NOTICE OF PUBLIC HEARING
DEPARTMENT OF HEALTH
STATE OF HAWAII
DOCKET NO. R-1-13
Pursuant to sections 91-3 and 92-41, Hawaii Revised Statutes (HRS), notice is hereby given that the State of Hawaii, Department of Health, Disability and Communication Access Board (DCAB), will hold a public hearing to receive testimony on the proposed amendments and compilation of existing rule, Chapter 11-216, Hawaii Administrative Rules (HAR), entitled “Disability and Communication Access Board Rules of Practice and Procedures” and repeal of existing rule, Chapter 11-217, HAR, entitled “Disability and Communication Access Board Rules of Practice and Procedures.”
The proposed amendments will include the following:
Definitions (Section 11-216-2, HAR)
1. Section 11-216-2 is revised to amend and transfer definitions, from Chapter 11-217, HAR, to consolidate the rules.
2. For example, the definition of “Accessible” is amended to be consistent with federal accessibility guidelines and standards.
3. For example, the definition of “Addition” is amended to be consistent with federal accessibility guidelines and standards.
4. For example, the definition of “Alteration” is amended to be consistent with federal accessibility guidelines and standards.
5. For example, the definition of “Applicant” is transferred from Chapter 11- 217, HAR to consolidate the rules.
6. For example, the definition of “Facility” is amended to be consistent with federal accessibility guidelines and standards.
7. For example, the definition of “Facility Access Unit” is transferred from Chapter 11-217, HAR to consolidate the rules.
8. For example, the definition of “Fair Housing Amendments Act Accessibility Guidelines” is amended to be consistent with Section 103-50, HRS.
9. For example, the definition of “Maximum extent feasible” is amended to be consistent with federal accessibility guidelines and standards.
10. For example, the definition of “Petitioner” is transferred from Chapter 11- 217, HAR to consolidate the rules.
11. For example, the definition of “Presiding Officer” is transferred from Chapter 11-217, HAR to consolidate the rules.
12. For example, the definition of “Primary function” is amended to be consistent with federal accessibility guidelines and standards.
13. For example, the definition of “Public buildings, facilities, and sites” is amended to be consistent with Section 103-50, HRS.
14. For example, the definition of “Structural impracticability” is amended to be consistent with federal accessibility guidelines and standards.
15. For example, the definition of “Technical infeasibility” is amended to be consistent with federal accessibility guidelines and standards.
Governing standards (Section 11-216-4.1)
1. Section 11-216-4.1 is transferred from Section 11-217-7 to consolidate the rules. This section clarifies that the Americans with Disabilities Act Accessibility Guidelines (ADAAG) and the Fair Housing Amendments Act Accessibility Guidelines (FHAAAG) are the standards governing all plans and specifications for the construction of public buildings, facilities, and sites. In addition, this section allows DCAB to amend the guidelines and establish guidelines for design specifications not covered by the ADAAG and FHAAAG.
Requirements for accessibility to public buildings, facilities, and sites – additions and alterations (Section 11-216-6)
1. Section 11-216-6 is revised to amend the section title to include reference to additions.
2. Section 11-216-6 is revised to amend the provision regarding application of accessibility requirements to additions and alterations to be consistent with federal accessibility guidelines and standards.
3. Section 11-216-6 is revised to clarify the provision regarding technical infeasibility to be consistent with federal accessibility guidelines and standards.
4. Section 11-216-6 is revised to clarify the provision regarding not imposing accessibility requirements to alterations that are greater than requirements for new construction to be consistent with federal accessibility guidelines and standards.
Obtaining necessary information (Section 11-216-7.1)
1. Section 11-216-7.1 is transferred from Section 11-217-4 to consolidate the rules. This section is necessary to clarify procedures to hold proceedings to obtain information helpful in its rules, regulations, design specifications, and interpretive opinions.
Public notices (Section 11-216-7.2)
1. Section 11-216-7.2 is transferred from Section 11-217-5 to consolidate the rules. This section is necessary to clarify the procedures for public notices.
Filing of documents (Section 11-216-15)
1. Section 11-216.15 is revised to clarify that a review fee must be submitted with the construction documents.
Review fees (Section 11-216-15.5)
1. Section 11-216-15.5 is added to restate the fee schedule established in Section 103-50, HRS.
2. Section 11-216-15.5 is added to clarify the estimated construction cost as the cost for all work covered under Section 103-50, HRS.
