[Federal Register: December 8, 2005 (Volume 70, Number 235)]
[Notices]
[Page 73028-73029]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08de05-97]
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DEPARTMENT OF JUSTICE
Office of the Assistant Attorney General for Civil Rights;
Certification of the State of North Carolina Accessibility Code Under
the Americans With Disabilities Act
AGENCY: Department of Justice.
ACTION: Notice of certification of equivalency.
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SUMMARY: The Department of Justice (Department) has determined that the
2002 North Carolina Accessibility Code with 2004 Amendments (NCAC)
meets or exceeds the new construction and alterations requirements of
title III of the Americans with Disabilities Act of 1990 (ADA). The
Department has issued a certification of equivalency, pursuant to
[[Page 73029]]
42 U.S.C. 12188(b)(1)(A)(ii) and 28 CFR 36.601 et seq., which
constitutes rebuttable evidence, in any enforcement proceeding, that a
building constructed or altered in accordance with the NCAC meets or
exceeds the requirements of the ADA.
DATES: December 8, 2005.
FOR FURTHER INFORMATION CONTACT: John L. Wodatch, Chief, Disability
Rights Section, Civil Rights Division, U.S. Department of Justice, 950
Pennsylvania Avenue, NW., 1425 NYA Building, Washington, DC 20530.
Telephone number (800) 514-0301 (Voice) or (800) 514-0383 (TTY).
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 (TTY).
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. Final
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.
The North Carolina Department of Insurance requested that the
Department of Justice (Department) certify that the 2002 North Carolina
Accessibility Code with 2004 Amendments (NCAC) meets or exceeds the new
construction and alterations requirements of title III of the ADA.
The Department has analyzed the NCAC and has preliminarily
determined that it meets or exceeds the new construction and
alterations requirements of title III of the ADA. By letter dated March
17, 2005, the Department notified the North Carolina Department of
Insurance of its preliminary determination of equivalency.
On April 8, 2005, 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 June 7, 2005. In addition, the Department
held public hearings in Cary, North Carolina on May 16, 2005, and in
Washington, DC, on June 20, 2005.
Seven individuals provided comments. The commenters included design
professionals, disability rights advocates, government officials, and
other interested individuals. The Department has analyzed all of the
submitted comments and has consulted with the U.S. Architectural and
Transportation Barriers Compliance Board.
The majority of the comments the Department received supported
certification of the NCAC. Two commenters, while not opposing
certification of the NCAC, had questions about the State's enforcement
of the NCAC. Based on these comments, the Department has determined
that the NCAC 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 NCAC.
Effect of Certification
The certification determination will be limited to the version of
the NCAC 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 NCAC, but are not addressed by the new
construction and alterations requirements of title III of the ADA,
including the ADA Standards for Accessible Design.
Finally, certification does not apply to variances or waivers
granted under the NCAC. Certification also does not apply if other
State building codes provide exemptions from the NCAC requirements.
Therefore, if a builder receives a variance, waiver, modification, or
other exemption from the requirements of the NCAC for any element of
new construction or alterations, the builder would not be in compliance
with the ADA and would not be able to benefit from certification's
rebuttable evidence of ADA compliance with respect to that element.
Wan J. Kim,
Assistant Attorney General for Civil Rights.
[FR Doc. E5-7072 Filed 12-7-05; 8:45 am]
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February 06, 2005