[Federal Register Volume 69, Number 44 (Friday, March 5, 2004)]
[Notices]
[Pages 10473-10474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4988]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


Office of the Assistant Attorney General for Civil Rights; 
Certification of the State of Maryland Accessibility Code Under the 
Americans With Disabilities Act

AGENCY: Department of Justice.

ACTION: Notice of certification of equivalency.

-----------------------------------------------------------------------

SUMMARY: The Department of Justice (Department) has determined that the 
Maryland Accessibility Code, under .05.02.02 of the Code of Maryland 
Regulations (COMAR), as adopted pursuant to Article 83B, section of 6-
102 of the Annotated Code of Maryland (together, the Maryland law), 
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 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 Maryland law meets or 
exceeds the requirements of the ADA.

DATES: March 5, 2004.

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 Maryland Department of Housing and Community Development 
requested that the Department of Justice (Department) certify that the 
Maryland Accessibility Code, under .05.02.02 of the Code of Maryland 
Regulations (COMAR), as adopted pursuant to Article 83B, section 6-102 
of the Annotated Code of Maryland (together, the Maryland law), meets 
or exceeds the new construction and alterations requirements of title 
III of the ADA.
    The Department has analyzed the Maryland law and has preliminarily 
determined that it meets or exceeds the new construction and 
alterations requirements of title III of the ADA. By letter dated May 
29, 2003, the Department notified the Maryland Department of Housing 
and Community Development of its preliminary determination of 
equivalency.
    On August 15, 2003, 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 October 15, 2003. In addition, the Department 
held public hearings in Ellicott City, Maryland on September 4, 2003, 
and in Washington, DC on October 22, 2003.
    Four individuals provided comments. The commenters included 
government officials, disability rights advocates, and design 
professionals. The Department has analyzed all of the submitted 
comments and has consulted with the U.S. Architectural and 
Transportation Barriers Compliance Board.
    All of the comments supported certification of the Maryland law. 
Based on these comments, the Department has determined that the 
Maryland 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 
Maryland law.

Effect of Certification

    The certification determination will be limited to the version of 
the Maryland 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 Maryland law that are not addressed by the 
ADA Standards for Accessible Design.
    Finally, certification does not apply to variances or waivers 
granted under the Maryland law. Therefore, if a builder receives a 
variance, waiver, modification, or other exemption from the 
requirements of the Maryland law for any element of construction or 
alterations, the certification determination will not constitute 
evidence of ADA compliance with respect to that element.


[[Page 10474]]


    Dated: February 18, 2004.
R. Alexander Acosta,
Assistant Attorney General for Civil Rights.
[FR Doc. 04-4988 Filed 3-4-04; 8:45 am]
BILLING CODE 4410-13-M