[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