New Hampshire Code of Administrative Rules Abfd - Committee on Architectural Barrier-Free Design of the Governor's Commission on Disability
Overview of the Abfd Rules
The Architectural Barrier-Free Design (ABFD) rules govern how publicly funded buildings and facilities in New Hampshire must be designed, constructed, renovated, or leased so that they are accessible to people with disabilities. These rules apply to state, county, municipal, and other public entities when public money is involved.
The Committee on Architectural Barrier-Free Design, which operates under the Governor’s Commission on Disability, is responsible for:
Reviewing accessibility compliance
Issuing advisory opinions
Handling complaints
Enforcing barrier-free design requirements
The rules generally rely on nationally recognized accessibility standards, but they are enforced at the state administrative level, not through private lawsuits.
Case 1: Review of a State-Leased Office Building
Situation
A state agency plans to lease office space in a privately owned commercial building. Because the lease is paid with public funds, the building must comply with barrier-free design rules.
Committee’s Role
Before the lease is approved, architectural plans and site details are submitted to the ABFD Committee. The committee examines:
Parking layout and accessible parking spaces
Exterior routes and curb ramps
Entrance doors and thresholds
Interior routes, elevators, restrooms, and signage
Decision
The committee issues a formal advisory opinion stating that:
The building may be used only if specific accessibility modifications are completed
Examples include widening doorways, installing automatic door openers, or reconfiguring restrooms
Why This Matters
Without the committee’s approval, the state cannot legally occupy the building. This prevents public agencies from operating out of inaccessible spaces.
Case 2: Accessibility Review for a Renovated Public Building
Situation
A state-owned office building undergoes major renovations, such as interior remodeling, new service counters, or altered entrances.
Committee’s Role
Under ABFD rules, renovations trigger a review because changes could create new barriers or fail to remove existing ones. The committee evaluates:
Whether renovated areas meet barrier-free standards
Whether paths of travel to renovated spaces are accessible
Whether restrooms, elevators, and emergency exits are usable by people with disabilities
Decision
The committee may require:
Additional construction beyond the original renovation plan
Redesign of service counters for wheelchair users
Improved signage or lighting for individuals with visual impairments
Why This Matters
Even if a building existed before modern accessibility standards, renovations require compliance, ensuring incremental improvement rather than permanent inaccessibility.
Case 3: Conditional Approval with Required Follow-Up
Situation
A public agency seeks approval for a facility that is mostly compliant but still has minor deficiencies, such as unfinished ramps or missing signage.
Committee’s Role
Rather than denying approval outright, the committee issues a conditional opinion, identifying:
Exactly what corrections must be completed
A timeframe for completion
Documentation requirements (such as photos or certifications)
Decision
The building may be temporarily used only if the conditions are met. Failure to complete the required changes can result in:
Withdrawal of approval
Requirement to relocate services
Administrative enforcement actions
Why This Matters
This approach balances practical needs with accessibility rights, ensuring that accessibility is not postponed indefinitely.
Case 4: Complaint Filed by a Member of the Public
Situation
A person with a disability encounters barriers at a publicly funded facility, such as:
No accessible entrance
Inaccessible restrooms
Unsafe ramps or blocked accessible parking
Committee’s Role
Under ABFD procedural rules, the individual may file a formal complaint. The committee then:
Reviews the complaint for jurisdiction
Investigates the facility
Requests explanations or documentation from the responsible entity
Decision
If a violation is found, the committee can:
Order corrective action
Set deadlines for compliance
Require periodic progress reports
Why This Matters
This process provides a non-judicial enforcement mechanism, allowing accessibility issues to be resolved without requiring a lawsuit.
Case 5: Dispute Between a Public Agency and the Committee
Situation
A public agency disagrees with the committee’s determination, claiming that compliance is too costly or technically infeasible.
Committee’s Role
The ABFD rules provide a formal dispute resolution process, which may include:
Written arguments
Presentation of architectural or engineering evidence
Administrative hearings
Decision
After review, the committee may:
Uphold its original decision
Modify requirements if justified
Grant limited exceptions only when strict compliance is truly impossible
Why This Matters
This ensures fairness while maintaining the core goal of accessibility. Cost alone is not considered a valid reason to deny access.
Case 6: Enforcement Action During Construction
Situation
A publicly funded construction project proceeds without following approved barrier-free design plans.
Committee’s Role
If notified, the committee can:
Order construction to stop
Require redesign or reconstruction
Prevent occupancy until compliance is achieved
Decision
The project must be brought into compliance before it can open to the public.
Why This Matters
This prevents accessibility problems from being permanently built into public infrastructure.
Key Takeaways
The ABFD rules apply whenever public funds are used, including leases, renovations, and new construction.
The committee’s work is preventive, corrective, and enforcement-based.
Accessibility is addressed before buildings open, during use, and after complaints.
The rules protect the civil rights of people with disabilities by embedding accessibility into public administration.
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