Section 50.82. Jurisdiction and effective dates

(a) Application. Section 50.81, this section and § § 50.83—50.86 apply to facilities where the public congregates: sports and entertainment arenas, stadiums, community and convention halls, specialty event centers, amusement facilities, ski resorts, public middle schools and high schools and community and municipal parks with a seating capacity of 500 or more persons. If a specialty event center is located in a community or municipal park, it is subject to § 50.81, this section and § § 50.83—50.86 if it has seating capacity for 500 or more persons.

(b) Exemptions. Section 50.81, this section and § § 50.83—50.86 do not apply to the following:

(1) Hotels. For purposes of § 50.81, this section and § § 50.83—50.86, ‘‘hotel’’ means an establishment in which there exists the relationship of guests and innkeeper between the occupants and the owner or operator of the establishment. The existence of some other legal relationship between the occupants and the owner or operator shall be immaterial.

(2) Public eating or drinking places defined in the act of May 23, 1945 (P. L. 926, No. 369), known as the Public Eating and Drinking Place Law.

(3) Community and municipal parks with seating capacity for less than 500 persons.

(c) Effective dates. The effective dates for § 50.81, this section and § § 50.83—50.86 are as follows:

(1) New facilities where the public congregates. Implementation of § 50.81, this section and § § 50.83—50.86 will be based upon contracts for design or construction executed on or after April 6, 1996.

(2) Existing facilities where the public congregates. Implementation of § 50.81, this section and § § 50.83—50.86 will be based upon contracts for the design or construction of the renovation executed on or after April 6, 1996.

(d) Renovating existing facility. An existing facility where the public congregates will be considered to be renovated if one of the following applies:

(1) Its rehabilitation requires more than 50% of the gross floor area or volume of the entire building to be rebuilt, not including cosmetic work such as painting, wall covering, wall paneling, floor covering and suspended ceiling work.

(2) An addition is made to an existing facility where the public congregates.

(e) The requirements of § 50.81, this section and § § 50.83—50.86 apply only to the portion of the building which is being renovated.

The provisions of this § 50.82 adopted April 5, 1996, effective April 6, 1996, 26 Pa.B. 1552.

Notation

Authority

The provisions of this § 50.82 issued under section 4 of the Restroom Equity Act (35 P. S. § 5820.4).

Cross References

This section cited in 34 Pa. Code § 50.81 (relating to purpose); 34 Pa. Code § 50.84 (relating to enforcement and inspections); 34 Pa. Code § 50.85 (relating to approval of plans); and 34 Pa. Code § 50.86 (relating to variances).