1.1                          A bill for an act 
  1.2             relating to accessibility of buildings; clarifying 
  1.3             provisions relating to accessible entrances; amending 
  1.4             Minnesota Statutes 2000, section 16B.61, subdivision 5.
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 2000, section 16B.61, 
  1.7   subdivision 5, is amended to read: 
  1.8      Subd. 5.  [ACCESSIBILITY.] (a)  [PUBLIC BUILDINGS.] The 
  1.9   code must provide for making public buildings constructed or 
  1.10  remodeled after July 1, 1963, accessible to and usable by 
  1.11  physically handicapped persons, although this does not require 
  1.12  the remodeling of public buildings solely to provide 
  1.13  accessibility and usability to the physically handicapped when 
  1.14  remodeling would not otherwise be undertaken.  
  1.15     (b)  [LEASED SPACE.] No agency of the state may lease space 
  1.16  for agency operations in a non-state-owned building unless the 
  1.17  building satisfies the requirements of the State Building Code 
  1.18  for accessibility by the physically handicapped, or is eligible 
  1.19  to display the state symbol of accessibility.  This limitation 
  1.20  applies to leases of 30 days or more for space of at least 1,000 
  1.21  square feet.  
  1.22     (c)  [MEETINGS OR CONFERENCES.] Meetings or conferences for 
  1.23  the public or for state employees which are sponsored in whole 
  1.24  or in part by a state agency must be held in buildings that meet 
  1.25  the State Building Code requirements relating to accessibility 
  2.1   for physically handicapped persons.  This subdivision does not 
  2.2   apply to any classes, seminars, or training programs offered by 
  2.3   the Minnesota state colleges and universities or the University 
  2.4   of Minnesota.  Meetings or conferences intended for specific 
  2.5   individuals none of whom need the accessibility features for 
  2.6   handicapped persons specified in the State Building Code need 
  2.7   not comply with this subdivision unless a handicapped person 
  2.8   gives reasonable advance notice of an intent to attend the 
  2.9   meeting or conference.  When sign language interpreters will be 
  2.10  provided, meetings or conference sites must be chosen which 
  2.11  allow hearing impaired participants to see their signing clearly.
  2.12     (d)  [EXEMPTIONS.] The commissioner may grant an exemption 
  2.13  from the requirements of paragraphs (b) and (c) in advance if an 
  2.14  agency has demonstrated that reasonable efforts were made to 
  2.15  secure facilities which complied with those requirements and if 
  2.16  the selected facilities are the best available for access for 
  2.17  handicapped persons.  Exemptions shall be granted using criteria 
  2.18  developed by the commissioner in consultation with the council 
  2.19  on disability.  
  2.20     (e)  [SYMBOL INDICATING ACCESS.] The wheelchair symbol 
  2.21  adopted by Rehabilitation International's Eleventh World 
  2.22  Congress is the state symbol indicating buildings, facilities, 
  2.23  and grounds which are accessible to and usable by handicapped 
  2.24  persons.  In the interests of uniformity, this symbol is the 
  2.25  sole symbol for display in or on all public or private 
  2.26  buildings, facilities, and grounds which qualify for its use.  
  2.27  The secretary of state shall obtain the symbol and keep it on 
  2.28  file.  No building, facility, or grounds may display the symbol 
  2.29  unless it is in compliance with the rules adopted by the 
  2.30  commissioner under subdivision 1.  Before any rules are proposed 
  2.31  for adoption under this paragraph, the commissioner shall 
  2.32  consult with the council on disability.  Rules adopted under 
  2.33  this paragraph must be enforced in the same way as other 
  2.34  accessibility rules of the State Building Code.  
  2.35     (f)  [MUNICIPAL ENFORCEMENT.] Municipalities which have not 
  2.36  adopted the State Building Code may enforce the building code 
  3.1   requirements for handicapped persons by either entering into a 
  3.2   joint powers agreement for enforcement with another municipality 
  3.3   which has adopted the State Building Code; or contracting for 
  3.4   enforcement with an individual certified under section 16B.65, 
  3.5   subdivision 3, to enforce the State Building Code.  
  3.6      (g)  [EQUIPMENT ALLOWED.] The code must allow the use of 
  3.7   vertical wheelchair lifts and inclined stairway wheelchair lifts 
  3.8   in public buildings.  An inclined stairway wheelchair lift must 
  3.9   be equipped with light or sound signaling device for use during 
  3.10  operation of the lift.  The stairway or ramp shall be marked in 
  3.11  a bright color that clearly indicates the outside edge of the 
  3.12  lift when in operation.  The code shall not require a guardrail 
  3.13  between the lift and the stairway or ramp.  Compliance with this 
  3.14  provision by itself does not mean other handicap accessibility 
  3.15  requirements have been met. 
  3.16     (h)  [AUTOMATIC OR POWER-ASSISTED DOOR.] The code must 
  3.17  require that no building entrance may be marked with the 
  3.18  international symbol of accessibility referenced in paragraph 
  3.19  (e) unless that entrance includes an automatic or power-assisted 
  3.20  door.