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    Subdivision 1. Membership. The Access Review Board consists of:
(1) a representative of the Building Code and Standards Division of the Department of
Administration, appointed by the commissioner of administration;
(2) a representative of the state fire marshal's office, appointed by the commissioner of
public safety;
(3) the commissioner of human rights or the commissioner's designee;
(4) the commissioner of labor and industry or the commissioner's designee; and
(5) the chair of the Council on Disability or the chair's designee.
The board shall elect a chair from among its members. Terms of members coincide with the terms
of their appointing authorities or, in the case of ex officio members or their designees, with the
terms of the offices by virtue of which they are members of the board. Compensation of members
is governed by section 15.0575, subdivision 3.
    Subd. 2. Staff; administrative support. The commissioner of administration shall furnish
staff, office space, and administrative support to the board. Staff assigned to the board must be
knowledgeable with respect to access codes, site surveys, plan design, and product use and
    Subd. 3. Duties. The board shall consider applications for waivers from the State Building
Code to permit the installation of stairway chair lifts to provide limited accessibility for the
physically disabled to buildings in which the provision of access by means permitted under the
State Building Code is not architecturally or financially possible. In considering applications,
the board shall review other possible access options. The board may approve an application
for installation of a stairway chair when the board determines that the installation would be
appropriate and no other means of access is possible. In determining whether to approve an
application, the board shall consider:
(1) the need for limited accessibility when a higher degree of accessibility is not required by
state or federal law or rule;
(2) the architectural feasibility of providing a greater degree of accessibility than would be
provided by the proposed device or equipment;
(3) the total cost of the proposed device or equipment over its projected usable life, including
installation, maintenance, and replacement costs;
(4) the reliability of the proposed device or equipment;
(5) the applicant's ability to comply with all recognized access and safety standards for
installation and maintenance; and
(6) whether the proposed device or equipment can be operated and used without reducing
or compromising minimum safety standards.
The board shall consider the applicant's demonstrated inability to afford a greater degree of
accessibility, but may not give greater weight to this factor than to the factors listed in clauses
(1) to (6). The board may not approve an application unless the applicant guarantees that the
device or equipment will be installed and operated in accordance with nationally recognized
standards for such devices or equipment and agrees to obtain any permits needed from the agency
responsible for enforcing those standards.
    Subd. 4. Application process. A person seeking a waiver shall apply to the Building Code
and Standards Division of the Department of Administration on a form prescribed by the board
and pay a $70 fee. The division shall review the application to determine whether it appears to be
meritorious, using the standards set out in subdivision 3. The division shall forward applications it
considers meritorious to the board, along with a list and summary of applications considered not
to be meritorious. The board may require the division to forward to it an application the division
has considered not to be meritorious. The board shall issue a decision on an application within 90
days of its receipt. A board decision to approve an application must be unanimous. An application
that contains false or misleading information must be rejected.
    Subd. 5. Liability. Board members are immune from liability for personal injury or death
resulting from the use or misuse of a device or equipment installed and operated under a waiver
granted by the board.
History: 1990 c 531 s 1

Official Publication of the State of Minnesota
Revisor of Statutes