T.

6-16-93 JUN 24 1993 (b)(6) Sebastian, Florida 32976 Dear XX I am responding to your letter asking about the requirements of the Americans with Disabilities Act (ADA). The ADA authorizes the Department of Justice to provide technical assistance to individuals and entities that have rights and responsibilities under the Act. This letter provides informal guidance but does not constitute a determination by the Department of Justice of any State's rights or responsibilities under the ADA, and it is not binding on the Department. You have asked if the ADA requires States to amend their building codes to incorporate the ADA Standards for Accessible Design. The ADA does not require States to amend their building codes that apply to the construction of private buildings to incorporate the requirements of the ADA. However, private entities subject to title II are required to comply with the ADA's accessibility requirements, rather than State code requirements, in circumstances where local code requirements are less stringent than the ADA. If the State code establishes accessibility requirements that are more stringent than the ADA requirements, then the State code provisions must be followed. The illustration provided in your letter indicates that you are concerned specifically with the construction of a dock That will be used by the occupant of a private, residential property. Your example does not specifically state whether the land on which the dock is located is privately owned. If the land on which the dock is located is privately owned, and the dock is exclusively used by the occupant of the residence, then it is not subject to title III of the ADA because a purely residential facility is neither a "place of public accommodation" nor a "commercial facility" as those terms are defined under the ADA. If the land is publicly owned, then the state or local government that owns the land would be required to comply with title II of the ADA in permitting the use of this land. Title II cc: Records, Chrono, Wodatch, Breen, Blizard FOIA, Friedlander n:\udd\blizard\adaltrs\(b)(6) 01-02418​

-2prohibits discrimination on the basis of disability in the operation of the programs, services, and activities of a public entity. Please note that although docks and piers are "facilities" subject to the requirements of the ADA, neither the ADA Accessibility Guidelines issued by the Architectural and Transportation Barriers Compliance Board, nor the regulations issued by the Departments of Justice or Transportation, currently contain specifications for the construction or alteration of accessible docks and piers. Because the ADA has not preempted State regulation in the area of accessible design, the State of Florida is permitted by the ADA to issue regulations that establish accessibility requirements for facilities for which no Federal accessibility standard now exists. For your information, I am enclosing copies of the Department's regulations implementing titles 11 and III, and our technical assistance manuals for titles II and III. I hope that this information is helpful to you. Sincerely,

John L. Wodatch Chief Public Access Section Enclosures 01-02419​ CIVIL RIGHTS DIVISION PUBLIC ACCESS SECTION 93 MAR 29 PM 2:54 24 March 1993 Sebastian, Florida 32976 (b)(6) Mr. John Wodatch Public Access Section Civil Rights Division

U.S. Department of Justice P.O. Box 66738 Washington D.C. 20035-6738 Dear Mr. Wodatch: I recently contacted an operator at the Department of Justice regarding information on the American Disabilities Act of 1990 (ADA). The operator was helpful and provided an answer; however, I would like a written response, and the operator suggested that I write you. My question is as follows: Is the State of Florida, or any agency thereof, required by the ADA to incorporate ADA requirements into the agencies' rules/requirements for permitting/authorizing private, single-family residential docks and piers? Example: An owner of a single-family residential lot makes application to the state to construct a dock to serve his or her lot. The adjacent waterbody is sovereignty, submerged (public) land, and the dock is to be used only by the lot owner and his or her guests for recreational purposes (e.g., boating, fishing). It is not intended to serve the public at large. Does the ADA require the state to permit/authorize only structures that comply with ADA requirements? Please respond in writing to the above address. If you have any questions, please contact me at the above phone number. Thank you for your prompt response and your attention in this matter. Sincerely, (b)(6) 01-02420