[Code of Federal Regulations]
[Title 28, Volume 1]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR36.603]

[Page 560-561]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
                    CHAPTER I--DEPARTMENT OF JUSTICE
 
PART 36--NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS AND IN COMMERCIAL FACILITIES--Table of Contents
 
     Subpart F--Certification of State Laws or Local Building Codes
 
Sec. 36.603  Filing a request for certification.

    (a) A submitting official may file a request for certification of a 
code under this subpart.
    (b) Before filing a request for certification of a code, the 
submitting official shall ensure that--
    (1) Adequate public notice of intention to file a request for 
certification, notice of a hearing, and notice of the location at which 
the request and materials can be inspected is published within the 
relevant jurisdiction;
    (2) Copies of the proposed request and supporting materials are made 
available for public examination and copying at the office of the State 
or local agency charged with administration and enforcement of the code; 
and
    (3) The local or State jurisdiction holds a public hearing on the 
record, in the State or locality, at which the public is invited to 
comment on the proposed request for certification.
    (c) The submitting official shall include the following materials 
and information in support of the request:
    (1) The text of the jurisdiction's code; any standard, regulation, 
code, or other relevant document incorporated by reference or otherwise 
referenced in the code; the law creating and empowering the agency; any 
relevant manuals, guides, or any other interpretive information issued 
that pertain to the

[[Page 561]]

code; and any formal opinions of the State Attorney General or the chief 
legal officer of the jurisdiction that pertain to the code;
    (2) Any model code or statute on which the pertinent code is based, 
and an explanation of any differences between the model and the 
pertinent code;
    (3) A transcript of the public hearing required by paragraph (b)(3) 
of this section; and
    (4) Any additional information that the submitting official may wish 
to be considered.
    (d) The submitting official shall file the original and one copy of 
the request and of supporting materials with the Assistant Attorney 
General. The submitting official shall clearly label the request as a 
``request for certification'' of a code. A copy of the request and 
supporting materials will be available for public examination and 
copying at the offices of the Assistant Attorney General in Washington, 
DC. The submitting official shall ensure that copies of the request and 
supporting materials are available for public examination and copying at 
the office of the State or local agency charged with administration and 
enforcement of the code. The submitting official shall ensure that 
adequate public notice of the request for certification and of the 
location at which the request and materials can be inspected is 
published within the relevant jurisdiction.
    (e) Upon receipt of a request for certification, the Assistant 
Attorney General may request further information that he or she 
considers relevant to the determinations required to be made under this 
subpart.

(Approved by the Office of Management and Budget under control number 
1190-0005)

[56 FR 35592, July 26, 1991, as amended by Order No. 1679-93, 58 FR 
17522, Apr. 5, 1993]