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New Hampshire Law Enhances Access for Disabled

[Source: Citizen of Laconia | August 10, 2009]

A new law will strengthen existing state and federal accessibility laws for people with disabilities.

The bill — House Bill 530 — recently signed by Gov. John Lynch, will ensure that all new public building construction, addition or alteration projects begun on or after July 1, 2010, comply with the accessibility standards of the state building code.

The state building code has included mandatory accessibility standards for almost 20 years, however there has been a lack of enforcement and compliance.

"Many of these buildings remain inaccessible to individuals with disabilities because of a lack of compliance with accessibility requirements," State Rep., Trinka Russell, D-Stratham, the bill's prime sponsor, said.

"Accessibility laws are ignored daily not just in New Hampshire, but across the country," James Fox, an attorney with the Disabilities Rights Center in Concord, said.

Carol Pierce, co-chair of the Laconia Human Relations Committee, though unfamiliar with all the details of the revised law, applauded the effort of state legislators to enforce accessibility requirements.

"I think that anything that strengthens disability law helps us all because at one time or another in our lives we will all find it harder to take a step or two," Pierce said. "I'm certainly glad the it (HB 530) passed."

The Laconia Human Relations Committee was formed in 2001 to welcome refugees and immigrants to the city and to assist them with questions and concerns.

The Human Relations Committee also advocates for people with disabilities.

Fox said that the Americans' with Disabilities Act, passed in 1990 has required that any building modification that is readily achievable to make it accessible needs to be done.

Fox said many people are not aware or changes they need to make or of all the accessibility requirements, so it's not much a willful disregarding of the law as it is ignorance.

"The idea behind this law (HB530) was to do something on the state level enforce existing state and federal accessibility standards," Fox said. "A lot of towns don't have building inspectors or if they do, they do not focus on ADA requirements they only look at safety issues."

Fox said current state accessibility standards include requiring all public buildings have doors that are at least 32 inches wide, and, if a building needs a ramp, the ramp can only be at a certain grade, one that isn't too steep.

The revised law requires builders and contractors to obtain certification from a qualified inspector that both the building design plans as well as the finished product meet the accessibility standards of the state building code.

Fox said "qualified inspectors" include all currently incensed architects, professional engineers, certified building officials and master code officials.

As accessibility standards are already contained in the state building code, these inspectors and officials do not need additional certification or training, Fox added.

Other municipal officials or people in the private sector can become qualified after passing the International Code Council's exam.

All qualified inspectors must then take two hours of relevant continuing education every three years.

"This certification requirement is a very worthwhile investment because it helps ensure, up front, that buildings are designed and constructed in accordance with accessibility standards — saving owners from having to make higher-cost changes after complexation," Russell said.

The second part of the revised law provides new judicial remedy to correct noncompliance.

First, a noncompliant public building owner has nine months to come into compliance. If they still haven't made required changes, the law authorizes the Disabilities Rights Center or a disabled individual to get a superior court order which requires the public building owner to correct deficiencies.

If the case goes to court and building owner loses, he or she must pay attorneys' fees and costs as well as a civil penalty that goes into the state's general fund.

Richard Cohen, executive director the Disabilities Rights Center, said court actions will be rare, because of the law's inspection and certification requirements.

Fox said that having a qualified inspector look over building plans before a project begins is beneficial to the building owner, because changes to the plan can made quickly and for less than money than it would cost to rebuild or retrofit as building.

"It's a win-win for everyone," Fox said.

Original Release

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