Office of the Assistant Attorney General for Civil Rights; Certification of the State of Maine Accessibility Regulations Under the Americans with Disabilities Act

DEPARTMENT OF JUSTICE

Office of the Assistant Attorney General for Civil Rights;

Certification of the State of Maine Accessibility Regulations 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 Maine Human

Rights

[[Page 260]]

Act, 5 MRSA Sec. 4553 et seq., as implemented by the Maine

Accessibility Regulations, meets or exceeds the new construction and

alterations requirements of title III of the Americans with

Disabilities Act (ADA).

DATE: January 5, 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. 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 July 21, 1995, the Maine Human Rights Commission

requested that the Department of Justice (Department) certify that the

Maine Human Rights Act, 5 MRSA section 4553 et seq., as implemented by

the Maine Accessibility Regulations (together, the Maine law), meets or

exceeds the new construction and alterations requirements of title III

of the ADA.

The Department analyzed the Maine 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 23, 1997, the Department notified the Maine Human Rights

Commission of its preliminary determination of equivalency.

On October 2, 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 1, 1997. In addition, the Department

held public hearings in Augusta, Maine on October 17, 1997, and in

Washington, DC on December 2, 1997.

Three individuals submitted comments. Commenters were disability-

rights advocates and an architect. The Department has analyzed all of

the submitted comments and has consulted with the U.S. Architectural

and Transportation Barriers Compliance Board.

Two of the comments supported certification of the Maine law. One

comment, while not opposing certification of the Maine law, inquired

whether the Maine law's coverage of churches (if the building or

facility is open to the public for any reason) is different from the

ADA. 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

Maine 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 Maine

law.

Effect of Certification

The certification determination is limited to the version of the

Maine 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 Maine law that are not addressed by the ADA

Standards for Accessible Design.

Finally, certification does not apply to variances or waivers

granted under the Maine law. Therefore, if a builder receives a

variance, waiver, modification, or other exemption from the

requirements of the Maine law for any element of construction or

alterations, the certification determination will not constitute

evidence of ADA compliance with respect to that element.

Dated: December 12, 1997.

Isabelle Katz Pinzler,

Acting Assistant Attorney General for Civil Rights.

[FR Doc. 98-149 Filed 1-2-98; 8:45 am]

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