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Law No. 10098, Of 19 December 2000

Original Language Title: Lei nº 10.098, de 19 de Dezembro de 2000

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LEI No. 10,098, DE December 19, 2000.

Establishes general standards and basic criterion for the promotion of accessibility of persons with disabilities or with reduced mobility, and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC;

I do know that the National Congress decrees and I sanction the following Law

CHAPTER I

GENERAL PROVISIONS

Art. 1º This Law sets out general standards and basic criteria for the promotion of accessibility of persons with disabilities or with reduced mobility, by removing barriers and of obstacles in the ways and public spaces, in urban furniture, in building and renovation of buildings and in the means of transport and communication.

Art. 2º For the purposes of this Act the following definitions are laid down:

I-accessibility: possibility and condition of reach for use, with security and autonomy, of the spaces, securities and urban equipment, buildings, transport and systems and means of communication, by persons with disabilities or with reduced mobility:

II-barriers: any barrier or obstacle that limits or prevents access, freedom of movement and movement with security of the persons, classified under:

a) urbanistic architectural barriers: existing ones on public roads and in public use spaces ;

b) architectural barriers in edification: the exitents within the public and private buildings ;

c) architatonic barriers in transport: the existing ones in the means of transport ;

d) barriers in communications: any hindrance or hindrance that makes it difficult or impossible to express or receive messages by means of means or systems of communication, whether or not of mass ;

III-person carrier of disability or with reduced mobility: to which temporary or permanently has limited their ability to relate with medium and to use-lo;

IV-element of urbanization: any components of the works of urbanization, such as those concerning paving, sanitation, plumbing for sewers, distribution of electrical energy, lighting public, supply and distribution of water, landscaping and those that materialize the indications of urban planning ;

V-urban furniture: the cunner of existing objects in the airways and public spaces, superimposed or added to the elements of the urbanization of the edification, such that their furnishing or rear does not provokes suibstancial changes in these elements, such as traffic lights, signaling poles and similar, telephone booths, public strong, dumpsters, awnings, marquises, kiosks and any others of an analogous nature ;

VI-technical help: any element that facilitates personal autonomy or makes it possible to access and use of physical medium.

chapter ii

OF ELEMENTS OF URBANIZATION

Art. 3º The planning and urbanization of public roads, park and public use spaces should be designed and implemented in such a way as to make it accessible for people with a benefit or with reduced mobility.

Art. 4º Public roads, existing parks, as well as their urban services and service facilities should be adapted, obeying order of priority which is aimed at the larger efficiency of modifications, in the sense of promoting wider accessibility to persons with disabilities or with reduced mobility.

Art. 5º The project and the proofs of public and private urbanization elements of community use, in these understood itineraries and pedestrian passages, the entrance and exit pathways of vehicles, stairs and ramps, should observe the parameters set by the technical standards of accessibility of the Brazilian Association of Technical Standards-ABNT.

Art. 6º The existing public use toilets or to be built in parks, squares, garden and public free spaces should be accessible and have at least one health meeting that meets the specifications of the technical standards of ABNT.

Art. 7º In all areas of vehicle establishment, located in lanes or in public space, vacancies close to pedestrian circulation accesses should be reserved, duly signposted, for vehicles carrying disabled people with difficulty of locomotion.

Single Paragraph. The vacancies referred to in the caput of this article should be in number equivalent to two per cent of the total, guaranteed, at the very least, a vacancy, duly flagged and with the technical specifications of drawing and plotted according to the technical standards vigour.

chapter iii

OF THE DRAWING AND LOCATION OF THE URBAN FURNITURE

Art. 8º The traffic signals, traffic lights, lighting poles or any other vertical signaling elements that should be installed on itinerary or access space for pedestrian should be arranged in such a way as not to hamper or prevent circulation, and so that they can be used with maximum amenity.

Art. 9º The traffic lights for pedestrian installed on the public roads should be equipped with mechanism that emits smooth, intermittent sound and no strident signal, or with alternative mechanism, which serve as a guide or orientation for the crossing of visually impaired persons, if the intensity of the vehicle flow and the pathway of the track thus determine

Art. 10 The elements of the urban furniture should be designed and installed in places that allow them to be used by people with disabilities or with reduced mobility.

iv chapter

DA ACESSIBLITY IN PUBLIC BUILDINGS OR COLLECTIVE USE

Art. 11. Construction, extension or renovation of public or private buildings intended for private intended for collective use should be carried out in such a way that they are or become accessible to persons with disabilities or reduced mobility.

