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III-3.3000
III-4.3000
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II-7.1000 July 21, 1993

The Honorable Charles E. Grassley

United States Senate
135 Hart Senate Office Building
Washington, D.C. 20510-1501

Dear Senator Grassley:

This letter is in response to your inquiry on behalf of your

constituent, the Maytag Company, which inquired about the
application of the Americans with Disabilities Act (ADA) to
washing machines. We apologize for any inconvenience caused by
the delay in answering your constituent's request for a policy
interpretation.

Your constituent's letter asked several questions about the

applicability of the ADA to washing machines. It asked whether
washing machines must comply with reach range requirements found
in the Standards for Accessible Design (the "Standards"), and, if
so, how many washing machines must meet those requirements. It
also asked whether requirements found in the Standards may be
waived if assistive devices are provided on request. Third, it
asked whether the Standards require Braille lettering on laundry
and vending equipment. Finally, it asked which accessibility
standards may be used by university dormitories. These questions
raise complex issues under the ADA and necessitate this unusually
long and detailed response.
 I have enclosed five documents that are referred to in the
discussion below: the Americans with Disabilities Act
Accessibility Guidelines (ADAAG) and its preamble, issued by the
Architectural and Transportation Barriers Compliance Board
(ATBCB) (these guidelines were adopted by the Department of
Justice as the Standards); the regulation promulgated by the
Department of Justice under title III of the ADA, which includes
the Standards; the regulation promulgated by the Department of
Justice under title II of the ADA; the Uniform Federal
Accessibility Standards (UFAS); and proposed accessibility
guidelines under title II of the ADA, issued by the ATBCB. After
a period of notice and comment, final accessibility guidelines
for title II facilities will be issued. Until the Department of
Justice adopts final standards under title II, the current title
II rule provides that either the Standards or the requirements
found in UFAS may be used for title II facilities.

The extent to which the ADA requires washing machines to

adhere to the Standards' reach range requirements depends on
several factors: whether the facility in which they are located
is covered by title III or title II of the ADA, whether such
washing machines are necessary to the full and equal enjoyment of
a facility's services by persons who use wheelchairs, whether a
facility is being newly constructed or altered.

Title III of the ADA applies to places of public

accommodation and commercial facilities. The Standards, which
were developed as the accessibility requirements for new
construction and alteration of title III facilities, contain
requirements for the accessibility of washing machines, including
the reach range requirements noted in your constituent's letter.
Title II of the ADA applies to facilities owned or operated by
state or local government entities. As noted above, entities
covered by title II may apply either the Standards or UFAS to
their facilities until final standards are adopted under title
II.

For your convenience, Part I of this letter summarizes the

way in which the ADA requirements apply to washing machines in
covered facilities and programs. Parts II through V address in
detail the requirements with respect to title III, title II,
Braille controls, and university dormitories.

I. Summary
 The ADA does not impose an obligation on manufacturers of
washing machines to produce machines of a particular design.
However, the law may require that facilities and programs covered
by the ADA ensure accessibility of washing machines, depending on
several factors. First, in facilities covered by title III,
sections 36.201 and 36.202 of the title III regulation require a
place of public accommodation to make its services accessible to
persons with disabilities. To do this, the public accommodation
must either provide a sufficient number of accessible washing
machines, or it may provide assistive devices, so that persons
with disabilities may fully and equally enjoy the services
offered. Second, also in facilities covered by title III, places
of public accommodation and commercial facilities must follow the
requirements of the Standards, including reach range require-
ments, when installing fixed or built-in machines in a newly
constructed or an altered facility. In new construction and
alteration, the Standards must be followed, and assistive devices
are not acceptable. In existing places of public accommodation
that are not otherwise being altered, built-in or free-standing
machines must be made accessible, using the Standards and its
reach range requirements, if to do so would be readily
achievable. If it would not be readily achievable, alternatives
that are readily achievable, such as assistive devices, may be
used.

In facilities covered by title II, the Standards, which

prescribe maximum reach ranges, or UFAS, which requires front-
loading machines, must be followed in new construction or
alterations, and assistive devices are insufficient for ADA
compliance. In existing facilities, covered entities must
provide access to washing machines that are part of an offered
program, but they may do this by using assistive devices.

Braille controls are not required for equipment under the

new construction or alteration Standards. However, Braille
controls are required in places of public accommodation covered
by title III, if necessary to provide effective communication
with persons with disabilities, unless it would be an undue
burden to provide them. They may also be required under sections
36.201 or 36.202. Under title II, Braille controls are required
if necessary to provide communication to those with disabilities
that is equally as effective as the communication provided to
others, unless to do so would pose an undue burden.

Finally, privately owned university dormitories are covered

by title III, which uses the Standards; State or locally owned
university dormitories are covered by title II, which currently
uses the Standards as adopted by title II or UFAS; and
universities that receive Federal funds, which can fall into
either of the other two categories, are covered by the
Rehabilitation Act, and must follow UFAS.

