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The Department thoroughly considered these proposals but has
declined to provide for certification of processes of enforcement or
administration of State and local codes. The statute clearly authorizes
the Department to certify the codes themselves for equivalency with the
statute; it would be ill-advised for the Department at this point to
inquire beyond the face of the code and written interpretations of it.
It would be inappropriate to require those jurisdictions that grant
waivers or modifications to establish certain procedures before they can
apply for certification, or to insist that no deviations can be
permitted. In fact, the Department expects that many jurisdictions will
allow slight variations from a particular code, consistent with ADAAG
itself. ADAAG includes in Sec. 2.2 a statement allowing departures from
particular requirements where substantially equivalent or greater access
and usability is provided. Several sections specifically allow for
alternative methods providing equivalent facilitation and, in some
cases, provide examples. (See, e.g., section 4.31.9, Text Telephones;
section 7.2(2) (iii), Sales and Service Counters.) Section 4.1.6
includes less stringent requirements that are permitted in alterations,
in certain circumstances.
(Just notes)
