DJ 202-PL-919

Mr. Robert E. Mackensen

Department of General Services
State Historical Building Safety Board
400 P Street, 5th Floor
Sacramento, California 95814

Dear Mr. Mackensen:

This is in response to your letter regarding the application

of the Americans with Disabilities Act (ADA) to alterations to
historic buildings owned by State or local governments.

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.

Title II of the ADA applies to State and local governments,

and the departments, agencies, and instrumentalities of such
governments. Title II prohibits discrimination by such public
entities on the basis of disability. If a facility is altered
by, or on behalf of, or for the use of a public entity in a
manner that affects or could affect the usability of the
facility, the altered portion of the facility must be made
accessible to the maximum extent feasible. The alterations
requirement is not dependent on whether the public entity
operates a program in the facility. Nor does this general
obligation differ according to the type of program offered.

Title II provides that alterations to historic properties

must comply, to the maximum extent feasible, with either §4.1.7
of the Uniform Federal Accessibility Standards (UFAS) or §4.1.7
of the ADA Standards for Accessible Design (Standards). Both
UFAS and the ADA Standards provide alternative accessibility
requirements for some elements in situations where full
accessibility would threaten or destroy the historic significance
of the building. Neither UFAS nor the ADA Standards look to the
purpose for which the historic building is used in determining
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whether application of the alternative accessibility requirements
is permissible.

For buildings that are not being altered, title II requires

that program access be provided. If a historic building hosts a
program of a State or local government, that program must be made
accessible. If the program is not one of historic preservation,
it may be possible to achieve program access by relocating the
program to an accessible site and the historic building may not
need to be made accessible. If, however, the program involves
the historic preservation of the building itself, relocation of
the program would defeat the purpose of the program. In that
situation, the building would have to be made accessible unless
to do so would threaten or destroy the historic significance of
the building.

I hope this information is helpful to you.

Sincerely,

John L. Wodatch
Chief
Public Access Section
01-03556