5.1. HRSR 10-04-2004 - Laserfiche WebLink

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1 Based on the above requirements,the substandard determination of a particular • building is a two-step process;therefore,the fmdings of each step are independent of ' each other and both steps must be satisfied in order for a building to be found structurally substandard. It is not sufficient to conclude that a building is structurally substandard solely because the Code Test is satisfied. It is theoretically possible for a ' building to require extensive renovation in order to meet current building codes but still not meet the main test of the Conditions Test. ' Furthermore, deficiencies included in the Conditions Test may or may not include specific code deficiencies as listed in the Code Test. In many cases, specific building code deficiencies may well contribute to the data which supports satisfying the ' Conditions Test;conversely, it is certainly possible that identified hazards or other deficiencies which could be included in the Conditions Test do not necessarily constitute current building code deficiencies. By definition, the nature of the two ' steps is slightly different. The Conditions Test is more subjective, whereas the Code Test is an objective test. Conditions Test deficiencies are less technical and not necessarily measurable to the same extent of the code deficiencies in the Code Test. ' To the end that technical, measurable building code deficiencies support the satisfaction of the less technical Conditions Test,the following code requirements are defined in terms that go beyond the technical requirements of the code and ' demonstrate their relevance in terms of". . . deficiencies in essential utilities and facilities, light and ventilation, etc. . ." Uniform Building Code(UBC): The purpose of the UBC is to provide minimum standards to safeguard life or limb, health,property and public welfare by regulating and controlling the design, construction,quality of materials,use and occupancy, location and maintenance of all buildings and structures(UBC 101.2). A deficiency in the building code(insufficient number of building exits, insufficient door landing area, etc.) adversely affects one or more of the above standards to safeguard `life or limb . . .and public welfare';therefore, a deficiency in the building code is considered a deficiency in one or more "essential utilities and facilities, light and ventilation, etc.". Minnesota Accessibility Code, Chapter 1341: This chapter sets the requirements for accessibility all building occupancies. The Minnesota Accessibility Code closely follows the Americans with Disabilities Act Accessibility Guidelines (ADAAG), which sets the guidelines for accessibility to places of public accommodations and commercial facilities as required by the Americans with Disabilities Act(ADA) of 1990. The ADA is a federal anti-discrimination statute designed to remove barriers that prevent qualified individuals with disabilities from enjoying the same opportunities that are available to persons without disabilities(ADA Handbook). Essentially, a deficiency in the accessibility code (lack of handrail extension at stairs or ramp, lack of clearance at a toilet fixture, ' etc.)results in a discrimination against disabled individuals;therefore, a deficiency in the accessibility code is considered a deficiency in"essential • utilities and facilities". 1 4