Michigan Laws 125.1355a – Granting request for exception to barrier free design requirement; finding of compelling need; “compelling need” defined
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(1) Consistent with section 5(6), the barrier free design board shall grant a request for an exception to a barrier free design requirement contained in the state construction code act of 1972, Act No. 230 of the Public Acts of 1972, being section 125.1501 to 125.1531 of the Michigan Compiled Laws, only upon a finding by the board of compelling need for the exception. The board may find compelling need if the literal application of the barrier free design requirement would result in exceptional, practical difficulty to the applicant.
(2) As used in subsection (1), “compelling need” includes, but is not limited to, 1 or more of the following:
Terms Used In Michigan Laws 125.1355a
- Barrier free design: means those architectural designs which eliminate the type of barriers and hindrances that deter physically limited persons from having access to and free mobility in and around a building, structure, or improved area. See Michigan Laws 125.1351
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
(a) Structural limitations.
(b) Site limitations.
(c) Economic limitations.
(d) Technological limitations.
(e) Jurisdictional conflicts.
(f) Historical structures, under conditions prescribed by rule of the construction code commission.