T. 6-15-93 DJ 202-PL-338 JUN 25 1993 Michael A. Cassavoy, P.E., R.A. Principal CID Associates, Inc.

108 Lincoln Street Boston, Massachusetts 02111 Dear Mr. Cassavoy: This letter responds to your correspondence regarding the application of the Americans with Disabilities Act (ADA) to the requirement for areas of rescue assistance in new construction. The ADA authorizes the Department of Justice to provide technical assistance and information to individuals and entities who have questions about the Act or the Department's Standards for Design. This letter provides informal guidance to assist you in understanding and complying with the ADA Standards for Accessible Design. However, this technical assistance should not be viewed as legal advice or a legal opinion about your rights or responsibilities under the ADA. The new construction scoping requirements for accessible means of egress in section 4.1.3(9) of the standards allow areas of rescue assistance to be included as part of an accessible means of egress from occupiable levels above or below a level of accessible exit discharge. In a multi-story building, it may be impossible to provide means of egress independently accessible by persons unable to use stairs. Areas of rescue assistance allow such individuals to remain in a protected area for a short time awaiting the assistance of trained emergency personnel. The standards allow an exemption to the requirement for areas of rescue assistance in buildings equipped with a supervised automatic sprinkler system. This exemption does not affect the requirement that accessible means of egress equal in number to exits required by local regulations be provided from an accessible exit discharge level.

We hope this information is helpful to you. Please contact the Public Access Section any time you have questions or need information. The Department maintains a telephone information line to provide technical assistance regarding the rights and cc: Records, Chrono, Wodatch, Breen, Harland, FOIA, Friedlander n:\udd\mercado\plcrtltr\cassavoy-ewh 01-02424 -2-

obligations of individuals, businesses, agencies, and others covered or protected by the ADA. This technical assistance is available by calling 202-514-0301 (voice) or 202-514-0383 (TDD) between 1:00 p.m. and 5:00 p.m., Monday through Friday. Sincerely,

John L. Wodatch Chief Public Access Section 01-02425​ Michael A. Cassavoy James G. Jacobs John F. King, jr. George J Manos Principals CID ASSOCIATES, INC May 5, 1993 Ms. Ellen Harland Office on ADA U.S. Department of Justice P.O. Box 66118 Washington, D.C. 20035-6118

Re: ADA Tech. Assistance Section 4.1.3, Paragraph 9 Dear Ms. Harland: I am writing to you on behalf of Mr. Michael Cassavoy. Through one form or another of miscommunication, a letter (See attached copy), which Mr. Cassavoy wrote to the Department of Justice on September 4, 1992, has not been responded to in writing. Evidently, you and Mr. Cassavoy spoke on October 27, 1992 and you provided an opinion on the subject in question. We would be very thankful if you would provide an answer or answers in writing at your earliest convenience as this matter is of great concern to us and our clients. Respectfully, CID ASSOCIATES, INC.

David F. Potenza Manager Facilities Services C2020081/krj 01-02426​ Michael A. Cassavoy James G. Jacobs John F. King, jr. George J Manos Principals CID ASSOCIATES, INC September 4, 1992 Office on ADA Civil Rights Division U.S. Department of Justice P.O. Box 66118 Washington, D.C. 20035-6118

Re: ADA Tech Assistance Section 4.1.3 Paragraph (9) To Whom It May Concern: We are interested in receiving an interpretation relative to the exception statement of Section 4.1.3, Paragraph (9) ["EXCEPTION: Areas of rescue assistance are not required in buildings or facilities having a supervised automatic sprinkler system."]. Does the exception statement pertain to the egress requirement found in the first sentence of Paragraph (9)? Are we to understand that the exception pertains to only the areas of rescue assistance requirement found in Paragraph (9)? More specifically, concerning buildings that have sprinkler systems, do we need to make all required egress exits that are on accessible levels, accessible or does the exception eliminate the requirement? Any clarification regarding this particular Section's exception statement would be very much appreciated. Very truly yours, CID Associates,

Michael A. Cassavoy, P.E.R.A. Principal 01-02427