[Federal Register Volume 63, Number 110 (Tuesday, June 9, 1998)] [Notices] [Pages 31523-31524] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 98-15208] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF JUSTICE Office of the Assistant Attorney General for Civil Rights; Certification of the State of Florida Accessibility Code for Building Construction Under the Americans With Disabilities Act AGENCY: Department of Justice. ACTION: Notice of certification. ----------------------------------------------------------------------- SUMMARY: The Department of Justice has certified that the Florida Americans with Disabilities Accessibility Implementation Act, Florida Statutes Secs. 553.501-553.514, as implemented by the Florida Accessibility Code for Building Construction, meets or exceeds the new construction and alterations requirements of title III of the Americans with Disabilities Act (ADA). DATES: June 9, 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. Sec. 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 February 2, 1994, the Florida Department of Community Affairs requested that the Department of Justice (Department) certify that the Florida Americans with Disabilities Accessibility Implementation Act, Florida Statutes Secs. 553.501-553.514, as implemented by the Florida Accessibility Code for Building Construction (together, the ``Florida law''), meets or exceeds the new construction and alterations requirements of title III of the ADA. The Department analyzed the Florida 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 30, 1997, the Department notified the Florida Department of Community Affairs of its preliminary determination of equivalency. On October 23, 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 22, 1997. In addition, the Department held public hearings in Orlando, Florida on December 19, 1997, and in Washington, DC on December 22, 1997. Ten individuals submitted comments. The commenters included government officials, disability rights advocates, design professionals, and other interested individuals. The Department has analyzed all of the submitted comments and has consulted with the [[Page 31524]] U.S. Architectural and Transportation Barriers Compliance Board. The majority of the comments supported certification of the Florida law. Three commenters, while not opposing certification of the Florida law, suggested that there exists a conflict between the Florida law and the ADA because section 553.509 of the Florida Statutes and sections 4.1.2, 4.1.3, 4.1.6 and 5.4 of the Florida Accessibility Code for Building Construction (Code) exempt from the requirement of vertical accessibility ``[o]ccupiable spaces and rooms that are not open to the public and that house no more than five persons * * * '' (e.g., equipment control rooms, projection booths) whereas the ADA Standards for Accessible Design (Standards) may require vertical accessibility (e.g., work areas). Because section 553.509 of the Florida Statutes and sections 4.1.2, 4.1.3, 4.1.6 and 5.4 of the Florida Code provide that ``buildings, structures, and facilities must, at a minimum, comply with the requirements'' of the ADA Standards, and because sections 4.1.2, 4.1.3, 4.1.6 and 5.4 of the Florida Code further provide that ``facilities subject to the ADA may be required to provide vertical access to areas otherwise exempt under 4.1.3(5)(3)'' of the Florida Code, there is no conflict between the Florida law and the ADA. One comment opposed certification on the ground that the Florida law exempts churches. 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 Florida 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 Florida law. Effect of Certification The certification determination is limited to the version of the Florida 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 Florida law that are not addressed by the ADA Standards. Finally, certification does not apply to variances or waivers granted under the Florida law. Therefore, if a builder receives a variance, waiver, modification, or other exemption from the requirements of the Florida law for any element of construction or alterations, the certification determination will not constitute evidence of ADA compliance with respect to that element. Dated: May 27, 1998. Bill Lann Lee, Acting Assistant Attorney General for Civil Rights. [FR Doc. 98-15208 Filed 6-8-98; 8:45 am] BILLING CODE 4410-13-M