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Some commenters requested that, if the Department did not adopt ANSI
by reference, the Department declare compliance with ANSI/BCMC to
constitute equivalency with the ADA standards. The Department has not
adopted this recommendation but has instead worked as a member of the
ATBCB to ensure that its accessibility standards are practical and
usable. In addition, as explained under subpart F, Certification of
State Laws or Local Building Codes, the proper forum for further
evaluation of this suggested approach would be in conjunction with the
certification process.
Some commenters urged the Department to allow an additional comment
period after the Board published its guidelines in final form, for
purposes of affording the public a further opportunity to evaluate the
appropriateness of including them as the Departments accessibility
standards. Such an additional comment period is unnecessary and would
unduly delay the issuance of final regulations. The Department put the
public on notice, through the proposed rule, of its intention to adopt
the proposed ADAAG, with any changes made by the Board, as the
accessibility standards. As a member of the Board and of its ADA Task
Force, the Department participated actively in the public hearings held
on the proposed guidelines and in preparation of both the proposed and
final versions of ADAAG. Many individuals and groups commented directly
to the Department's docket, or at its public hearings, about ADAAG. The
comments received on ADAAG, whether by the Board or by this Department,
were thoroughly analyzed and considered by the Department in the context
of whether the proposed ADAAG was consistent with the ADA and suitable
for adoption as both guidelines and standards.
(Just notes)
