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5-25-93

DJ 202-PL-232 JUN 7 1993(stamp)

Mr. Richard Buchanan, AIA Vice President Building Analytics 528 State Street Glendale, California 91203 Dear Mr. Buchanan: This letter responds to your correspondence regarding the application of the Americans with Disabilities Act (ADA) to existing buildings and facilities of the California State University system. The ADA authorizes the Department of Justice to provide technical assistance and information to individuals and entities who have questions about the Act or the Americans with Disabilities Act Accessibility Guidelines (ADAAG). This letter provides informal guidance to assist you in understanding and complying with the ADA accessibility standards. However, this technical assistance should not be viewed as legal advice or a legal opinion about your rights or responsibilities under the ADA. Section 35.150 of the Department of Justice's Final Rule for Title II states that a public entity, such as a State University, is required to provide "program accessibility," i.e., each service, program, or activity conducted by a public entity, when viewed in its entirety, must be readily accessible to and usable by individuals with disabilities. This requirement is not a mandate to make all buildings accessible but rather to assure that, in the most integrated setting appropriate, individuals with disabilities can participate in the services, programs, or activities that are provided by the university. Structural changes (physical changes) in existing facilities are required only when there is no other feasible way to provide program

accessibility. In existing buildings, when program accessibility can be provided only through architectural modifications of the physical cc: Records, Chrono, Wodatch, Magagna, Harland, FOIA, Friedlander n:\udd\mercado\plcrtltr\buchanan.ewh 01-02336

-2plant, those alterations must be done in compliance with ADA standards. Section 35.151 establishes that either the Uniform Federal Accessibility Standards (UFAS) or the Americans with Disabilities Act Accessibility Guidelines (ADAAG) may be used, except that the ADAAG elevator exemption does not apply. The ADA establishes minimum standards for accessibility but does not preempt other accessibility regulations in force in the locality. If a particular provision of a State or local accessibility code, such as California's Title 24, is more stringent than a similar ADA provision, conformance with the local provision is still required. When a public entity has already complied with selfevaluation requirements of a regulation implementing section 504 of the Rehabilitation Act of 1973, the self-evaluation required by ​35.105 applies only to policies and practices not included in the earlier self-evaluation. However, because programs and functions may have changed in the years since the 504 evaluation was done, a public entity may choose to evaluate all its programs and practices in light of the ADA requirements. We hope that this information is helpful to you in understanding the requirements of the ADA regulations. Sincerely, John L. Wodatch Chief Public Access Section

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