II. Entities Covered By Title III

Title III of the ADA covers laundry facilities in two ways.

First, sections 36.201 and 36.202 of the title III regulation
obligate places of public accommodation to make their services
fully and equally enjoyable by persons with disabilities.
Second, the title III provisions for new construction and
alteration, which are applicable to fixed machines only, and for
barrier removal, which are applicable to washing machines
regardless of whether they are fixed or free-standing, require
machines to be accessible to persons who use wheelchairs. This
requirement is not related to the inquiry concerning whether
accessible washing machines are necessary to the full and equal
enjoyment of services.

A. Coverage under sections 36.201 and 36.202

Sections 36.201 and 36.202 of the title III regulation

prohibit public accommodations from denying persons with
disabilities "the full and equal enjoyment" of the services and
facilities offered. See title III regulation and preamble,
36.201 and 36.202, at pages 35595 and 35555-56. For example,
a laundromat or hotel guest laundry room may need to provide some
washing machines with lower controls in order to afford persons
who use wheelchairs an equal opportunity to benefit from its
services and facilities, if the lack of accessible washing
machines effectively denies such persons a full and equal
opportunity to benefit from the facility's services. See
preamble to title III regulation, at page 35572. These sections
do not require a specific number of accessible machines, only
that enough machines be accessible for persons with disabilities
to have a full and equal opportunity to enjoy a facility's
services.

Sections 36.201 and 36.202 apply to all places of public

accommodation, such as laundromats or homeless shelters, whether
newly constructed, altered, or neither; but they do not apply to
commercial facilities, such as corporate office buildings.
Although these sections require that the service be made
accessible, they do not require that washing machines meet the
Standards. Therefore, a place of public accommodation may
satisfy these sections' requirements through alternative means,
such as assistance provided on request. Any alternative means,
however, must afford persons with disabilities a full and equal
opportunity to enjoy the service. Thus, if personal assistance
is offered, it must be available at all times, and it must be as
effective for persons with disabilities as the service is for
other persons.

B. Coverage under new construction, alteration,

and barrier removal provisions

In addition to any obligations under sections 36.201 and

36.202, all places of public accommodation and commercial
facilities must comply with ADA requirements for new construction
of facilities and alterations to existing facilities. Places of
public accommodation must also comply with ADA requirements for
barrier removal from existing facilities not otherwise being
altered. The Standards are the accessibility requirements
applicable to this area of coverage, but they apply only to
equipment that is built into the structure of a building --
attached to a wall or floor -- not equipment that is free-
standing. See preamble to ADAAG, at page 35415.

The Standards include maximum allowable reach ranges in

accessible areas and requirements for controls and operating
mechanisms. Section 4.2 provides that an object over which a
person must reach, such as a washing machine, may be no higher
than 34" from the floor to be accessible. Section 4.27 addresses
clear floor space, reach, and operation of controls. The
Standards do not restrict the types of machines that can be used.
However, ANSI A117.1-1980 and 1986, UFAS, and other accessibility
standards require the use of front-loading machines; research has
demonstrated that they can be used more readily by some people
with disabilities, because the opening for loading and unloading
clothes is visible and reachable from a wheelchair. Under the
Standards, top-loading machines are permitted, as long as they
can be operated within the requirements for reach and controls.
This would include reach to load and unload clothes, as well as
reach to the controls and/or coin mechanism.

The extent to which a covered entity may deviate from the

Standards depends on whether the covered facility is being newly
constructed, altered, or neither. In new construction of all
facilities covered by title III, the Standards must be adhered to
strictly, unless to do so would be structurally impracticable or
equivalent facilitation is provided. See section 36.401(c) of
the regulation (pages 35599 and 35600) and the preamble (pages
35557 and 35589); sections 2.2, A2.2, and 4.1.1(5)(a) of the
Standards and title III regulation preamble, at pages 35607,
35611, 35674, and 35577. See also preamble to ADAAG at pages
35413 and 35415. The "structurally impracticable" exception is a
narrow exception that would not apply to washing machines. When
alterations are performed in covered facilities, the Standards
must be followed, unless to do so would be technically
infeasible. Compliance is technically infeasible only if it
would require the removal of a load-bearing member of the
essential structural frame of a building, or if other existing
physical or site constraints prohibit compliance. See Standards
4.1.6(j) and title III regulation preamble, at pages 35617,
35600, and 35581; see also preamble to ADAAG at page 35428.
Thus, in new construction and alteration of facilities, in most
cases, the accessibility requirements must be followed for built-
in washing machines. While assistive devices may also be
offered, they do not relieve the covered entity from compliance
with these requirements.

