[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]
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