An Act To Require Institutions of Higher Learning To Comply with the Federal Americans with Disabilities Act
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 5 MRSA §4594-H is enacted to read:
§ 4594-H. Automatic door openers; institutions of higher learning
1. Facilities. This section applies to any facility owned or operated for educational purposes by a duly authorized institution of higher learning, as defined in Title 20-A, section 10801, that receives any federal or state educational funding, as defined by the commission by rule.
2. Application. Except as provided in this section, every door allowing access to a room or area of the facility to which a student of the duly authorized institution of higher learning or a member of the general public is permitted access must have a working automatic door opener operated by a wall-mounted electronic push-button device that meets standards adopted by the commission by rule. The requirements of this section do not apply to a classroom if the duly authorized institution of higher learning has a written policy that ensures the door is closed only when a class is in session or when the classroom is not open to students or the public.
3. Rules. The commission shall adopt rules necessary to implement this section and ensure facilities governed by this section are accessible to, functional for and safe for use by persons with physical disability in accordance with subsection 2. The rules must specify a reasonable schedule for facilities in existence on the effective date of this section to come into compliance with this section. Rules adopted under this section are routine technical rules as defined in chapter 375, subchapter 2-A.
4. Certification. In accordance with rules adopted by the commission, a duly authorized institution of higher learning subject to this section shall provide certification of compliance with this section to the Department of Public Safety, Office of the State Fire Marshal and to the municipality where the facility is being constructed or exists.
5. Training, education and assistance. The commission and the Department of Public Safety, Office of the State Fire Marshal shall, as necessary, develop information packets, lectures, seminars and educational forums for the purpose of increasing the awareness and knowledge of the provisions of this section.
summary
This bill requires all institutions of higher learning that receive state or federal funds to install on every door allowing access to a room in or area of its educational facilities to which a student or a member of the general public is permitted access a working automatic door opener operated by a wall-mounted electronic push-button device that meets standards adopted by the Maine Human Rights Commission.