[Federal Register Volume 61, Number 193 (Thursday, October 3, 1996)]
[Notices]
[Page 51719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25332]
[[Page 51719]]
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DEPARTMENT OF JUSTICE
Office of the Assistant Attorney General for Civil Rights;
Certification of the State of Texas Accessibility Standards Under the
Americans With Disabilities Act
AGENCY: Department of Justice.
ACTION: Notice of certification.
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SUMMARY: The Department of Justice has certified that the State of
Texas Accessibility Standards meet or exceed the new construction and
alterations requirements of title III of the Americans with
Disabilities Act (ADA).
DATES: October 3, 1996.
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, D.C. 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, D.C.
20035-6738.
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. Sec. 12188(b)(1)(A)(ii); 28 CFR Sec. 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 November 17, 1994, the Texas Department of
Licensing and Regulation requested that the Department of Justice
(Department) certify that the State of Texas Accessibility Standards,
effective April 1, 1994, as adopted pursuant to Texas Civil Statutes,
Article 9102, as amended effective September 1, 1993, and the
Architectural Barriers Administrative Rules, Chapter 68, as amended
effective June 1, 1994 (Texas Standards), meet or exceed the new
construction and alterations requirements of title III of the ADA.
The Department analyzed the Texas Standards, and made a preliminary
determination that they meet or exceed the new construction and
alterations requirements of title III of the ADA. By letter dated May
10, 1996, the Department notified the Texas Department of Licensing and
Regulation of its preliminary determination of equivalency.
On May 28, 1996, 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 July 29, 1996. In addition, the Department
held public hearings in Austin, Texas on June 25, 1996, and in
Washington, DC on August 1, 1996.
Fourteen persons submitted comments. Commenters included
disability-rights advocates, design professionals, and interested
individuals, including individuals with disabilities. The Department
has analyzed the testimony submitted at the hearings and has consulted
with the U.S. Architectural and Transportation Barriers Compliance
Board.
The vast majority of the comments supported certification of the
Texas Standards. Two individuals testified in opposition to
certification of the Texas Standards because they objected to the
coverage of churches under the Texas Standards. However, because
coverage of churches is neither required nor prohibited by the ADA,
such coverage does not preclude certification. One other commenter
complained that Texas accessibility requirements were too vigorously
enforced against public schools. Because certification does not apply
to title II facilities, such as public schools, and does not address
enforcement efforts, this comment also does not affect certification.
Based on these comments, the Department has determined that the
Texas Standards are 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 Texas
Standards.
Effect of Certification
The certification determination is limited to the version of the
Texas Standards 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 Texas Standards that are not addressed by the
ADA Standards for Accessible Design, such as the provisions for
children's facilities in the Texas Standards.
Finally, certification does not apply to variances or waivers
granted under the Texas Standards by the Commissioner of Licensing and
Regulation. Therefore, if a builder receives a variance, waiver,
modification, or other exemption from the requirements of the Texas
Standards for any element of construction or alterations, the
certification determination will not constitute evidence of ADA
compliance with respect to that element.
Dated: September 26, 1996.
Deval L. Patrick,
Assistant Attorney General for Civil Rights.
[FR Doc. 96-25332 Filed 10-2-96; 8:45 am]
BILLING CODE 4410-01-M