Single Paragraph. For the purposes of this article, in the construction, extension or renovation of public or private buildings intended for the collective use should be observed at least the following accessibility requirements:

I-in the outer or internal aires of the edification, intended for garage and public use parking, should be reserved vacancies close to the pedestrian circulation accesses, duly signposted, for vehicles carrying persons with disabilities with difficulty of permanent locomotion ;

II-at least one of the accesses to the interior of the edification will be to be free of archtonic barriers and obstacles that prevent or hinder the accessibility of person carrier with disabilities or with reduced mobility ;

III-at least one of the itinists who communicate horizontal and vertically all dependencies and services of the building, with each other with the exterior, must meet the accessibility requirements of which treats this Act ; and

IV-buildings shall have at least an accessible bathroom, distributing their accessories fittings in such a manner that they can be used by person with disabilities or with reduced mobility.

Art. 12 The locations of spectacles, conferences, classes and others of a similar nature should have reserved spaces for people who use wheelchair, and from specific places to persons with hearing and visual impairment, including companion, according to ABNT, so as to facilitate them with the conditions of access, circulation and communication.

chapter v

DA ACCESSIBILITY IN PRIVATE USE BUILDINGS

Art. 13 Private use buildings in which the installation of lifts is mandatory shall be constituted by meeting the following minimum accessibility requirements:

I-accessible pathway that una the housing units with the exterior and with the common use dependencies ;

II-accessible percussion that will unite the edification to the public via the buildings and services attachments of common use and to neighbouring buildings ;

III-elevator cabin and respective accessible gateway for persons with disabilities or with reduced mobility.

Art. 14 The buildings to be built with more than one deck other than the access deck, the exception of the unifamilial dwellings, and which are not required of the elevator installation, should have technical and project specifications that facilitate the installation of an adapted elevator, and the other common use elements of these buildings will meet accessibility requirements.

Art. 15 Caberá to the federal body responsible for the coordination of housing policy to regulate the reserve of a minimum percentage of the total dwellings, as per the characteristic of the population location, for the fulfillment of the demand of person carriers with disabilities or with reduced mobility.

chapter vi

DA ACCESSIBILITY IN COLLECTIVE TRANSPORTATION VEHICLES

Art. 16 Collective transport vehicles should comply with the accessibility requirements set out in the specific technical standards

CHAPTER VII

DA ACENSSITIVITY IN THE COMMUNICATION AND SIGNALING SYSTEM

Art. 17 Public Power will promote the removal of barriers in communication and establish mechanism and technical alternatives that make communication and signalling systems accessible to people sensorial disability carriers and with difficulty communication, to guarantee them the right of access to information, communication, work, education, transportation, culture, sport and leisure.

Art. 18. will implement the training of professional practitioner practitioners in braille, sign language and guide-interpreters, to facilitate any kind of direct communication to the person carrier of sensory impairments and with difficulty communication

Art. 19. Sound and sound broadcasting services and images will adopt plan of technical measures with the aim of enabling the use of sign language or other subtiation, to ensure the right of access to information to persons with disabilities auditory, in the form and within the timeframe provided for in

viii chapter

PROVISIONS ON TECHNICAL AIDS

Art. 20. The Public Power will promote the suppression of urbanistic, architectural, transport and communication barriers. By technical aids.

Art. 21 The Public Power, through the research support bodies and the funding agency, supply, will forage targeted programs:

I-to the promotion of scientific research aimed at addressing and prevention of disability ;

II-to technological development oriented to the production of technical aids for people with disabilities ;

III-the specialization of human resources in accessibility.

ix chapter

DAS MEASURES TO THE ELIMINATION OF BARRIERS

Art. 22 It is instituted, within the framework of the Ministry of Human Rights of the Ministry of Justice, the National Accessibility Programme, with specific budget allocation, the implementation of which will be discipline in regulation.

chapter x

FINAL PROVISIONS

Art. 23 A Direct and indirect Federal Public Administration will currently target budget allocation for adaptations, eliminations and suppressions of existing architectural barriers in buildings of public use of your property and in those who are under your administration or use.

Single Paragraph. The implementation of the adaptations, eliminations and suppressions of architectural barriers referred to in the caput of this article is to be initiated from the first year of this Act.

Art. 24 The Public Power will promote informational and educational campaigns aimed at the general population, with the purpose of raising awareness and raising awareness about accessibility and integration social person of the person carrier of disability or with reduced mobility.

Art. 25 The provisions of this Act apply to buildings or real estate declared goods of cultural interest or historical-artític value, provided that the necessary modifications observe the standards specific regulatory of these goods.

Art. 26 The representative organizations of persons with disabilities will have the legitimacy to monitor compliance with the accessibility requirements set forth in this Act.

Art. 27 This Act comes into force on the date of its publication.

Brasilia, December 19, 2000 ; 179º of Independence and 112º of the Republic.

fernando cardoso henrique

Jose Gregori