[Federal Register Volume 60, Number 63 (Monday, April 3, 1995)]
[Notices]
[Page 16887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8104]
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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 certification.
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SUMMARY: The Department of Justice has certified that the Washington
State Regulations for Barrier Free Design meet or exceed the new
construction and alterations requirements of title III of the Americans
with Disabilities Act (ADA).
EFFECTIVE DATE: March 29, 1995.
ADDRESSES: Inquiries may be addressed to: John 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 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 through
36.608. 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.
On January 12, 1995, the Department published a notice in the
Federal Register (60 FR 2986) announcing its preliminary determination
of equivalency and requesting public comments thereon. The period for
submission of written comments ended on March 13, 1995. In addition,
the Department held public hearings in Seattle, Washington on January
27, 1995, and in Washington, DC on March 27, 1995.
The Department received six written comments and 17 persons
testified at the hearings. Comments and testimony were submitted by
building officials, disability-rights advocates, design professionals,
and interested individuals, including individuals with disabilities.
The Department has read and analyzed each comment, as well as the
testimony submitted at the hearings, and has consulted with the Access
Board.
The vast majority of comments supported certification of the
Washington code. One individual commented that he did not believe the
Washington code was equivalent regarding regulation of maximum
activating force for door and window hardware. However, close
examination of the ADA Standards for Accessible Design reveals that
they do not address maximum activating force for such elements.
Therefore, the Washington code is, in fact, equivalent in this respect.
All the remaining comments supported equivalency and certification.
Based on these comments, the Department has determined that the
Washington code 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
Washington code and has issued a seal of certification.
Limitations of Certification
The certification determination is limited to the version of the
Washington code, including the amendments and interpretations, that has
been submitted to the Department. The certification does not apply to
amendments or interpretations that have not been submitted and reviewed
by the Department.
The certification does 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 rely on the rebuttable
evidence of ADA compliance provided by certification for those
elements. Nor does the certification apply to the Appendix provisions
of the Washington code, which are advisory only. Finally the
certification does 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.
Dated: March 29, 1995.
Deval L. Patrick,
Assistant Attorney General, Civil Rights Division.
[FR Doc. 95-8104 Filed 3-31-95; 8:45 am]
BILLING CODE 4410-01-M
