JUN 30 1992 DJ 202-PL-88 Jack L. Hockel, D.D.S. 2651 Oak Grove Road Walnut Creek, California 94598 Dear Dr.

Hockel: This is in response to your letter requesting information about the Americans with Disabilities Act (ADA). The ADA authorizes the Department of Justice to provide technical assistance to individuals and entities having rights or 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. You inquire about your obligations under the ADA in connection with your operation of a dental practice in an old home that has five steps to the entrance. You state that installing a ramp would affect the beauty and historicity and that installing a lift would be too expensive. The ADA requires places of public accommodations, such as your dental office, to remove access barriers, such as the entrance steps, where such removal is "readily achievable." The ADA defines readily achievable to mean easily accomplishable without much difficulty or expense. A number of factors are considered in determining whether barrier removal is readily achievable including the nature and cost of the action required and the size and resources of the business involved. Barrier removal is not considered readily achievable if it would threaten or destroy the historic significance of a building or facility that is eligible for listing in the National Register of Historic Places or is designated as historic under State or local law. In many circumstances, providing access to a historic building will not threaten or destroy its historic significance. cc: Records Chrono Wodatch Magagna.pl.88 FOIA Library arthur T. 6/29/92

01-00983 ​ -2If removal of a particular barrier is not readily achievable, health care providers must take alternative measures to make their services available to persons with disabilities as long as these alternative steps are themselves readily achievable. Such alternative measures might include providing services in a different location or making home visits. The obligation to remove barriers is a continuing one. So, for example, if a particular barrier cannot be removed at this time because of financial considerations, but the financial picture subsequently improves, the barrier must then be removed when it becomes readily achievable to do so. I have enclosed a copy of the Department's recently published Title III Technical Assistance Manual which may further assist you in understanding your obligations under the ADA. I hope this information is useful to you. Sincerely, Joan A. Magagna Deputy Director Office on the Americans with Disabilities Act Enclosure 01-00984 JACK L HOCKEL D D S February 21, 1992 DAVID N. ARNOLD D.D.S. BRIAN J. HOCKEL D.D.S. Civil Rights Division Office on the Americans with Disabilities Act U.S. Department of Justice P.O. Box 66118 Washington, D.C. 20035-6118 To Whom It May Concern: I am interested in clarifying my responsibilities under the Americans with Disabilities Act. I own a dental office

which is located in an historic old home. I have had a dental practice here since 1981. There is no ramp or elevator to help people in wheelchairs up the five steps to our front entrance porch (photo enclosed). Am I responsible to construct a ramp (which would affect the beauty and historicity) or install a lift (which would be prohibitively expensive at about $11,000)? Thank you for an early reply. Sincerely, Jack L. Hockel, D.D.S. MAY 16 1992 2651 OAK GROVE ROAD * WALNUT CREEK, CALIFORNIA 94598 * (415) 934-3434 01-00985