Office of the Assistant Attorney General for Civil Rights; Certification of the North Carolina Accessibility Code Under the Americans With Disabilities Act; Informal Hearing, 18053 [05-7034]

Agencies

• Department of Justice

[Federal Register Volume 70, Number 67 (Friday, April 8, 2005)]
[Notices]
[Page 18053]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-7034]


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DEPARTMENT OF JUSTICE


Office of the Assistant Attorney General for Civil Rights; 
Certification of the North Carolina Accessibility Code Under the 
Americans With Disabilities Act; Informal Hearing

AGENCY: Department of Justice.

ACTION: Notice of preliminary determination of equivalency and 
opportunity to submit written comments, and hearing on proposed 
determination.

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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 proposes to issue a final certification, pursuant to 42 
U.S.C. 12188(b)(1)(A)(ii) and 28 CFR 36.601 et seq., which would 
constitute 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. The Department will hold an 
informal hearing on the proposed certification in Cary, North Carolina.

DATES: To be assured of consideration, comments must be in writing and 
must be received on or before June 7, 2005. The hearing in Cary, North 
Carolina is scheduled for Monday, May 16, 2005, at 1 p.m. eastern time.

ADDRESSES: Comments on the preliminary determination of equivalency and 
on the proposal to issue final certification of equivalency of the NCAC 
should be sent to: 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.
    The hearing will be held at: Bond Park Community Center, 150 Metro 
Park Drive, Cary, NC 27512.

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). Copies of the NCAC and 
supporting materials may be inspected by appointment at 1425 New York 
Avnue, NW., Suite 4039, Washington, DC by calling Linda Garrett at 
(202) 353-0423 TTY, or by e-mail at Linda.Garrett@usdoj.gov.

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 200w 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 the Department's preliminary determination of equivalency.

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 governmental 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 alterations requirements of title III of the ADA, 
including the ADA Standards for Accessible Design.
    Certification also will not apply to variances or waivers granted 
under the NCAC. Therefore, if a builder receives a variance, waiver, 
modification, or other exemption from the requirements of the NCAC for 
any element of construction or alterations, the certification 
determination will not constitute evidence of ADA compliance with 
respect to that element. Similarly, certification will not apply if 
other North Carolina building codes provide an exemption from the ADA 
required minimum accessibility requirements.

Procedure

    The Department will hold an informal hearing in North Carolina 
during the 60-day comment period to provide an opportunity for 
interested persons, including individuals with disabilities, to express 
their views with respect to the preliminary determination of 
equivalency for the North Carolina law. Interested parties who wish to 
testify at the hearing should contact Linda Garrett at (202) 353+-0423 
TTY or by e-mail at Linda.Garrett@usdoj.gov.
    The hearing site will be accessible to individuals with 
disabilities. Individuals who require sign language interpreters or 
other auxiliary aids should contact Linda Garrett at (202) 353-0423 
TTY, or by e-mail at Linda.Garrett@usdoj.gov.

    Dated: March 31, 2005.
R. Alexander Acosta,
Assistant Attorney General for Civil Rights.
[FR Doc. 05-7034 Filed 4-7-05; 8:45 am]
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