CHAPTER 266

FORMERLY

HOUSE BILL NO. 333

AS AMENDED BY

SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 29, PART II, TITLE 9 OF THE DELAWARE CODE RELATING TO THE PUBLIC HEALTH AND WELFARE; AND PROVIDING FOR THE PHYSICALLY HANDICAPPED ACCESS TO COMMERCIAL AREAS UNDER CERTAIN CIRCUMSTANCES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 29, Part II, Title 9 of the Delaware Code by striking the title to said Chapter, and substituting in lieu thereof the following:

"CHAPTER29. PUBLIC HEALTH AND WELFARE"

Section 2. Amend Chapter 29, Part II, Title 9 of the Delaware Code by adding thereto a new section, designated as 42903, which new section shall read as follows:

"§2903. Access by handicapped

No commercial establishment open to the general public shall erect, build or construct any fence, post or barricade not used for structural support which would prevent access to the entrance or exits of such store or establishment by physically handicapped persons; provided, however, the provisions of this section shall not apply to any group of posts or railings which contain an opening which is five feet or more in width."

Section 3. All existing fences, posts and barricades in areas affected by this Act which are not used for structural support, or which have been placed at common or emergency entrances and exits of stores and establishments presently existing, under construction or under permit for construction shall be removed within 30 days from the effective date of this Act if such barriers would prevent a physically handicapped person from using the said entrances or exits

Approved May 5, 1978.