T.    12-13-93

                                     DEC 15 1993


Mr. Fred M. Farmer
R. Douglas Stone & Associates, P.A.
940 North Ferncreek Avenue
Orlando, Florida 32803-3378

Dear Mr. Farmer:

     I am responding to your letter concerning the Americans with
Disabilities Act (ADA). I apologize for the delay in responding.

     The ADA authorizes the Department of Justice to provide
technical assistance to individuals and entities that have rights
or responsibilities under the Act. Pursuant to that authority,
this letter provides informal guidance to assist you in
understanding the ADA. However, this technical assistance does
not constitute a legal interpretation of the statute, and it is
not binding on the Department.

     Your letter raises several issues regarding the relationship
between State and Federal law in the area of accessibility to
persons with disabilities. First, the ADA is a Federal law and
is enforced by Federal agencies, including the Department of
Justice. State governments are not authorized to enforce the
ADA, to monitor compliance therewith, or to grant waivers of the
ADA's requirements.

     Second, the ADA does not preempt all State regulation in the
area of accessible design. States are free to enact and enforce
code provisions that provide equal or greater access than the ADA
standards. However, if the State code provisions differ from the
ADA requirements in a way that results in less accessibility,
then an entity subject to title III of the ADA is required to
comply with the Federal standard. To the extent that the Federal
standard is irreconcilable with the State standard, a covered
entity must comply with the Federal standard.

     Finally, your letter raises the specific issue of the
technical requirements that govern the height of accessible
toilets. You correctly note that the ADA Standards for
Accessible Design, section 4.16.3, requires that water closets be
17 to 19 inches in height, measured to the top of the toilet

Records, Chrono, Wodatch, Hill, FOIA, Friedlander
d\hille\policylt\farmerlt




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seat. In new construction, or when a water closet is being
altered, this requirement must be followed strictly. Therefore,
it would be impermissible to install water closets of 20 inches
in height, even if permitted or required by State law. However,
in your particular situation, as you correctly note, a 19-inch
water closet would meet the requirements of both the ADA
Standards and the Florida State code as you have described it.

     I hope that this information is helpful to you and that this
letter fully responds to your inquiry.


                               Sincerely,



                             John L. Wodatch
                                  Chief
                         Public Access Section



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