FREQUENTLY ASKED QUESTIONS

Question:	Does the State of Delaware have some type of uniform accessibility code?
Answer:	No
Question:	What, then, are the State of Delaware Architectural Accessibility Standards?
Answer:	This is the document used for State facilities only and is combined with the standards listed in ICC/ANSI A117.1 – 2003 to determine what accessible design criteria will ultimately be followed.
Question:	Will the Architectural Accessibility Board review plans and drawings for design compliance for commercial buildings (for example, a new mall or new office building)?
Answer:	No. The AAB’s authority is only for State owned facilities or facilities constructed or altered using State funding.
Question:	Who has the responsibility for enforcing the Americans with Disabilities Act (ADA)?
Answer:	Only the federal government can enforce a federal act.
Question:	Who is responsible for ensuring that buildings and facilities are accessible to a disabled person?
Answer:	The owner of the building is usually responsible for ensuring that the ADA is being followed. Sometimes this responsibility is shared with the operator or tenant.
Question:	If a building is being constructed or altered and it is not a State owned facility, who then has the responsibility for ensuring that accessibility standards are being met?
Answer:	The local code official has this responsibility. Normally, the model codes include accessibility in their requirements by referencing a certain set of design standards. For example, the BOCA Building Code covers accessibility in their chapter 11 by referencing the ANSI standards. When the local jurisdiction adopts the BOCA code, they have also adopted ANSI A117.1. This would be the same for the other model codes. Their enforcement activities for accessibility would then be the same as their other enforcement obligations.
Question:	Who would someone call if there is an accessibility complaint about existing architectural barriers or about the lack of accessibility to a building or facility?
Answer:	The code official who has the responsibility for code compliance in that jurisdiction. If the complaint is about a State of Delaware facility, the AAB’s Chief Administrator should be contacted. If the complaint is about a place of public accommodation, say a restaurant or some other facility used by the general public, then the code official who enforces the local building codes for that area should be contacted. If there is a violation of the ADA, the federal Department of Justice should be contacted.

Last Updated: Friday November 14 2008