# 163

DJ 202-PL-957                                March 8, 1995

III-1.8200



Mr. Fred Burgess
United Brotherhood of Carpenters 
  and Joiners of America
P.O. Box 1542
Aurora, Illinois  60507

Dear Mr. Burgess:

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

     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 asks about the application of the ADA to a
proposed change to the building code of the City of Aurora,
Illinois.  That change would require an architect or structural
engineer to attest that each newly constructed or altered public
facility complies with the Illinois Environmental Barriers Act. 
An exception is provided for construction or alterations costing
less than $50,000.

     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 and local 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 and local
regulation in the area of accessible design.  States and
localities are free to enact and enforce code provisions that
provide equal or greater access than the ADA standards.  To the
extent possible, covered entities must comply with both the State
or local code and the Federal requirement.  However, if the State
or local 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 or local standard, a covered entity
must comply with the Federal standard.

     The ADA encourages the coordination of State and local
building codes with the ADA and provides for certification of
equivalent State and local codes.  The proposed building code
change cited in your letter may undermine that goal by increasing
the distinctions between Federal and local requirements and by
increasing builders' confusion regarding their accessibility
obligations.  Nonetheless, the ADA neither requires nor prohibits
the proposed change.  Public accommodations and commercial
facilities must comply with the ADA requirements for new
construction and alterations regardless of the cost of the
project.  The proposed local rule will exempt small projects only
from local requirements, not from the requirements of the ADA.

     I hope that this information is helpful to you.

                                      Sincerely,




                                   John L. Wodatch
                                        Chief
                                Public Access Section