HOUSE OF REPRESENTATIVES

H.B. NO.

2152

TWENTY-FIFTH LEGISLATURE, 2010

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO BUILDING DESIGN FOR PERSONS WITH DISABILITIES.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Hawaii law requires that all plans and specifications for the construction of public buildings, facilities, and sites be prepared so that the buildings, facilities, and sites are accessible to and usable by persons with disabilities.  Section 103-50, Hawaii Revised Statutes, requires that buildings, facilities, and sites conform to the Americans with Disabilities Act Accessibility Guidelines and the Federal Fair Housing Amendments Act of 1988, which establish the design standard for accessibility to persons with disabilities.

     The legislature established a mechanism for the review of all plans and specifications for state and county buildings, facilities, and sites, or buildings, facilities, and sites funded with state or county funds by the disability and communication access board to ensure that design and construction efforts would be corrected prior to the construction of the building, facility, or site.  The disability and communication access board reviews nine hundred to one thousand plans each year on average.  The review process has been heretofore offered to the architectural and design community at no charge.

     The legislature finds that compliance with the statutory design requirements to ensure accessibility is not consistent, nor uniformly understood in the architectural, engineering, and design community.  The legislature further finds that the review process by the disability and communication access board is a valuable service that should be continued.  The review process ensures appropriate access to people with disabilities by uncovering design flaws that are corrected prior to construction, which prevents costly litigation and retrofits.

     The legislature believes that the fees allowed to be charged under this Act by the disability and communication access board should be incorporated into the capitalization costs of the projects.  A reasonable fee schedule would generate revenues sufficient to pay for the salaries of the staff conducting the reviews.  The fees provide a mechanism to defray a portion or all of the costs of the review process, which would continue to be funded through appropriation from the general fund.

The purpose of this Act is to require the disability and communication access board to charge a fee for the review, similar to other fees that are charged for permits, as part of the design and construction process.

     SECTION 2.  Section 103-50, Hawaii Revised Statutes, is amended to read as follows:

     "§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, facilities, and sites shall be prepared so that the buildings, facilities, and sites are accessible to and usable by persons with disabilities.  The buildings, facilities, and sites shall conform to the Americans with Disabilities Act Accessibility Guidelines, Title 36 Code of Federal Regulations Part 1191, and the requirements of the Federal Fair Housing Amendments Act of 1988, as established in Title 24 Code of Federal Regulations Part 100, Subpart D, as adopted and amended by the disability and communication access board under chapter 348F.

     (b)  All state and county agencies subject to this section shall seek advice and recommendations from the disability and communication access board on any construction plans prior to commencing with construction.

     (c)  The disability and communication access board shall adopt rules pursuant to chapter 91 for the design of buildings, facilities, and sites, by or on behalf of the State and counties to effectuate the purposes of this section, except that the board, without regard to chapter 91, instead, may adopt federal amendments to the Americans with Disabilities Act Accessibility Guidelines, Title 36 Code of Federal Regulations Part 1191.

     (d)  The disability and communication access board may approve a site specific alternate design when an alternate design provides equal or greater access.

     (e)  To defray the expenses of the disability and communication access board to perform its duties under this section, the board shall charge a fee for services rendered by the board pursuant to this section; provided that the board shall establish a fee schedule that includes reasonable tiered fees based upon estimated construction costs, pursuant to rules adopted under chapter 91.

     The disability and communication access board shall report to the legislature annually regarding the revenues generated by the fees charged under this subsection, including:

     (1)  A general description of the review of each plan;

     (2)  The hours of service rendered and the person                   responsible for reviewing each plan; and

     (3)  The amount of fees charged for the review of each              plan.

     [(e)] (f)  For the purposes of this section, "public buildings, facilities, and sites" means buildings, facilities, and sites that:

     (1)  Are designed, constructed, purchased, or leased with the use of any state or county funds or federal funds administered by the State or a county;

     (2)  House state or county programs, services, or activities that are intended to be accessed by the general public; or

     (3)  Are constructed on state or county lands or lands that will be transferred to the State or a county."

     SECTION 3.  For purposes of section 2 of this Act and until the disability and communication access board adopts rules pursuant to chapter 91, Hawaii Revised Statutes, to supersede the fees specified in this section, the fees shall be based on estimated construction costs as follows:

     (1)  No application                      $50

     (2)  Up to $100,000                     $200

     (3)  $100,001 to $500,000               $500

     (4)  $500,001 to $1,000,000           $1,250

     (5)  $1,000,001 to $5,000,000         $2,500

     (6)  $5,000,001 to $10,000,000        $3,000

    (7)  More than $10,000,000            $4,000 and $1,000

     more for each additional $10,000,000 or portion thereof;

In addition, there shall be a $3,000 maximum plan review fee, charged at the discretion of the disability and communication access board, for public rights-of-way projects and projects managed by private non-profit entities.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on January 1, 2011.



 

 

Report Title:

Persons with Disabilities; Fees

 

Description:

Requires the disability and communication access board to charge a fee to defray expenses of review of construction plans to ensure compliance with law.  Establishes temporary fees until the board adopts permanent fees. (HB2152 HD1)

 

 

 

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