[Federal Register Volume 63, Number 2 (Monday, January 5, 1998)] [Notices] [Pages 259-260] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 98-149] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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] BILLING CODE 4410-13-M