[Federal Register Volume 63, Number 110 (Tuesday, June 9, 1998)]
[Notices]
[Pages 31523-31524]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15208]
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DEPARTMENT OF JUSTICE
Office of the Assistant Attorney General for Civil Rights;
Certification of the State of Florida Accessibility Code for Building
Construction 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 Florida
Americans with Disabilities Accessibility Implementation Act, Florida
Statutes Secs. 553.501-553.514, as implemented by the Florida
Accessibility Code for Building Construction, meets or exceeds the new
construction and alterations requirements of title III of the Americans
with Disabilities Act (ADA).
DATES: June 9, 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. Sec. 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 February 2, 1994, the Florida Department of
Community Affairs requested that the Department of Justice (Department)
certify that the Florida Americans with Disabilities Accessibility
Implementation Act, Florida Statutes Secs. 553.501-553.514, as
implemented by the Florida Accessibility Code for Building Construction
(together, the ``Florida law''), meets or exceeds the new construction
and alterations requirements of title III of the ADA.
The Department analyzed the Florida 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 30, 1997, the Department notified the Florida Department of
Community Affairs of its preliminary determination of equivalency.
On October 23, 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 22, 1997. In addition,
the Department held public hearings in Orlando, Florida on December 19,
1997, and in Washington, DC on December 22, 1997.
Ten individuals submitted comments. The commenters included
government officials, disability rights advocates, design
professionals, and other interested individuals. The Department has
analyzed all of the submitted comments and has consulted with the
[[Page 31524]]
U.S. Architectural and Transportation Barriers Compliance Board.
The majority of the comments supported certification of the Florida
law. Three commenters, while not opposing certification of the Florida
law, suggested that there exists a conflict between the Florida law and
the ADA because section 553.509 of the Florida Statutes and sections
4.1.2, 4.1.3, 4.1.6 and 5.4 of the Florida Accessibility Code for
Building Construction (Code) exempt from the requirement of vertical
accessibility ``[o]ccupiable spaces and rooms that are not open to the
public and that house no more than five persons * * * '' (e.g.,
equipment control rooms, projection booths) whereas the ADA Standards
for Accessible Design (Standards) may require vertical accessibility
(e.g., work areas). Because section 553.509 of the Florida Statutes and
sections 4.1.2, 4.1.3, 4.1.6 and 5.4 of the Florida Code provide that
``buildings, structures, and facilities must, at a minimum, comply with
the requirements'' of the ADA Standards, and because sections 4.1.2,
4.1.3, 4.1.6 and 5.4 of the Florida Code further provide that
``facilities subject to the ADA may be required to provide vertical
access to areas otherwise exempt under 4.1.3(5)(3)'' of the Florida
Code, there is no conflict between the Florida law and the ADA.
One comment opposed certification on the ground that the Florida
law exempts churches. 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
Florida 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 Florida
law.
Effect of Certification
The certification determination is limited to the version of the
Florida 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 Florida law that are not addressed by the ADA
Standards.
Finally, certification does not apply to variances or waivers
granted under the Florida law. Therefore, if a builder receives a
variance, waiver, modification, or other exemption from the
requirements of the Florida law for any element of construction or
alterations, the certification determination will not constitute
evidence of ADA compliance with respect to that element.
Dated: May 27, 1998.
Bill Lann Lee,
Acting Assistant Attorney General for Civil Rights.
[FR Doc. 98-15208 Filed 6-8-98; 8:45 am]
BILLING CODE 4410-13-M
