Subdivision 1. Membership. The Access Review Board consists of:
(1) a representative of the Department of Labor and Industry, appointed by the commissioner of labor and industry;
(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) a representative of the elevator safety section, designated by the commissioner of labor and industry; 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 labor and industry 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 eligibility.
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 persons with disabilities 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 Department of Labor and Industry on a form prescribed by the board and pay a $70 fee to the construction code fund. 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.
1990 c 531 s 1; 2007 c 135 art 3 s 38; 2007 c 140 art 12 s 19
Structure Minnesota Statutes
Chapters 471 - 472B — Municipalities
Chapter 471 — Municipal Rights, Powers, Duties
Section 471.15 — Recreational Facilities By Municipality; Bonds.
Section 471.16 — Operation Of Program; Levy.
Section 471.17 — Location Of Activities.
Section 471.18 — Education Commissioner To Establish Qualifications.
Section 471.19 — Recreation Program To Be For Education Purposes.
Section 471.191 — Acquisition Of Facilities By City, School District.
Section 471.1911 — Validation Of School District Agreements.
Section 471.1912 — Public Beaches; Lifeguards.
Section 471.193 — Municipal Heritage Preservation.
Section 471.195 — Unclaimed Property; Disposal.
Section 471.198 — Expenditures; National Night Out; Law Enforcement Community Events.
Section 471.24 — Towns, Statutory Cities; Joint Maintenance Of Cemetery.
Section 471.342 — Inflow And Infiltration Program.
Section 471.345 — Uniform Municipal Contracting Law.
Section 471.3455 — Public Safety Equipment Purchase Or Lease.
Section 471.3457 — Veteran-owned Small Business Contracts.
Section 471.3459 — Donation Of Surplus Equipment.
Section 471.346 — Publicly Owned And Leased Vehicles Identified.
Section 471.35 — Specifications Of Supplies Or Equipment.
Section 471.36 — Noncompetitive Supplies And Equipment.
Section 471.371 — Contracts For Construction Of Treatment Works.
Section 471.381 — City, Town, And County Obligations And Payments.
Section 471.382 — Credit Cards.
Section 471.391 — Declaration Form.
Section 471.40 — Auditing Claims.
Section 471.41 — Auditing Accounts Not Itemized A Gross Misdemeanor.
Section 471.415 — Duplicate Warrants Or Orders.
Section 471.425 — Prompt Payment Of Local Government Bills.
Section 471.426 — Direct Deposit.
Section 471.44 — Municipality To Supply Counsel For Police, Peace Officers.
Section 471.45 — Costs And Disbursements To Be Assigned To Municipalities.
Section 471.46 — Vacancies; Persons Ineligible To Appointment.
Section 471.462 — Written Estimate Of Consultant Fees.
Section 471.464 — Ramps At Crosswalks.
Section 471.469 — Elevators In Apartment Buildings.
Section 471.471 — Access Review Board.
Section 471.475 — Iron Range Cities Or Towns May Lease Out Hospital.
Section 471.476 — Ambulance Services, Hennepin County Exception.
Section 471.50 — County Board May Make Agreements In Regard To Taxes.
Section 471.51 — Agreement To State Years Of Payments.
Section 471.52 — Apportionment Of Payments.
Section 471.53 — Who May Make Requests.
Section 471.54 — Use Of Money.
Section 471.55 — Construction Of Sections 471.49 To 471.55.
Section 471.562 — Definitions.
Section 471.563 — Uses Of Loan Repayments.
Section 471.57 — Public Works Reserve Fund.
Section 471.571 — Permanent Improvement Fund, Certain Cities.
Section 471.572 — Infrastructure Replacement Reserve Fund.
Section 471.58 — Range Association Of Municipalities And Schools; Dues.
Section 471.59 — Joint Exercise Of Powers.
Section 471.591 — Extension Of Municipal Services.
Section 471.61 — Group Benefits For Officers, Employees, Retirees.
Section 471.611 — Retirees' Health Insurance Benefits.
Section 471.615 — Individual Annuity For Public Officer, Employee.
Section 471.6151 — Contributions From Lawful Gambling Organizations.
Section 471.6161 — Group Insurance; Governmental Units.
Section 471.617 — Self-insurance Of Employee Health Benefits.
Section 471.6175 — Trust For Postemployment Benefits.
Section 471.62 — Statutes Or Rules May Be Adopted By Reference.
Section 471.63 — Promotion Of Safety And Preservation Of Human Life.
