DOJ Statement - Promoting Accessibility Through Building Codes
The Civil Rights Division of the U.S. Department of Justice
recognizes that barriers in the built environment pose a serious
impediment to the full integration of people with disabilities into
society. Federal law has attempted to address the lack of
accessibility in certain residential buildings through the design
and construction requirements of the Fair Housing Act and in
commercial and public properties through the design and
construction requirements of the Americans with Disabilities Act.
These properties also may be subject to other federal accessibility
requirements such as Section 504 of the Rehabilitation Act. Many
states have enacted laws mandating accessibility for people with
disabilities in housing, public sector and business properties.
Most states or localities in this country have adopted building
codes to govern construction within their jurisdictions. These
building codes are enforced by local or state code officials. The
Civil Rights Division believes that incorporation of the design and
construction requirements of the Fair Housing Act and the Americans
with Disabilities Act into building codes represents an opportunity
to enhance compliance with these federal laws.
Some model codes and some state and local codes include provisions
that may afford an even greater degree of accessibility in some
respects than does federal law. We support such measures and
efforts to improve accessibility in the built environment so that
more persons with disabilities can fully participate in the
mainstream of American life.