§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 board may approve a site specific
alternate 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 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. [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]