T.

12-10-93

XX (b)(6)
15 1996

Mr. Fred Burgess

Local Union No. 916 AFL-CIO
United Brotherhood of Carpenters
and Joiners of America
P.O. Box 1542
Aurora, Illinois 60507

Dear Mr. Burgess:

I am responding to your letter concerning the Americans with

Disabilities Act (ADA). I apologize for the delay in responding.

The ADA authorizes the Department of Justice to provide

technical assistance to individuals and entities that have rights
or responsibilities under the Act. Pursuant to that authority,
this letter provides informal guidance to assist you in
understanding the ADA. However, this technical assistance does
not constitute a legal interpretation of the statute and it is
not binding on the Department.

You have asked whether there are any procedures available to

you to ensure that specifications and drawings for renovations
are in compliance with title III of the ADA, 42 U.S.C. ​ 12101
et seq., before the necessary permits are issued.

The first issue raised in your letter is the relationship

between State or local law and Federal law in this area. State
and local governments are not authorized to enforce the ADA, to
monitor compliance therewith, or to grant waivers of the ADA's
requirements. Therefore, as you noted, the City of Aurora
Building and Inspection Department is not authorized to certify
that your proposed specifications and drawings satisfy the
requirements of the ADA. Note, however, that the ADA does not
preempt State or local law and, therefore, such laws must be
complied with in addition to the ADA.

As your letter implies, this overlap of State and local law

and the Federal ADA can complicate the building process. To
cc: Records, Chrono, Wodatch, Hill, FOIA, Friedlander
n:\udd\hille\burgessl

01-02824

-2-

address this potential problem, the ADA has provided a process by

which State and local governments may submit their building codes
to the Department of Justice for certification that the
requirements of those codes meet or exceed the requirements of
the ADA. If such certification is granted for a State or local
code, an entity whose building is built in compliance with the
certified code will be able to rely on the certified code as
"rebuttable evidence" of compliance with the ADA. Thus, such
certification, although not a guarantee against findings of
noncompliance, would allow builders to rely on their State or
local codes and on the local systems of preliminary
investigation, approval, and enforcement, rather than having to
do independent reviews of both the local and Federal laws. The
process of certification may be initiated by a State or local
official or entity who has principal authority for administration
of the submitted code.

In the absence of such certification, however, the ADA does

not create a Federal equivalent to the local code enforcement
process. Neither the Department of Justice, nor any other
Federal agency, functions as a "building department" to review
plans, issue permits or certificates, or provide
"interpretations" of the applicable standards. Rather, title III
is generally enforced through compliance reviews, complaint
investigations, and litigation. In short, the ADA is a civil
rights law, rather than a building code, and, like other civil
rights laws, it requires each covered entity to use its best
professional judgment to comply with the statute and the
implementing regulations.

There are, however, numerous sources available to assist you

in understanding and fulfilling the requirements of the ADA. The
primary source of guidance is the Department's title III -
regulation, which includes the ADA Standards for Accessible
Design. The ADA Standards establish minimum standards for the
design and construction of new buildings and for alterations to
existing buildings. These standards provide guidance to those in
the building industry as to how to provide minimum levels of
accessibility.

In addition, this Department has issued a title III

Technical Assistance Manual designed to assist entities subject
to the ADA to understand and satisfy their obligations. Finally,
the Department has established a telephone information line to
respond to any specific inquiries you may have during your
implementation of the ADA requirements. The information line
number is (202) 514-0301 (voice) , (202) 514-0381 (TDD) .

I am enclosing copies of both the regulation implementing

title III of the ADA and the Department's Title III Technical

01-02825

-3-

Assistance Manual. I hope that this information is helpful to

you and that this letter fully responds to your inquiry.

Sincerely,

John L. Wodatch
Chief
Public Access Section

Enclosures

01-02826