In existing places of public accommodation covered by title

III that are not otherwise being altered, the ADA requires that
architectural barriers to access be removed where the removal is
readily achievable. See title III regulation and preamble,
36.304, at pages 35597 and 35568-70. This requirement does not
apply to commercial facilities. Readily achievable means capable
of being done without much difficulty or expense. See title III
regulation and preamble, 36.104, at pages 35594 and 35553-54.
Thus, under barrier removal, washing machines must be modified if
it is readily achievable to do so. Even free-standing machines
may need to be made accessible to persons who use wheelchairs,
because barrier removal obligations are not limited to built-in
equipment.

If removing barriers from existing facilities is not readily

achievable, the ADA requires that alternatives to removing
barriers be undertaken, as long as those alternatives are readily
achievable. See title III regulation and preamble, 36.305, at
pages 35596 and 35570-71. In such existing facilities, then,
controls on washing machines must be modified to be within an
accessible reach range for persons who use wheelchairs, if such
modification is readily achievable. Assistive devices that are
provided on request may be sufficient for ADA compliance in this
context only if modifying the machines is not readily achievable.

In new construction and alteration of facilities covered by

title III, the number of fixed or built-in washing machines that
must meet the reach range and other requirements of the Standards
depends on the type of facility in which the machines are
located. For transient lodging in hotels, motels, or
dormitories, sections 9.1 and 9.2.2 of the Standards require all
fixed or built-in facilities located in public and common use
areas, and fixed or built-in facilities located within sleeping
units that are required to be accessible, to comply with
accessibility standards. In social service center
establishments, such as shelters or group homes, section 9.5.1
requires at least one of each type of fixed or built-in machine
in common areas to be accessible. As noted above, these
standards apply strictly to new construction and alteration of
covered facilities. In existing places of public accommodation
not covered by sections 36.201 and 36.202, these standards must
be met if to do so would be readily achievable.

III. Entities covered by title II

Title II of the ADA applies to programs and facilities owned

or operated by State or local government entities or
instrumentalities. New construction and alteration of title II
facilities must follow either the Standards or UFAS, until final
standards are adopted under title II. In existing title II
facilities, responsible entities must ensure that each program,
when viewed as a whole, is accessible to persons with
disabilities. Structural changes are not necessarily required
under this standard, if programs can be made accessible in other
ways. See title II regulation and preamble, 35.150, at pages
35719-20 and 35708-09. Therefore, under the "program access"
standard, use of assistive devices may result in compliance with
the ADA as long as the assistive devices function to make that
aspect of the program accessible to persons with disabilities.

IV. Braille controls

Under title III, the extent to which washing machines are

required to have Braille controls depends on whether the facility
in which they are located is a place of public accommodation or a
commercial facility. Public accommodations are required by
section 36.303 of the title III regulation to furnish auxiliary
aids and services where necessary to ensure effective
communication with persons with disabilities, unless doing so
would pose an undue burden or would fundamentally alter the
service offered. See title III regulation and preamble,
36.303, at pages 35597 and 35565-68. Therefore, a place of
public accommodation that offers washing machines with words on
them must provide an effective way of communicating any words on
the machine to persons with vision impairments. Braille
lettering is one such method of communication. However, the
Braille lettering need not be built into the equipment controls;
equipment controls can be Brailled by templates or adhesive
labels. Braille lettering may also be required under sections
36.201 or 36.202 of the rule, as discussed above in part II.A.
Commercial facilities are not required to modify washing machines
to have Braille lettering, because commercial facilities are not
covered by the auxiliary aids and services requirements or by
sections 36.201 and 36.202.

In facilities covered by title II, auxiliary aids and

services must be provided to ensure communication with persons
with disabilities that is equally as effective as communication
with others, unless to do so would pose an undue burden or a
fundamental alteration to the service. See title II regulation
and preamble, 35.160, at pages 35721 and 35711-12.

V. University Dormitories

University dormitories, if privately owned, are covered by

title III of the ADA. They therefore must comply with sections
36.201 and 36.202 of the title III regulation, if applicable, and
they must apply the Standards in new construction and
alterations, and, if readily achievable, in existing facilities
not being altered. Universities owned and operated by State or
local governments are covered by title II of the ADA, and
currently may choose between the Standards, which do not
necessarily require front-loading washing machines, and UFAS,
which specifically requires front-loading machines. (Whichever
standard is chosen must be used throughout the facility.)

In addition, the proposed ADA guidelines for residential

units covered by title II specify that at least one washing
machine in any laundry facility must be front-loading, and must
meet other requirements from the Standards for controls. See
proposed title II guidelines and preamble, 13.3.5, at pages
60663 and 60639. Moreover, any university, public or private,
that receives Federal funds is also covered by section 504 of the
Rehabilitation Act of 1973; application of UFAS generally
satisfies the new construction and alteration requirements of the
section 504 regulations.

I hope this information is helpful to you in responding to

your constituent. Please do not hesitate to contact me if we can
provide additional assistance on this or any other matter.

Sincerely,

M. Faith Burton
Acting Assistant Attorney General

Enclosures