DJ 202-PL-260 APR 27 1993 (b)(6) Boynton Beach, Florida 33435 Dear XX This letter responds to your inquiry regarding

the application of title III of the Americans with Disabilities Act (ADA) to the provision of biohazardous waste containment systems at hotels. 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. Your letter asks about the responsibility of hotels to provide Sharps Containment Systems for use by persons with diabetes. Your question raises a number of issues under the Department of Justice's regulation implementing title III of the ADA (enclosed). Under section 36.202 of the title III regulation, public accommodations, including hotels or motels, are required to provide individuals with disabilities with an equal opportunity to enjoy the services that they offer. Housekeeping services, including garbage disposal, are among the services traditionally provided by places of lodging. Places of lodging are not required by Occupational Health and Safety Administration regulations to utilize biohazardous waste systems in garbage disposal, although use of such systems may be advisable. Because the use of biohazardous waste containment systems in the hotel setting is optional, the failure to provide such systems does not exclude individuals with disabilities from equal access to the enjoyment of lodging services. Thus, section 36.202 of the ADA title III regulation does not require hotels to provide such systems. cc: Records, Chrono, Wodatch, Breen, Novich, FOIA


01-02021 -2Moreover, under section 36.302 of the title III regulation, places of lodging must make reasonable modifications in policies, practices, and procedures when such modifications are necessary to afford the goods or services of the place of lodging to an individual with a disability. As stated above, although the use of biohazardous waste disposal systems may be advisable in hotels, it is not required by law. Modifications of waste disposal policies to provide Sharps containment systems at places of lodging are not required by section 36.302, then, because such systems are not necessary to afford lodging services to persons with disabilities. I hope this information is useful to you in understanding the requirements of the ADA. Sincerely, John L. Wodatch Chief Public Access Section Enclosures (2) Title III Technical Assistance Manual Title III Regulation