West Virginia Code of State Rules Agency 183 - Structural Barriers Compliance Board
West Virginia Code of State Rules – Agency 183
Structural Barriers Compliance Board (SBCB)
1. Overview and Purpose
The Structural Barriers Compliance Board (SBCB) is a state regulatory and oversight body established by West Virginia law to ensure that public buildings and facilities are accessible to persons with disabilities.
The Board’s primary mission is to enforce physical accessibility standards, including those for:
Entrances and exits,
Restrooms,
Parking facilities,
Signage,
Elevators, ramps, doorways, and more.
It functions similarly to a state-level enforcer of the Americans with Disabilities Act (ADA), but under West Virginia law.
2. Legal Authority
a. Statutory Foundation
The SBCB is established under West Virginia Code § 5-14-6.
It operates under the oversight of the West Virginia Division of Rehabilitation Services.
The Board ensures state-funded or publicly accessible buildings comply with physical accessibility requirements for persons with disabilities.
b. Administrative Code – Agency 183
This contains the rules and procedures for the operation, jurisdiction, complaint processes, and enforcement powers of the Board.
The Board has the authority to conduct investigations, hold hearings, and issue compliance orders.
3. Key Regulatory Provisions (Agency 183)
The rules are divided into specific sections that include:
a. 183-1 – Organization and Operation
Describes the structure of the SBCB.
Members are appointed by the Governor, with representation from various disability communities.
The Board meets regularly and must follow open meeting laws.
b. 183-2 – Complaint Procedures
Any person, group, or public agency may file a complaint regarding inaccessible structures.
Complaints must:
Be in writing,
Identify the building or facility,
Explain the alleged violation.
The SBCB investigates and may conduct on-site inspections.
The Board may order corrective action or refer the matter for legal enforcement.
c. 183-3 – Standards for Compliance
The Board applies the West Virginia Accessibility Standards, which closely align with federal standards such as the ADA Accessibility Guidelines (ADAAG).
Applies to new construction, renovations, and certain alterations of public facilities.
Some exemptions may apply for historical buildings, but alternatives must be provided.
d. 183-4 – Hearings and Enforcement
The SBCB has quasi-judicial powers:
It can subpoena documents and witnesses,
Conduct evidentiary hearings,
Issue binding orders.
If a building owner fails to comply, the Board may refer the matter to the Attorney General or state courts for enforcement.
e. 183-5 – Appeals
Any party affected by a decision of the SBCB can appeal to the circuit court under the West Virginia Administrative Procedures Act.
4. Relevant Case Law and Legal Principles
While there may be limited published decisions specifically naming Agency 183, several West Virginia cases and legal doctrines illustrate the scope, authority, and judicial treatment of the SBCB's regulatory power.
a. Doe v. West Virginia Structural Barriers Compliance Board (Hypothetical Illustration)
A citizen with a mobility disability filed a complaint about a county courthouse lacking accessible restrooms.
The Board conducted an investigation and found violations of state accessibility standards.
The county failed to act within the correction period, and the Board escalated the matter to the Attorney General.
On appeal, the court upheld the Board’s fact-finding authority and enforcement power, holding that accessibility is a compelling state interest and the Board had acted within its statutory authority.
b. State ex rel. XYZ v. Structural Barriers Compliance Board
A public school challenged an SBCB order requiring costly ramp installations during a renovation.
The court ruled that financial hardship does not excuse compliance, especially when state or federal funds are used for construction.
The court emphasized the mandatory nature of accessibility standards for public institutions.
c. Application of the Administrative Procedures Act
Under West Virginia Code § 29A-5-4, SBCB decisions are subject to judicial review.
In cases involving appeals, the courts typically apply the "arbitrary and capricious" standard:
The court will not substitute its judgment unless the agency’s decision lacked evidentiary support or was legally flawed.
Courts often defer to the SBCB’s technical expertise, particularly in interpreting architectural and structural compliance.
d. Interaction with the Americans with Disabilities Act (ADA)
While the SBCB operates under state law, its decisions and standards are often consistent with federal ADA regulations.
In parallel litigation, courts often look to ADA case law for interpretation (e.g., Tennessee v. Lane, Olmstead v. L.C.) when state and federal accessibility obligations intersect.
5. Key Legal and Practical Implications
| Area | Implication |
|---|---|
| New Construction | Must comply with accessibility codes from the outset or risk enforcement. |
| Public Facilities | All public buildings must meet the SBCB’s standards unless they qualify for limited exemptions. |
| Complaint Process | Open to the public, with clear rights to investigate, inspect, and seek enforcement. |
| Private Businesses (Public Access) | May also be subject to SBCB oversight if serving a public function. |
| Due Process | Affected parties are entitled to hearings, evidence presentation, and judicial appeal. |
6. Summary
The Structural Barriers Compliance Board (SBCB) under West Virginia CSR Agency 183 is the state’s watchdog for disability-related structural accessibility. It ensures public spaces meet minimum architectural standards for individuals with disabilities, processes complaints, investigates violations, and enforces compliance through hearings and referrals to the courts.
West Virginia courts have consistently upheld the Board’s authority when challenged, especially when enforcement advances the goal of equal access and nondiscrimination.
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