ARCHITECTURAL BARRIER-FREE DESIGN COMMITTEE

57 Regional Drive - Suite 5

Concord, NH  03301-8518

Phone:  603/271-2773 V/TDD

Toll Free:  800/852-3405 V/TDD

Fax:  603/271-2837

 

CHAPTER Abfd 100  ORGANIZATIONAL RULES

 

Statutory Authority:  RSA 275-C:10-18

 

REVISION NOTE:

 

          Document #5720, eff 1-1-94, made extensive changes to the wording, format, and structure of the former Chapters Han 100-500.  Document #5720 supersedes all prior filings for the sections in the chapter formerly numbered Han 100-500.  The prior filings affecting rules in the former Chapters Han 100-500 include the following documents:

 

#2236, eff 1-1-83

#2998, eff 3-28-85

#5104, eff 3-27-91

 

PART Abfd 101  PURPOSE

 

            Abfd 101.01  Purpose.  These rules have been adopted by the committee on architectural barrier-free design for the purpose of implementing its responsibilities under RSA 275-C:10-C:18.

 

Source.  (See Revision Note at chapter heading for Abfd 100) #5720, eff 1-1-94, EXPIRED: 1-1-00

 

New.  #7211, INTERIM, eff 3-1-00, EXPIRED: 6-29-00

 

New.  #7367, eff 9-27-00; ss by #7473, eff 4-5-01

 

PART Abfd 102  DEFINITIONS

 

Abfd 102.01  "Architectural barriers" means "architectural barriers" as defined in RSA 275-C:10, I, namely, "physical attributes of  buildings and facilities which by their presence, absence, or design present unsafe conditions or deter access and free mobility for persons with disabilities in and around buildings and facilities".

 

Source.  (See Revision Note at chapter heading for Abfd 100) #5720, eff 1-1-94, EXPIRED: 1-1-00

 

New.  #7211, INTERIM, eff 3-1-00, EXPIRED: 6-29-00

 

New.  #7367, eff 9-27-00; ss by #7473, eff 4-5-01

 

Abfd 102.02  "Buildings and facilities" means "buildings and facilities" as defined in RSA 275-C:10, II, namely, "all buildings, facilities, appurtenant grounds and curbs which are used or to be used by the public


and the cost of the construction, rehabilitation, or substantial remodeling of which is to be paid for, in whole or in part, by federal, state, county or municipal funds".

 

Source.  (See Revision Note at chapter heading for Abfd 100) #5720, eff 1-1-94, EXPIRED: 1-1-00

 

New.  #7211, INTERIM, eff 3-1-00, EXPIRES: 6-29-00

 

New.  #7367, eff 9-27-00; ss by #7473, eff 4-5-01

 

Abfd 102.03  "Committee" means the committee on architectural barrier-free design established by RSA 275-C:11.

 

Source.  (See Revision Note at chapter heading for Abfd 100) #5720, eff 1-1-94, EXPIRED: 1-1-00

 

New.  #7211, INTERIM, eff 3-1-00, EXPIRED: 6-29-00

 

New.  #7367, eff 9-27-00; ss by #7473, eff 4-5-01

 

Abfd 102.04  “Disability” means a physical or mental impairment that substantially limits one or more of the major life activities of an individual, a record of such an impairment, or is regarded as having such an impairment, pursuant to RSA 275-C:10, III.”

 

Source.  (See Revision Note at chapter heading for Abfd 100) #5720, eff 1-1-94, EXPIRED: 1-1-00

 

New.  #7211, INTERIM, eff 3-1-00, EXPIRED: 6-29-00

 

New.  #7367, eff 9-27-00; ss by #7473, eff 4-5-01; ss by #12870, eff 9-20-19

 

PART Abfd 103  DESCRIPTION OF THE COMMITTEE AND COMMITTEE MEETINGS

 

          Abfd 103.01  Description of the Committee.

 

          (a)  The committee is established by RSA 275-C:11 as a permanent committee of the governor’s commission on disability.

 

          (b)  The committee membership:

 

(1)  Consists of up to 11 people, a majority of whom are persons with disabilities who have demonstrated an understanding of and commitment to architectural barrier-free design;

 

(2)  Is appointed by the chair of the governor’s commission on disability with the approval of the commission; and

 

(3)  Is selected in accordance with the membership requirements of RSA 275-C:11.

 

          (c)  Members who are appointed shall serve for a 2-year term and for no more than 2 consecutive 2-year terms.

 

          (d)  The committee has a chair whom it elects and who shall serve for a 2-year term and for no more than 2 consecutive 2-year terms.

 

          (e)  The committee is authorized by RSA 275-C:13 to use, for the discharge of its responsibilities and powers, the staff of the governor’s commission on disability and personnel of any other agency or department with the consent of the executive director of such agency or department.

 

Source.  (See Revision Note at chapter heading for Abfd 100) #5720, eff 1-1-94, EXPIRED: 1-1-00

 

New.  #7211, INTERIM, eff 3-1-00, EXPIRED: 6-29-00

 

New.  #7367, eff 9-27-00; ss by #7473, eff 4-5-01; ss by #12871, eff 9-20-19

 

          Abfd 103.02  Responsibilities and Powers of the Committee.

 

          (a)  The committee's primary responsibility is to establish, publish and enforce a code for barrier-free design which:

         

(1)  Covers buildings and facilities whose construction, rehabilitation, or substantial remodeling begins after a reasonable time following promulgation of the code;

 

(2)  Is at least as restrictive as the American National Standards Institute Specifications as modified; and

 

(3)  Is amended regularly to reflect technological advances, research evidence and the changing needs of persons with a disability.

 

          (b)  The powers of the committee include, among other powers, the power to:

 

(1)  Conduct studies, hold hearings, publish reports and recommend legislation to ensure that, through the elimination of architectural barriers, buildings and facilities are made accessible to and functional for persons with disabilities;

 

(2)  Receive and review complaints alleging violations of the code for barrier-free design;

 

(3)  Issue cease-and-desist orders enjoining further construction or use of buildings and facilities in instances of non-compliance with the code for barrier-free design; and

 

(4)  Grant waivers from specific requirements of the code for barrier-free design in accordance with RSA 275-C:15, IV and V.

 

Source.  (See Revision Note at chapter heading for Abfd 100) #5720, eff 1-1-94, EXPIRED: 1-1-00

 

New.  #7211, INTERIM, eff 3-1-00, EXPIRED: 6-29-00

 

New.  #7367, eff 9-27-00; ss by #7473, eff 4-5-01

 

          Abfd 103.03  Committee Meetings and Quorum.

 

          (a)  Pursuant to RSA 275-C:12 the committee shall meet not less than 6 times a year and at such additional times as the committee chair shall designate.

 

          (b)  A quorum shall consist of a simple majority of members appointed.

 

Source.  (See Revision Note at chapter heading for Abfd 100) #5720, eff 1-1-94, EXPIRED: 1-1-00

 

New.  #7211, INTERIM, eff 3-1-00, EXPIRED: 6-29-00

 

New.  #7367, eff 9-27-00; ss by #7473, eff 4-5-01; ss by #12871, eff 9-20-19

 

          Abfd 103.04  Attendance at Meetings By Members of the Public.  Pursuant to RSA 91-A:2, II, members of the public may attend and record committee meetings, except for those parts of the meetings which are nonpublic sessions as defined in RSA 91-A:3.

 

Source.  (See Revision Note at chapter heading for Abfd 100) #5720, eff 1-1-94, EXPIRED: 1-1-00

 

New.  #7211, INTERIM, eff 3-1-00, EXPIRED: 6-29-00

 

New.  #7367, eff 9-27-00; ss by #7473, eff 4-5-01

 

          Abfd 103.05  Notice of Meetings.

 

          (a)  Notice of the time and place of committee meetings, excluding emergency meetings, shall be given in accordance with RSA 91-A:2, II.

 

          (b)  Information about the time and place of committee meetings shall also be available by telephone at the numbers stated in Abfd 104.01(b) and by TTY as set forth in Abfd 104.01(c).

 

Source.  #7473, eff 4-5-01

 

          Abfd 103.06  Minutes of Committee Meetings.

 

          (a)  Minutes shall be kept of committee meetings and of official actions taken by the committee.

 

          (b)  Such minutes shall:

 

(1)  Record the members participating in each vote; and

 

(2)  Separately record the position of members who dissent, abstain or concur.

 

Source.  #7473, eff 4-5-01

 

PART Abfd 104  PUBLIC REQUESTS FOR INFORMATION

 

          Abfd 104.01  Office Location and Mailing Address, Telephone Number, Number for TTY Users,

Fax Number, Website, and Email Address.

 

          (a)  The committee’s office location and mailing address is:

 

Architectural Barrier Free Design Committee

c/o Governor’s Commission on Disability

121 South Fruit Street, Suite 101

Concord, New Hampshire 03301-8518

 

             (b)  The committee’s telephone number is (603) 271-2773.

 

          (c)  The committee’s toll-free telephone number is (800) 852-3405.

 

          (d)  The committee’s in-state TTY/Relay number may be accessed through Relay New Hampshire by calling 711.

 

          (e)  The committee’s website is www.nh.gov/disability.

 

          (f)  The committee’s general email is disability@gcd.nh.gov.

 

          (g)  The committee’s fax number is: 603-271-2837.

 

Source.  #7473, eff 4-5-01; ss by #12872, eff 9-20-19

 

             Abfd 104.02  Communication with the Committee.  Persons wishing to correspond with the committee may do so by using the contact information as outlined in Abfd 104.01.

 

Source.  #7473, eff 4-5-01; ss by #12872, eff 9-20-19

 

          Abfd 104.03  Public Access to Records.

 

          (a)  Pursuant to RSA 91-A:4 members of the public may inspect and copy those records of the committee, including meeting minutes, which are public records and not exempt from disclosure under RSA 91-A:5 or other applicable law.

 

          (b)  Public records shall be inspected and copied at the office of the committee at the location stated in Abfd 104.01(a) during regular business hours.

 

          (c)  Persons desiring copies of public records shall reasonably describe the information being sought and pay the actual cost of the copies.

 

          (d)  If records are requested which contain both public and confidential information, the committee shall delete the confidential information and provide the remaining information.

 

Source.  #7473, eff 4-5-01


CHAPTER Abfd 200  PRACTICE AND PROCEDURES

 

PART Abfd 201  DEFINITIONS

 

          Abfd 201.01  Definitions.

 

          (a)  “Appearance" means a written notification to the committee that a party, an intervenor or the representative of a party or intervenor intends to actively participate in a hearing.

 

          (b)  "Buildings and facilities" means "buildings and facilities" as defined in

RSA 275-C:10, II, namely, "all buildings, facilities, appurtenant grounds and curbs which are used or to be used by the public and the cost of the construction, rehabilitation, or substantial remodeling of which is to be paid for, in whole or in part, by federal, state, county or municipal funds."

 

          (c)  "Code for barrier-free design" means the code established, published and enforced by the committee pursuant to RSA 275-C:14, I.

 

          (d)  "Committee" means the committee on architectural barrier-free design

established by RSA 275-C:11.

 

          (e)  "Contested case" means "contested case" as defined in RSA 541-A:1, IV, namely, "a proceeding in which the legal rights, duties, or privileges of a party are required by law to be determined by an agency after notice and an opportunity for hearing."

 

          (f)  “Declaratory ruling" means "declaratory ruling" as defined in RSA 541-A:1, V, namely, "an agency ruling as to the specific applicability of any statutory provision or of any rule or order of the agency.”

 

          (g)  "Hearing" means "adjudicative proceeding" as defined by RSA 541-A:1, I, namely, "the procedure to be followed in contested cases, as set forth in RSA 541-A:31 through RSA 541-A:36.”

 

          (h)  "Intervenor" means a person without the status of a party but participating in a hearing to the extent permitted by the presiding officer acting pursuant to RSA 541-A:32.

 

          (i)  "Motion" means a request to the presiding officer for an order or ruling directing some act to be done in favor of the proponent of the motion, including a statement of justification or reasons for the request.

 

          (j) "Order" means "order" as defined in RSA 541-A:1, XI, namely, "the whole or part of an agency's final disposition of a matter, other than a rule, but does not include an agency's decision to initiate, postpone, investigate or process any matter, or to issue a complaint or citation."

 

          (k)  "Party" means "party" as defined by RSA 541-A:1, XII, namely, "each person or agency named or admitted as a party, or properly seeking and entitled as a right to be admitted as a party."

 

          (l)  "Person" means any individual, partnership, corporation, association, governmental subdivision or public or private organization of any character other than the committee.

 

          (m)  "Presiding officer" means presiding officer as defined in RSA 541-A:1, XIV, namely, "that individual to whom the agency has delegated the authority to preside over a proceeding, if any; otherwise it shall mean the head of the agency.”

 

          (n)  "Proof by a preponderance of the evidence" means a demonstration by admissible evidence that a fact or legal conclusion is more probable than not to be true.

 

          (o)  “Public comment hearing” means a hearing held pursuant to RSA 541-A:11.

 

          (p)  “Rulemaking petition” means a petition made pursuant to RSA 541-A:4, I.

 

Source.  (See Revision Note at chapter heading for Abfd 100) #5720, eff 1-1-94, EXPIRED: 1-1-00

 

New.  #7211, INTERIM, eff 3-1-00, EXPIRED: 6-29-00

 

New.  #7347, eff 8-19-00; ss by #7783, eff 10-26-02

 

PART Abfd 202  REQUESTS FOR INFORMAL TECHNICAL ADVICE AND ASSISTANCE

 

          Abfd 202.01  Informal Technical Advice and Assistance.

 

          (a)  The committee shall, through its staff, give informal technical advice and assistance in meeting the requirements of the code for barrier-free design and Abfd 300 when requested to do so by agencies, building owners, contractors, designers and others.

 

          (b)  Such informal technical advice and assistance shall be requested by mail, phone, e-mail or fax.

 

          (c)  Such informal technical advice and assistance shall not constitute architectural design advice.

 

Source.  (See Revision Note at chapter heading for Abfd 100) #5720, eff 1-1-94, EXPIRED: 1-1-00

 

New.  #7211, INTERIM, eff 3-1-00, EXPIRED: 6-29-00

 

New.  #7347, eff 8-19-00; ss by #7770, eff 10-2-02, EXPIRED: 10-2-10

 

New.  #10118, INTERIM, eff 4-20-12, EXPIRED: 10-17-12

 

New.  #10284-B, eff 3-5-13

 

PART Abfd 203  DISPUTE RESOLUTION

 

          Abfd 203.01  Principles of Dispute Resolution.  The committee shall resolve by agreement, decision after hearing or order of settlement all disputes about non-criminal matters within the scope of RSA 275-C:10-C:18 and the administrative rules implementing that statute.

 

Source.  (See Revision Note at chapter heading for Abfd 100) #5720, eff 1-1-94, EXPIRED: 1-1-00

 

New.  #7211, INTERIM, eff 3-1-00, EXPIRED: 6-29-00

 

New.  #7347, eff 8-19-00; ss by #7783, eff 10-26-02

 

          Abfd 203.02  Construction of Rules. Parts Abfd 204-Abfd 214 and Abfd 216 shall be construed to secure the just, accurate and efficient resolution of all disputes.

 

Source.  (See Revision Note at chapter heading for Abfd 100) #5720, eff 1-1-94, EXPIRED: 1-1-00

 

New.  #7211, INTERIM, eff 3-1-00, EXPIRED: 6-29-00

 

New.  #7347, eff 8-19-00; ss by #7783, eff 10-26-02

 

          Abfd 203.03  Right to A Hearing. Any person having a dispute with the committee shall be entitled to a hearing of the dispute if:

 

          (a)  The legal rights, duties or privileges of that person will be determined in the course of deciding the outcome of the dispute; and

 

          (b)  Constitutional, statutory or case law requires the committee to hold a hearing before determination of those rights, duties or privileges.

 

Source.  (See Revision Note at chapter heading for Abfd 100) #5720, eff 1-1-94, EXPIRED: 1-1-00

 

New.  #7211, INTERIM, eff 3-1-00, EXPIRED: 6-29-00

 

New.  #7347, eff 8-19-00; ss by #7783, eff 10-26-02

 

          Abfd 203.04  Forms of Dispute Resolution. Disputes between any person and the committee shall be resolved by:

 

          (a)  Agreement pursuant to Abfd 217.01;

 

          (b)  Formal settlement pursuant to Abfd 217.02; or

 

          (c)  Decision after hearing made pursuant to Abfd 212.08.

 

Source.  (See Revision Note at chapter heading for Abfd 100) #5720, eff 1-1-94, EXPIRED: 1-1-00

 

New.  #7211, INTERIM, eff 3-1-00, EXPIRED: 6-29-00

 

New.  #7347, eff 8-19-00; ss by #7783, eff 10-26-02

 

PART Abfd 204  CONDUCT OF HEARINGS BY PRESIDING OFFICER; ROLE OF COMMITTEE STAFF; WAIVER OF RULES

 

          Abfd 204.01  Presiding Officer.

 

          (a)  Hearings shall be conducted by a presiding officer designated by the committee.

 

          (b)  The presiding officer shall as necessary:

 

(1)  Regulate and control the course of the hearing;

 

(2)  Facilitate settlement of the dispute that is the subject of the hearing;

 

(3)  Administer oaths and affirmations;

 

(4)  Request that the committee issue subpoenas to compel the attendance of witnesses or the production of documents;

 

(5)  Receive relevant evidence at hearings and exclude irrelevant, immaterial or unduly repetitious evidence;

 

(6)  Rule on procedural requests at the request of a party or intervenor or on the presiding officer's own motion;

 

(7)  Question anyone who testifies to the extent required to make a full and fair record;

 

(8)  Cause a complete record of the hearing to be made, as specified in RSA 541-A:31, VII; and

 

(9)  Take any other action consistent with applicable statutes, rules and case law necessary to conduct the hearing and complete the record in a fair and timely manner.

 

Source.  #7783, eff 10-26-02

 

          Abfd 204.02  Withdrawal of Presiding Officer.

 

          (a)  Upon his or her own initiative or upon the motion of any party or intervenor, the presiding officer shall withdraw from any hearing for good cause.

 

          (b)  Good cause shall exist if the presiding officer:

 

(1)  Has a direct interest in the outcome of the hearing, including but not limited to, a financial or family relationship with any party or intervenor;

 

(2)  Has made statements or engaged in behavior which objectively demonstrates that he or she has prejudged the facts of the case; or

 

(3)  Personally believes that he or she cannot fairly judge the facts of the case.

 

          (c)  Mere knowledge of the issues or acquaintance with any party, intervenor or witness shall not constitute good cause for withdrawal.

 

Source.  #7783, eff 10-26-02

 

          Abfd 204.03  Role of Committee Staff in Hearings. Unless called as witnesses, committee staff shall have no role in any hearing.

 

Source.  #7783, eff 10-26-02

 

          Abfd 204.04  Waiver or Suspension of Rules by Presiding Officer. The presiding officer, upon the motion of any party or intervenor or on his or her own initiative, shall upon prior notice to affected persons suspend or waive any requirement or limitation imposed by this chapter when the suspension or waiver:

 

          (a)  Appears to be lawful; and

 

          (b)  Is more likely to promote the just, accurate and efficient resolution of the pending dispute than would adherence to a particular rule or procedure.

 

Source.  #7783, eff 10-26-02

 

PART Abfd 205  FILING, FORMAT AND DELIVERY OF DOCUMENTS

 

          Abfd 205.01  Date of Issuance or Filing.

 

          (a)  All written documents governed by this chapter shall be rebuttably presumed to have been issued on the date noted on the document.

 

          (b)  All written documents governed by this chapter shall be rebuttably presumed to have been filed with the committee on the date of receipt, as evidenced by a date stamp placed on the document by the committee or its staff in the normal course of business.

 

Source.  #7783, eff 10-26-02

 

          Abfd 205.02  Format of Documents.

 

          (a)  All correspondence, pleadings, motions or other documents filed shall:

 

(1)  Include the title and docket number of the case, if known;

 

(2)  Be typewritten or clearly printed on durable paper 8 1/2 by 11 inches in size;

 

(3)  Be signed by the proponent of the document, or, if the proponent appears by a representative, by the representative; and

 

(4)  Include a statement certifying that a copy of the document has been delivered to all parties and intervenors in compliance with Abfd 205.03.

 

          (b)  The signature of a party or intervenor or the representative of the party or the intervenor on a document filed with the committee shall constitute certification that:

 

(1)  The signer has read the document;

 

(2)  The signer is authorized to file it;

 

(3)  To the best of the signer's knowledge, information and belief there are good and sufficient grounds to support it; and

 

(4)  The document has not been filed for purposes of delay.

 

Source.  #7783, eff 10-26-02

 

          Abfd 205.03  Delivery of Documents.

 

          (a)  Copies of all petitions, motions, exhibits, memoranda, or other documents filed by any party or intervenor shall be delivered by that party or intervenor to all other parties and intervenors.

 

          (b)  All notices, orders, decisions or other documents issued by the presiding officer shall be delivered to all parties and intervenors.

 

          (c)  Delivery of documents relating to a proceeding shall be made by:

 

(1)  Personal delivery, except in the case of documents issued by the presiding officer; or

 

(2)  By depositing into the United States mail a copy of the document in an envelope bearing:

 

a.  The name of the person intended to receive the document;

 

b.  The full address, including zip code, last provided to the committee by such  person; and

 

c.  Prepaid first class postage and, in the case of documents issued by the presiding officer, prepaid certified mail with return receipt requested.

 

          (d)  When a party or intervenor appears by a representative, delivery of a document to the party's or intervenor’s representative at the address stated on the appearance filed by the representative shall constitute delivery to the party or intervenor.

 

Source.  #7783, eff 10-26-02

 

PART Abfd 206  TIME PERIODS

 

          Abfd 206.01  Computation of Time.

 

          (a)  Unless otherwise specified, the unit of time for time periods referenced in this chapter shall be calendar days.

 

          (b)  Computation of any period of time referred to in this chapter shall begin with the day after the action which sets the time period in motion, and shall include the last day of the period so computed.

 

          (c)  If the last day of the period so computed falls on a Saturday, Sunday or a legal holiday, then the time period shall be extended to include the first business day following the Saturday, Sunday or legal holiday.

 

Source.  #7783, eff 10-26-02

 

PART Abfd 207  MOTIONS

 

          Abfd 207.01  Motions; Objections.

 

          (a)  Motions shall be in written form and filed with the presiding officer, unless made in response to a matter asserted for the first time at a hearing or based on information that was not received in time to prepare a written motion.

 

          (b)  Oral motions and any oral objections to such motions shall be recorded in full in the record of the hearing. If the presiding officer finds that the motion requires additional information in order to be fully and fairly considered, the presiding officer shall direct the proponent to submit the motion in writing and provide supporting information.

 

          (c)  Objections to written motions shall be filed within 30 days of the date of the motion.

 

          (d) Failure by an opposing party or an intervenor to object to a motion shall not in and of itself constitute grounds for granting the motion.

 

          (e)  The presiding officer shall hold a hearing on any motion when necessary to obtain information or clarify issues relating to the motion

 

          (f)  The presiding officer shall rule upon a motion after full consideration of all objections and applicable law.

 

Source.  #7783, eff 10-26-02

 

PART Abfd 208  COMMENCEMENT OF THE HEARING; APPEARANCES; PRE-HEARING CONFERENCE; RECORDING THE HEARING

 

          Abfd 208.01  Commencement of The Hearing.

 

          (a)  A hearing shall be commenced by an order of the committee giving the parties the notice specified in paragraph (b).

 

          (b)  The hearing notice shall contain:

 

(1)  A statement of the time, place and nature of the hearing;

 

(2)  A statement of the legal authority under which the hearing is to be held;

 

(3)  A reference to the applicable statutes and rules;

 

(4)  A short and plain statement of the issues presented;

 

(5)  A statement that each party has the right to have representation by an attorney at the party’s own expense; and

 

(6)  The name of the presiding officer.

 

Source.  #7783, eff 10-26-02

 

          Abfd 208.02 Appearances and Representation.  A party or intervenor or the representative of the party or intervenor shall file an appearance that includes the following information:

 

          (a)  The docket number assigned by the committee or a brief identification of the case;

 

          (b)  A statement as to whether or not the representative is an attorney and if so, whether the attorney is licensed to practice in New Hampshire; and

 

          (c)  The daytime address and telephone number of the party, intervenor or representative.

 

Source.  #7783, eff 10-26-02

 

          Abfd 208.03 Prehearing Conference.

 

          (a)  A prehearing conference shall be scheduled on the request of any party or intervenor or on the initiative of the presiding officer if the presiding officer determines that to do so would facilitate the proceedings or encourage resolution of the dispute.

 

          (b)  A prehearing conference shall include one or more of the following:

 

(1)  Offers of settlement;

 

(2)  Simplification of the issues;

 

(3)  Stipulations or admissions as to issues of fact or proof;

 

(4)  Limitations on the number of witnesses;

 

(5)  Changes to standard hearing procedures;

 

(6)  Consolidation of examination of witnesses; and

 

(7)  Any other matters that advance the efficiency of the proceedings.

 

Source.  #7783, eff 10-26-02

 

          Abfd 208.04  Recording the Hearing.

 

          (a)  The presiding officer shall record the hearing by tape recording or other method that will provide a verbatim record.

 

          (b)  If any person requests a transcript of the taped record, the committee shall cause a transcript to be prepared and, upon receipt of payment for the cost of the transcription, shall provide copies of the transcript to the person making the request.

 

Source.  #7783, eff 10-26-02

 

PART Abfd 209  INTERVENTION

 

          Abfd 209.01  Intervention Procedure.

 

          (a)  A non-party may seek to intervene pursuant to RSA 541-A:32 by filing a motion stating facts demonstrating that his or her rights or other substantial interests might be affected by the proceeding or that he or she qualifies as an intervenor under any provision of law.

 

          (b)  If the presiding officer determines that such intervention would be in the interests of justice and would not impair the orderly and prompt conduct of the hearing, the motion for intervention shall be granted.

 

          (c)  Such approval of intervention by the presiding officer shall apply only to the proceeding in which the motion for intervention was granted.

 

Source.  #7783, eff 10-26-02

 

          Abfd 209.02  Rights of an Intervenor.  Notwithstanding the provisions of this chapter, an intervenor’s right to participate in the proceeding shall be subject to any limitations or conditions imposed by the presiding officer pursuant to RSA 541-A:32, III.

 

Source.  #7783, eff 10-26-02

 

PART Abfd 210  CONTINUANCES AND FAILURE TO ATTEND HEARING

 

Abfd 210.01  Continuances.

 

          (a)  Any party or intervenor may make an oral or written motion that a hearing be delayed or continued to a later date or time.

 

          (b)  A motion for a delay or a continuance shall be granted if the presiding officer determines that there is good cause to do so.

 

          (c)  Good cause shall include:

 

(1)  The unavailability of parties, intervenors, witnesses or attorneys necessary to conduct the hearing;

 

(2)  The likelihood that a settlement will make the hearing or its continuation unnecessary; and

 

(3)  Any other circumstances that demonstrate that a delay or continuance would assist in resolving the case fairly.

 

          (d)  If the later date, time and place are known when the hearing is being delayed or continued, the information shall be stated on the record. If the later date, time and place are not known at that time, the presiding officer shall as soon as practicable issue a written scheduling order stating the date, time and place of the delayed or continued hearing.

 

Source.  #7783, eff 10-26-02

 

          Abfd 210.02  Failure to Attend Hearing. If any party to whom notice has been given in accordance with Abfd 208.01 fails to attend the hearing, the presiding officer shall:

 

          (a)  Declare that party to be in default; and

 

          (b)  Dismiss the case if the party failing to appear has the overall burden of proof or hear the testimony and receive the evidence offered by the party attending if the attending party has the overall burden of proof.

 

Source.  #7783, eff 10-26-02

 

PART Abfd 211  REQUESTS FOR INFORMATION AND DOCUMENTS

 

          Abfd 211.01  Voluntary Production of Information.

 

          (a)  Each party and intervenor shall attempt in good faith to make complete and timely response to requests for the voluntary production of information and documents relevant to the hearing.

 

          (b)  When a dispute arises concerning a request for the voluntary production of information or documents, any party or intervenor may file a motion under Abfd 211.02 to compel the production of the requested information or documents.

 

Source.  #7783, eff 10-26-02

 

          Abfd 211.02  Motions to Compel Production of Information and Documents.

 

          (a)  Any party or intervenor may make a motion seeking an order for compliance with an information or document request. The motion shall be filed at least 30 days before the date scheduled for the hearing, or as soon as possible after receiving the notice of the hearing if such notice is issued less than 30 days in advance of the hearing.

 

          (b)  The motion to compel shall:

 

(1)  Set forth in detail those facts which justify the request for information or documents; and

 

(2)  List with specificity the information or documents being sought.

 

          (c)  The presiding officer shall grant the motion to compel if its proponent has demonstrated that an order for compliance is necessary for a full and fair presentation of evidence at the hearing.

 

Source.  #7783, eff 10-26-02

 

          Abfd 211.03  Mandatory Pre-Hearing Disclosure of Witnesses and Exhibits. At least 5 days before the hearing the parties and intervenors shall provide to the other parties and intervenors:

 

          (a)  A  list of all witnesses to be called at the hearing together with a brief summary of their testimony;

 

          (b)  A list of all documents and exhibits to be offered as evidence at the hearing;

 

          (c)  A copy of each document intended to be offered as evidence at the hearing; and

 

          (d)  An offer to inspect at times and places of convenience to the other parties and intervernors the non-documentary exhibits intended to be offered as evidence at the hearing.

 

Source.  #7783, eff 10-26-02

 

PART Abfd 212  RECORD, PROOF, EVIDENCE AND DECISIONS

 

          Abfd 212.01  Record.  The record of the hearing in a contested case shall be as set forth in RSA 541-A:31, VI.

 

Source.  #7783, eff 10-26-02

 

          Abfd 212.02  Standard and Burden of Proof.  The party or intervenor asserting a proposition shall bear the burden of proving the truth of the proposition by a preponderance of the evidence.

 

Source.  #7783, eff 10-26-02

 

          Abfd 212.03  Testimony; Order of Proceeding.

 

          (a)  Any individual offering testimony, evidence or arguments shall state for the record his or her name and role in the hearing. If the individual is representing another person, the person being represented shall also be identified.

 

          (b)  Testimony on behalf of the parties shall be offered in the following order:

 

(1)  The testimony of the party or parties bearing the overall burden of proof and such witnesses as such party or parties may call; and

 

(2)  Thereafter the testimony of the party or parties opposing the party who bears the overall burden of proof and such witnesses as such party or parties may call.

 

          (c)  The testimony of intervenors shall be offered at the time directed by the presiding officer.

 

Source.  #7783, eff 10-26-02

 

          Abfd 212.04  Evidence.

 

          (a)  Receipt of evidence shall be governed by the provisions of RSA 541-A:33.

 

          (b)  All documents, materials and objects offered as exhibits shall be admitted into evidence unless excluded by the presiding officer as irrelevant, immaterial, unduly repetitious or legally privileged.

 

          (c)  All objections to the admissibility of evidence shall be stated as early as possible in the hearing, but not later than the time when the evidence is offered.

 

          (d)  Transcripts of testimony as well as documents, materials and objects admitted into evidence shall be public records unless the presiding officer determines that all or part of them is exempt from disclosure under RSA 91-A:5 or applicable case law.

 

Source.  #7783, eff 10-26-02

 

          Abfd 212.05  Proposed Findings of Fact and Conclusions of Law.

 

          (a)  Any party or intervenor may submit proposed findings of fact and conclusions of law to the presiding officer before or at the hearing.

 

          (b)  The presiding officer shall require the submission of proposed findings of fact and conclusions of law and specify a date after the close of the hearing for their submission when:

 

(1)  Any party or intervenor has requested such action; or

 

(2)  The presiding officer determines that proposed findings of fact and conclusions of law would clarify the issues presented at the hearing.

 

          (c)  In any case where proposed findings of fact and conclusions of law are submitted, the decision shall include rulings on the proposals.

 

Source.  #7783, eff 10-26-02

 

          Abfd 212.06  Closing the Record.  After the conclusion of the hearing, the record shall be closed and no additional evidence shall be received into the record except as allowed by Abfd 212.07.

 

Source.  #7783, eff 10-26-02

 

          Abfd 212.07  Reopening the Record.

 

          (a)  If no written proposal for decision pursuant to Abfd 212.08(c) or final decision pursuant to Abfd 212.08(a) has been issued, any party or intervenor may move to reopen the record for the inclusion in the record of specified evidence.

 

          (b)  A motion pursuant to (a) above shall be granted if:

 

(1)  There is no objection from any other party or intervenor;

 

(2)  The evidence sought to be included in the record was not available at the time of the hearing; and

 

(3)  The presiding officer determines that evidence is relevant, material and non-duplicative and its inclusion in the record is necessary to a full and fair consideration of the issues to be decided.

 

          (c)  If there is an objection from a party or intervenor to a motion made pursuant to (a) above, the hearing shall be reopened for the purpose of receiving evidence, permitting cross-examination and permitting argument on the issue of reopening the record for the admission of the specified evidence.

 

          (d)  The presiding officer shall grant a motion made pursuant to (a) above if, after the reopened hearing described in (c) above, the hearing officer determines that the evidence:

 

(1)  Was not available at the time of the hearing;

 

(2)  Is relevant, material and non-duplicative; and

 

(3)  Is necessary to a full and fair consideration of the issues to be decided.

 

          (e)  If the presiding officer permits the reopening of the record for the admission of the specified evidence, the hearing officer shall extend the hearing reopened pursuant to (c) for the purpose of receiving evidence, permitting cross-examination and permitting argument on the substance of the evidence.

 

Source.  #7783, eff 10-26-02

 

          Abfd 212.08  Decision After Hearing.

 

          (a)  The committee shall make a final decision based on:

 

(1)  A hearing conducted by the committee;

 

(2)  A written proposal for decision meeting the requirements of paragraph (c); or

 

(3)  A hearing held pursuant to paragraph (d)(2 ).

 

          (b)  A committee member shall not participate in the committee's decision if he or she has not personally heard the testimony in the case, unless the matter's disposition does not depend on the credibility of any witness and the record provides a reasonable basis for evaluating the testimony.

 

          (c)  If a presiding officer has been delegated the authority to conduct the hearing in the absence of a majority of the members of the committee, the presiding officer shall submit to the committee a written proposal for decision containing:

 

(1)  The decision proposed by the presiding officer;

 

(2)  A statement of the reasons for the proposed decision; and

 

(3)  Findings of fact and rulings of law necessary to the proposed decision.

 

          (d)  If a proposal for decision submitted pursuant to paragraph (c) is adverse to a party or an intervenor, the committee shall:

 

(1)  Serve a copy of the proposal for decision on each party to the proceeding and on each intervenor; and

 

(2)  Provide an opportunity to file objections and present briefs and oral arguments to the committee.

 

          (e)  The committee shall keep a final decision on file in its records for at least 5 years following the date of the final decision or the date of the decision on any appeal, unless the director of the division of records management and archives of the department of state sets a different retention period pursuant to rules adopted under RSA 5:40.

 

          (f)  The committee shall entertain no requests for rehearing.

 

Source.  #7783, eff 10-26-02

 

PART Abfd 213  PROCESSING COMPLAINTS OF CODE VIOLATIONS; CEASE AND DESIST ORDERS

 

          Abfd 213.01  Processing and Reviewing Complaints of Code Violations.

 

          (a)  Pursuant to RSA 275-C:15, II the committee shall receive, process and review a complaint from any person, including committee staff, alleging a violation of the code for barrier-free design by an owner, owner's agent or lessee in possession who is proposing, undertaking or has completed the construction, rehabilitation or substantial remodeling of a building or facility.

 

          (b)  Oral complaints shall be confirmed in writing.

 

          (c)  The committee shall review and process a complaint by:

 

(1)  Determining whether the facts stated in the complaint described in (a) above would, if true, constitute a violation of the code for barrier-free design; and

 

(2)  Upon a determination that the facts stated in the complaint would, if true, constitute a violation of the code, either attempting to resolve the matter on its own or asking one of the persons identified in RSA 275-C:16 to attempt to resolve the matter through negotiation with  the owner, owner's agent or lessee-in-possession who is proposing, undertaking or has completed the building's or facility's construction, rehabilitation or substantial remodeling.

 

          (d)  If the committee has made the determination described in paragraph (c)(1) above and there has been no resolution of the matter, the committee shall commence a hearing for the purpose of making a decision on the matter.

 

          (e)  The committee shall:

 

(1)  Commence the hearing in the manner required by Abfd 208.01; and

 

(2)  Carry out the hearing in accordance with this chapter.

 

Source.  #7770, eff 10-2-02, EXPIRED: 10-2-10

 

New.  #10118, INTERIM, eff 4-20-12, EXPIRES: 10-17-12

 

New.  #10284-A, eff 3-5-13

 

          Abfd 213.02  Cease and Desist Orders.  If the committee's final decision after hearing is that there is a conflict between the code for barrier-free design and the proposed, ongoing or existing building's or facility's construction, rehabilitation or substantial remodeling, the committee shall, pursuant to RSA 275-C:15, III, issue a cease-and-desist order enjoining the building's or facility's owner, owner's agent or lessee-in-possession from further construction or use of the building or facility.

 

Source.  #7770, eff 10-2-02, EXPIRED: 10-2-10

 

New.  #10118, INTERIM, eff 4-20-12, EXPIRES: 10-17-12

 

New.  #10284-A, eff 3-5-13

 

PART Abfd 214  RULEMAKING

 

          Abfd 214.01  Petitions for Rulemaking.

 

          (a)  Any person may seek the adoption, amendment or repeal of a rule by submitting to the committee a petition pursuant to RSA 541-A:4.

 

          (b)  Each petition for rulemaking shall contain:

 

(1)  The name and address of the individual petitioner or, if the request is that of an organization or other entity, the identity of such organization or entity and the name and address of the representative authorized by the entity to file the petition;

 

(2)  A statement of the purpose of the petition, whether the adoption, amendment or repeal of a rule;

 

(3)  If amendment or adoption of a rule is sought, the text proposed;

 

(4)  If amendment or repeal of a rule is sought, identification of the current rule sought to be amended or repealed;

 

(5)  Reference to the statutory provision that authorizes or supports the rulemaking petition; and

 

(6)  Information or argument useful to the committee when deciding whether to begin the rulemaking process.

 

Source.  #7783, eff 10-26-02

 

          Abfd 214.02  Disposition of Petitions for Rulemaking.

 

          (a)  The committee shall request additional information or argument from petitioner for rulemaking or from others if such additional information or argument is required to reach a decision.

 

          (b)  The committee shall grant the petition for rulemaking if the adoption, amendment or repeal sought would not result in:

 

(1)  A rule that is not within the rulemaking authority of the committee;

 

(2)  Duplication of a rule or of a statutory provision;

 

(3)  Inconsistency between the existing rules and the statutory mandate of the committee;

 

(4)  Inconsistency of administrative rules one with another; or

 

(5)  Excessive burden upon the committee in terms of cost or a reduction in efficiency or effectiveness.

 

(c)  Within 30 days of receipt of a sufficient petition the committee shall dispose of it in the following manner:

 

(1)  By notifying the petitioner that the petition is granted and beginning rulemaking proceedings as required by RSA 541-A:4; or

 

(2)  By notifying the petitioner in writing that the petition is denied and the reasons for its denial.

 

          (d)  The denial of a petition for rulemaking shall not entitle the petitioner to a hearing.

 

Source.  #7783, eff 10-26-02

 

PART Abfd 215  PUBLIC COMMENT HEARINGS

 

          Abfd 215.01  Purpose.  The purpose of this part is to provide uniform procedures for the conduct of public comment hearings held pursuant to RSA 541-A:11.

 

Source.  #7783, eff 10-26-02

 

          Abfd  215.02  Public and Media Access.

 

          (a)  Public comment hearings shall be open to the public, and members of the public shall be entitled to testify, subject to the provisions of this part.

 

          (b)  Public comment hearings shall be open to print and electronic media, subject to the following limitations by the committee chair or the person designated by the committee to preside over the hearing, when such limitations are necessary to allow the hearing to go forward:

 

(1)  Limitation of the number of media representatives when their number together with the number of members of the public present exceeds the capacity of the hearing room;

 

(2)  Limitation on the placement of cameras to specific locations within the hearing room; or

 

(3)  Prohibition of interviews conducted within the hearing room before or during the hearing.

 

Source.  #7783, eff 10-26-02

 

          Abfd 215.03  Conduct of the Hearing.

 

          (a)  Public comment hearings shall be presided over by the committee chair or a committee member knowledgeable in the subject area of the proposed rules who has been designated by the committee to preside over the hearing.

 

          (b)  The person presiding over the hearing shall:

 

(1)  Call the hearing to order;

 

(2)  Identify the proposed rules that are the subject matter of the hearing, and provide copies of them upon request;

 

(3)  Cause a recording of the hearing to be made;

 

(4)  Establish limits pursuant to Abfd 215.05(b);

 

(5)  Recognize those who wish to be heard;

 

(6)  If necessary, refuse to recognize people for speaking, or revoke recognition of speakers, pursuant to Abfd 215.05(a);

 

(7)  If necessary to permit the hearing to go forward in an orderly manner, effect the removal of a person who speaks or acts in a manner that is personally abusive or otherwise disrupts the hearing;

 

(8)  If necessary, limit the activity of the media pursuant to Abfd 215.02(b);

 

(9)  If necessary, postpone or move the hearing; and

 

(10)  Adjourn or continue the hearing.

 

          (c)  The hearing shall be postponed in accordance with RSA 541-A:11, IV when:

 

(1)  The weather is so inclement that it is reasonable to conclude that people wishing to attend the hearing will be unable to do so;

 

(2)  The committee chair or person designated by the committee to preside over the hearing is ill or unavoidably absent; or

 

(3)  Postponement will facilitate greater participation by the public.

 

          (d)  The hearing shall be moved to another location in accordance with RSA 541-A:11, V when the original location is not able to accommodate the number of people who wish to attend the hearing.

 

          (e)  The hearing shall be continued past the scheduled time or to another date in accordance with RSA 541-A:11, III when:

 

(1)  The time available is not sufficient to give each person who wishes to speak a reasonable opportunity to do so; or

 

(2)  The capacity of the room in which the hearing is to be held does not accommodate the number of people who wish to attend the hearing and it is not possible to move the hearing to another location.

 

Source.  #7783, eff 10-26-02

 

          Abfd 215.04  Public Participation.

 

          (a)  People who wish to speak about the rules which are the subject matter of the hearing shall be asked to write on the speaker's list their full names and addresses and, if they represent other persons, the identity of the persons represented.

 

          (b)  People who wish to speak shall be asked to provide the information called for by paragraph (a) no later than before the last speaker on the list has finished speaking.

 

          (c)  People whose names appear on the speaker's list shall be afforded an opportunity to speak at the hearing within the limits on public participation provided in Abfd 215.05.

 

          (d)  Written comments, which may be submitted in lieu of or in addition to oral comments, shall be accepted for 10 days after the adjournment of the hearing, or after the adjournment of the postponed or continued hearing.

 

Source.  #7783, eff 10-26-02

 

          Abfd 215.05 Limitations on Public Participation.  The committee chair or the person designated by the committee to preside over the hearing shall:

 

          (a)  Refuse to recognize for speaking or revoke the recognition of any person who:

 

(1)  Speaks or acts in an abusive or disruptive manner; or

 

(2)  Refuses to keep comments relevant to the proposed rules that are the subject  matter of the hearing; and

 

          (b)  Limit presentations on behalf of the same organization or entity to no more than 3, provided that all those representing such organization or entity may enter their names and addresses into the record as supporting the position of the organization or entity.

 

Source.  #7783, eff 10-26-02

 

PART Abfd 216  DECLARATORY RULINGS

 

          Abfd  216.01  Requests for Declaratory Rulings by the Committee.

 

          (a)  Any person may request a declaratory ruling by the committee if that person is directly affected by RSA 275-C:10-C:18 or by any administrative rule of the committee.

 

          (b)  A request for a declaratory ruling shall be in a writing containing:

 

(1)  The name and address of the individual or entity making the request;

 

(2)  The text of the ruling being requested;

 

(3)  The reasons for the request; and

 

(4)  The following declaration signed by the individual making the request, the authorized representative of such individual, or the authorized representative of the entity making the request:

 

"I declare that I have examined the request for a declaratory ruling, including the accompanying documents, and state that, to the best of my knowledge and belief, the facts presented in support of the requested declaratory ruling are true, correct, and complete."

 

Source.  #7783, eff 10-26-02

 

          Abfd 216.02  Documents Required to Support Requests for Declaratory Rulings.

 

          (a)  A request for a declaratory ruling shall be accompanied by:

 

(1)  A statement citing the statutory law, regulatory law and orders believed to support the ruling being requested;

 

(2)  A statement of the facts believed to support the ruling being requested; and

 

(3)  Supplementary material necessary to establish or clarify the facts set forth in the statement of facts.

 

          (b)  A request for a declaratory ruling may be accompanied by additional material chosen by the person making the request.

 

Source.  #7783, eff 10-26-02

 

          Abfd 216.03  Processing Requests for Declaratory Rulings.

 

          (a)  Within 30 days of receiving a request for a declaratory ruling the committee shall advise the person requesting it if the ruling will be delayed by the need for additional information or the complexity of the issues presented.

 

          (b)  If additional information should be needed, the committee shall specify the additional information required and request that it be provided in a statement of additional information that includes the declaration specified in Abfd 215.01(b)(5), and is accompanied by any material necessary to establish or clarify the facts set forth in the statement.

 

Source.  #7783, eff 10-26-02

 

          Abfd 216.04  Issuance and Publication of Declaratory Rulings.

 

          (a)  When facts sufficient to support a declaratory ruling have been established, the committee shall issue a written declaratory ruling which applies all relevant law to the established facts.

 

          (b)  When the established facts show that the committee lacks subject matter or

personal jurisdiction to issue a declaratory ruling, the committee shall issue a written decision stating that it lacks jurisdiction to issue a declaratory ruling and identifying the lack of jurisdiction.

 

          (c)  Declaratory rulings shall be filed on the day of issuance with the director of legislative services in accordance with RSA 541-A:16, II(b)

 

Source.  #7783, eff 10-26-02

 

          Abfd 216.05  Effect of Declaratory Rulings.  A declaratory ruling shall apply only to the committee and to the person requesting it and shall be confined to the facts presented pursuant to Abfd 216.02(a)(2)-(a)(3) and in response to a request of the committee made pursuant to Abfd  216.03(b).

 

Source.  #7783, eff 10-26-02

 

PART Abfd 217  ALTERNATIVE DISPUTE RESOLUTION

 

          Abfd 217.01  Alternative Dispute Resolution by Agreement.

 

          (a)  Any person who has a dispute with the committee shall have the opportunity to attempt to reach a resolution of the dispute by agreement so long as a hearing of the dispute has not yet commenced in accordance with Abfd 208.01.

 

          (b)  An agreement resolving some or all of the issues comprising the dispute shall become effective when its terms have been reduced to a writing signed by the parties to the agreement.

 

          (c)  The signing of a document setting forth the terms of an agreement resolving some or all of the issues comprising a dispute shall constitute a waiver of the right to a hearing of the issues resolved by the agreement.

 

Source.  #7770, eff 10-2-02, EXPIRED: 10-2-10

 

New.  #10118, INTERIM, eff 4-20-12, EXPIRES: 10-17-12

 

New.  #10284-A, eff 3-5-13

 

          Abfd 217.02  Alternative Dispute Resolution by Formal Settlement.

 

          (a)  After commencement of a hearing in accordance with Abfd 208.01, any person who has a dispute with the committee shall have the opportunity to attempt to reach a resolution of the dispute by formal settlement.

 

          (b)  A formal settlement resolving some or all of the issues comprising the dispute shall become effective when its terms have been reduced to a writing signed by the parties to the agreement and the settlement has been ordered by the committee.

 

          (c)  The signing of a document setting forth the terms of a formal settlement resolving some or all of the issues comprising a dispute shall constitute a waiver of the right to a hearing of the issues resolved by the formal settlement.

 

Source.  #7770, eff 10-2-02, EXPIRED: 10-2-10

 

New.  #10118, INTERIM, eff 4-20-12, EXPIRES: 10-17-12

 

New.  #10284-A, eff 3-5-13

 

          Abfd 217.03  Process for Alternative Dispute Resolution.  The process for alternative dispute resolution shall be:

 

          (a)  Conversation between the chair of the committee and either the person who differs with the committee or that person's representative; or

 

          (b)  Any other process mutually satisfactory to the disputants.

 

Source.  #7770, eff 10-2-02, EXPIRED: 10-2-10

 

New.  #10118, INTERIM, eff 4-20-12, EXPIRES: 10-17-12

 

New.  #10284-A, eff 3-5-13

 

PART Abfd 218  EXPLANATION OF ADOPTED RULES

 

          Abfd 218.01  Requests for Explanation of Adopted Rules.  Any interested person may, within 30 days of the final adoption of a rule, request a written explanation of that rule by making a written request to the committee including:

 

          (a)  The name and address of the person making the request; or

 

          (b)  If the request is that of an organization or other entity, the name and address of such organization or entity and the name and address of the representative authorized by the organization or entity to make the request.

 

Source.  #7770, eff 10-2-02, EXPIRED: 10-2-10

 

New.  #10118, INTERIM, eff 4-20-12, EXPIRES: 10-17-12

 

New.  #10284-A, eff 3-5-13

 

          Abfd 218.02  Contents of Explanation.  The committee shall, within 90 days of receiving a request in accordance with Abfd 217.01, provide a written response which:

 

          (a)  Concisely states the meaning of the rule adopted;

 

          (b)  Concisely states the principal reasons for and against the adoption of the rule in its final form; and

 

          (c)  States, if the committee did so, why the committee overruled any arguments and considerations presented against the rule.

 

Source.  #7770, eff 10-2-02, EXPIRED: 10-2-10

 

New.  #10118, INTERIM, eff 4-20-12, EXPIRES: 10-17-12

 

New.  #10284-A, eff 3-5-13

 


CHAPTER Abfd 300  CODE FOR BARRIER-FREE DESIGN

 

PART Abfd 301  PURPOSE AND SCOPE

 

            Abfd 301.01  Purpose.  The purpose of this chapter is to ensure, through the elimination of architectural barriers, that publicly funded public buildings and facilities are accessible to, and functional for, persons with disabilities.

 

Source.  (See Revision Note at chapter heading for Abfd 100) #5720, eff 1-1-94, EXPIRED: 1-1-00

 

New.  #7211, INTERIM, eff 3-1-00, EXPIRED: 6-29-00

 

New.  #7347, eff 8-19-00; ss by #8011, eff 12-19-03, EXPIRED: 12-19-11

 

New.  #10118, INTERIM, eff 4-20-12, EXPIRED: 10-17-12

 

New.  #10248, eff 12-22-12; ss by #13674, eff 6-23-23

 

            Abfd 301.02  Scope.  Pursuant to RSA 275-C:10, II, this chapter shall apply to buildings, facilities, and their appurtenant grounds and curbs:

 

            (a)  Which are used or to be used by the public; and

 

            (b)  The cost of the construction, rehabilitation, or substantial remodeling of which is to be paid for, in whole or in part, by federal, state, county, or municipal funds.

 

Source.  #7347, eff 8-19-00; ss by #8011, eff 12-19-03, EXPIRED: 12-19-11

 

New.  #10248, eff 12-22-12; ss by #13674, eff 6-23-23

 

PART Abfd 302  DEFINITIONS

 

            Abfd 302.01  “Access aisle” means a space:

 

            (a)  Designated for maneuvering a wheelchair or other mobility device when entering or exiting a vehicle; and

 

            (b)  Immediately adjacent to a properly designated parking space for persons with a walking disability.

