U.S. Department of Justice Civil Rights Division T. 6/3/92 JLW:JAM:HJB:jfh 202-PL-00013 Washington, D.C.

20530 202-PL-00154 JUN 5 1992 Ms. Helen C. King, Innkeeper Babbling Brook Inn 1025 Laurel Street Santa Cruz, California 95060 Dear Ms. King: This letter responds to your correspondence requesting information about the provisions of the Americans with Disabilities Act (ADA). The ADA authorizes the Department of Justice to provide technical assistance to individuals and entities having rights and obligations under the Act. This letter provides informal guidance to assist you in understanding the ADA's requirements. However, it does not constitute a legal interpretation and it is not binding on the Department. Your letter states that you wish to install a jacuzzi type bathtub in two upstairs bathrooms in your bed and breakfast inn. You inquire whether you must also install a jacuzzi in the ground floor acessible rooms. Your bed and breakfast inn is subject to the requirements of the ADA unless it is occupied by the proprietor and has five or fewer rooms for hire. The ADA does not require you to install jacuzzis in the first floor accessible rooms simply because you are adding those features to other rooms. However, all remodeling or renovation must comply "to the maximum extent feasible" with the ADA Accessibility Guidelines (ADAAG). The installation of a two person jacuzzi is an alteration and must comply with ADAAG requirements for bathrooms and bathtubs even if those rooms are not accessible. In addition, when a public accommodation engages in an alteration to a primary function area -- such as a bathroom in an inn -- the ADA imposes a duty to spend an additional maximum of twenty percent of the original cost of the alteration in making that area accessible to persons with disabilities by creating an

accessible path of travel from the entrance to the facility to the altered area. If the cost of making the path of travel fully accessible would exceed twenty percent of the original cost, any changes that can be made without exceeding twenty percent must be made. cc: Records OADA Wodatch Magagna Beard Arthur udd:Magagna.PL.13 01-00889 -2Copies of the ADA regulations, which include ADAAG, and the Department's Technical Assistance Manual for Title III are enclosed. We hope that this information is useful to you. Sincerely, Joan A. Magagna Deputy Director Office on the Americans with Disabilities Act Enclosures 01-00890

January 28, 1992 Office of American With Disabilities Act Director, John Wadatch THE Department of Justice BABBLING P.O. Box 66118 BROOK Washington, D.C. 20035-6118 INN Dear Sir, For over a year I have been trying to get a building permit to enlarge two bathrooms in my twelve room bed and breakfast inn. In those two bathrooms I would like to install jacuzzi type bathtubs for two persons. My designated handicap bedroom is in the same building downstairs, the other two are upstairs. The local planning department and building department are unclear. I have been told that their interpretation of the law is that I am required to install a jacuzzi tub in the handicap bathroom also. That if I provide an amenity for another guest, I must also provide a jacuzzi bathtub for the handicap. The alternate plan is to provide an elevator to allow the handicap to use the bathrooms upstairs in the other guest's rooms, (obviously this would not be a desireable situation for any of the guests.) In my telephone conversation this morning with the ADA office in Washington, D.C. I was informed that if the improvements were not being made to ground floor accessable rooms, I would not be required to add an additional jet tub to the handicap room. If I am forced

to spend $3,000 to $5,000 improving the handicap bathroom the room rate must be increased also at least $20 per night to help repay the expense and this will be a hardship to my frequent handicap guests who have not requested, nor will probably ever use the jacuzzi tub. Please clarify your position on the issue. The Santa Cruz Building Department says they have no specifications on a jacuzzi tub for the handicap, and I must also find out what those are before they will issue a permit if I want to put one in the handicap room. If you do not require I do so, naturally I would prefer not to spend the additional funds. My handicap guests like the room just the way it and would most likely stay elsewhere if the rate was increased that much. A letter or statement from you would be most helpful on your position on this issue so that I may proceed with the plans and construction details with my architect. Sincerely, Helen C. King Innkeeper Please reply FAX (408) 427 2457 01-00891