Certification of Washington State Regulations for Barrier Free Design Under the Americans With Disabilities Act

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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