Can a vertical wheelchair lift be legally used in lieu of an elevator?
No. State and federal law stipulates that ramps and or elevators must be used to provide access, and that wheelchair lifts can only be considered in certain exceptions. There are only a few exceptions, and the only one that could be applied is if it were “technically infeasible to provide an elevator.” In this case, “technically infeasible” is recognized as conditions such as having a water level within one foot of the surface or being on solid bed rock, hence making an elevator technically infeasible, due to the required pit. Some people will ask, “What about the 3,000 square foot rule?” Elevators can be exempted in buildings where the second story has 3000 square feet or less. This only applies to certain types of privately owned facilities. This does not apply, nor can it be applied, to publicly funded buildings. This is the case in both state and federal law. Is there any instance where a wheelchair lift can be used in lieu of an elevator to access the second story of a two-story b
