§ 37-8-15.1 - Accessibility of leased or rented facilities for people with disabilities.
SECTION 37-8-15.1
§ 37-8-15.1 Accessibility of leased orrented facilities for people with disabilities. – (a) No governmental body or public agency, as defined in § 37-2-7, actingas lessee, shall lease or rent facilities that are not accessible to and usableby individuals with disabilities. The lessee governmental body or public agencyshall provide the state building commissioner with a list of prospectivefacilities to be leased and shall ensure that accessibility certifications insubdivision (a)(1), (a)(2), or (a)(3) and (a)(4) of this section are completedprior to submission of the lease or renewal of the lease for final approval bythe state properties commission or other authorized body. Prior to agovernmental body or public agency leasing or renting any facility, or renewinga lease:
(1) The state building commissioner shall certify that thenew facility to be leased or rented conforms to the accessibility for peoplewith disabilities provisions of the state building code; or that the existingfacility to be leased or rented meets the accessibility requirements of thestate building code in effect at the time of first occupancy after January 1,1978; or if constructed prior to January 1, 1978, meets the requirements of thecurrent state building code; or
(2) The state building commissioner shall certify thatconstruction documents for the proposed facility to be leased or rented conformto the accessibility requirements of the state building code, and theaccessibility renovations shall be completed within six (6) months of thesigning of the lease; or
(3) The state building code board of appeals grants a waiverfrom some provisions of the state building code's accessibility requirementsfor people with disabilities provisions with respect to state agency leasingthe facility; and
(4) The governor's commission on disabilities shall certifythat the lessee agency's program accessibility plan ensures access to, and useof the facility to be leased or rented for people with disabilities.
(b) The governor's commission on disabilities shall onlycertify an accessibility plan that:
(1) Would not operationally serve to deny any individual witha disability access to a service or program operated by the governmental bodyor public agency;
(2) Would not operationally serve to deny an employee with adisability or job applicant with a disability employment or advancement in thatgovernmental body or public agency;
(c) The state building code board of appeals shall only grantwaivers when total compliance with the disability accessibility provisions ofthe state building code was structurally infeasible.
(d) The state building commissioner shall reinspect allfacilities leased or rented under subdivision (a)(2) or (a)(3) prior to thedate(s) established in the certification or waiver for completion of anyrenovations required. If the state building commissioner is unable to issue acertification of compliance with the accessibility for people with disabilitiesprovisions of the building code or the variance, then the commissioner shallinform the director of the department of administration that the facility is innoncompliance. The governor's commission on disabilities shall have the rightto periodically review the implementation of the accessibility plan, and informthe director of the department of administration of any noncompliance. Uponsubmission of said notification of noncompliance, the director of thedepartment of administration shall take steps to ensure compliance or forward areport to the attorney general for legal action to terminate the lease.