2017 Delaware Code
Title 29 - State Government
CHAPTER 73. ARCHITECTURAL ACCESSIBILITY ACT
§ 7306. Architectural Accessibility Board — Duties and powers.

(a) In addition to the other duties expressly conferred by this chapter, the Board shall have the following duties and responsibilities:

(1) Promulgate rules and regulations which shall contain standards for the design and construction of facilities covered by this chapter to assure that such facilities covered by this chapter are safely accessible to and usable by persons with disabilities. Such standards shall be adopted by a majority vote of the Board following public hearings and shall take into account the requirements and standards recommended by the American National Standards Institute (ANSI) and the Building Officials and Code Administrators (BOCA) and any amendments thereto, and standards and requirements set out in applicable guidelines of the federal government; provided, that until such time as the regulations containing standards as required by this paragraph are formally adopted by the Board, the standards contained in § 6917(a)-(n) [repealed] of this title shall remain in force and effect and shall be applied by the Board;

(2) Promulgate rules and regulations for the granting of waivers from the requirements of this chapter and the Board's standards. Such rules and regulations shall be adopted by a majority vote of the Board after public hearings and may provide for conditional or temporary waivers where appropriate, and shall take into account such factors as the availability of acceptable alternatives to the Board's standards, and whether or not compliance with the standards will produce extreme economic hardship without substantial benefit to persons with disabilities;

(3) Publish the standards and regulations adopted pursuant to paragraphs (a)(1) and (2) of this section and make copies available to architects, engineers, contractors, state and local building inspectors and public works officials and other interested persons and groups;

(4) Review all submissions to the Board pursuant to the requirements of § 7308 of this title to determine if the requirements of this chapter and the standards of the Board are met and, upon a determination that the pertinent requirements are met, issue a letter of approval for such construction;

(5) Monitor compliance with pertinent standards during construction of a facility for which a letter of approval has been issued;

(6) Upon written application setting forth good and sufficient reason therefor, grant written waivers from this chapter and the standards of the Board, pursuant to § 7309 of this title;

(7) Receive and act upon complaints concerning alleged noncompliance with this chapter and the standards of the Board;

(8) Conduct a polling place accessibility assessment upon referral from a department of election in implementation of § 4512 of Title 15;

(9) Survey existing facilities which have been constructed, leased or financed by the State prior to July 13, 1979, and recommend to the Director of the Office of Management and Budget steps to eliminate existing architectural barriers;

(10) Formulate educational and training courses to assist in the accomplishment of the purpose of this chapter;

(11) Make studies and collect and retain data relative to the purpose of this chapter;

(12) Provide for public awareness of architectural accessibility and of the requirements relative thereto.

(b) For the effectuation of the purposes of this chapter, the Board, in addition to such other powers expressly granted to it by this chapter, shall have the following powers:

(1) To make and promulgate rules and regulations, not inconsistent with this chapter, that are necessary and proper for the administration and operation of the Board and for the conduct of the business of the Board;

(2) To appoint, in conjunction with the Director of the Office of Management and Budget, a Chief Administrator, who shall serve as the Chief Executive Officer for the Board and who shall supervise such clerical and other staff as may be provided by the Director of the Office of Management and Budget;

(3) To hold hearings, inspect construction or to provide for inspection by the Chief Administrator, by other staff of the Office of Management and Budget as may be made available by the Director, or by purchase of services, request information and perform other acts which are necessary and proper for effectuating the purpose of this chapter.

62 Del. Laws, c. 174, § 1; 75 Del. Laws, c. 88, § 16(5); 77 Del. Laws, c. 446, § 3; 78 Del. Laws, c. 179, § 310.;