29 DE Code § 7306. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 73. Architectural Accessibility Act|§ 7306. Architectural Accessibility Board — Duties and powers.

§ 7306. Architectural Accessibility Board — Duties and powers. (a) In addition to the other duties expressly conferred by this chapter, the Board has the following duties and responsibilities:  (1) Through the approval of a majority of the voting Board members following a public hearing, promulgate rules and regulations which establishing standards for the design and construction of facilities covered by this chapter to assure that individuals with disabilities can safely access and use the facilities. The standards must take into account the requirements and standards that are either of the following:  a. Recommended or amended by the American National Standards Institute (ANSI) and the Building Officials and Code Administrators (BOCA). b. Required under applicable federal law. (2) Through the approval of a majority of the voting Board members following a public hearing, promulgate rules and regulations for the granting of waivers from the requirements of this chapter and the Board's standards. The rules and regulations may provide for conditional or temporary waivers where appropriate, and must take into account such factors as the availability of acceptable alternatives to the Board's standards and whether compliance with the standards will produce extreme economic hardship without substantial benefit to individuals with disabilities. (3) Publish the standards and regulations adopted under paragraphs (a)(1) and (2) of this section and make copies available to architects, engineers, contractors, state and local building inspectors, public works officials, and other interested persons and groups. (4) Review all submissions to the Board under § 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) Grant a waiver under § 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 the Department of Elections under § 4512 of Title 15. (9) Survey existing facilities which the State has constructed, leased, or financed before 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 related to architectural accessibility. (b) To achieve the purposes of this chapter and in addition to other responsibilities and duties under this chapter, the Board has the following powers:  (1) To make and promulgate rules and regulations, consistent with this chapter, that are necessary and proper for the Board's administration and operation, and for the conduct of the Board's business. (2) In conjunction with the Director of the Office of Management and Budget, to appoint a Chief Administrator, who serves as the Board's Chief Executive Officer and supervises clerical and other staff as the Director of the Office of Management and Budget may provide. (3) To hold hearings; inspect construction; provide for inspection by the Chief Administrator, other staff of the Office of Management and Budget as the Director may make available, or through 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;  82 Del. Laws, c. 138, § 3;