The State of Maryland has adopted Subpart D of Title III of the Americans with Disabilities Act ("ADA") and the "Americans with Disabilities Act Accessibility Guidelines", as part of the Maryland Accessibility Code. Title III requires that when a commercial building is altered or added to, and that alteration or addition is made to an area containing a "primary function," additional funds must be spent to make an accessible "path of travel," as long as the cost of making an accessible path of travel is not disproportionate to the cost of construction.

"Disproportionality" is defined in the ADA as 20% of the cost of adding to or altering a primary function area. This means that if someone were to spend $1000 to alter a primary function area, he/she would have to spend up to an additional $200 towards creating an accessible path of travel.

In the ADA, "primary function areas" include, but are not limited to, spaces such as lobbies, dining areas, meeting rooms and other areas in which public/private activities are carried out. The ADA also lists items, in order of priority, to which the 20% additional cost figure applies.

The ADA defines "path of travel" as the route that one would traverse from the building entrance to the altered area and to all bathrooms, telephones, and drinking fountains serving the altered area. Path of travel also includes the areas containing these services and the fixtures and elements therein.

To ensure compliance with these requirements, effective January 1, 2001, DPS will require that all plans and applications for alterations and additions to commercial buildings include a cost-disproportionality statement signed and sealed by a Maryland-registered design professional and/or the building owner. The statement must specify the improvements to be made to the path of travel within the 20% prescription.

For the convenience of our customers, DPS has developed a Maryland Assessibility Compliance form . You may also download an excerpt from the ADA, Title III, as referenced in the Maryland Accessibility Code. You may also call (240) 777-6370 if you have questions about the disproportionality rule or if you need additional information.