Minnesota’s statute regarding the accessibility code for public buildings is confusing and may cause programs, services, and activities provided by state or local government to be inaccessible to people with disabilities.
Federal requirements under Title II of the Americans with Disabilities Act (ADA) states that programs, services, and activities of state and local government must be accessible to and usable by people with disabilities. Public programs can comply by:
- Modifying their facility to make it accessible
- Or providing the program, service or activity at an alternate, accessible site.
Current state statute specifies that state buildings built or remodeled after July 1, 1963 are only required to make accessibility improvements if they are part of a different remodeling project (Minnesota Statute 326B.106).
This language is confusing, non-essential, and conflicts with federal ADA requirements. It essentially encourages noncompliance when modifications are needed solely to provide access for people with disabilities.
Senate File 2064/House File 2013 removes outdated language from state statute. This change does not add any requirements that are not already in place under the ADA and does not change Minnesota Building Code.
For more information contact the Minnesota Council on Disability staff: