ARCHITECTURAL
BARRIER-FREE DESIGN COMMITTEE
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
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
(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
Abfd
213.01 Processing and Reviewing
(a)
Pursuant to RSA 275-
(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-
(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)
(2)
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
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)
(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
(a)
(b)
(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 |
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
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