DJ 202-PL-320 APR 19 1993 Mr. Joseph A.

DiCicco Office of Building Inspector 1 Turner Lane Randolph, Massachusetts 02368-3927 Dear Mr. DiCicco: This letter is in response to your inquiry of August 31, 1992, about the application of the Americans with Disabilities Act to certain rooms and meeting halls owned or operated by the Town of Randolph. 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 of Justice. In general, title II of the ADA requires all State and local governments to make all of the programs and services that they provide to their citizens accessible to persons with disabilities. This requirement, commonly referred to as "program access," means that a State or local government must operate each service, program, or activity so that when it is viewed in its entirety, it is accessible to persons with disabilities. In addition, in order to ensure that State and local governments take the necessary steps to make their programs and services accessible to persons with disabilities, title II of the ADA and its implementing regulation (enclosed) require all State and local governments to complete, by January 26, 1993, a selfevaluation of all of their current services, policies and practices. Among other things, as part of this self-evaluation State and local governments must determine whether any physical barriers to access bar individuals with disabilities from any of the programs or services it provides to its citizens. cc: Records, Chrono, Wodatch, Magagna, Contois, FOIA Udd: Contois:PL:Dicicco

-2The requirements relating to the basic requirement of program access are discussed on pages 35,708-35,709 of the enclosed title II regulation. This requirement is also discussed in the enclosed title II technical assistance manual on pages 1920. The self-evaluation requirements are discussed on pages 35,701-35,702 of the enclosed title II regulation, and on pages 40-43 of the technical assistance manual. In regard to your question about whether the ADAAG or UFAS requirements apply to your facilities, the title II regulation, section 35.151, allows public entities to choose which set of standards to follow. Moreover, you may choose to follow one set of standards in one building, and the other in another building. Section 35.151 is discussed in more detail on pages 35,710-35,711 of the title II regulation. The technical assistance manual also discusses the choice you may make, and the differences between ADAAG and UFAS, on pages 23 through 32. I hope this information is useful to you in understanding the requirements of the ADA. Sincerely, Joan A. Magagna Deputy Chief Public Access Section Enclosures (2) Title II regulation Title II Technical Assistance Manual

United States Architectural and Transportation Barriers Compliance Board Mr. John Wodatch Office on the Americans with Disabilities Act Civil Rights Division U.S. Department of Justice Washington, DC 20530 Dear Mr. Wodatch: Please find enclosed one letter addressed to the Access Board requesting assistance regarding the ADA. It is our opinion that they address issues more appropriately under the purview of the Department of Justice. Please respond directly to the parties requesting assistance. We have notified them that we have forwarded their inquiries to your office. Sincerely, Marsha K. Mazz Technical Assistance Coordinator Enclosure

The Access Board

Town of Randolph Office of BUILDING INSPECTOR 1 TURNER LANE RANDOLPH, MASS. 02368-3927 (617) 963-4540 August 31, 1992 U.S. Architectural and Transportation Barriers Compliance Board 1111 18th Street, N.W.; Suite 501 Washington, D.C. 20036-3894 Gentlemen and Ladies: In the Town of Randolph, Massachusetts, the writer has been appointed to act as the A.D.A. coordinator. After discussion with individuals of the Boston Office of H.U.D. and the Commonwealth's office Communities and Development , many questions remain unanswered regarding facilities in the Town of Randolph. The following facts are presented for review and historical purposes so that you may answer, or refer, the questions enumerated further along in this letter. 1. The Town of Randolph employs about 220 employees, plus the school department employs 400 persons, and the Randolph Housing Authority (which has three facilities at three different locations ) employs an additional six persons. The housing authority buildings are 100% subsidized by the Commonwealth of Massachusetts, who also pay the salaries of the said six persons. 2. In the three different and separate complexes are four miscellaneous halls whose occupancy capacities vary. One room has a maximum capacity of 180 persons; another has 200 persons; another 60 persons; and the last has a capacity of 75 persons for the meeting rooms/halls. Two of these places of assembly are open to the public and two are not. Question 1:

Under the ADA or any other federal law or laws, must the two miscellaneous halls, open to the public be surveyed for ADA or any other applicable accessible requirements? Question 2: Under the ADA or any other federal law or laws, must the two remaining miscellaneous hall not open to the public be surveyed for ADA or any other accessibility requirements? --------------------------------------------------------USATB (con't) Question 3: Is Title II of the A.D.A. in force in these four meeting rooms? Question 4: If these four meeting rooms or any lesser amount must be inspected, which requirements are applicable - A.D.A.A.G. or U.F.A.S. - and under which authority, law, rule, etc.? If you do not have jurisdiction over any of these questions, etc., please forward this letter to the proper authority having jurisdiction. An early reply would be greatly appreciated. If you wish any further information., please call the Randolph Building Department, at (617) 963-4540 between the hours of 8:00 AM to 9:30 AM or 3:00 PM to 4:30 PM, Monday thru Friday. These are the hours when you would be able to speak directly with Mr. Joseph L. Pace, Building Commissioner, Ms. Mary C. McNeil, Local Inspector, or the writer, Local Inspector; at other times, we may not be in the office. Thank you very much for your cooperation in this matter. Very truly yours, Joseph A.DiCicco, Architectural Access and American Disabilities Act Surveyor 2. 8/31/92

JAD/mcm cc: Board of Selectmen, Office Manager/Clerk, B. of Selectmen, Municipal Space Needs Committee, Randolph Housing Authority and Director, Building Department (4).