T. 10-14-92 DJ 202-PL-283 OCT 22 1992 (STAMP) Philip D.

Mosciski, AIA The Tecton Partnership One Hartford Square West Hartford, Connecticut 06106 Dear Mr. Mosciski: This letter is in response to your letter requesting clarification of the application of section 403(g) of this Department's regulation implementing title III of the Americans with Disabilities Act (ADA). The ADA authorizes the Department of Justice 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, it does not constitute a legal opinion or legal advice, and it is not binding on the Department. Your letter indicates that you represent a client who is altering a primary function area in a commercial facility. Your client plans to modify the path of travel to provide access to the altered area according to the priorities established in section 403(g), but your client does not plan to spend the full 20 percent of the cost of the alteration to the primary function area. You have asked if your client is required to spend the full 20 percent to make all of the restrooms and drinking fountains on the path of travel accessible. Section 36.403 of this Department's regulation requires a public accommodation or commercial facility that is altering an area containing a primary function to spend up to 20 percent of the cost of the overall alteration to make the path of travel to the altered area and the restrooms, drinking fountains, and telephones serving the altered area accessible. The full 20 percent must be spent unless the path of travel (including the restrooms, drinking fountains, and telephones serving the altered area) may be brought into compliance with the ADA Accessibility Guidelines for a lesser amount. Section 403(g) establishes the

cc: Records, Chrono, Wodatch, Breen, Blizard, FOIA, Library udd:mercado:policy.letters.certif:blizard.wodatch.mosciski 01-01616​ -2priorities that should be followed only when it is not possible to make the path of travel accessible without exceeding 20 percent of the cost of the alteration. Your letter also asks if it is necessary to make all of the restrooms and drinking fountains on the path of travel accessible if this can be done without exceeding the 20 percent limit. The ADA only requires that restrooms, drinking fountains, and telephones that serve the altered primary function area must be made accessible. Determining which particular elements must be made accessible requires a case-by-case assessment of the area that is being altered to determine which elements actually serve that area. For your information, I have enclosed copies of this Department's regulation implementing title III and our Title III Technical Assistance Manual. I hope that this information is helpful to you. Sincerely, John L. Wodatch Chief Public Access Section Enclosures (2) 01-01619​ the tecton PARTNERSHIP August 13, 1992 TECHNICAL SERVICES GROUP Office of the Americans with Disabilities Act One Hartford Square West Civil Rights Division Hartford, CT 06106 Department of Justice 203 522-7202 P.O. Box 66738 Fax 249-2531 Washington, D.C. 20035-9998

RE: 28 CFR Part 36 36.403(g)(2) Dear Sir/Madam: I would like a written clarification on section 36.403(g)(2) in regards to disproportionality. A commercial building owner is making alterations to their facilities and plan on complying with the priority list as stated in the above mentioned section for making the path of travel accessible. The costs for the planed changes to the path of travel do not reach 20% of the costs of alterations. Also, there are more restrooms and drinking fountains along the path of travel that are not going to be made compliant. Does the owner have to keep going and make more restrooms and drinking fountains accessible until the path of travel costs reach 20% of the costs for the alterations? To date this question is affecting our commercial clients. We see the need to get clarification on this same section in regards to our "Public Accommodations" clients also. A written clarification will be helpful in our efforts to make sure we are informing our clients appropriately for complying the the Americans with Disabilities act. Sincerely, Philip D. Mosciski AIA ADA AMERICANS WITH DISABILITIES ACT AUG 19 1992 (STAMP)

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