§103-50  Building design to considerneeds of persons with disabilities.  (a)  Notwithstanding any other law tothe contrary, all plans and specifications for the construction of publicbuildings, facilities, and sites shall be prepared so that the buildings,facilities, and sites are accessible to and usable by persons withdisabilities.  The buildings, facilities, and sites shall conform to theAmericans with Disabilities Act Accessibility Guidelines, Title 36 Code ofFederal Regulations Part 1191, and the requirements of the Federal Fair HousingAmendments Act of 1988, as established in Title 24 Code of Federal RegulationsPart 100, Subpart D, as adopted and amended by the disability and communicationaccess board under chapter 348F.

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

(c)  The disability and communication accessboard 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 effectuatethe purposes of this section, except that the board, without regard to chapter91, instead, may adopt federal amendments to the Americans with DisabilitiesAct Accessibility Guidelines, Title 36 Code of Federal Regulations Part 1191.

(d)  The board may approve a site specificalternate design when an alternate design provides equal or greater access.

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

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

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

(3)  Are constructed on state or county lands or landsthat will be transferred to the State or a county. [L 1965, c 3, §2; Supp, §9-57;HRS §103-50; am L 1969, c 260, §1; am L 1989, c 382, §2; am L 1993, c 308, §2;am L 1996, c 163, §2; am L 1999, c 282, §3; am L 2002, c 42, §1]