3. Section 11-216-15.5 is added to include a provision that requires the Facility Access Unit to reply in writing confirming receipt of the construction documents and review fee, appropriateness of the review fee, and acceptance of the construction documents for review.
4. Section 11-216-15.5 is added to include a provision that does not require an additional review fee upon resubmission of the construction documents, unless the resubmission requires substantial review for accessibility.
5. Section 11-216-15.5 is added to include a provision that does not allow the review fee to be returned after the fee has been processed by DCAB.
Procedures For Site Surveys For Architectural Barrier Removal (Subchapter 3)
1. Subchapter 3, 11-216 is repealed. These practices and procedures are no longer needed, because site surveys are not provided for architectural barrier removal projects.
Procedures For Projects Subject to Other Laws (Subchapter 4)
1. Subchapter 4, 11-216 is repealed. These practices and procedures are no longer needed, because construction documents are not reviewed for compliance with other laws.
Interpretive Opinions (Subchapter 5)
1. Subchapter 5, 11-216 is transferred from Subchapter 5, 11-217 to consolidate the rules. This subchapter is necessary to clarify practices and procedures for interpretive opinions that address the applicability of any provisions administered by DCAB, any rule, order, or design specification by DCAB, and vague accessibility guidelines.
Procedures For Site Specific Alternate Design (Subchapter 6)
1. Subchapter 6, 11-216 is transferred from Subchapter 2, 11-217 to consolidate the rules. This subchapter is necessary to clarify practices and procedures to request and approve alternate designs that provide equal or greater access compared to the ADAAG and FHAAAG.
Procedures To Establish Guidelines For Design Specifications (Subchapter 7)
1. Subchapter 7, 11-216 is transferred from Subchapter 3, 11-217 to consolidate the rules. This subchapter is necessary to clarify practices and procedures for DCAB to issue, amend, or repeal a guideline for a design specification which is not covered under the ADAAG and FHAAAG.
Petitions For Adoption, Amendment Or Repeal Of Design Specifications (Subchapter 8)
1. Subchapter 8, 11-216 is transferred from Subchapter 4, 11-217 to consolidate the rules. This subchapter is necessary to clarify practices and procedures for the public to file a petition requesting adoption, amendment or repeal of design specifications.
The proposed amendments will amend rules that govern the DCAB plan review under Section 103-50, HRS primarily to incorporate the changes in Act 277 that authorize DCAB to charge a review fee. The rules would provide practices and procedures to consistently implement the fees. In addition, the proposed amendments would repeal Chapter 11-217, HAR and transfer provisions from Chapter 11-217, HAR to Chapter 11-216, HAR. Transfer of provisions would consolidate the rules and eliminate redundancies in practices and procedures related to DCAB plan reviews. In addition, the proposed amendments would repeal procedures for site surveys for architectural barrier removal and procedures for projects subject to other laws. Repealing the procedures would remove rules that are no longer necessary. Moreover, the proposed amendments would harmonize practices and procedures with the accessibility guidelines adopted by the Board. Harmonization would provide rules that are more consistent with federal accessibility guidelines and standards.
The proposed amendments to Chapter 11-216 may also include housekeeping amendments to the rules and amendments, deletions, or additions suggested by oral or written testimony.
A public hearing for Chapter 11-216 and 11-217, HAR, will be held in accordance with the following schedule:
Date: August 29, 2013
Place: Disability and Communication Access Board
919 Ala Moana Boulevard, Conference Room 103
Honolulu, Hawaii 96814
Time: 11:00 a.m. – 12:00 p.m.
A copy of the proposed amendments is available for review at the address below, or can be mailed to any interested person who requests a copy from the Disability and Communication Access Board, or is available online at http://health.hawaii.gov/dcab/.
Disability and Communication Access Board
919 Ala Moana Boulevard
Room 101
Hours: 7:45 a.m. – 4:30 p.m.
Honolulu, Hawaii 96814
Phone: (808) 586-8121 (V/TTY)
Fax: (808) 586-8129
Toll-free from Neighbor Islands:
Hawaii – 974-4000 ext. 68121
Kauai – 274-3141 ext. 68121
Maui – 984-2400 ext. 68121
Molokai and Lanai – 1-800-468-4644 ext. 68121
Written testimony will be accepted until August 29, 2013 at the above address. Any person requiring a special accommodation (i.e., large print materials, sign language interpreter) is asked to call the Disability and Communication Access Board at least two weeks before the hearing.
PETER L. FRITZ
Chairperson
Disability and Communication Access Board
(SA541458 7/28/13)~
