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2012 Florida Accessibility Code for Building Construction Pocket Guide

103 Equivalent Facilitation

Nothing in these requirements prevents the use of designs, products, or technologies as alternatives to those prescribed, provided they result in substantially equivalent or greater accessibility and usability. Departure from the explicit technical and scoping requirements of this code for any element voids any otherwise applicable presumption of rebuttable evidence that the element has been constructed or altered in accordance with the minimum accessibility requirements of the ADA.

Advisory 103 Equivalent Facilitation. The responsibility for demonstrating equivalent facilitation in the event of a challenge rests with the covered entity. With the exception of transit facilities, which are covered by regulations issued by the Department of Transportation, there is no process for certifying that an alternative design provides equivalent facilitation.

US Department of Justice “certification” of the Florida Accessibility Code as substantially equivalent to the ADA Standards for Accessible Design means the code meets or exceeds the minimum requirements of Title III of the ADA for accessibility and usability of facilities covered by Title III. Certification provides private entities, complying with the Florida code a “presumption of rebuttable evidence” of compliance with the ADA Title III regulations. However, the “presumption” applies only if the explicit requirements of the code are met. Equivalent Facilitation is authorized for alternate methods of providing accessibility but those alternate methods will not be afforded the “presumption”.             

ETA Editor’s Note:

As of the publication date of this Pocket Guide, the 2012 FACBC has not been certified as equivalent under the 2010 ADA Standards.


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