[Federal Register Volume 60, Number 8 (Thursday, January 12, 1995)] [Notices] [Pages 2987-2988] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 95-743] ----------------------------------------------------------------------- DEPARTMENT OF JUSTICE Certification of Washington State Regulations for Barrier Free Design Under the Americans With Disabilities Act AGENCY: Department of Justice. ACTION: Notice of Hearings. ----------------------------------------------------------------------- SUMMARY: The Department of Justice will hold informal hearings on the proposed certification 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) in Washington, DC and Seattle, Washington. DATES: The hearing in Seattle, Washington is scheduled for January 27, 1995 at 9:00 AM, Pacific Time, The hearing in Washington, DC is scheduled for March 27, 1995 at 9:30 AM, Eastern Time. ADDRESSES: The hearings will be held at Washington, DC: U.S. Department of Justice, Civil Rights Division, Public Access Section, 1425 New York Avenue, NW., Room 4064, Washington, DC. Seattle, Washington: National Oceanic and Atmospheric Administration (NOAA), Building Nine (9) Auditorium, 7600 Sand Point Way, NE., 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, DC 20035-6738. Telephone number (800) 514-0301 (Voice), (800) 514-0383 (TDD). Copies of this notice are available in formats accessible to individuals with vision impairments and may be obtained from the Public Access Section at (800) 514-0301 (Voice) or (800) 514-0383 (TDD). [[Page 2988]] SUPPLEMENTARY INFORMATION: Background The ADA authorizes the Department of Justice (Department), upon application by a State or local government, to certify that a State or local law that establishes accessibility requirements meets or exceeds the maximum requirements of title III of the ADA for new construction and alterations. 42 U.S.C. 12188(b)(1)(A)(ii); 28 C.F.R. 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 by the Attorney General 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 preliminary 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 rely 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. Comments and Hearings On January 12, 1995 the Department published a notice in the Federal Register announcing that it had preliminarily determined that the Washington code meets or exceeds the new construction and alterations requirements of title III of the ADA. The Department also noted that it intended to issue final certification of the Washington code and requested written comments on the preliminary determination and the proposed final certification. Finally, the Department noted that it intended to hold informal hearings in Washington, D.C. and Seattle, Washington. The purpose of the informal hearings is 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 (202) 307-0663 (Voice/TDD). This is not a toll-free number. The meeting sites will be accessible to individuals with disabilities. Individuals who require sign language interpreters or other auxiliary aids should contact Tito Mercado at (202) 307-0663 (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. 95-743 Filed 1-11-95; 8:45 am] BILLING CODE 4410-01-M