Section 471.631 — Rewards For Information About Felons.
Section 471.635 — Zoning Ordinances.
Section 471.64 — May Get, Dispose Of Property To, From U.s., State Agencies.
Section 471.65 — Grant, Advance, Or Loan From U.s. Or State Government.
Section 471.653 — Distribution Of Certain Federal Payments.
Section 471.655 — Municipality's Economic Opportunity Program Powers.
Section 471.656 — Limits On Bond Issuance For Extraterritorial Projects.
Section 471.661 — Out-of-state Travel.
Section 471.665 — Mileage Allowances.
Section 471.666 — Personal Use Of Publicly Owned Automobiles Prohibited.
Section 471.67 — Agreement Between Commissioner Of Dnr And Municipality.
Section 471.68 — Distribution Of Publications By Any County Or City.
Section 471.685 — Limit On Postsecondary Institution Fees.
Section 471.69 — Limitation Of Tax Levies; Statement.
Section 471.695 — City Defined For Sections 471.695 To 471.699.
Section 471.696 — Fiscal Year; Designation.
Section 471.6965 — Publication Of Summary Budget Statement.
Section 471.697 — Financial Reports; Filing; Cities, Towns Of 2,500.
Section 471.698 — Finance Report, File, Publish Or Post; Cities Under 2,500.
Section 471.6985 — Municipal Liquor Store.
Section 471.699 — Enforcement Of Reporting Requirements.
Section 471.6995 — Extended Time To File Financial Report; Disaster Areas.
Section 471.70 — Annual Report Of Outstanding Obligations.
Section 471.701 — Salary Data.
Section 471.707 — Vending Machine License Fees; Notice.
Section 471.709 — Massage Therapist License; Permit.
Section 471.72 — Application; Purpose.
Section 471.73 — Acceptance Of Provisions.
Section 471.75 — Orders, Sufficient Funds; Certificates Of Indebtedness.
Section 471.76 — Expenditures, Obligations; Clerk's Statement.
Section 471.77 — Indebtedness Contracted In Excess Of Revenue.
Section 471.78 — Indebtedness In Excess Of Revenue, Contracts Void.
Section 471.81 — Construction.
Section 471.82 — Repealer, Exceptions.
Section 471.83 — Severable, Effect.
Section 471.831 — Municipality May File Bankruptcy Petition.
Section 471.84 — Cemeteries; Appropriation By Certain Subdivisions.
Section 471.85 — Property Transfer; Public Corporations.
Section 471.86 — Protection For Firefighter Driver Sued For Damages.
Section 471.87 — Public Officers, Interest In Contract; Penalty.
Section 471.881 — Exceptions; Application.
Section 471.89 — Contract, When Void.
Section 471.895 — Certain Gifts By Interested Persons Prohibited.
Section 471.90 — Statutory Cities, Hospital; Transfer To County.
Section 471.91 — Air Travel Accounts.
Section 471.92 — Dangerous Excavations.
Section 471.924 — County Regulation Of Secondhand And Junk Dealers.
Section 471.925 — Definitions.
Section 471.926 — Relation To Other County Authority.
Section 471.927 — Cooperation With Municipalities.
Section 471.929 — Enforcement.
Section 471.93 — Appropriations For Historical Work By Municipalities.
Section 471.935 — Appropriations For Senior, Youth Centers.
Section 471.941 — Appropriation For Artistic Activities.
Section 471.95 — Patients In Public Hospitals, Extension Of Credit.
Section 471.96 — Members Of Civic Educational Associations.
Section 471.97 — Authority To Advance Expense Money.
Section 471.98 — Self-insurance; Definitions.
Section 471.981 — Self-insurance Coverage By Political Subdivision.
Section 471.982 — Review Of Joint Self-insurance Pool.
Section 471.985 — County And City Ordinances Prohibiting Trespassing.
Section 471.99 — Notice Of Government Action.
Section 471.991 — Definitions.
Section 471.992 — Equitable Compensation Relationships.
Section 471.993 — Compensation Relationships Of Positions.
Section 471.994 — Job Evaluation System.
Section 471.995 — Report Availability.
Section 471.9966 — Effect On Other Law.
Section 471.997 — Human Rights Act, Evidence.
Section 471.9981 — Counties And Cities; Pay Equity Compliance.
Section 471.999 — Report To Legislature.
Section 471.9995 — Rental Dwelling Notice.
Section 471.9996 — Rent Control Prohibited.
Section 471.9997 — Federally Assisted Rental Housing; Impact Statement.