# 16 III-7.

5185 DJ 192-180-04985 May 27, 1992

Mr. James M. Johnson, III Senior Vice President Sunshine Bank Post Office Drawer 2769 Fort Walton Beach, Florida Dear Mr. Johnson: I am responding to your letter to Congressman Earl Hutto regarding the requirements of title III of the Americans with Disabilities Act of 1990 (ADA), Pub. L. 101-336, 104 Stat. 327 (July 26, 1990), and this Department's regulation implementing title III, 56 Fed. Reg. 35,544 (July 26, 1991). Specifically, you seek clarification of the requirements applicable to the relocation of automatic teller machines (ATM's). The ADA authorizes the Department of Justice to provide technical assistance to individuals and entities that have rights or responsibilities under the Act. This letter provides informal guidance about the provisions of the ADA. This technical assistance does not constitute a determination by the Department of your rights or responsibilities under the ADA, and it is not binding on the Department. The requirements for accessible ATM's are established in {{4.1.3(20) and 4.34 of the ADA Accessibility Guidelines, which are published as Appendix A to this Department's regulation implementing title III. The Guidelines were developed by the Architectural and Transportation Barriers Compliance Board (Access Board). All newly constructed ATM's must comply with the Guidelines. Alterations to ATM's must comply with the Guidelines unless it is technically infeasible to do so. Cost factors are not to be

considered in determining if an accessible alteration is feasible. Existing ATM's that are not otherwise being altered, but are being relocated to improve accessibility, should comply with the Guidelines to the extent that it is readily achievable for a financial institution to bring them into compliance. The ADA defines readily achievable as "easily accomplishable and able to be carried out without much difficulty or expense," and this Department's regulation sets out the factors to consider in making this determination. Please note that in response to concerns raised by the American Bankers Association, the requirements set by the Guidelines in {{4.2.5 and 4.2.6 for "reach ranges," as they relate to the location of ATM controls, are under review by the Access Board. This review has the support and concurrence of the Department of Justice. However, while changes to the rule are under consideration, the Department is not in a position to amend the provision on ATM's and we are constrained to enforce the requirements of the ADA regulation now in effect. You should be aware that {2.2 of the ADA Accessibility Guidelines permits departures from particular technical requirements by use of other designs and technologies where the alternative designs and technologies will provide substantially equivalent or greater access to and usability of the facility. If you can demonstrate that particular ATM's, as installed, provide equivalent facilitation, they will be considered as complying with the ADA. You may be able to show that meeting one of the reach ranges specified in {4.2.5 or {4.2.6 provides equivalent facilitation, assuming all other requirements for ATM's contained in {4.34.1, {4.34.2, and {4.34.4 are met. I have enclosed a copy of our title III regulation, which contains the ATM requirements at {4.34. In addition, the Department recently published a technical assistance manual to assist individuals and entities affected by title III of the ADA to understand their rights and responsibilities under the Act. I am enclosing a copy of that manual for your information. I hope that this information is helpful to you. Sincerely,

John R. Dunne

Assistant Attorney General Civil Rights Division Enclosures (2) cc: Congressman Earl Hutto