T.

10/25/93

DJ XXXXXXXXX
204-012-0049
NOV 1 1993

Mr. Lu Hoover
Planner
Borough of State College
118 South Fraser Street
State College, Pennsylvania 16801

Dear Mr. Hoover:

This is in response to your letter to the Civil Rights

Division concerning compliance with the Uniform Federal
Accessibility Standards (UFAS) and the Americans with
Disabilities Act Accessibility Guidelines (ADAAG) under title II
of the Americans with Disabilities Act of 1990 (ADA).

The ADA authorizes the Department of Justice to provide

technical assistance to entities that are subject to the Act.
This letter provides informal guidance to assist you in
understanding how the ADA may apply to you. However, this
technical assistance does not constitute a determination by the
Department of Justice of your rights or responsibilities under
the ADA and does not constitute a binding determination by the
Department of Justice.

Currently, the Department of Justice's title II regulation

gives State and local government facilities the choice of
complying with either UFAS or ADAAG in new construction and
alterations. The Department of Justice, along with the
Architectural and Transportation Barriers compliance Board, is in
the process of amending ADAAG, after which time the choice of
following UFAS may be removed from the title II regulation. You
are concerned that if State College modifies its facilities to
comply with UFAS, as allowed under the current regulation, you
may later be required to make further modifications to comply
with ADAAG. You are also concerned that you may even be required
to change your choice of accessibility standards in "midstream"
if the title II regulation is amended while your construction
project is underway.

cc: Record CRS Chrono Friedlander Milton.ufasadaa.hoo

 FOIA Breen

01-02680

-2-

Under the existing title II regulation, as mentioned above,

any new construction or alterations project may be undertaken
using UFAS as the accessibility standard. If the title II
regulation is amended to allow only ADAAG as the accessibility
standard, the amendment would specify that ADAAG is the sole
standard for construction and alteration commenced after the
effective date of the regulation. Facilities under design on
that date would be governed by that provision only if the date
that bids were invited fell after the effective date of the
amendment. Furthermore, the amendment would not be applied
retroactively. Facilities designed, constructed, or altered in
conformance with the requirements of the title II regulation
prior to the effective date of the amendment would not be
required to be retrofitted to conform to the new standard.

I hope this information has been helpful to you.

Sincerely,

Stewart B. Oneglia
Chief
Coordination and Review Section
Civil Rights Division

01-02681