West Virginia Code of State Rules Agency 183 - Structural Barriers Compliance Board
1. Legal Framework and Authority
A. Origin of the Agency and Its Powers
The West Virginia Code of State Rules, Agency 183, pertains to the Structural Barriers Compliance Board (SBCB). The SBCB is empowered by the West Virginia Code, specifically W.Va. Code § 5-11A, which deals with compliance and enforcement related to structural barriers that limit accessibility for individuals with disabilities.
The primary statutory authority for the Structural Barriers Compliance Board is derived from:
W.Va. Code § 5-11A-1 to 5-11A-10
This chapter outlines how the Board ensures compliance with accessibility standards in buildings and public facilities.
The rules are also informed by federal law, such as the Americans with Disabilities Act (ADA) and other accessibility laws, and are aimed at improving access for persons with disabilities.
B. Core Responsibilities of the Board
The SBCB has several key functions:
Ensure Compliance: It ensures that public facilities and structures are accessible to individuals with disabilities.
Develop Standards: The Board establishes rules for construction, modification, and renovation of buildings to meet accessibility standards.
Investigate Complaints: The Board investigates complaints regarding non-compliance with these accessibility requirements.
Impose Penalties: It has the authority to levy fines or enforce other penalties against entities that fail to comply with the standards.
The West Virginia Code of State Rules spells out how the Board implements these responsibilities, including processes for inspections, investigations, and compliance measures.
2. Key Provisions of Agency 183 (West Virginia Code of State Rules)
A. General Overview of Structural Barrier Regulations
Section 183-1: Purpose and Authority
This section clarifies that the purpose of the Structural Barriers Compliance Board is to ensure that all public buildings in West Virginia comply with federal and state accessibility laws. It specifies that the Board has the authority to adopt rules to enforce compliance.
The rules apply to all buildings that are publicly accessible or used by the public (e.g., government buildings, commercial facilities, schools, hospitals).
B. Specific Compliance Standards
Accessibility Design Standards: The rules mirror the ADA Accessibility Guidelines (ADAAG) and West Virginia's own accessibility standards. These include requirements for:
Ramps: Proper incline, width, and surface requirements.
Doors and Entrances: Requirements for door width, automatic openers, and access paths.
Elevators and Lifts: Requirements for placement and design to accommodate individuals with mobility impairments.
Restrooms and Parking: Specific provisions for accessible restrooms, stalls, and parking spaces.
The rules provide detailed specifications for new construction, as well as for renovations and alterations to existing buildings.
C. Inspections and Enforcement
Section 183-2: Inspections
The Board, through its designated agents, is authorized to conduct inspections of public facilities to verify compliance with accessibility standards.
Inspections are triggered either by:
Routine checks (random or scheduled)
Complaints filed by the public or individuals with disabilities
Section 183-3: Compliance Orders
If a building is found to be in non-compliance, the Board can issue compliance orders requiring the facility to make necessary changes to meet the standards.
These orders typically specify a deadline by which compliance must be achieved.
Section 183-4: Penalties and Fines
Failure to comply with the order can result in financial penalties or other legal actions. The fines can be up to $500 per violation.
The Board also has the authority to pursue civil actions in court if a facility continuously fails to meet the required standards.
D. Complaint Procedure
Section 183-5: Filing a Complaint
Any individual or group can file a complaint with the Structural Barriers Compliance Board if they believe a public facility is not accessible.
Complaints should be in writing and describe the specific barrier or issue (e.g., non-accessible entrance, lack of proper signage).
Section 183-6: Investigation of Complaints
The Board reviews complaints and conducts investigations. Investigations typically involve:
On-site inspections
Interviews with facility managers or responsible parties
Review of building plans and records to assess compliance with the applicable standards
E. Waivers and Exceptions
Section 183-7: Waivers
In certain circumstances, the Board may grant waivers or exceptions to compliance requirements if a facility can prove that it is impossible to meet specific standards due to factors like:
Structural limitations (e.g., historic preservation restrictions)
Financial hardship or excessive costs
A waiver request must be submitted in writing, and the facility must provide evidence that the waiver is warranted.
3. Enforcement Mechanisms and Remedies
The SBCB is responsible for enforcing the provisions of the West Virginia Code of State Rules, Agency 183. Enforcement includes:
Issuing citations for non-compliance
Imposing fines or penalties
Taking legal action in state court if necessary
Monitoring compliance through follow-up inspections
A. Judicial Review
If an individual or entity disagrees with a compliance order or a fine imposed by the Board, they have the right to appeal the decision to the Circuit Court.
Courts will review whether the Board’s action was arbitrary, capricious, or violated the law.
B. Court Cases
While there are no major landmark cases specific to Agency 183 in the immediate sense, West Virginia courts have generally applied the following legal principles in interpreting similar agency rulings:
Deference to Agency Expertise: Courts typically defer to the SBCB’s expertise in accessibility issues, recognizing that the Board has specialized knowledge about structural barriers and compliance.
Strict Scrutiny of Non-Compliance: Courts generally impose strict scrutiny on facilities that fail to comply with state and federal accessibility requirements. This is particularly true where public health and safety are concerned.
4. Constitutional Considerations
A. Equal Protection and Disability Rights
The Americans with Disabilities Act (ADA) serves as the guiding federal law, and under it, public entities must not discriminate based on disability.
The West Virginia Code of State Rules ensures that public facilities comply with these federal mandates. This aligns with the constitutional protections provided by the Equal Protection Clause of the 14th Amendment and the Americans with Disabilities Act.
B. Due Process
The Board’s enforcement actions must adhere to due process standards to ensure fairness in hearings, appeals, and fines imposed. This includes:
Notice of inspections, citations, and penalties
Opportunity for the facility to respond or appeal decisions
5. Key Takeaways
The West Virginia Structural Barriers Compliance Board regulates the accessibility of public facilities in the state to ensure compliance with state and federal accessibility standards.
The Board enforces these rules through inspections, investigations, compliance orders, and penalties.
Facilities can be granted waivers in certain cases but must demonstrate that compliance is impossible due to factors such as historical preservation or excessive cost.
Court cases involving the Board primarily focus on compliance, due process, and the application of ADA standards in public facility design and renovation.
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