8-3-93
AUG 23 l993
DJ 202-PL-565
The ADA does not preempt all State regulation in the area of
accessible design. States may continue to enact and enforce
State accessibility codes. These codes do not require Department
of Justice approval. However, if the State code provisions
differ from the ADA requirements in a way that may result in less
accessibility, then a covered entity is required to comply with
the ADA standards in addition to the State code.
01-02538
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Sincerely,
John L. Wodatch
Chief
Public Access Section
Enclosures
01-02540
The State of Alabama Fire Marshall, who has the legal authority to
promulgate and enforce regulations regarding accessibility, adopted UFAS-88 as
Alabama's ADA Standard, in conjunction with or at least with endorsement of
the State Building Commission. This has been in place for over a year, and is
now relied upon across the state.
My understanding from numerous ADA meetings, seminars, convention
activities, research, etc., and discussion with several lawyers where this has
come up, is that the Department of Justice must endorse our State Fire
Marshal's action before it is acceptable, 'official," later admissible as
factual evidence, etc.
Sincerely yours,
JCB:mh:6400-ADA.ARC
01-02539