95-742. Certification of Washington State Regulations for Barrier Free Design Under the Americans With Disabilities Act

[Federal Register Volume 60, Number 8 (Thursday, January 12, 1995)]
[Notices]
[Pages 2986-2987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-742]



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DEPARTMENT OF JUSTICE
Office of the Assistant Attorney General for Civil Rights


Certification of Washington State Regulations for Barrier Free 
Design Under the Americans With Disabilities Act

AGENCY: Department of Justice.

ACTION: Notice of preliminary determination of equivalency and 
certification hearings.

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SUMMARY: The Department of Justice (Department) has determined that the 
Washington State Regulations for Barrier Free Design (code) meet or 
exceed the new construction and alterations requirements of title III 
of the Americans with Disabilities Act of 1990 (ADA). The Department 
proposes to issue a final certification, pursuant to 42 U.S.C. 
Sec. 12188(b)(1)(A)(ii) and 28 C.F.R. Sec. 36.601 et seq., which would 
constitute rebuttable evidence, in any enforcement proceeding, that a 
building constructed or altered in accordance with the Washington code 
meets or exceeds the requirements of the ADA. The Department will hold 
informal hearings on the proposed certification in Washington, D.C. and 
Seattle, Washington.

DATES: To be assured of consideration, comments must be in writing and 
must be received on or before March 13, 1995. The hearing in Seattle, 
Washington is scheduled for January 27, 1995 at 9:00 AM, Pacific Time. 
The hearing in Washington, D.C. is scheduled for March 27, 1995 at 9:30 
AM, Eastern Time.

ADDRESSES: Comments on the preliminary determination of equivalency and 
on the proposal to issue final certification of equivalency of the 
Washington code should be sent to: John Wodatch, Chief, Public Access 
Section, Civil Rights Division, U.S. [[Page 2987]] Department of 
Justice, P.O. Box 66738, Washington, D.C. 20035-6738.
    The hearings will be held at:
Washington, D.C.:

U.S. Department of Justice, Civil Rights Division, Public Access 
Section, 1425 New York Avenue, N.W., 4th floor conference room, 
Washington, D.C.

Seattle, Washington:

National Oceanic and Atmospheric Administration (NOAA), Building Nine 
(9) Auditorium, 7600 Sand Point Way, N.E., Seattle, Washington

FOR FURTHER INFORMATION CONTACT:
John Wodatch, Chief, Public Access Section, Civil Rights Division, U.S. 
Department of Justice, P.O. Box 66738, Washington, D.C. 20035-6738. 
Telephone number [phone] (Voice) or [phone] (TDD).
    Copies of this notice are available in formats accessible to 
individuals with vision impairments and may be obtained by calling 
[phone] (Voice) or [phone] (TTY). Copies of the 
Washington code and supporting materials may be inspected by 
appointment at 1425 New York Avenue, N.W., Washington, D.C. by calling 
Tito Mercado at [phone] (Voice/TDD). This is not a toll-free 
number.

SUPPLEMENTARY INFORMATION:

Background

    The ADA authorizes the Department of Justice, upon application by a 
State or local government, to certify that a State or local law that 
establishes accessibility requirements meets or exceeds the minimum 
requirements of title III of the ADA for new construction and 
alterations. 42 U.S.C. Sec. 12188(b)(1)(A)(ii); 28 C.F.R. Sec. 36.601 
et seq. Final certification constitutes rebuttable evidence, in any ADA 
enforcement action, that a building constructed or altered in 
accordance with the certified code complies with the new construction 
and alterations requirements of title III of the ADA.
    By letter dated January 27, 1992, the Washington State Building 
Code Council (Council) requested certification that the Washington 
State Regulations for Barrier Free Design (code) meets or exceeds the 
new construction and alterations requirements of title III of the ADA.
    On May 20, 1993, after consulting with the Architectural and 
Transportation Barriers Compliance Board (Access Board), the Department 
provided technical assistance to the Council identifying issues that 
needed to be addressed before certification could be considered.
    On August 20, 1993, the Council made a supplemental submission, 
providing its 1992 amendments to the code, newly-issued interpretations 
of the code, and comments responding to the Department's preliminary 
response. By letter dated March 23, 1994, the Council provided further 
supplementation of its submission.
    On July 22, 1994, the Department responded to the supplemental 
submissions. On November 17, 1994, the Council adopted amendments to 
the code addressing the remaining issues raised by the Department. By 
letter dated November 28, 1994, the Council submitted those amendments 
as a supplement to its certification request.
    The Department has analyzed the Washington code, as adopted on 
November 8, 1991, and amended on November 13, 1992 and November 17, 
1994, and has preliminarily determined that it meets or exceeds the new 
construction and alterations requirements of title III of the ADA. By 
letter dated December 6, 1994, the Department notified the Council of 
its preliminary determination of equivalency.

Effect of Certification

    The certification determination will be limited to the version of 
the Washington code, including the amendments and interpretations, that 
has been submitted to the Department. The certification will not apply 
to amendments or interpretations that have not been submitted and 
reviewed by the Department.
    The certification will not apply to any elements or features not 
addressed in the Washington code. If a builder incorporates such 
elements, he or she will not be entitled to reply on the rebuttable 
evidence of ADA compliance provided by certification for those 
elements. Nor will the certification apply to the Appendix provisions 
of the Washington code, which are advisory only. Finally, the 
certification will not apply to waivers granted under the Washington 
code by local building officials. Therefore, if a builder receives a 
waiver, modification, variance, or other exemption from the 
requirements of the Washington code for any element of construction or 
alterations, the certification determination will not constitute 
evidence of ADA compliance with respect to that element.

Procedure

    The Department will hold informal hearings in Washington, D.C. and 
Seattle, Washington to provide an opportunity for interested persons, 
including individuals with disabilities, to express their views with 
respect to the preliminary determination of equivalency of the 
Washington code. Interested parties who wish to testify at a hearing 
should contact Tito Mercado at [phone] (Voice/TDD). This is not 
a toll-free number.
    The hearing sites shall be accessible to individuals with 
disabilities. Individuals who require sign language interpreters or 
other auxiliary aids should contact Tito Mercado at [phone] 
(Voice/TDD). This is not a toll-free number.

    Dated: January 5, 1995.
Kerry Alan Scanlon,
Acting Assistant Attorney General for Civil Rights.
[FR Doc. 95-742 Filed 1-11-95; 8:45 am]
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