32.

Certification of Building Codes

The DRS certifies State and local accessibility codes under Title III. State and local governments are neither required nor authorized to enforce Title III through the existing systems of building code enforcement, but these jurisdictions may ask the Department to review their accessibility codes and to certify that these codes meet or exceed the ADA requirements for new construction or alteration of facilities. Code certification does not delegate ADA enforcement authority, but compliance with a certified State or local code will constitute rebuttable evidence of compliance with the ADA in any enforcement litigation. Certification does not preclude ADA litigation, but effective enforcement of State and local accessibility codes may eliminate the need for litigation by ensuring that buildings are designed, constructed, or altered in an accessible manner.