28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities NPRM: Preamble (2008 Title III NPRM Preamble)

Certification.

The current title III regulation provides that state or local governments may apply to the Department for certification that state laws or local building codes comply with or exceed the minimum accessibility requirements of the ADA.  The current submission requirements and certification process, however, have proved onerous for state and local governments and for the Department.  Many have urged the Department to streamline the certification process and make it less cumbersome for state and local jurisdictions.

In keeping with the Department's efforts to clarify legal obligations under the ADA and harmonize requirements with other federal laws and model codes, the proposed rule includes amendments to subpart F (§§ 36.601-36.608) to streamline the certification process.  The proposed changes are intended to provide more flexibility in the certification process and shorten the overall time involved.  The Department believes that the adoption of the 2004 ADAAG will help achieve these goals because it has been further harmonized with model codes.  The specific changes to subpart F are described below in the section-by-section analysis.