FOR IMMEDIATE RELEASE CR
MONDAY, JUNE 24, 1996 (202) 616-2765
TDD (202) 514-1888
JUSTICE DEPARTMENT HOLDS HEARING ON WHETHER TEXAS' BUILDING CODE
MEETS STANDARDS SET BY THE AMERICANS WITH DISABILITIES ACT
WASHINGTON, D.C. -- The U.S. Justice Department will ask
Texans for their views Tuesday on whether the state's building code
is equal to a federal law requiring new construction and
alterations to be accessible to people with disabilities.
At a 1:00 PM hearing tomorrow in Room E2.012 of the State of
Texas Capitol Building Extension in Austin, federal officials will
seek public comments from citizens on the Department's preliminary
determination that the Texas Accessibility Standards meet the
requirements of the Americans with Disabilities Act (ADA).
Under the ADA's Standards for Accessible Design, newly
constructed or altered public and commercial facilities must be
built in a way that is accessible to people with disabilities.
States may now apply for certification by the Justice
Department if their building codes are equivalent to the federal
guidelines. "Builders and architects can benefit from Justice
Department certification because it helps to ensure that
construction which meets state requirements also meets federal
requirements," said Assistant Attorney General for Civil Rights
Deval L. Patrick.
Builders who comply with certified state codes will have added
legal protection if sued for violating the federal law.
"Certification is an excellent means of coordinating the
efforts of federal, state, and local governments to implement the
rights of people with disabilities," added Patrick. "Together we
can ensure that the promise of the ADA is fully realized."
If certification is granted, Texas will become only the second
state to have a certified building code. In March 1995, the
Department certified Washington State's building code.
"With a certified building code, building inspectors will be
able to see whether a structure is going to be accessible early in
the process, when mistakes can be easily fixed," added Patrick.
"Certification will result in greater voluntary compliance, fewer
ADA suits, and more accessible buildings."
Presently, most of the complaints received by the Justice
Department against Texas businesses allege that the entities are
not physically accessible to people with disabilities.
Following Tuesday's hearing, a second hearing will be held on
August 1, in Washington, D.C.
Currently, the Department is also reviewing requests for
certification from New Mexico, Utah, Maine, Minnesota, New Jersey
and Florida, as well as codes from a few cities.
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