DJ 202-PL-00034
                                                SEP 23 1992

Mr. Luther Field
Batt-Chief/Critical Issues
Municipal Building, 8th at Colorado
Post Office Box 1088
Austin, Texas 78767

Dear Mr. Field:

        This letter responds to your inquiry concerning fire station
modifications that may be required by the Americans with
Disabilities Act, 42 U.S.C.  12131-12134 ("ADA"). The ADA
authorizes the Department of Justice to provide technical
assistance to individuals or entities having rights or
obligations under the Act. This letter provides informal
guidance to assist you in understanding the ADA's requirements.
It does not, however, constitute a legal interpretation and it is
not binding on the Department.

        Title II of the ADA prohibits State and local governments
from discriminating against persons with disabilities. Title II
and the Department's implementing regulation, 28 C.F.R. pt. 35
(enclosed), also require that new construction and alterations of
government buildings ensure accessibility and that programs in
government facilities be made accessible. ADA  204(b); 28
C.F.R.  35.149 -.150. More specifically, all State and local
government buildings constructed or altered after January 26,
1992, must meet federal accessibility standards by complying with
either the Uniform Federal Accessibility Standards (UFAS) or the
Americans with Disabilities Act Accessibility Guidelines (ADAAG).
28 C.F.R.  35.151.

        A different standard applies to services, programs, or
activities conducted in State or local government facilities.
Each such service, program, or activity must be operated so that,
when viewed in its entirety, it is readily accessible to and
usable by individuals with disabilities.

cc: Records, Chrono, Wodatch, Bowen, Friedlander, FOIA, Nakata
    Udd:Nakata:202.PL.00034
01-01569
                                - 2 -
          [T]itle II requires a public entity to make
          its programs accessible in all cases, except
          where to do so would result in a fundamental
          alteration in the nature of the program or in
          undue financial and administrative
          burdens.... [T]he program access requirement
          of title II should enable individuals with
          disabilities to participate in and benefit
          from the services, programs, or activities of
          public entities in all but the most unusual
          cases.

56 Fed. Reg. 35,708 (1991).

        Program access required by title II can be achieved by
various means, including physical changes to existing buildings,
the acquisition or redesign of equipment, the reassignment of
services to accessible buildings, and the delivery of services at
alternate accessible sites. 28 C.F.R.  35.150(b). For
instance, you may wish to provide tours of accessible existing
facilities as a means of making that aspect of your activities
accessible. You would not necessarily be required to alter other
inaccessible facilities for that purpose. If this approach would
impose undue burdens, program access may be achieved by providing
an audio-visual display of inaccessible areas in an accessible
location on the ground floor. I have included a copy of the
Department's Title II Technical Assistance Manual, which may
provide further assistance in this area at Section II-5.0000.

        This letter does not address other accommodations that may
be required under the employment requirements of title I of the
ADA.

        Thank you for your inquiry in this matter.

                                                 Sincerely,

                                               L. Irene Bowen
                                              Deputy Director
                                Office on the Americans with Disabilities Act

Enclosures (2)
    Title II Technical Assistance Manual
    Title II regulation
01-01570

City of Austin
Founded by Congress, Republic of Texas, 1839
Municipal Building, Eighth at Colorado, P.O. Box 1088, Austin, Texas 78767     

Telephone 512/499-2000

March 2, 1992

Civil Rights Division
Office on the Americans with Disabilities Act
U.S. Department of Justice
P.O. Box 66118
Washington, D.C. 20035-6118

Dear Sirs:

        As a member of the Austin Fire Department's ADA compliance
committee I am contacting the Justice Department directly to obtain
guidance in the matter of requirements for Fire Stations under the
Americans with Disabilities Act. We seem to be getting conflicting
interpretations of the ADA pertaining to this question. I am hoping
you can inform us as to what extent Fire Stations are required to be
made accessible under the ADA.

Our stations are primarily used to house firefighters, trucks and
equipment. We conduct no scheduled programs or activities at the
stations involving the public other than tours of the stations and
equipment upon request by interested groups, usually school children.
My interpretation of the ADA requirements are that the stations do not
need modifying since our programs and services, when viewed in their
entirety, are accessible. I would appreciate any clarification you
could supply on this matter as soon as possible and in writing,
please. If you have any questions or I can be of help in any
way, please contact me at (512) 477-5784.

Sincerely,

Luther Field
Batt. Chief/Critical Issues
Austin Fire Department
01-01571