[Federal Register Volume 70, Number 235 (Thursday, December 8, 2005)]
[Notices]
[Pages 73028-73029]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-7072]


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

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.

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

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]
BILLING CODE 4410-13-P