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Session Laws, 1986
Volume 768, Page 2821   View pdf image
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HARRY HUGHES, Governor

2821

(III) IS A RETAIL ESTABLISHMENT, WHETHER
OFFERING GOODS, SERVICES, ENTERTAINMENT, RECREATION, OR
TRANSPORTATION.

(2) THIS SECTION DOES NOT REQUIRE STRUCTURAL CHANGES,
MODIFICATIONS, OR ADDITIONS TO BUILDINGS OR VEHICLES, EXCEPT AS
REQUIRED BY PARAGRAPH (2) OF THIS SUBSECTION OR AS OTHERWISE
REQUIRED BY LAW. IN ADDITION, ANY BUILDING CONSTRUCTED, MODIFIED
OR ALTERED IN COMPLIANCE WITH, OR PURSUANT TO A WAIVER FROM, THE
MARYLAND BUILDING CODE FOR THE HANDICAPPED UNDER SECTION 257JK OF
ARTICLE 41 OF THE CODE SHALL NOT BE SUBJECT TO THIS SECTION.

(I)  WHEN STRUCTURAL CHANGES, MODIFICATIONS, OR
THE PROVISION OF SPECIAL EQUIPMENT IS NECESSARY TO ACCOMMODATE A
HANDICAPPED PERSON THE ACCOMMODATION SHALL BE "REASONABLE".

(II) 1. "REASONABLE ACCOMMODATION" FOR THE
PURPOSES OF THIS PARAGRAPH MEANS TO MAKE A PUBLIC ACCOMMODATION
SUITABLE FOR ACCESS, USE, AND PATRONAGE BY A PERSON WITHOUT
DANGER TO THE PERSON'S HEALTH OR SAFETY AND WITHOUT UNDUE
HARDSHIP OR EXPENSE TO A BUSINESS OR OTHER ACTIVITY MAKING SUCH
AN ACCOMMODATION.

2. WITH RESPECT TO A PRIVATE MOTOR COACH
TRANSPORTATION CARRIER, FOR THE PURPOSES OF THIS SUBSECTION,
"REASONABLE ACCOMMODATION" MEANS THAT ANY REQUIREMENT TO SATISFY
THE PROVISIONS OF THIS ARTICLE WILL NOT EXCEED A MAXIMUM EXPENSE
OF $2,500 PER OPERATING VEHICLE. HOWEVER, BEGINNING JANUARY 1,
1990, AT LEAST 10 PERCENT OF THE TOTAL OPERATING FLEET OF ANY
PRIVATE MOTOR COACH TRANSPORTATION CARRIER DOING BUSINESS IN THE
STATE SHALL COMPLY WITH THE PROVISIONS OF THIS ARTICLE.

2. 3. THE HUMAN RELATIONS COMMISSION
SHALL MAKE A DETERMINATION IN THE FIRST INSTANCE WHETHER AN
ACCOMMODATION IS "REASONABLE". IN MAKING THIS DETERMINATION FOR
BUILDINGS, THE HUMAN RELATIONS COMMISSION SHALL CONSULT WITH THE
DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT AS TO THE COST
AND FEASIBILITY OF ANY STRUCTURAL CHANGES, MODIFICATIONS,
ADDITIONS OR THE PROVISION OF SPECIAL EQUIPMENT.

(E) The provisions of this section shall not apply to a
private club or other establishment not in fact open to the
public, except to the extent that the facilities of such
establishments are made available to the customers or patrons of
an establishment within the scope of this section.

(F) With respect to sex discrimination, this section may
not be construed to apply to those facilities which are uniquely

 

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Session Laws, 1986
Volume 768, Page 2821   View pdf image
 Jump to  
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