Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 1 - GENERAL PROVISIONS › Section 11-216-2 - Definitions

Current through June, 2024
As used in this chapter, unless the context requires
					 otherwise:
"Accessible" means a site, building, facility, or portion
					 thereof that complies with the accessibility guidelines;
"Accessible route" means a continuous unobstructed path
					 connecting all accessible elements and spaces of a building or facility.
					 Interior accessible routes may include corridors, floors, ramps, elevators,
					 lifts, and clear floor space at fixtures. Exterior accessible routes may
					 include parking access aisles, curb ramps, crosswalks at vehicular ways, walks,
					 ramps, and lifts;
"ADAAG" means the Americans with Disabilities Act
					 Accessibility Guidelines, Title 36 Code of Federal Regulations Part 1191, as
					 amended;
"Addition" means an expansion, extension, or increase in
					 the gross floor area or height of a building or facility;
"Alteration" means a change to a building or facility that
					 affects or could affect the usability of the building or facility or portion
					 thereof. Alterations include, but are not limited to, remodeling, renovation,
					 rehabilitation, reconstruction, historic restoration, resurfacing of
					 circulation paths or vehicular ways, changes or rearrangement of the structural
					 parts or elements, and changes or rearrangement in the plan configuration of
					 walls and full-height partitions. Normal maintenance, reroofing, painting or
					 wallpapering, or changes to mechanical and electrical systems are not
					 alterations unless they affect the usability of the building or
					 facility;
"Applicant" means the person, agency, or officer for whom
					 the interpretive opinion and site specific alternate design proceeding is
					 instituted.
"Barrier removal" means the removal, rearrangement,
					 restructuring, alteration, or addition, of any element or space of a building
					 or facility to make it usable by persons with disabilities;
"Building" means any structure used and intended for
					 supporting or sheltering any use or occupancy;
"Board" means the disability and communication access
					 board;
"Circulation path" means an exterior or interior way of
					 passage provided for pedestrian travel, including, but not limited to, walks,
					 hallways, courtyards, elevators, platform lifts, ramps, stairways, and
					 landings;
"Construction" means all the on-site and off-site work done
					 to build, add, alter, or maintain structures, from land clearance through
					 completion, including excavation, erection, utilities, streets, walkways, and
					 the assembly and installation of components and equipment;
"Construction document" means plan, specifications,
					 addenda, modifications or changes, and other documents for the construction of
					 a building or facility including preliminary, prefinal, and final versions of
					 these documents;
"Covered multifamily dwellings" means buildings consisting
					 of four or more dwelling units if such buildings have one or more elevators,
					 and ground floor dwelling units in other buildings consisting of four or more
					 dwelling units. Dwelling units within a single structure separated by firewalls
					 do not constitute separate buildings;
"Document review" means a review of the construction
					 documents to verify compliance with the accessibility guidelines and issuance
					 of a written report listing items that do not conform to the accessibility
					 guidelines;
"Element" means an architectural or mechanical component of
					 a building, facility, space, or site;
"Facility" means all or any portion of buildings,
					 structures, site improvements, elements, and pedestrian routes or vehicular
					 ways located on a site;
"Facility access unit" means staff of the disability and
					 communication access board.
"Fair Housing Amendments Act Accessibility Guidelines"
					 means federal design guidelines used to implement the accessibility
					 requirements of the Fair Housing Act of 1988, Title 24 Code of Federal
					 Regulations Part 100, Subpart D;
"Interpretive opinion" means a determination as to the
					 applicability or non-applicability with respect to a factual situation of any
					 guideline of the disability and communication access board or of a statute
					 which the disability and communication access board is required to administer
					 or enforce, as determined by the disability and communication access board
					 pursuant to section
					 103-50,
					 HRS;
"Maximum extent feasible" means the occasional case where
					 the nature of an existing facility makes it virtually impossible to comply
					 fully with applicable accessibility guidelines through a planned alteration. In
					 these circumstances, the alteration shall provide the maximum physical
					 accessibility feasible;
"Party" means each person admitted as a participant, or
					 properly seeking and entitled to be admitted as a participant in any committee
					 proceeding;
"Person*" means an individual, a private or public
					 organization of any character, a trust or estate, a society or firm, an
					 assembly, a partnership, a corporation, a professional corporation, an
					 association, the State, any political subdivision of the State, a county, a
					 State agency or any instrumentality of a county;
"Petitioner" means a party making or on whose behalf a
					 petition or application is made for an interpretive opinion, site specific
					 alternate design review, or design specification proceeding.
"Presiding Officer" means the person conducting an
					 interpretive opinion, site specific alternate design review, or guideline
					 proceeding who may be the chairperson of the board or the chairperson's
					 representative.
"Primary function" means a major activity for which the
					 facility is intended. Areas that contain a primary function include, but are
					 not limited to, the dining area of a cafeteria, the meeting rooms in a
					 conference center, as well as offices and other work areas in which the
					 activities of the public entity using the facility are carried out. Mechanical
					 rooms, boiler rooms, supply storage rooms, employee lounges or locker rooms,
					 janitorial closets, entrances, and corridors are not areas containing a primary
					 function. Restrooms are not areas containing a primary function unless the
					 provision of restrooms is a primary purpose of the area, e.g., in highway rest
					 stops. For the purposes of this section, alterations to windows, hardware,
					 controls, electrical outlets, and signage shall not be deemed to be alterations
					 that affect the usability of or access to an area containing a primary
					 function;
"Public buildings, facilities, and sites" means buildings,
					 facilities, sites, and the infrastructure thereof that:
(1) Are designed, constructed, purchased, or leased with
					 the use of any federal, state, or county funds;
(2) House state or county programs, services, or activities
					 that are intended to be accessed by the general public; or
(3) Are places of public accommodation or commercial
					 facilities under the Americans with Disabilities Act, Title 28 Code of Federal
					 Regulations Part 36, and are constructed on state or county lands;
(4) Are constructed on lands that will be transferred to
					 the State or a county upon completion of construction.
"Public use" means interior or exterior rooms, spaces, or
					 elements that are made available to the public. Public use may be provided at a
					 building or facility that is privately or publicly owned;
"Repair and maintenance" means preventative and routine
					 upkeep, and/or preservation or restoration of an existing element, space,
					 building, or facility. Normal maintenance, reroofing, painting or wallpapering,
					 asbestos removal, or changes to mechanical and electrical systems are not
					 alterations unless they affect the usability of the building or
					 facility;
"Resubmittal" means plans, specifications, addenda,
					 modifications or changes, and other documentation submitted as a reply to the
					 original document review;
"Site" means a parcel of land bounded by a property line or
					 a designated portion of a public right-of-way;
"Site specific alternate design" means a relief from
					 specific requirements of section
					 103-50,
					 HRS, as determined by the disability and communication access board pursuant to
					 section
					 103-50,
					 HRS, when the site specific alternate design will ensure an alternate design
					 that provides equal or greater access for persons with disabilities;
"Space" means a definable area, such as a room, toilet
					 room, hall, assembly area, entrance, storage room, alcove, courtyard, or
					 lobby;
"Structural impracticability" means those rare
					 circumstances when the unique characteristics of terrain prevent the
					 incorporation of accessibility features;
"Technical infeasibility" means with respect to an
					 alteration of a building or a facility, something that has little likelihood of
					 being accomplished because existing structural conditions would require
					 removing or altering a load-bearing member that is an essential part of the
					 structural frame; or because other existing physical or site constraints
					 prohibit modification or addition of elements, spaces, or features that are in
					 full and strict compliance with the minimum requirements.