At least here in California, ADA requirements are enforced in two ways; 
First when applying for a building permit new construction (or for 
renovation beyond a certain threshold of value, either the permit cost or a 
percentage of value of the building) the permit review process will include 
review for ADA requirements.  A recognized (on the National, state or local 
register, or found eligible or likely to be eligible for the register) 
historic building may have some requirements waived only if compliance would 
effect the buildings historic fabric.  Secondly you can be sued for 
non-compliance by an affected party.



As a rule, there is no government agency which is going to come in and tell 
you to make your building comply, unless you pull a building permit.  The 
only waiver would be part of the permit process for that permit.  The waiver 
won't help if you are sued.  You still need to defend (at the cost of legal 
fees) your choices.



Even when rebuilding a historic building you won't be forced to put in an 
elevator, widen doorways or other destructive work, but you should expect to 
have ramps to access the lower floor (but that ramp may be at the side or 
back of the building, not at the front as required under ADA.)  You will 
still need to have blue placard parking places, and should have portable 
displays and such in the gift shop arraigned to allow a wheel chair to 
maneuver among them.  If you provide public restrooms they need to be 
reasonably compliant.  If the portions of the building are not accessible, 
you need to offer an alternative experience (a book or photos or a video.) 
Our house is City owned and operated, and if requested I am required to 
provide a sign language interpreter at my cost.



On the up side, many of the ADA adaptations have other benefits.  Paved 
paths (in place of gravel) and ramps make your site stroller and walker 
friendly.  I don't think there is a down side to good bathrooms.  The photos 
for the alternate experience are wonderful for outreach and other publicity. 
Many of us are getting older, and may start to have trouble climbing stairs. 
at that point the elevator starts to look pretty good.



Randy Hees

Patterson House at Ardenwood Farm

Fremont, California

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