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MAY 12 1992 DJ 202-PL-00104

Mr. Duane L. Cobeen Cobeen, Tsuchida & Associates, Inc. 210 Ward Avenue, Suite 240 Honolulu, Hawaii 96814 Dear Mr. Cobeen: I am responding to your request for clarification of the effective dates of various provisions of title III of the Americans with Disabilities Act of 1990 (ADA), Pub. L. 101-336, 104 Stat. 327 (July 26, 1990), 42 U.S.C.A. SS 12101 et seq., and this Department's regulation implementing title III, 56 Fed. Reg. 35544 (July 26, 1991), to be codified at 28 C.F.R. pt. 36. The ADA authorizes the Department to provide technical assistance to individuals and entities having rights or responsibilities under the Act. This letter provides informal guidance to assist you in understanding the ADA. However, this technical assistance does not constitute a determination by the Department of Justice of your rights or responsibilities under the ADA and it is not binding on the Department of Justice. The new construction requirements of the ADA apply to any place of public accommodation or commercial facility first occupied after January 26, 1993, for which the last application for a building permit or permit extension was completed after January 26, 1992. If a facility is constructed under a permit for which the application was completed prior to January 26, 1992, or the facility is occupied before January 26, 1993, the facility is not subject to the new construction requirements of the ADA. Alterations to places of public accommodation and commercial facilities are required to comply with the ADA accessibility standards if the alteration began after January 26, 1992. cc: Records Chrono Wodatch Bowen Magagna Blizard.udd:ada.interpretation.cobeen arthur T. 4/17/92


-2In addition, existing places of public accommodation are required to remove architectural, communication, and transportation barriers to the extent that it is readily achievable to do so. This requirement took effect on January 26, 1992. This Department's regulation provides that the duty to remove barriers is a continuing obligation under which each public accommodation is required to remove barriers in its facilities, to the extent that it is readily achievable to do so, until the facility complies with the accessibility standards that would apply if the facility was being altered. This Department recently issued a technical assistance manual to assist individuals and entities subject to the ADA to understand the requirements of title III. I have enclosed a copy for your information. I hope that this information is helpful to you. Sincerely,

Joan A. Magagna Deputy Director Office on the Americans with Disabilities Act Civil Rights Division




Mr. John Wodach Deputy Section Chief Civil Rights Division U.S. Department of Justice P. O. Box 66118 Washington DC 20035 RE: ADA EFFECTIVE DATES Dear Mr. Wodach: I attended a seminar, Designing for Accessibility, October 22 and 23, 1990, here in Honolulu in which you participated. I was impressed with you excellent presentation and knowledge of the various acts. We have been trying to advise our clients, and as Chairman of the Building Codes Committee for the Honolulu Council A.I.A.,

our entire membership of the progress and implementation of the Fair Housing Amendments Act and the Americans with Disabilities Act. On the most part, with the help of your shared insight, the implementation of these Acts is clear, but we have come up with divided interpretations on an important segment of the A.D.A. A. New Structures, January 26, 1993. (Sec. 36.401) B. Alterations, January 16, 1992. (Sec. 36.402) C. Existing Structures. (Sec. 36.402) Our State of Hawaii Commission on Persons with Disabilities, Mr. Bruce Clark says existing structures must comply by January 26, 1992. A call to the U.S. Department of Justice (A Ms. Brenda ) produced a date of January 26, 1995. Please advise us. A lot people are anxiously awaiting a clear answer on this question. Very truly yours, Duane L. Cobeen, A.I.A. 210 Ward Avenue, Suite 240, Honolulu, Hawaii 96814 Telephone (808) 523-8181 Telefax No. (808) 523-6873 01-00765