An Act To
Maine Legislature, Session 125, LD 1531
Committee Amendment CA_A_S214 (Senate)

COMMITTEE AMENDMENT" A " to S.P. 488, L.D. 1531, Bill, "An Act To 
Amend the Maine Human Rights Act Regarding Accessible Building Standards" 
Amend the bill in section 8 in §4594-G by striking out all of subsection 3 (page 16, 
lines 15 to 28 in L.D.) and inserting the following: 
'3. Unlawful discrimination. In addition to failure to meet applicable accessible 
building requirements in subchapter 4, for purposes of this Act, unlawful discrimination 
includes, but is not limited to, the failure to meet the standards of construction for new 
construction or alterations subject to this section.' 
Amend the bill in section 8 in §4594-G in subsection 4 in the 2nd line (page 16, line 
in L.D.) by striking out the following: "$50,000" and inserting the following: '$75,000' 
Amend the bill in section 8 in §4594-G by striking out all of subsection 9 (page 18, 
lines 5 to 13 in L.D.) and inserting the following: 
'9. Waivers; variance. Builders of facilities governed by subsection 6 may file a 
petition with the State Fire Marshal requesting a waiver or variance of the standards of 
construction. If a representative of the Office of the State Fire Marshal determines, in 
cases covered by mandatory plan review pursuant to subsection 6, that compliance with 
this section and its rules is structurally impracticable, the State Fire Marshal may provide 
for modification of, or substitution for, these standards. In all petitions for variance or 
waiver, the burden of proof is on the party requesting the variance or waiver to justify 
allowing the variance or waiver.' 
Amend the bill by inserting after section 8 the followil}g: 
'Sec. 9. Review and legislation. After reviewing the standards established in that 
section of this Act that enacts the Maine Revised Statutes, Title 5, section 4594-G, and 
comparing the standards with those applicable under federal law beginning March 15, 
2012, the Joint Standing Committee on Judiciary may report out a bill to the Second 
Regular Session of the 125th Legislature implementing recommended changes in the 
standards. ' 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to S.P. 488, L.D. 1531 
SUMMARY 
This amendment makes 4 changes to the bill. 
First, this amendment deletes the additional accessibility standards that would apply 
for alterations subject to the new standards when the alterations to an existing building 
exceed $100,000. 
Second, this amendment adjusts the threshold of construction or alterations that 
trigger barrier-free certification from $50,000 to $75,000. The $50,000 threshold was 
established in 1995, and raising the threshold to $75,000 roughly approximates the effect 
of inflation. 
Third, this. amendment applies the waiver for structural impracticability to all 
facilities that require mandatory plan review and certification that standards are met, 
rather than limiting the waiver to private entities as provided in the bill. 
Fourth, this amendment authorizes the Joint Standing Committee on Judiciary to 
introduce a bill in the Second Regular Session of the 125th Legislature to implement any 
recorrunendations after a review of the new standards and a comparison with the federal 
standards that take effect March 15,2012. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: OS/24111 
frac:.. 
LD 1531 
LR 2051(02) 
An Act To Amend the Maine Human Rights Act Regarding Accessible Building Standards 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment "A" 5 .. 21* 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Additional costs to the Department of Public Safety associated with this legislation can be absorbed with existing staff 
and within existing budgeted resources. 
LR2051(02) - Fiscal Note - Page I of 1