Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 219 - PARKING FOR PERSONS WITH DISABILITIES › Section 11-219-4 - Definitions

Current through June, 2024
As used in this chapter, unless the context clearly indicates
				  otherwise:
"Access aisle" means an accessible route adjacent to a
				  paricing space designed for persons with disabilities that provides for
				  clearances appropriate for the loading and unloading of mobility devices and
				  qualified persons with disabilities from a vehicle parked in a parking space
				  designed for persons with disabilities.
"Advanced practice registered nurse" means a registered nurse
				  who has met the qualifications for advanced practice registered nurse set forth
				  in accordance with chapter
				  457,
				  HRS.
"Certificate of disability" means a medical statement on the
				  person with a disability parking application form signed by a licensed
				  practicing physician or an advanced practice registered nurse who certifies
				  that the person is a person with a disability as defined in this
				  section.
"Disability parking permit" means a removable windshield
				  placard, special license plates, temporary removable windshield placard, or
				  disabled paid parking exemption permit.
"Disabled paid parking exemption permit" means a permit to be
				  displayed on a dashboard or contained elsewhere on the vehicle, a code, or a
				  two-sided, hanger style placard that indicates that the individual to whom the
				  permit, code, or placard is issued pursuant to this chapter is licensed to
				  drive a motor vehicle and not able to reach or operate a parking meter or
				  unattended pay station because of a physical disability. Any placard issued
				  under section 291-6.25 shall include on each side:
(1) The International Symbol of Access, which is at least two
				  and one-half inches in height and is white on a green shield;
(2) An identification number;
(3) A date of expiration; and
(4) The words "State of Hawaii".
"Enforcement officer" means a police officer of the county, a
				  commissioned volunteer enforcement officer of the county law enforcement
				  agency, a state officer of a parking enforcement agency or a private security
				  agent.
"International Symbol of Access" means the symbol adopted by
				  the Rehabilitation International in 1969 at its Eleventh World Congress on
				  Rehabilitation of the Disabled.
"Invalid disability parking permit" means an expired or
				  voided removable windshield placard, temporary removable windshield placard,
				  special license plates, or disabled paid parking exemption permit.
"Issuing agency" means the disability and communication
				  access board.
"Licensed practicing physician" means a doctor of medicine,
				  naturopathy, osteopathy, or podiatry duly licensed and authorized to practice
				  in the State of
Hawaii in accordance with chapters
				  453,
				  455,
				  460, and
				  463E, HRS, or a commissioned medical
				  officer in the United States armed forces.
"Parking meter" means a device located in the vicinity of a
				  parking space for the purposes of extending parking privileges to persons for a
				  certain number of minutes or hours upon the payment of the required change by a
				  method allowed by the parking meter. The device shall record a certain number
				  of minutes or hours determining the period of time for which parking privileges
				  have been extended. The term "parking meter" shall include a multi-space
				  parking meter device located in the vicinity of the parking spaces it
				  regulates.
"Parking meter space" means any space that is within a
				  parking meter zone regulated by a parking meter, and which is duly designated
				  for the parking of a single vehicle by lines painted or otherwise durably
				  marked on the curb or on the surface of the street or public parking
				  area.
"Parking meter zone" means a street, portion of a street, or
				  other public parking area established by ordinance as a zone in which the
				  parking of vehicles upon such street or other public parking area shall be
				  regulated by parking meters.
"Parking space reserved for persons with disabilities" means
				  a public or private parking space, including the access aisle, designated for
				  the use of a person with a disability that is designed and constructed in
				  compliance with the requirements of the federal Americans with Disabilities Act
				  of 1990, as amended, and related rules and guidelines; and that is marked with
				  a sign designating the parking space as reserved for persons with
				  disabilities.
"Person with a disability" means a person with a disability
				  that limits or impairs the ability to walk, and who, as determined by a
				  licensed practicing physician, or an advanced practice registered nurse:
(1) Cannot walk two hundred feet without stopping to rest,
				  and who has been diagnosed with:
(A) An arthritic, neurological, orthopedic, renal, vascular,
				  or oncological condition;
(B) Lung disease to such an extent that the person's forced
				  (respiratory) expiratory volume for one second, when measured by spirometry, is
				  less than one liter, or the arterial oxygen tension is less than sixty mm/hg on
				  room air at rest; or
(C) A cardiac condition to the extent that the person's
				  functional limitations are classified in severity as Class III or Class IV
				  according to the standards set by the American Heart Association; and
(2) Because of a condition identified in paragraph
				  (1):
(A) Cannot walk two hundred feet under the person's own power
				  without stopping to rest;
(B) Cannot walk without the use of, or assistance from, a
				  brace, cane, crutch, another person, prosthetic device, wheelchair, or other
				  assistive device; or
(C) Uses portable oxygen.
"Person with a disability parking application" means a state
				  form provided by the issuing agency that contains the certificate of disability
				  and other necessary information required of all applicants for parking permits
				  under section 11-219-5.
"Placard" means the removable windshield placard, temporary
				  removable windshield placard or disabled paid parking exemption permit.
"Private entity" means a private owner or lessee of a parking
				  facility or site where invitation to the general public is expressed or
				  implied, except where a private entity is also a religious entity.
"Public entity" means the State or any of its
				  counties.
"Removable windshield placard" means a two-sided,
				  hanger-style placard issued to a person who has been certified with a
				  disability that is expected to last six years in accordance with section
				  291-51, HRS, and that
				  includes on each side:
(1) The International Symbol of Access, which is at least two
				  and one-half inches in height and is white on a blue shield;
(2) An identification number;
(3) A date of expiration; and
(4) The words "State of Hawaii".
"Sign designating the parking space as reserved for persons
				  with disabilities" means a sign that contains:
(1) The words, "Reserved Parking";
(2) The International Symbol of Access;
(3) Words indicating that the space is reserved for parking
				  by persons with disabilities who have a valid parking permit; and
(4) The maximum fine for parking illegally in the
				  space.
"Special license plates" means license plates issued to a
				  person whose disability is expected to last for at least six years as certified
				  by a licensed practicing physician or an advanced practice registered nurse.
				  The license plates shall display the International Symbol of Access in a color
				  that contrasts to the background, and in the same size as the letters and
				  numbers on the plates.
"Temporary removable windshield placard" means a two-sided,
				  hanger-style placard, issued to a person who has been certified with a
				  temporary disability up to a period of six months and includes on each
				  side:
(1) The International Symbol of Access, which is at least two
				  and one-half inches in height and is white on a red shield;
(2) An identification number;
(3) A date of expiration;
(4) The words "State of Hawaii"; and
(5) The word "TEMPORARY".
"Transaction fee" means those moneys collected by the
				  counties for issuance of all temporary and replacement placards.