STAND. COM. REP. NO. 3428

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  S.C.R. No. 29
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Ways and Means, to which was referred
S.C.R. No. 29, S.D. 1, entitled:

     "SENATE CONCURRENT RESOLUTION URGING THE COUNTIES TO
     INCORPORATE INTO THE COUNTY BUILDING CODES PROVISIONS FOR
     DISABILITY ACCESSIBILITY,"

begs leave to report as follows:

     The purpose of this concurrent resolution is to urge the
counties to revise their respective building code provisions for
accessibility for persons with disabilities.

     Your Committee finds that the Americans with Disabilities
Act requires the design and construction of certain specific
buildings and facilities to be accessible and usable by persons
with disabilities.  The Americans with Disabilities Act
requirements for new construction and alteration apply under
Title II of the Americans with Disabilities Act to state and
local government projects and to private projects involving
public accommodations and commercial facilities under Title III.
The design requirements of the Americans with Disabilities Act
are supplemented by the Americans with Disabilities Act
Accessibility Guidelines, 36 C.F.R. Pt. 1191, to ensure
compliance with the Americans with Disabilities Act as to
"accessibility and usability".


 
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                                   STAND. COM. REP. NO. 3428
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     Your Committee further finds that the United States
Department of Justice has encouraged state and local governments
to incorporate the Americans with Disabilities Act Accessibility
Guidelines into their respective building codes, and has
developed a process to certify local codes that provide
equivalent or greater requirements than the Americans with
Disabilities Act for design and construction.  While section
103-50, Hawaii Revised Statutes, requires public buildings and
facilities to conform to the Americans with Disabilities Act
Accessibility Guidelines, there is no similar requirement for
private buildings and facilities.

     Your Committee further finds the City and County of Honolulu
and the counties of Hawaii, Kauai, and Maui have adopted the
Uniform Building Code of the International Conference of Building
Officials.  However, none of the amended codes include the
Americans with Disabilities Act Accessibility Guidelines in its
entirety.  Your Committee agrees that the long-term goal of the
State should be to have a state building code incorporating all
of the Americans with Disabilities Act Accessibility Guidelines
and Fair Housing Amendments Act Guidelines to benefit the design
and construction community so that it knows what is required and
can conform to the Americans with Disabilities Act and Fair
Housing Act, thereby avoiding access problems for persons with
disabilities and costly litigation for design professionals,
building owners, and managers.

     As affirmed by the record of votes of the members of your
Committee on Ways and Means that is attached to this report, your
Committee concurs with the intent and purpose of S.C.R. No. 29,
S.D. 1, and recommends its adoption.

                                 Respectfully submitted on behalf
                                 of the members of the Committee
                                 on Ways and Means,



                                 ________________________________
                                 CAROL FUKUNAGA, Co-Chair



                                 ________________________________
                                 ANDREW LEVIN, Co-Chair

 
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