[Federal Register Volume 63, Number 2 (Monday, January 5, 1998)]
[Notices]
[Pages 259-260]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-149]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Office of the Assistant Attorney General for Civil Rights;
Certification of the State of Maine Accessibility Regulations Under the
Americans with Disabilities Act
AGENCY: Department of Justice.
ACTION: Notice of certification.
-----------------------------------------------------------------------
SUMMARY: The Department of Justice has certified that the Maine Human
Rights
[[Page 260]]
Act, 5 MRSA Sec. 4553 et seq., as implemented by the Maine
Accessibility Regulations, meets or exceeds the new construction and
alterations requirements of title III of the Americans with
Disabilities Act (ADA).
DATE: January 5, 1998.
ADDRESSES: Inquiries may be addressed to: John L. Wodatch, Chief,
Disability Rights Section, Civil Rights Division, U.S. Department of
Justice, P.O. Box 66738, Washington, DC 20035-6738.
FOR FURTHER INFORMATION CONTACT:
John L. Wodatch, Chief, Disability Rights Section, Civil Rights
Division, U.S. Department of Justice, P.O. Box 66738, Washington, DC
20035-6738. Telephone number (800) 514-0301 (Voice) or (800) 514-0383
(TDD).
Copies of this notice are available in formats accessible to
individuals with vision impairments and may be obtained by calling
(800) 514-0301 (Voice) or (800) 514-0383 (TDD).
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. 12188(b)(1)(A)(ii); 28 CFR 36.601 et seq.
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 July 21, 1995, the Maine Human Rights Commission
requested that the Department of Justice (Department) certify that the
Maine Human Rights Act, 5 MRSA section 4553 et seq., as implemented by
the Maine Accessibility Regulations (together, the Maine law), meets or
exceeds the new construction and alterations requirements of title III
of the ADA.
The Department analyzed the Maine law, and made a preliminary
determination that it meets or exceeds the new construction and
alterations requirements of title III of the ADA. By letter, dated
September 23, 1997, the Department notified the Maine Human Rights
Commission of its preliminary determination of equivalency.
On October 2, 1997, the Department published notices in the Federal
Register announcing its preliminary determination of equivalency and
requesting public comments thereon. The period for submission of
written comments ended on December 1, 1997. In addition, the Department
held public hearings in Augusta, Maine on October 17, 1997, and in
Washington, DC on December 2, 1997.
Three individuals submitted comments. Commenters were disability-
rights advocates and an architect. The Department has analyzed all of
the submitted comments and has consulted with the U.S. Architectural
and Transportation Barriers Compliance Board.
Two of the comments supported certification of the Maine law. One
comment, while not opposing certification of the Maine law, inquired
whether the Maine law's coverage of churches (if the building or
facility is open to the public for any reason) is different from the
ADA. Because coverage of churches is neither required nor prohibited by
the ADA, such coverage does not preclude certification.
Based on these comments, the Department has determined that the
Maine law is equivalent to the new construction and alterations
requirements of title III of the ADA. Therefore, the Department has
informed the submitting official of its decision to certify the Maine
law.
Effect of Certification
The certification determination is limited to the version of the
Maine law 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.
Certification will not apply to buildings constructed by or for
State or local government entities, which are subject to title II of
the ADA. Nor does certification apply to accessibility requirements
that are addressed by the Maine law that are not addressed by the ADA
Standards for Accessible Design.
Finally, certification does not apply to variances or waivers
granted under the Maine law. Therefore, if a builder receives a
variance, waiver, modification, or other exemption from the
requirements of the Maine law for any element of construction or
alterations, the certification determination will not constitute
evidence of ADA compliance with respect to that element.
Dated: December 12, 1997.
Isabelle Katz Pinzler,
Acting Assistant Attorney General for Civil Rights.
[FR Doc. 98-149 Filed 1-2-98; 8:45 am]
BILLING CODE 4410-13-M
