HB 1571-FN-LOCAL – AS INTRODUCED
2008 SESSION
10/09
HOUSE BILL 1571-FN-LOCAL
AN ACT relative to inspection of construction or alteration of publicly accessible buildings for compliance with accessibility standards, and making an appropriation therefor.
SPONSORS: Rep. T. Russell, Rock 13; Rep. Hawkins, Hills 18; Rep. J. Day, Rock 13; Rep. Miller, Straf 7; Sen. Fuller Clark, Dist 24
This bill requires publicly accessible buildings to meet accessibility standards in the Americans with Disability Act Accessibility Guidelines for Buildings and Facilities, and establishes a procedure for the inspection and enforcement of accessibility standards by authorized persons. The bill also makes an appropriation to the designated protection and advocacy system.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
08-2207
10/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT relative to inspection of construction or alteration of publicly accessible buildings for compliance with accessibility standards, and making an appropriation therefor.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 State Building Code; Accessibility Standards. Amend RSA 155-A:2, II to read as follows:
II.(a) Standards, including definitions, established by the most recent edition of the Life Safety Code, NFPA Doc. No. 101, shall take precedence over all standards in the state building code relative to means of egress.
(b) Standards for the design, construction, and alteration of publicly accessible buildings and structures shall be governed by the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (ADAAG) and supplements, and shall take precedence over all such standards in the state building code, pursuant to RSA 155-A:5.
2 State Building Code; Accessibility. RSA 155-A:5 is repealed and reenacted to read as follows:
155-A:5 Accessibility.
I. The accessibility standards for the design, construction, or alteration of all publicly accessible buildings, building components, and structures shall be governed by the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (ADAAG) and supplements. The state building code review board may adopt rules, pursuant to RSA 541-A, relative to the application of this section and the coordination with the state building code, to the extent the board deems it necessary for the implementation of the requirements of this section.
II. In addition to other enforcement authority granted in this chapter, the protection and advocacy system for New Hampshire, as designated by the governor pursuant to 42 U.S.C. sections 15002 and 15043, shall have enforcement authority with respect to the accessibility standards required by this section. If the protection and advocacy system determines in good faith that cause exists that a building or structure violates the accessibility requirements of paragraph I, it shall issue a letter to the owner of the non-compliant building or structure requesting that the owner bring the building or structure into compliance. The owner shall have 30 days to respond to the letter and 180 days to bring the building or structure into compliance. If the owner does not respond or does not agree to bring the building or structure into compliance within the specified time periods and a dispute remains as to compliance, the protection and advocacy system may file an action in superior court in which the building or structure is located against the owner to determine compliance with this section. If it is determined that the building or structure is not in compliance, the court shall order that the owner bring the building or structure into compliance. If the protection and advocacy system prevails in such action, it shall be awarded court costs and reasonable attorneys’ fees from the owner. For purposes of this section, “prevailing” is defined to include a judgment by the court, a consent decree, or instances where the owner agrees to make or makes some or all of the requested changes after the filing date of the action.
III. All buildings and structures governed by this section shall meet the accessibility standards required by paragraph I. Upon the completion of the construction or alteration of the building or structure, the owner of the building or structure shall be responsible for acquiring a certification from the local enforcement authority, the architect of record, or a third-party inspector certified by the state fire marshal, that the building or structure meets the accessibility standards required by this section, provided that such enforcement authority, architect, or inspector has met the requirements for and passed an examination as an accessibility inspector/plans examiner, as determined in rules adopted by the state building code review board pursuant to RSA 541-A.
3 New Section; State Fire Marshal; Third-Party Inspectors. Amend RSA 153 by inserting after section 8-a the following new section:
153:8-b Certification of Third-Party Building Inspectors; Penalty.
I. The state fire marshal shall establish a certification program for certifying individuals engaged in the business of inspecting publicly accessible buildings or structures for compliance with accessibility standards required by RSA 155-A:5.
II. The commissioner of the department of safety shall adopt rules, pursuant to RSA 541-A, relative to the establishment of minimum education, experience, and training standards, and relative to complaint reporting, investigation and suspension or revocation of certification for third-party inspectors, and shall establish fees for certification under this section. Individuals applying for certification under this section shall show proof of meeting the requirements and passing the examination determined by the state building code review board under RSA 155-A:5, III. Fees received shall be deposited in the fire standards and training and emergency medical services fund, established in RSA 21-P:12-d.
III. The state fire marshal shall maintain and make available a list of certified third-party inspectors.
IV. Whoever falsely claims to be certified under this section through advertising, signage, or verbal representation shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person.
4 Appropriation. The sum of $50,000 for the fiscal year ending June 30, 2009, and $100,000 for the fiscal year ending June 30, 2010, is hereby appropriated to the protection and advocacy system for New Hampshire, as designated by the governor pursuant to 42 U.S.C. sections 15002 and 15043. The sums appropriated shall be expended for start-up costs and development of capacity to carry out the functions of the protection and advocacy system required by RSA 155-A:5 as amended by section 2 of this act. The governor is authorized to draw a warrant for said sums out of any money in the treasury not otherwise appropriated.
5 Effective Date. This act shall take effect January 1, 2009.
LBAO
08-2207
12/12/07
HB 1571-FN-LOCAL - FISCAL NOTE
AN ACT relative to inspection of construction or alteration of publicly accessible buildings for compliance with accessibility standards, and making an appropriation therefor.
FISCAL IMPACT:
The Department of Safety states this bill will increase state general fund expenditures by $50,000 in FY 2009 and $100,000 in FY 2010 and increase state restricted expenditures by an indeterminable amount in FY 2009 and each fiscal year thereafter. There will be no fiscal impact on state, county and local revenues or county and local expenditures.
This bill appropriates from the state general fund $50,000 in FY 2009 and $100,000 in FY 2010 to the protection and advocacy system for New Hampshire.
METHODOLOGY:
The Department of Safety states this bill appropriates $50,000 in FY 2009 and $100,000 in FY 2010 of general funds to the protection and advocacy system for New Hampshire, as designated by the governor pursuant to 42 U.S.C. sections 15002 and 15043. These appropriations are for start-up costs and development of capacity to carry out the functions of the protection and advocacy system required by RSA 155-A:5, regarding state building code accessibility. The appropriation language in the bill is not appropriated to a state agency.
The Department of Safety, Division of Fire Safety states this bill also requires the Division to certify inspectors in Americans with Disabilities Act (ADA) building standards. To implement this new requirement, the Division will first need to train their staff on ADA building standards, set up a database for managing the certifications and set up the examinations required for the certifications. The Division states they cannot estimate the increase to state restricted expenditures (fire standards and training and emergency medical services fund) or estimate the number of additional persons that will be needed to be certified. There are no new positions established in this bill. The Division states that the increase in state restricted expenditures is indeterminable.