DJ 202-PL-30 SEP 17 1992 (b)(6) XXXXXXXX Nanticoke, Pennsylvania XXXXX Dear Mr.

(b)(6) This is in response to your letter requesting information about the Americans with Disabilities Act (ADA). The ADA authorizes the Department of Justice to provide technical assistance to individuals and entities having rights or obligations under the Act. This letter provides informal guidance to assist you in understanding the ADA's requirements. However, it does not constitute a legal interpretation or legal advice, and it is not binding on the Department. You ask whether titles II and III of the ADA apply to the conversion of a fire-damaged hotel into a personal care center for the elderly where inspection, licensing, and occupancy will occur after January 26, 1992. You also ask whether the State can obtain a waiver of the Americans with Disabilities Act Accessibility Guidelines (ADAAG) for this building. You indicate that the facility will receive financial assistance from a state or local government. Title II of the ADA applies to the programs, activities, and services of State or local governments. It does not apply to private entities that receive assistance from a State or local government. Thus, if the facility in question receives financial assistance but is not owned or operated by the State or local government, title II does not apply. If the facility receives Federal funding, the Rehabilitation Act of 1973 applies and bans discrimination on the basis of disability and prescribes accessibility requirements for the facility. Title III of the ADA applies to privately owned or operated facilities that fall within one of the twelve categories of "places of public accommodation" listed in that title. If the facility provides a significant enough level of social services that it can be considered a social service center establishment, cc: Records, Chrono, Wodatch, Magagna, Novich, Friedlander, FOIA Udd:Novich:policy.pl.30.ltr 01-01536​ -2it is thus covered by title III. Social services in this context include, for example, medical care, meals, transportation, and counseling. If, however, the facility is strictly residential in

nature or only minimal services are provided to residents, it is not covered by title III. In this situation the facility may be covered by the nondiscrimination and accessibility requirements of the Fair Housing Act, as amended. A facility that provides extensive "personal care" services is likely to be a social service center establishment covered under the ADA. Assuming the facility is covered as a place of public accommodation under title III, and assuming that the conversion is a building alteration rather than a new construction project, the title III alterations requirements apply, if the alteration began after January 26, 1992. If so, the alteration must meet the standards of the ADA Accessibility Guidelines "to the maximum extent feasible." If the alteration began before January 26, 1992, the building is subject to the requirements applicable to existing facilities -- that is, to remove architectural barriers to accessibility where it is "readily achievable" to do so. No State or municipality may obtain a waiver of ADA requirements or architectural standards. A State or municipality may obtain from the Department of Justice a certification that its standards meet or exceed ADA requirements. The certification process allows for public notice, comment and hearing. A building that is constructed in strict compliance with a certified code, without waivers or variance, may use the certification as rebuttable evidence of ADA compliance. State and local governments are not required to obtain certification or to enact building codes that conform to the ADA, nor are State or local officials required to enforce the requirements of the ADA. However, owners and builders should be aware that compliance with State or local accessibility code requirements may be insufficient to meet their ADA obligations. For further discussion of these issues, please consult the enclosed ADA regulations under titles II and III and Technical Assistance Manuals dealing with both titles. I hope this information is useful to you. Sincerely, John L. Wodatch Director Office on the Americans with Disabilities Act Enclosures (4) 01-01537​ Dec. 7, 1991 (b)(6)

Nanticoke,Pa. XXXX Dear Sir, Recently I contacted the Penna. Dept. of Labor and Industry to find out if a fire damaged hotel in my community, being converted to a 75 room personal care center for the elderly, and scheduled to be inspected,licensed and opened after Jan. 26, 1992 had to comply with Title II & III of the Americans with Disabilities Act for accessibility. It is to receive financial help from what I believe to be an instrument of the state and local government. I was told that Labor and Industry will address this after Jan.1,1992 and then he proceeded to tell me how Pa. would like to get a waiver from the federal govt., to use their standards of accessibility instead of the Architectural Barriers Comm. standards. Some parts of the project, such as concrete work, have a life expectancy of decades and will effect the disabled for many years. I would like to know if projects in Pa. scheduled to be completed, licensed and opened after Jan. 26,1992 are covered by Title II & III of the Act? If so, then why isn't Labor and Industry enforcing it? As for the waiver of your standards, I am against it. A disabled person traveling around the country has a right to know what to expect. That is what's meant by the term "Uniform"standards. A disabled person should not have to check out all irregularities of design to see if that particular state has different rules or had a shoddy inspector or granted some political croonie a varience. Standards should be uniform in all states. If such a waiver is granted however, it should state that in conflicting rules, the more stringent of the two rules shall apply. Sincerely, (b)(6) 01-01538