THE SENATE

S.B. NO.

150

TWENTY-SIXTH LEGISLATURE, 2011

 

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 public 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 state- or county-funded buildings, facilities, and sites, 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 an average of nine hundred to one thousand plans each year. 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 neither 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 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. The fees would continue to be funded through appropriation from the disability and communication access board special fund accessible building design special account after July 1, 2012.

The purpose of this Act is to enable 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, and establish an accessible building design special account within the disability and communication access board special fund, into which fees collected shall be deposited and expended.

SECTION 2. Chapter 103, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"103‑   Construction fees; services rendered by disability and communication access board services. Fees for the review of buildings and facilities in accordance with section 103-50(b) and (c) shall be charged based on estimated construction costs as follows:

(1) No application $50

(2) Less than $100,000 $200

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

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

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

(6) $2,500,001 to $5,000,000 $3,000

(7) $5,000,001 to $10,000,000 $4,000

(8) More than $10,000,000 $5,000 + $1,000 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 3. Chapter 348F, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"348F‑   Accessible building design special account. (a) The disability and communication access board shall establish an accessible building design special account, within the disability and communication access board special fund, established pursuant to section 348F-7. Moneys collected pursuant to section 348F-7 shall be deposited into the accessible building design special account. All interest earned or accrued on moneys deposited into the accessible building design special account pursuant to this section shall become part of the special account. Moneys from the accessible building design special account shall be administered by the disability and communication access board.

(b) Moneys in the disability and communication access board accessible building design special account shall be expended to cover costs to administer the requirements of section 103-50."

SECTION 4. 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) The disability and communication access board shall charge a fee for services rendered by the board in performing its duties under 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 reviews conducted under this section, including but not limited to a summary of the number and types of plans reviewed and the fees collected from each state or county department or agency.

[(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 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval, provided that the fees established by the disability and communication access board pursuant to sections 103‑   and


103‑50, Hawaii Revised Statutes, shall take effect on January 1, 2012 or upon adoption of administrative rules effectuating chapter 348F, whichever comes earlier.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Persons with Disabilities; Disability and Communication Access Board; Accessible Building Design Special Account; Fees

 

Description:

Allows the disability and communication access board to charge a fee to defray expenses of reviewing construction plans to ensure compliance with law. Establishes an accessible building design special account, within the disability and communication access board special fund, for fees to be deposited and expended.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.