Definitions

PURPOSE: This rule defines terms used in sections 213.040, 213.045, 213.050 and 213.070, RSMo. PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. Therefore, the material which is so incorporated is on file with the agency who filed this rule, and with the Office of the Secretary of State. Any interested person may view this material at either agency’s headquarters or the same will be made available at the Office of the Secretary of State at a cost not to exceed actual cost of copy reproduction. The entire text of the rule is printed here. This note refers only to the incorporated by reference material. (1) Accessible route means a continuous unobstructed path connecting accessible elements and spaces in a building or within a site that can be negotiated by a person with a severe disability using a wheelchair and that is also safe for and usable by people with other disabilities. Interior accessible routes may include corridors, floors, ramps, elevators and lifts. Exterior accessible routes may include parking access aisles, curb ramps, walks, ramps and lifts. A route that complies with the appropriate requirements of American National Standards Institute, (ANSI) A117.1-1986 or a comparable standard is an accessible route. (2) Accessible, when used with respect to the public and common use areas of a building containing covered multifamily dwellings, means that the public or common use areas of the building can be approached, entered and used by individuals with physical handicaps. The phrase, readily accessible to and usable by, is synonymous with accessible. A public or common use area that complies with the appropriate requirements of the (ANSI) A117.1-1986 or a comparable standard is accessible within the meaning of this definition. (3) ANSI A117.1-1986 means the 1986 edition of the American National Standard for Buildings and Facilities Providing Accessibility and Usability for Physically Handicapped People. Copies may be obtained from American National Standards Institute, Inc., 1430 Broadway, New York, New York 10018. (4) Building entrance on an accessible route means an accessible entrance to a building that is connected by an accessible route to public transportation stops, to accessible parking and passenger loading zones, or to public streets or sidewalks, if available. A building entrance that complies with ANSI A117.1-1986 or a comparable standard complies with the requirements of this section. (5) Building means a structure, facility or portion of it that contains or serves one (1) or more dwelling units. (6) Common use areas means rooms, spaces or elements inside or outside of a building that are made available for the use of residents of a building or their guests. These areas include hallways, lounges, lobbies, laundry rooms, refuse rooms, mail rooms, recreational areas and passageways among and between buildings. (7) Controlled substance means any drug or other substance, or immediate precursor, included in the definition in section 195.010, RSMo. (8) Covered multifamily dwellings means buildings consisting of four (4) or more dwelling units if these buildings have one (1) or more elevators, and ground floor dwelling units in other buildings. (9) Dwelling means any building, structure or portion of it which is occupied as, or designed or intended for occupancy as a residence by one (1) or more families and any vacant land which is offered for sale or lease for the construction or location of any building, structure or portion of it intended for residential purposes. (10) Dwelling unit means a single unit of residence for a family of one (1) or more persons. Examples of dwelling units include: a single family home; an apartment unit within an apartment building; and in other types of dwellings in which sleeping accommodations are provided but toileting or cooking facilities are shared by occupants of more than one (1) room or portion of the dwelling, or rooms in which people sleep. Examples of the latter include dormitory rooms and sleeping accommodations in shelters intended for occupancy as a residence for homeless persons. (11) Entrance means any access point to a building or portion of a building used by residents for the purpose of entering. (12) Exterior means all areas of the premises outside of an individual dwelling unit. (13) First occupancy means a building that has never before been used for any purpose. (14) Ground floor means a floor of a building with a building entrance on an accessible route. A building may have more than one (1) ground floor. (15) Interior means the spaces, parts, components or elements of an individual dwelling unit. (16) Modification means any change to the public or common use areas of a building or any change to a dwelling unit. (17) Other financial assistance as used in section 213.045, RSMo includes the purchasing of loans which are for purchasing, constructing, improving, repairing or maintaining a dwelling or which are secured by residential real estate. (18) Premises means the interior or exterior spaces, parts, components or elements of a building, including individual dwelling units and the public and common use areas of a building. (19) Public use areas means interior or exterior rooms or spaces of a building that are made available to the general public. Public use may be provided at a building that is privately or publicly owned. (20) Site means a parcel of land bounded by a property line or a designated portion of a public right of way. AUTHORITY: sections 213.030, 213.040, 213.045 and 213.050, RSMo Supp. 1992.* Original rule filed Dec. 2, 1992, effective June 7, 1993. *Original authority: 213.030, RSMo 1959, amended 1978, 1986, 1992; 213.040, RSMo 1986, amended 1992; 213.045, RSMo 1986, amended 1992 and 213.050, RSMo 1986, amended 1992. Sections of the Missouri Human Rights Act