T.

6-16-93
JUN 24 1993

(b)(6)
Sebastian, Florida 32976

Dear XX

I am responding to your letter asking about the requirements

of the Americans with Disabilities Act (ADA).

The ADA authorizes the Department of Justice to provide

technical assistance to individuals and entities that have rights
and responsibilities under the Act. This letter provides
informal guidance but does not constitute a determination by the
Department of Justice of any State's rights or responsibilities
under the ADA, and it is not binding on the Department.

You have asked if the ADA requires States to amend their

building codes to incorporate the ADA Standards for Accessible
Design. The ADA does not require States to amend their building
codes that apply to the construction of private buildings to
incorporate the requirements of the ADA. However, private
entities subject to title II are required to comply with the
ADA's accessibility requirements, rather than State code
requirements, in circumstances where local code requirements are
less stringent than the ADA. If the State code establishes
accessibility requirements that are more stringent than the ADA
requirements, then the State code provisions must be followed.

The illustration provided in your letter indicates that

you are concerned specifically with the construction of a dock
That will be used by the occupant of a private, residential
property. Your example does not specifically state whether the land on
which the dock is located is privately owned. If the land on
which the dock is located is privately owned, and the dock
is exclusively used by the occupant of the residence, then it
is not subject to title III of the ADA because a purely residential
facility is neither a "place of public accommodation" nor a
"commercial facility" as those terms are defined under the
ADA. If the land is publicly owned, then the state or local
government that owns the land would be required to comply with title
II of the ADA in permitting the use of this land. Title II

cc: Records, Chrono, Wodatch, Breen, Blizard FOIA, Friedlander

n:\udd\blizard\adaltrs\(b)(6)

01-02418​
 -2-

prohibits discrimination on the basis of disability in the

operation of the programs, services, and activities of a public
entity.

Please note that although docks and piers are "facilities"

subject to the requirements of the ADA, neither the ADA
Accessibility Guidelines issued by the Architectural and
Transportation Barriers Compliance Board, nor the regulations
issued by the Departments of Justice or Transportation, currently
contain specifications for the construction or alteration of
accessible docks and piers. Because the ADA has not preempted
State regulation in the area of accessible design, the State
of Florida is permitted by the ADA to issue regulations that
establish accessibility requirements for facilities for which
no Federal accessibility standard now exists.

For your information, I am enclosing copies of the

Department's regulations implementing titles 11 and III, and
our technical assistance manuals for titles II and III. I hope
that this information is helpful to you.

Sincerely,

John L. Wodatch
Chief
Public Access Section

Enclosures

01-02419​
CIVIL RIGHTS DIVISION
PUBLIC ACCESS SECTION
93 MAR 29 PM 2:54

24 March 1993

Sebastian, Florida 32976

(b)(6)

Mr. John Wodatch

Public Access Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66738
Washington D.C. 20035-6738

Dear Mr. Wodatch:

I recently contacted an operator at the Department of Justice regarding

information on the American Disabilities Act of 1990 (ADA). The
operator was helpful and provided an answer; however, I would like
a written response, and the operator suggested that I write you.
My question is as follows:

Is the State of Florida, or any agency thereof, required by the ADA to

incorporate ADA requirements into the agencies' rules/requirements
for permitting/authorizing private, single-family residential docks
and piers?

Example: An owner of a single-family residential lot makes application

to the state to construct a dock to serve his or her lot. The adjacent
waterbody is sovereignty, submerged (public) land, and the dock is to
be used only by the lot owner and his or her guests for recreational purposes
(e.g., boating, fishing). It is not intended to serve the public at large.
Does the ADA require the state to permit/authorize only structures that
comply with ADA requirements?

Please respond in writing to the above address. If you have any

questions, please contact me at the above phone number. Thank you for your
prompt response and your attention in this matter.

Sincerely,

(b)(6)
01-02420