Report Title:

Public Schools; Temporary Facilities; Accessibility; Exemptions

Description:

Exempts temporary public school facilities, such as trailers and portable classrooms, including nonpublic facilities, such as storerooms and offices, from state or county laws if those laws that exceed federal ADA requirements.

THE SENATE

S.B. NO.

11

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to temporary public school facilities.

 

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

SECTION 1. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to part VI, subpart A, to be appropriately designated and to read as follows:

"§302A-    Temporary public school facilities; accessibility; hurricanes; exemptions. Notwithstanding section 103-50 and any other law to the contrary, all public school facilities that are designed to be temporary in nature, including trailers, portable classrooms, and other temporary structures, which are used for classrooms, storage of educational and other materials, or other education-related purposes, and all temporary nonpublic facilities of public schools such as storerooms and offices, shall be exempt from the following:

(1) Any state or county law that requires public facilities to exceed the requirements of the Americans with Disabilities Act of 1990, 42 U.S.C. section 12101, et seq., as amended, and that Act's Accessibility Guidelines, 36 C.F.R. part 1191, requiring those facilities to be accessible to and usable by persons with disabilities, including any accessibility guidelines or rules adopted and amended by the disability and communication access board under chapter 348F; and

(2) All applicable state and county building requirements designed to protect structures in the event of a hurricane, as that term is defined in section 431P-1."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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