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Many of the comments received from business organizations, as well
as those from some individuals and disability rights groups, addressed
the relationship of the ADA requirements and their enforcement, to
existing State and local codes and code enforcement systems. These
commenters urged the Department to use existing code-making bodies for
interpretations of the ADA, and to actively participate in the
integration of the ADA into the text of the national model codes that
are adopted by State and local enforcement agencies. These issues are
discussed in preamble section 36.406 under General comments.
Many commenters urged the Department to evaluate or certify the
entire code enforcement system (including any process for hearing
appeals from builders of denials by the building code official of
requests for variances, waivers, or modifications). Some urged that
certification not be allowed in jurisdictions where waivers can be
granted, unless there is a clearly identified decision-making process,
with written rulings and notice to affected parties of any waiver or
modification request. One commenter urged establishment of a dispute
resolution mechanism, providing for interpretation (usually through a
building official) and an administrative appeals mechanism (generally
called Boards of Appeal, Boards of Construction Appeals, or Boards of
Review), before certification could be granted.
(Just notes)
