36 CFR Parts 1190 and 1191 ADA and ABA Accessibility Guidelines - Preamble (Discussion of Comments and Changes)

Comment. Comments from the historic preservation community requested that information be provided on the consultation procedures to be followed when applying the exceptions for alterations to qualified historic buildings or facilities in section 202.5. They also requested that the specific language for the exceptions for accessible routes, entrances, and toilet facilities be included in section 202.5, instead of in the various scoping provisions for those elements. In addition, they requested that information be provided on the obligation of public entities that operate historic preservation programs to achieve program accessibility under the DOJ regulations.

Response. The final rule includes advisory information in section 202.5 on the consultation procedures to be followed when applying the exceptions for alterations to qualified historic buildings or facilities. This information derives from advisory information in the original ADAAG (section 4.1.7). When an entity believes that compliance with the requirements for accessible routes, entrances, or toilet facilities would threaten or destroy the historic significance of the building or facility, the entity should consult with its State Historic Preservation Officer. If the State Historic Preservation Officer agrees that compliance with the requirements for a specific element would threaten or destroy the historic significance of the building or facility, use of the exception for that element is permitted. The advisory note to section 202.5 also references the scoping provisions for accessible routes, entrances, and toilet facilities where the specific language for the exceptions for qualified historic buildings and facilities are found. Information has also been included in the advisory note to section 202.5 on the obligation of public entities that operate historic preservation programs to achieve program accessibility under the DOJ regulations.