<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".04" citation="COMAR 04.01.06.04" title_num="04" subtitle_num="01" chapter_num="06" heading="Installation and Waiver Requests.">
  <paragraph num="A.">
    <text>A recipient of State funds shall install an assistive listening system in an assembly area during the construction or renovation of the assembly area if:</text>
    <paragraph num="(1)">
      <text>The assembly area uses or requires the use of a public address system; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A State contract has been executed to enable the construction or renovation of the assembly area, in which funding received from the State will finance such construction or renovation, in part or in whole.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>A recipient of State funds may request a waiver from the requirements of §A of this regulation if:</text>
    <paragraph num="(1)">
      <text>The installation of an assistive listening system is deemed not technologically feasible; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>There is a dispute regarding whether the requirements of §A of this regulation apply to a construction or renovation project.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>The waiver request shall be in writing and include, at a minimum:</text>
    <paragraph num="(1)">
      <text>The name, address, and contact information of the requestor;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A description of the construction or renovation project;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A detailed explanation as to why an assistive listening system is not technologically feasible, including an affirmation from the requestor that there is no reasonable substitute technology readily available that would serve a similar purpose; and</text>
    </paragraph>
    <paragraph num="(4)">
      <text>In the event there is a dispute regarding whether §A of this regulation applies to the construction or renovation project, a detailed description as to why the assistive listening device requirement is not applicable to the project.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Requests for waivers shall be submitted to the Advisory Board by the contractor prior to, or during the design phase of the project.</text>
  </paragraph>
</regulation>