III.7.5185 DJ 192-180-04985 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 SS 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 cc: Records; Chrono; Wodatch; Breen; Friedlander; McDowney. :udd:jonessandra:ada.interpretation.jmjohnson

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-2for 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 SS4.2.5 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 S2.2 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 S4.2.5 or S4.2.6 provides equivalent facilitation, assuming all other requirements for ATM's contained in S4.34.1, S4.34.2, and S4.34.4 are met. I have enclosed a copy of our title III regulation, which contains the ATM requirements at S4.34. 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

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SUNSHINE BANK P.O. Drawer 2769, Fort Walton Beach, Fl. 32549 March 12, 1992 Congressman Earl Hutto 2435 Rayburn House Office Building Washington D.C. 20515 RE: Clarification of the "Americans With Disability Act" Dear Earl: I am writing to request your assistance in obtaining clarification of the applicable guidelines under the "Americans Disability Act" from the Department of Justice. I have been trying to contact the department in regard to my specific request for over thirty days in regard to this matter but have not gotten any further than the recording on the telephone. I have also requested the assistance of Mr. Dan Steck of your office in trying to contact the Department of Justice in regard to this matter. However, he has informed me that his attempt to make inquiries on my behalf have also been fruitless.

Specifically, I have been trying to ascertain the applicability of the American Disability Act to this Bank's proposal to relocate its existing Automatic Teller Machine from its current location on the Hollywood Blvd. side of the bank to a new location at a out building located on the same parcel of property but facing Eglin Parkway. The reasons that we wish to relocate this Automatic Teller Machine are two fold: 1) The current location is less visible and is close to a high crime area. The proposed new location is further away from that area and much more visible to travelers on Eglin Parkway and would add a greater degree of security for potential customers. 2) The current location is neither accessible by drive-up automobile or by individuals confined to wheelchairs. The new installation would make the ATM machine accessible both by automobile and those confined to wheelchairs.

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I am enclosing for your reference various photos with captions and other documents showing the existing location, the proposed location and the minor addition we are making to the existing building where we wish to relocate the ATM machine. I apologize for having to impose upon your valuable time to get assistance in this matter. However, I hope you can appreciate the frustrations we have experienced in trying to seek clarifications/ approval for this rather simple matter. Should you have any questions or require further information please do not hesitate to contact at (904) 664-5884. As always, we appreciate your fine support and assistance as well as your excellent representation of our area in the House of Representatives.

Very truly yours, James M. Johnson, III Sr. Vice President enclosures JMJ/dkl 01-00818 (Form) FORT WALTON BEACH 01-00819 (Form) Proposed New Location for A.T.M. 01-00820 (Form) Bank Complex at corner of Eglin Parkway and Hollywood Blvd. (facing West) Existing ATM location on South side oILLEGIBLE Main Bank buiding (Hollywood Blvd. siILLEGIBLE Note that ATM is accessable by walkinILLEGIBLE customers only at current location. Bookkeeping building in foreground. Proposed ATM relocation to be at the front of the Bookkeeping building (North end) Accessable by drive up autos and wheelchair customers.

01-00821 (Form) Sunshine Bank Automatic Teller Building (cost projections) Front and side elevation of addition to bookkeeping building for ATM relocation. Note: Keyboard and cash dispenser will be at height levels mandated by the "Americans with Disabilities Act" and accessable by both automobile and/or wheelchairs. 01-00822