 

Source.  (See Revision Note at chapter heading for Abfd 100) #5720, eff 1-1-94, EXPIRED: 1-1-00

 

New.  #7211, INTERIM, eff 3-1-00, EXPIRED: 6-29-00

 

New.  #7347, eff 8-19-00; ss by #8011, eff 12-19-03; ss by #9234, eff 8-23-08; ss by #10248, eff 12-22-12; ss by #13674, eff 6-23-23

 

            Abfd 302.02  “2010  ADA Standards for Accessible Design” means the standards which the Department of Justice published in the Federal Register on September 15, 2010. These standards set minimum requirements, both scoping and technical, for newly designed and constructed or altered facilities to be readily accessible and usable by individuals with disabilities.

 

Source.  (See Revision Note at chapter heading for Abfd 100) #5720, eff 1-1-94, EXPIRED: 1-1-00

 

New.  #7211, INTERIM, eff 3-1-00, EXPIRED: 6-29-00

 

New.  #7347, eff 8-19-00; ss by #8011, eff 12-19-03; ss by #9234, eff 8-23-08; ss by #10248, eff 12-22-12; ss by #13674, eff 6-23-23

 

PART Abfd 303  CODE FOR BARRIER-FREE DESIGN

 

            Abfd 303.01  Code for Publicly Funded Public Buildings and Facilities.

 

            (a)  The construction, rehabilitation, or substantial remodeling of buildings and facilities, as defined in RSA 275-C:10, II, shall comply with the provisions set forth in the 2010 ADA Standards for Accessible Design as clarified or modified by Abfd 303.02.

 

            (b)  Unless specified otherwise in the written standards of 2010 ADA Standards for Accessible Design, the illustrative figures appearing in conjunction with the written standards shall not be part of the code established by (a) above.

 

Source.  #8011, eff 12-19-03; ss by #9235, eff 8-23-08; ss by #10248, eff 12-22-12; ss by #13674, eff 6-23-23

 

            Abfd 303.02  Clarifications and Modifications.

 

            (a)  Clarifications of, and modifications to 2010 ADA Standards for Accessible Design as set forth in (b)(1), (b)(2), and (b)(3) below shall apply to political subdivisions of the state only if they are fully funded by the state or the legislative bodies of the political subdivisions approve them for funding by a vote.

 

            (b)  Clarifications of, and modifications to, 2010 ADA Standards for Accessible Design shall be as follows:

 

(1)  Replacement of 2010 ADA Standards for Accessible Design, Section 502.2, Vehicle Spaces, with the following text: "Car and van parking spaces shall be 96 inches (2440 mm) minimum in width.";

 

(2)  Replacement of 2010 ADA Standards for Accessible Design, 502.3.1 Width, with the following text:

 

a.  "Access aisles serving car parking spaces shall be 60 inches (1525 mm) minimum in width."; and

 

b.  "Access aisles serving van parking spaces shall be 96 inches (2440 mm) minimum in width."; and

 

(3)  The clarification to 2010 ADA Standards for Accessible Design, 502.3.3, Marking, by inserting the following text:

 

a.  "Except as provided in b. below, access aisles shall be designated by vertical 'No Parking' signs:

 

1.  Located at the front of the access aisle; and

 

2.  Mounted with the bottom of the sign 60 inches (1525 mm) minimum above the ground surface of the access aisle."; and

 

b.  "Access aisles shall not be required to be designated by vertical 'No Parking' signs when:

 

1.  The placement of a sign would obstruct the accessible route to the accessible building entrance;

 

2.  There is a non-removable physical obstacle preventing the placement of a sign;

 

3.  The placement of a sign would be in front of a window wall; or

 

4.  The placement of a sign would violate a provision of 2010 ADA Standards for Accessible Design."

 

Source.  #9235, eff 8-23-08; ss by #10248, eff 12-22-12; ss by #13674, eff 6-23-23

 


APPENDIX

 

Rule

Specific State Statute the Rule Implements

Abfd 101 and 102

RSA 541-A:7

Abfd 102.04

RSA 275-C:10, III

Abfd 103.01

RSA 275-C:11; RSA 275-C:12

Abfd 103.02(a)

RSA 541-A:14, I

Abfd 103.02(b)

RSA 275-C:15

Abfd 103.03

RSA 275-C:12

Abfd 103.04

RSA 91-A:2, II and RSA 91-A:3

Abfd 103.05 and 103.06

RSA 91-A:2, II

Abfd 104.01 and Abfd 104.02

RSA 541-A:16, I(a); RSA 275-C:14, II

Abfd 104.03

RSA 91-A:4 and RSA 275-C:14, II

 

 

Abfd 201.01

RSA 541-A:7

Abfd 202

RSA 541-A:16, I(b)

Abfd 203.01

RSA 541-A:31, I and V; RSA 541-A:38

Abfd 203.02

RSA 541-A:7

Abfd 203.03

RSA 541-A:31, I; RSA 541-A:1, IV

Abfd 203.04

RSA 541-A:31, I; RSA 541-A:38

Abfd 204.01

RSA 541-A:16, I(b)(2)

Abfd 204.02

RSA 541-A:30-a, III(k)

Abfd 204.03

RSA 541-A:30-a, III(g)

Abfd 204.04

RSA 541-A:30-a, III(j)

Abfd 205

RSA 541-A:30-a, III(a)

Abfd 206

RSA 541-A:30-a, III(f)

Abfd 207

RSA 541-A:16, I(b)(2)

Abfd 208.01

RSA 541-A:31, III

Abfd 208.02

RSA 541-A:30-a, III(b)

Abfd 208.03

RSA 541-A:31, V(b) & (c)

Abfd 208.04

RSA 541-A:31, VII

Abfd 209

RSA 541-A:32; RSA 541-A:16, I (b)(2)

Abfd 210.01

RSA 541-A:30-a, III (h)

Abfd 210.02

RSA 541-A:16, I (b)(2)

Abfd 211

RSA 541-A:30-a, III(c)

Abfd 212.01

RSA 541-A:31, VI

Abfd 212.02

RSA 541-A:30-a, III(d) & (e)

Abfd 212.03

RSA 541-A:16, I(b)(2)

Abfd 212.04

RSA 541-A:33; RSA 541-A:16, I(b)(2)

Abfd 212.05

RSA 541-A:35

Abfd 212.06-212.07

RSA 541-A:16, I(b)(2)

Abfd 212.08(a)-(e)

RSA 541-A:35; RSA 541-A:16, I(b)(2)

Abfd 212.08(e)

RSA 541-A:30-a, III(l)

Abfd 212.08(f)

RSA 541-A:16, I(b)(2)

Abfd 213

RSA 275 C: 15

Abfd 214

RSA 541-A:16, I(c)

Abfd 215

RSA 541-A:16, I(b)(3)

Abfd 216

RSA 541-A:16, I(d)

Abfd 217

RSA 275 C:15

Abfd 218

RSA 275 C:15

 

 

Abfd 301

RSA 275-C:14

Abfd 302

RSA 541-A:7

Abfd 303

RSA 275-C:14, I and II

 

 

Appendix B

 

Incorporated by Reference Material

 

2010 ADA Standards for Accessible Design

 

The materials are available to the public at no cost by downloading http://www.ada.gov/2010ADAstandards_index.htm.  The U.S. Department of Justice provides free ADA materials.  Printed materials may be ordered by calling the ADA Information Line (1-800-514-0301 (Voice) or 1-800-514-0383 (TDD)).  Automated service is available 24-hours a day for recorded information and to order publications. Publications are available in standard print as well as large print, audiotape, Braille, and computer disk for people with disabilities.