DJ 202-PL-325 NOV 5 1992 (b)(6) Plantation, Florida 33317 Dear (b)(6) This letter is in response to your inquiries of September 3, 1992

, and October 2, 1992, requesting information about the effect of title III of the Americans with Disabilities Act ("ADA") on your plans to purchase an antebellum house and operate it as a bed and breakfast inn. 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 or legal advice and it is not binding on the Department of Justice. As discussed in your recent telephone conversation with Thomas Contois of this office, there are four general requirements that appear to apply to your plans for the bed and breakfast. First, the ADA requires existing facilities to take certain steps to make their services accessible to persons with disabilities. In particular, title III and the Department of Justice's implementing regulation require existing facilities to provide auxiliary aids and services to ensure effective communication -- for example, telecommunications devices for deaf persons and closed caption decoders -- and to remove barriers to access where it is readily achievable to do so. These requirements for existing facilities are spelled out in sections 36.303 and 36.304 of the title III regulation (which is included as Part III of the ADA Handbook). Second, you indicated that you intend to make certain changes to the rooms on the second floor of the inn. The ADA requires that any alterations to existing facilities that take place after January 26, 1992, must comply with the ADA Accessibility Guidelines. These guidelines are also included in the ADA Handbook, as Appendix B. You will want to look particularly at part 4, which sets out requirements for several types of building features and facilities, and part 9, which sets out additional requirements for places of transient lodging.

cc: Records, Chrono, Wodatch, Breen, Contois, Friedlander, FOIA Udd:Contois:PL.bednbreakfast 01-01709​ -2Third, you should be aware of the path of travel requirements that are triggered by alterations to primary function areas. As section 36.403 of the title III regulation spells out, whenever a place of public accommodation alters a part of its facility that contains a primary function -- as, for instance, guest rooms or bathrooms at a bed and breakfast inn -the place of public accommodation must also provide an accessible path of travel to the altered area. You are not required to spend more than 20% of the total cost of the alterations on the path of travel, but you are obligated to make necessary expenditures up to that 20%. This requirement is further explained in the enclosed Title III Technical Assistance Manual, at pages 49-51. Finally, because the house you are considering buying is an historic building, some of the ADA requirements that would ordinarily apply may be relaxed. The special provisions that apply to historic buildings are set out in part 4.1.7 of the ADA Accessibility Guidelines, and are explained at pages 52-53 of the Technical Assistance Manual. Thank you for your inquiry. I hope this information is useful to you in understanding the requirements of the ADA. Sincerely, Philip L. Breen Special Legal Counsel Public Access Section Enclosure Title III Technical Assistance manual 01-01710​ XX (b)(6) OF FORT LAUDERDALE October 2, 1992 TO: Office of the Americans with Disabilities

FROM: (b)(6) SUBJECT: Attached letter of September 3, 1992 To date I have not received and answer to letter that is attached to this correspondence. I now desire to make an offer on the property in question but still need the answers to the questions I have raised in my letter of September. I cannot make an offer if I am not assured that certain items of the Americans with Disabilities Act will prevent me from using the property as a bed and breakfast inn. Please review my letter of September and answer the questions raised. I thank you for your cooperation Sincerely, (b)(6) (b)(6) 01-01711​ (b)(6) OF FORT LAUDERDALE September 3, 1992 TO: Office on the Americans with Disabilities Act. From: (b)(6) Subject: Interpretation of Handbook I have received the subject handbook and have spent many hours trying to find the answer/s to my application of the Disabilities Act to a business my wife and I are pursuing. We will purchase a antebellum house in West Georgia that is on the Historical Register due to it's age, former use and classic neo-Greek design which is one of the few in the United States. We desire to establish this facility as a Bed

and Breakfast Inn. The proposed conditions are the following. 1. 2. 3. The inn will have six (6) bedrooms, and in the future possibility 10, all on the second floor. We will also live in the facility as our permanent and only residence. We are greatly restricted by the historical society as to the changes and modifications we can make to the facility. What faction, Act or Society, has jurisdiction in this situation?


I thank you for your cooperation in answering these questions and interpretation of the Disabilities Act as it applies to my situation. Sincerely, (b)(6) Plantation, FL. 33317 01-01712