T. 11-12-92 DJ 202-PL-00092 NOV 16 1992 Mr. Richard J. Furman Furman and Furman Architects, P.C.

60 Cutter Mill Road Great Neck, New York 11021-3131 Dear Mr. Furman: CHIEF WODATCH I am writing in response to your letter requesting information on the application of the requirements of the DATE Americans with Disabilities Act (ADA) to mezzanines in food stores. SP COUNSEL The ADA authorizes the Department of Justice to provide PLB technical assistance to individuals and entities that are subject to the Act. This letter provides informal guidance to assist you DATE in understanding the ADA Accessibility Guidelines. However, this technical assistance does not constitute a legal interpretation and it is not binding on the Department. ORIGINATOR LUSHER In new construction and alterations, the Guidelines 11/12/92 generally require that at least one accessible passenger elevator DATE serve each level of a multistory building, including mezzanines (S 4.1.3(5)). However, there is an exception to this general rule. Elevators are not required in facilities that are less than three stories or have fewer than 3000 square feet per story, unless the building is a shopping center or mall, the professional office of a health care provider, a public transit station, or an airport passenger terminal. Similarly, elevators are not required in a one-story building. As defined in S 3.5 of the Guidelines, a story is "occupiable" space, which means space designed for human occupancy, contained between the upper surface of a floor and the upper surface of the floor or roof above. Basements designed or intended for occupancy are considered "stories." Mezzanines are not counted as stories, but are levels within stories.

If the food store is in a multistory building that is part of a shopping center or a shopping mall, then the mezzanine level must be served by an elevator. This is required unless (1) the cc: Records, Chrono, Wodatch, Breen, Lusher, FOIA, Library udd:mercado:policy.letters.certif:lusher.wodatch.furman 01-01722​ -2mezzanine is an "observation gallery used primarily for security purposes" (S 4.1.1(5) (b)(i)), or (2) the mezzanine is both located within an area used solely by employees as a "work area" and also contains only space used solely by employees as a "work area" (S 4.1.1(3)). In the latter case the mezzanine need not be accessible because the larger area in which it is located must only comply with the requirements for work areas contained in S4.1.1(3). That section provides that: Areas that are used only as employee work areas shall be designed and constructed so that individuals with disabilities can approach, enter, and exit the areas. These guidelines do not require that any areas used only as work areas be constructed to permit maneuvering within the work area or be constructed or equipped (i.e., with racks or shelves) to be accessible. For example, if the mezzanine is located completely within a work area, such as the warehouse portion of a food store, and the mezzanine itself contains only work areas (meaning it does not contain public use or common use areas such as toilets or an employee lounge), the mezzanine area would not be required to be accessible. The work area accessibility requirement would be satisfied as long as the larger warehouse area could be approached, entered, and exited. I hope this information is helpful. I am enclosing for your use a copy of the Department's ADA Title III Technical Assistance Manual. Further discussion of this issue may be found on page 56 of the Manual. Please feel free to contact our ADA Information Line for further assistance on (202) 514-0301. Sincerely,

John L. Wodatch Chief Public Access Section Enclosure 01-01723​ P.C. FURMAN AND FURMAN ARCHITECTS, 60 CUTTER MILL ROAD, GREAT NECK, N.Y. 11021-3131 TELEPHONE: 516-487-8933 FAX: 516-466-8904 20 December 1991 Mr. John Wodatch Director of the Office on ADA Civil Rights Division Department of Justice P.O. Box 66118 Washington, DC 20035-6618 Re: Shoprite Food Store Montgomery, NY Dear Mr. Wodatch: I am writing this letter to you for a formal interpretation of the requirement of the ADA with regard to the necessity for passenger elevators in a food store. The food store in question is part of a strip center and has a small mezzanine at the front for administrative personnel. This mezzanine also includes a "break room" and toilet facilities. There are toilet facilities for the physically handicapped provided on the first floor. My understanding of requirements of the ADA with regard to elevators are as follows: 1. Section 4.1.3. of the ADA indicates that a facility less than three stories in height is exempt from the requirement of an elevator, unless it is a shopping center. Appendix III of the ADA defines the term "shopping center" as only including floor levels containing at least one sales or rental establishment or any floor level designed or intended for use by at least one sales or rental


establishment. This section also states that grocery stores incorporating mezzanines, housing administrative offices were sought for exemption by the commentors on this code. 3. Appendix III further states in section 36.401 that the facility housing a shopping center or shopping mall only includes floor levels housing at least one sales or rental establishment or any floor level designed or intended for use by at least one sales or rental establishment.

The code is somewhat confusing with regard to these requirements. Does the term "used by at least one sales or rental establishment" mean mercantile use for the public? The above stated information appears to point in that direction? Rec'd 12/20/91 202-PL.00092 01-01724 Mr. John Wodatch Shoprite Food Store Montgomery, NY 20 December 1991 Page 2 If you need further information with regard to the design of this building, please do not hesitate to contact me directly. Your assistance in this matter is greatly appreciated. Yours very truly, Richard J. Furman RJF/mb Enclosure cc: L. Davis w/encl. E. Sadleir w/encl. J. Mench w/encl. A. Dorado w/encl. G. Holz w/encl. VIA FAX 01-01725