An Act To Clarify That the Medical Records of Applicants for Disability Variances Submitted to Municipal Boards of Appeal Are Not Public Records
Sec. 1. 30-A MRSA §4353, sub-§4-A, as repealed and replaced by PL 2009, c. 342, §1, is amended to read:
The board may impose conditions on the variance granted pursuant to this paragraph, including limiting the variance to the duration of the disability or to the time that the person with the disability lives in the dwelling. For the purposes of this paragraph, the term "structures necessary for access to or egress from the dwelling" is defined to include railing, wall or roof systems necessary for the safety or effectiveness of the structure.
The person with the permanent disability shall prove by a preponderance of the evidence that the person's disability is permanent.
For purposes of this paragraph, "noncommercial vehicle" means a motor vehicle as defined in Title 29-A, section 101, subsection 42 with a gross vehicle weight of no more than 6,000 pounds, bearing a disability registration plate issued pursuant to Title 29-A, section 521 and owned by the person with the permanent disability.
The board may impose conditions on the variance granted pursuant to this subsection.
Documents submitted to the board that describe or verify a person's disability are not public records pursuant to Title 1, chapter 13, subchapter 1.
For purposes of this subsection, "disability" has the same meaning as a physical or mental disability under Title 5, section 4553-A.
Sec. 2. 30-A MRSA §4353-A, as enacted by PL 2013, c. 186, §2, is amended by adding after the first paragraph a new paragraph to read:
Documents submitted to the code enforcement officer that describe or verify a person's disability are not public records pursuant to Title 1, chapter 13, subchapter 1.
summary
This bill provides that documents submitted to a municipal board of appeals or a municipal code enforcement officer that describe or verify the disability of a person who is seeking a variance from municipal zoning ordinances in order to accommodate the disability are not public records pursuant to the Freedom of Access Act.