Federal Register / Vol. 60, No. 63 / Monday, April 3, 1995 / Notices 16887

(6) Not applicable under Section

3504(h) of Public Law 96–511.

Public comment on this item is

encouraged.

Dated: March 28, 1995.

Robert B. Briggs,

Department Clearance Officer, United States

Department of Justice.

[FR Doc. 95–8052 Filed 3–31–95; 8:45 am]

BILLING CODE 4410–02–M

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.

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