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Subpart F--Certification of State Labs or Local Building Codes
Subpart F establishes procedures to implement section
308(b)(1)(A)(ii) of the Act, which provides that, on the application of
a State or local government, the Attorney General may certify that a
State law or local building code or similar ordinance meets or exceeds
the minimum accessibility requirements of the Act. In enforcement
proceedings, this certification will constitute rebuttable evidence that
the law or code meets or exceeds the ADA's requirements.
Three significant changes, further explained below, were made from
the proposed subpart, in response to comments. First, the State or local
jurisdiction is required to hold a public hearing on its proposed
request for certification and to submit to the Department, as part of
the information and materials in support of a request for certification,
a transcript of the hearing. Second, the time allowed for interested
persons and organizations to comment on the request filed with the
Department (Sec. 36.605(a)(1)) has been changed from 30 to 60 days.
Finally, a new Sec. 36.608, Guidance concerning model codes, has been
added.
(Just notes)
