HomeMy WebLinkAboutCOM 0151.003 1996-1998 Mir or h
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DONALD IKEDA / ~ ~ ~U.rc. CONSTANCE R. KIRIU
County Cork lsgisiativr Auditor
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OFFICE OF `THE COIIT~`I'Y CLERK
County of Haumi c~
Haunii County Building ~7
25 Aupum Strnt n ~
Hib, Hauuii 96720 ~ ~ ~ ~
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March 31, 1997~~ ~ ~,l
TO: Council Member Dominic Yagong C''
Public Works and Parks Committee Chair ~ t~ j
FR: Zeslie Chow
Legislative Auditors Assistant
RE: Communication No. 151 - 2/3/97 Disability Rights Hawaii Letter
Research on Section 103-50, HRS, and the Commission on Persons with Disabilities
Section 103-50(a), Hawaii Revised Statutes, requires that all plans or specifications for the
construction of State or County buildings and facilities shall conform with the Americans with
Disabilities Act Accessibility Guidelines.
Section 103-50(c), Hawaii Revised Statues, further requires that State or County agencies shall
seek input from the Commission on construction plans.
For your information, this section reads as follows:
Section 103-50 Building design to consider needs of persons with disabilities.
(a) Notwithstanding any other law to the contrary, all plans and specifications for the
construction of public buildings and facilities by the State or any county, or on behalf of
the State or any county subject to this chapter, shall be prepared so the buildings and
facilities are accessible to and usable by persons with disabilities. The buildings and
facilities shall conform to the Americans with Disabilities Act Accessibility Guidelines,
36 C.F.R. Pt. 1191, as adopted and amended by the architectural access committee.
(b) All agencies subject to this section shall seek advice and recommendations from
the commission on persons with disabilities on any construction plans. [L 1965, c 3, sec.
2; Supp. Sec. 9-57; HRS sec. 103-50; am L 1969, c 260, sec. 1; am L ]989, c 382, sec. 2;
am L 1993, c 308, sec. 2; am L 1996, c 163, sec. 2]
Additional information from the Commission about these design and construction requirements
is attached. S~~ Q
(`puanr. Dio.
Ella 1'(0.
Tet PP%s~ented PWr L
tit. nace_ -
Design and Construction Requirements
as required under
Hawaii Revised Statutes 103-SO
What types of buildings and facilities are caverg~~i
y Iia aii Revised
Statutes (HR,SL,703-50?
HRS 103-50 states that all nlanc nd soe,ifi alinnsfor the construeion of A~12 i h ~ildin s
a-nd f_acRil„ies by_Ihe Stale or aRv
CQUn4y, or qn behaj(of the State,{lr~ny .o ~nlv shall be
prepazcd so that the buildings and facilities are accessible to and usable by persons with
dtsabilities.
ASC there specific design standards?
HRS 103-50 status that the desi(,~n standards to ensure that all buildings and facilities
required to be accessible shall conform to the Americans with Disabilities Act Accessibility
Guidelines (ADAAG).
In addifion, NRS 103-SU.S gives the Atchiteclural Access Committee the authority to adopt
design guidelines not covered in the Americans with Disabilities Act Accessibility
Guidelines in order to provide greater access for persons widt disabilities. As of August,
1991, the Architectural Access Committee had adopted "Children's Design Guidelines" to
serve children with disabilities in elementary schools or other buildings and facilities where
the primary users are children. Persons wishing more information on additional design
guidelines which may be relevant to their project may contact the Architectural Access
Committee et 586-8128 (V/I'DD).
is there a revs w groc4ss for HRS 103-50 prpjects7
HRS 103-50 states that all agencies of the State and County shall seek the "advice and
recommendauons" from the Commission on Persons with Disabilities (Facility Access
Unit) on all plans and specifications to ensure conformance with the ADAAG as well as
any supplemental design specificadons established by the Architectural Access Committee,
The Commission on Pen:ons with Disabilities provides technical assisntnce in the form of
review and recommendations on design documents from conceptual and schematic stages
through final construction plans. A written document review is provided on the plans in
their final stage of preparation. The Commission on Persons with Disabilities transmiLS its
advice and recommendations to both the agency overseeing the project as well as the design
or conswction personnel working on dte project. The ultimate decision on any project is
made between the agency's project manager ttrtd the design or conswction personnel.
The technical assistance of the Commission also includes the conduct of training sessions
for design professionals, building inspectors, and project managers, information on
products and laws, telephone or faxed questions nn accessibility guidelines, and site
surveys.
~I ..j _I, U... U1 i_i ~I li, ..ail ILI .ltl i. it U1 Jll~ll.il ll_. LII_I
~'yt^ enforces tht i st=n re i
Assurances that a building or facility is constructed in accordance wilt dte appropriate
design standards rests with the government agency or agencies which oversee the funding
of the project.
is
t~Yre 9 ~ocecc to 1?btain a variance Prom the requirements of HR6
103103-50?
HRS ]03-50.5 allows the Architectural Access Couunittee to issue a variance from the
specific requirements of the Americans with Disabilities Act Accessibility Guidelines if an
flltemative design provides equal or greater access Cor persons with disabilities. Waivers
are not permitted. An application process, folluwetl by a public hearing, will precede the
Architectural Access Committee's decision on the varianw request. The administrative
rules governing the procedures of Ute Committu: ate contained in Hawaii Administrative
Rules Chapter 11-217. Information on the process cart be pbtained by calling the
Architectural Access Commitree at 586-8128 (V/1'DD).
Does the law re~l~~e existing local building,, c~gdes?
The requiremenLS of HIt5 103-50 and 103-50.5 do not supplant or replace State or local
laws that. impose higher accessibility standards. The governing principal to follow when
local codes differ is that the mote stringent acquirements apply.
Dogs the Act affee~ existing buildings or facilities constructed in
cnnformanCe to nrevio s standards?.
This Act does not affect buildings or facilities constructed prior w its effective date (Januaryy
1, 1994). Yrior to this date, buildings and facilities were reyuited to cunfurut to the UFAS
(July 1, 1989 to Decemher 31, 1993) or Ute latest edition of ANSI (July 1, 1965 to June
30, 1989).
Commission on Persmas with Disabilities
Oahus 586-8121 (Voice/TDD)
Maui: 243.5441 (Vo1ce/TDD)
Kauai: 241-3308 (VoicerrDD)
Big Island: 933-d747 (VoicefrDD)
(Note: The Nac[lity Acce,cs Unif of the Commission on Persons with Disu6ilitirs is located nn
Oahu; calls w Netgybar Islands offices will br dlreaed to Oahu.)
Muy 1993