T.

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

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plant, 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 self-

evaluation 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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