ACCESS E-BULLETIN
Disability and Communication Access Board
State of Hawaii
 
Edition #15                                                                               February 2009
In This Issue
New Interpretive Opinions
Proposed ADA Regulations Withdrawn from OMB Review
FAQ - ADAAG: 9 Accessible Transient Lodging
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Disability and Communication Access Board
919 Ala Moana Boulevard, Room 101
Honolulu, Hawaii 96814
Oahu:
(808) 586-8121 (Voice/TTY)  (808) 586-8129 (FAX)
E-mail: dcab@doh.hawaii.gov
Web site: www.hawaii.gov/health/dcab    
Call toll free from:
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974-4000, ext. 6-8121# (Voice)
Kauai: 274-3141, ext. 6-8121# (Voice)
Maui:  984-2400, ext. 6-8121# (Voice)
Molokai & Lanai: 
1(800) 468-4644,
ext. 6-8121# (Voice)
New Interpretive Opinions
 
In November the Standing Committee on Facility Access issued three Interpretive Opinions, which apply to buildings and facilities subject to HRS §103-50:
 
Regarding ADAAG Section 4.21 Shower Stalls:
DCAB 2008-07:  The shower configuration in ADAAG Fig. 57(b) provides equivalent facilitation to showers specified in ADAAG 4.21.2 and can be used in non-transient lodging applications.
[Interpretive Opinion DCAB 2008-07, effective 11/19/08]
 
Regarding RHAG Section 3.2.2 Residential:
DCAB 2008-08: RHAG 13.2.2(1) and 13.2.2(2) requires all State and local government assisted and assisted rental projects to provide 5% or at least one accessible dwelling unit, whichever is greater. Where projects contain less than 15 dwelling units, the requirements of RHAG 13.2.2(1) and 13.2.2(2) may be applied to the total number of residential dwelling units that are constructed under a single contract, or are developed as a whole, whether or not located on a common site.
[Interpretive Opinion DCAB 2008-08, effective 11/19/08]
 
Regarding ADAAG Section 4.6.5 Vertical Clearances:
DCAB 2008-09: The van accessible stall shall comply with ADAAG 4.6.5.
[Interpretive Opinion DCAB 2008-09, effective 11/19/08]
 
To view or print a complete summary of each interpretive opinion go to DCAB's web site:  http://hawaii.gov/health/dcab/interpretiveops/

Proposed ADA Regulations Withdrawn from OMB Review
 
On January 21, 2009, the Department of Justice notified the Office of Management and Budget (OMB) that the Department has withdrawn its draft final rules to amend the Department's regulations implementing title II and title III from the OMB review process.  Withdrawal of the draft final rules does not affect existing ADA regulations. Title II and title III entities must continue to follow the Department's existing ADA regulations, including the ADA Standards for Accessible Design.
 
For more information go to the DOJ's website: http://www.ada.gov/ADAregswithdraw09.htm
FAQ - ADAAG
 
9 Accessible Transient Lodging
 
Q: In hotels, are the required rooms with roll-in showers to be provided in addition to those rooms that are required to be otherwise accessible?
 
A: Yes. ADAAG 9.1.2 specifies that, in hotels with 50 or more sleeping rooms or suites, additional accessible sleeping rooms with a roll-in shower shall be provided in conformance with the table. For example, a new 150-room hotel must have a total of seven accessible rooms, two with roll-in showers.