SB2057

Report Title:

Public Schools; Temporary Facilities; Accessibility; Exemptions

 

Description:

Exempts temporary public school facilities, such as trailers and portable classrooms, from state or county laws that exceed federal ADA requirements, contingent upon the availability of other accessible facilities on a school campus. Exempts these facilities from hurricane protection requirements.

 

THE SENATE	S.B. NO.	2057
TWENTY-FIRST LEGISLATURE, 2002
STATE OF HAWAII

A BILL FOR AN ACT

 

relating to temporary public school facilities.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to part VI, subpart A, to be appropriately designated and to read as follows:

"§302A-    Temporary public school facilities; accessibility; hurricanes; exemptions; waiver. Notwithstanding section 103-50 and any other law to the contrary, all public school facilities that are designed to be temporary in nature, including trailers, portable classrooms, and other temporary structures, which are used for classrooms, storage of educational and other materials, or other education-related purposes, shall be exempt from the following:

(1) Any state or county law that requires public facilities to exceed the requirements of the Americans with Disabilities Act of 1990, 42 U.S.C. §12101, et seq., as amended, and that Act's Accessibility Guidelines, 36 C.F.R. part 1191, requiring those facilities to be accessible to and usable by persons with disabilities, including any accessibility guidelines or rules adopted and amended by the disability and communication access board under chapter 348F; provided that:

(A) No such temporary facility on a public school campus shall be exempt under this paragraph unless there exist one or more other temporary or permanent facilities on that same public school campus that comply with the Americans with Disabilities Act and that Act's Accessibility Guidelines, and that serve the same purpose as the temporary facilities that do not comply with that Act and the Act's Accessibility Guidelines; and

(B) The State waives all applicable Americans with Disabilities Act requirements that the State and county governments are permitted to waive, to the extent permitted by federal law; and

(2) All applicable state and county building requirements designed to protect structures in the event of a hurricane, as that term is defined in section 431P-1."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________