Attorney General Opinion No. 1992-106
Author | : Robert T. Stephan |
Publisher | : |
Total Pages | : |
Release | : 1992 |
ISBN-10 | : OCLC:798368072 |
ISBN-13 | : |
Rating | : 4/5 ( Downloads) |
Download or read book Attorney General Opinion No. 1992-106 written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Renovations, alterations or construction of government buildings may be accomplished by using either uniform federal accessibility standards (UFAS) or Americans with disabilities act accessibility guidelines (ADAAG) standards. The reference to 28 C.F.R. part 36 in section 7 of 1992 House Bill No. 2602 as the only standard was a technical error. Local building code officials are not required to investigate complaints about accessibility in public buildings. The enforcement authority of the local building code-officials is limited to denying the application for a building permit for the construction or alteration of a building. Since 1992 House Bill No. 2602 states that all public buildings and facilities shall conform to federal regulations (28 C.F.R. part 36) and no state regulations have been drafted regarding the design and occupancy standard, we must infer that the legislature meant for the federal regulations and interpretations to apply in determining whether a facility is subject to the new construction standards. Unless the landlord-tenant contract provides otherwise, the tenant is not responsible for making other areas included in the path of travel accessible if such is not within the tenant's control. Cited herein: K.S.A. 58-1301, as amended by L. 1992, ch. 208, section 1; K.S.A. 1991 Supp. 58-1305, as amended by L. 1992, ch. 208 section 7; 28 C.F.R. parts 35, 36.