Department of Health
Disability and Communication Access Board
One of DCAB’s primary services is to review and provide recommendations on all State and County plans and specifications for buildings, facilities, and sites, as required under Hawaii Law HRS §103-50, in order to ensure that they are designed and constructed to be accessible to persons with disabilities.
Hawaii Revised Statutes (HRS) - HRS §103-50 link
What projects must be submitted to DCAB for review?
In the 2015 legislative session, the Legislature passed Act 45 which amends the definition of 'public buildings, facilities, and sites' as:
"Public buildings, facilities, and sites" means buildings, facilities, sites, and the infrastructure thereof 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;
3) Are places of public accommodation or commercial facilities under the Americans with Disabilities Act, title 28 Code of Federal Regulations part 36, and are constructed on state or county lands; or
4) Are constructed on lands that will be transferred to the State or a county upon completion of construction.
Item #3 above includes structures that are privately owned and/or are constructed with the use of only private funds on lands owned by the State or a county.
http://archive.constantcontact.com/fs131/1101723799957/archive/1121229803510.html
U.S. Access Board, Chapter 2: Alterations and Additions
Disproportionality (20%) - The accessible path of travel is required to the extent that it is not “disproportionate” to the total cost. Regulations implementing the standards define “disproportionate” as exceeding 20% of the total cost of alterations to the primary function area. The 20% cap applies only to costs associated with the accessible path of travel, including an accessible route to the primary function area from site arrival points, entrances, and retrofits to restrooms, telephones, and drinking fountains.
Prioritization - Compliance is required up to the point the 20% cost cap is reached, even where it does not result in a fully accessible path of travel. Where costs exceed this cap, compliance should be prioritized in this order:
an accessible entrance
an accessible route to the primary function area
restroom access
an accessible telephone
an accessible drinking fountain
access to other elements such as parking and storage
How is “technical infeasibility” determined in an alteration? - Determining “technical infeasibility” requires a site-specific assessment of constraints or complications in relation to the planned scope of work. The term, as defined in the standards (§106), is intended to encompass design, site, engineering or other constraints that prohibit compliance. Examples include work that would impact a facility’s structural frame or that would conflict with applicable codes or building requirements.