Retyped 3/8/94 SBC:LMS:ca DJ 204-51-0

MAR 11 1994

The Honorable Benjamin A. Gilman U. S. House of Representatives 2185 Rayburn Building Washington, D.C. 20515-3220 Dear Congressman Gilman: This letter responds to your recent inquiry on behalf of your constituent, Ronald Scott, the Mayor of the Village of Bloomingburg, New York. Mayor Scott states that the Village of Bloomingburg has recently purchased an existing building and will be moving the Village's office, the Justice of the Peace Court, and the Village's public library to the newly purchased facility. Mayor Scott seeks suggestions concerning accessibility by individuals with disabilities to the newly purchased facility. We apologize for the delay in responding. To clarify Mayor Scott's request, an attorney from our Division called and discussed the matter with an employee of the Village. We were informed that the newly purchased facility has two stories. The Village will occupy the first floor with the second floor being used for storage. There is an existing ramp at a side entrance to the building. The Village will be doing significant alterations to the first floor of the building including electrical wiring, plumbing, and the construction of walls or dividers for the different offices of the Village government. Also, the Village employee stated since there are no restrooms on the first floor, the Village plans on installing restrooms on that level. Title II of the Americans with Disabilities Act (ADA) prohibits discrimination against qualified individuals with disabilities by state and local governments such as the Village of Bloomingburg. For your information we are enclosing a copy of the Department of Justice's title II regulation, 28 C.F.R. Part 35, that implements title II of the ADA and a copy of our Title II Technical Assistance Manual that provides additional information on title IIs requirements.

cc: Records CRS Chrono MAF Stewart.gilman.con McDowney FOIA

01-02949 Under title II, all facilities designed, constructed, or altered by, on behalf of, or for the use of a public entity must be readily accessible and usable by individuals with disabilities, if the construction or alteration is begun after January 26, 1992. 28 C.F.R. 35.151. To be "readily accessible and usable," a facility must be altered in strict compliance with a design standard. Under the regulation, the Village of Bloomingburg may choose from two design standards for alterations. The Village can choose either the Uniform Federal Accessibility Standards (UFAS) or the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (ADAAG), which is the standard that must be used for public accommodations and commercial facilities under title III of the ADA. For a discussion of the major differences between UFAS and ADAAG, see the enclosed technical assistance manual at pages 23-32. We have enclosed copies of UFAS and ADAAG to assist the Village. Therefore, the alterations made to the Village's newly purchased building should comply with either UFAS or ADAAG. We hope that this information is helpful to you in responding to Mayor Scott's request for assistance. Sincerely,

James P. Turner Acting Assistant Attorney General Civil Rights Division Enclosures (4)