Q. Does the State of Delaware have some type of uniform accessibility code?
Q. What is the State of Delaware Architectural Accessibility Standards?
A. This is the document used only for State of Delaware government owned or leased facilities, or facilities constructed or altered with State funding, either in total or in part. These standards are followed in combination with the local building code and with the guidelines established under the Americans with Disabilities Act (ADA).
Q. Will the Architectural Accessibility Board review plans and drawings for design compliance for commercial buildings (for example, a new mall or new office building)?
A. No. The AAB's authority is only for those facilities as noted above.
Q. Who has the responsibility for enforcing the Americans with Disabilities Act (ADA)?
A. Only the federal government can enforce the requirements of a federal act.
Q. Who is responsible for ensuring that buildings and facilities are accessible to persons with disabilities?
A. The building owner is usually responsible for ensuring compliance with accessibility requirements. Sometimes this responsibility is shared by the building owner and the tenant.
Q. If a building is being constructed or altered and it is not a State of DE owned facility, who has the responsibility for ensuring that construction complies with the appropriate accessibility codes?
A. The local code official has this responsibility. The International Building Code (now being followed throughout Delaware) references the ANSI A117.1 standards for accessibility. This standard, along with the scoping activities stated in the building code, would then determine the enforcement obligations that should be followed to determine compliance.
Q. Who would someone call if there is an accessibility complaint regarding existing architectural barriers or about the lack of accessibility within a building or facility?
A. The person should call the code official who has the responsibility for code compliance in that jurisdiction. If the complaint is about a State of DE government owned facility, the AAB's Chief Administrator should be contacted. If the complaint pertains to a place of public accommodation or a commercial facility, and it is believed that the ADA is being violated, the federal Dept. of Justice should be contacted.