2015 Delaware Code
Title 29 - State Government
CHAPTER 73. ARCHITECTURAL ACCESSIBILITY ACT
§ 7304 Architectural Accessibility Board — Created; composition; terms; vacancies; compensation.

(a) There is hereby created an Architectural Accessibility Board which is an agency of the State for carrying out the purpose of this chapter. The Board, for administrative purposes, shall be within the Office of Management and Budget.

(b) The Board shall be composed of 9 voting members who shall be responsible for carrying out the duties of the Board, and ex officio members, who shall serve in an advisory capacity.

(c) The voting members of the Board shall be:

(1) One architect registered in the State;

(2) One registered professional engineer in the field of structural engineering;

(3) One general contractor with experience in commercial construction;

(4) One attorney licensed in the State;

(5) Four persons with disabilities, at least 1 of whom shall use a wheelchair;

(6) One member of the general public who is a parent, guardian or representative of a person with a disability or persons with disabilities, or who provides services to persons with disabilities or who has a demonstrated involvement in programs for persons with disabilities.

Provided, nothing herein shall be construed to prevent or disfavor a person with a disability from serving in any of the positions described in paragraphs (c)(1) through (4) of this section. It is the intent of paragraphs (c)(5) and (6) of this section to provide for representatives of various types of disabilities and those persons with disabilities who cannot effectively represent themselves on the Board.

(d) The following persons, or persons designated by 1 of the following, shall be ex officio, or nonvoting members of the Board:

(1) Secretary of the Department of Health and Social Services;

(2) Secretary of the Department of Labor;

(3) Secretary of the Department of Transportation;

(4) Director of the Office of Management and Budget;

(5) Secretary of the Department of Education;

(6) Director of the Office of Management, Budget and Planning;

(7) Chairperson of the Governor's Commission of Employment of the Handicapped;

(8) Chairperson of the Developmental Disabilities Planning Council;

(9) Chairperson of the Human Relations Commission;

(10) Chief building inspectors of each of the counties of the State and of the City of Wilmington, or in the event that no such position exists, then a person designated by the governing body of the jurisdiction;

provided, nothing herein shall limit the persons from whom the Board may seek advice in the exercise of its duties.

(e) Voting members of the Board shall be appointed by the Governor for terms of 4 years, except that the terms of those initially appointed shall be as follows:

(1) The general contractor and 1 specified person with a disability shall be appointed for a term of 1 year;

(2) The professional engineer and 1 specified person with a disability shall be appointed for a term of 2 years;

(3) The architect and 1 specified person with a disability shall be appointed for a term of 3 years;

(4) The attorney and 1 specified person with a disability shall be appointed for a term of 4 years.

(f) The Chairperson shall be appointed by the Governor from among the voting members of the Board.

(g) Any vacancy among the voting members of the Board shall be filled by the Governor for the balance of the unexpired term. The missing of either 3 consecutive meetings or of any 4 out of any 12 consecutive meetings shall constitute an executed resignation from the Board by a voting member. The Governor has the authority to remove a voting member of the Board for good cause.

(h) Voting members of the Board shall receive a compensation of $25 per day when they are engaged in their duties as members of the Board. The members shall be reimbursed for their actual travel and other necessary expenses incurred in carrying out their duties.

62 Del. Laws, c. 174, § 1; 71 Del. Laws, c. 378, § 114; 75 Del. Laws, c. 88, § 16(5); 78 Del. Laws, c. 179, §§ 305-309.;