In jurisdictions that have received certification from the Department of Justice, design and construction professionals, and building owners can generally refer to the accessibility requirements of the certified code to determine what is required in order to comply with the accessible design standards of the ADA.
In those jurisdictions that do not have a code that has been certified as ADA equivalent by the Department of Justice, reference must be made to the federal ADA accessibility requirements, which include the ADA Standards for Accessible Design, to determine what is required to comply with the ADA.
Design and construction professionals, and building owners who rely solely on the accessibility provisions of an uncertified state/local building code, i.e., one that has not been certified by the Department of Justice to be equivalent with the ADA accessibility standards, risk noncompliance with the ADA.
The bottom line: Designing and constructing buildings and facilities in compliance with ADA certified state/local codes will result in greater compliance with the ADA and significantly fewer ADA lawsuits. And, should someone file an ADA lawsuit, compliance with a certified code is rebuttable evidence of compliance with the ADA. BACK TO QUESTION
