T. 3-16-93 Control No. X93021001461 Mar 22 1993 The Honorable Richard E. Neal Member, U.S.

House of Representatives 1550 Main Street Federal Building Springfield, Massachusetts 01103 Dear Congressman Neal: This letter responds to your inquiry on behalf of your constituent, Mr. Dave Canegallo, regarding the percentage of accessible portable toilets required under title III of the ADA. The ADA authorizes the Department of Justice to provide technical assistance to individuals or entities having rights or obligations under the Act. This letter provides informal guidance to assist your constituent in understanding the ADA's requirements. However, it does not constitute a legal interpretation and it is not binding on the Department. The standards for accessible design that apply to accessible portable toilets are contained in the ADA Accessibility Guidelines for Buildings and Facilities (ADAAG), published as Appendix A of the Department of Justice's ADA Regulation under title III. ADAAG section 4.1.2(6) specifically addresses this issue. It states: ". . . For single user portable toilet or bathing units clustered at a single location, at least 5% but no less than one . . . unit complying with 4.22 . . . shall be installed at each cluster whenever typical inaccessible units are provided. . . . " Section 4.22 contains design requirements for accessible toilet rooms. Portable toilet units at construction sites used exclusively by construction personnel are not required to be accessible. Two copies of the Department's title III regulation are enclosed for the use of your constituent and your staff. Tabs have been inserted on the pages containing ADAAG sections

cc: Records, Chrono, Wodatch, Lusher, McDowney, FOIA, MAF n:\udd\mercado\congltrs\neal.rhl

01-01959 -24.1.2(6) and 4.22, addressed above. I am also enclosing two copies of our Title III Technical Assistance Manual. I hope that the information provided is helpful to you and your constituent. Sincerely, James P. Turner Acting Assistant Attorney General Civil Rights Division Enclosures

01-01960 RICHARD E NEAL COMMITTEE ON WAYS AND ILLEGIBLE SECOND DISTRICT, MASSACHUSETTS SUBCOMMITTEE ON TRADE SUBCOMMITTEE ON SELECT REVENUE MEASURE WHIP AT-LARGE

Congress of the United States House of Representatives Washington, DC 20515 February 3, 1993 Mr. John Wodatch Civil Rights Division U.S. Department of Justice P. O. Box 66738 Washington, D.C. 20035-6738 Dear Mr. Wodatch,

I am writing on behalf of Mr. Dave Canegallo, who has recently contacted my office for assistance. Mr. Canegallo is the owner of a portable restroom company (Sani Can) which services outside events such as fairs and festivals in the area. His concern is to meet the requirements in relation to Title III of the Americans With Disabilities Act regarding public accommodations, specifically the ratio of portable handicapped toilets to regular portable toilets. Please forward to Noreen Sexton in my Springfield District Office any information which would allow me to assist Mr. Canegallo. I would also request that you keep Ms. Sexton informed of any developments regarding this matter. Thank you very much for your attention to this problem. I look forward to hearing from you at your earliest convenience. Sincerely, RICHARD E. NEAL Member of Congress REN/nrs enclosure 01-01961