DJ 202-PL-518 SEP 15 1993 Myron Koplin Macon Iron & Paper Stock Co., Inc. P.O.

Box 506 Macon, GA 31202 Dear Mr. Koplin: This letter is in response to your inquiry about the application of the Americans with Disabilities Act of 1990 (ADA) to your residential apartment building. 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. You ask whether the ADA requires the installation of an entry and exit ramp in your apartment building in order to provide access for the elderly. Strictly residential facilities are not covered by title III of the ADA. However, there is one possible application to your apartment building. Common areas within residential buildings that are used by persons other than building tenants and their guests, are covered by the ADA if they fall into at least one of the 12 categories of places of public accommodation. A rental office, for example, would be a place of public accommodation within the meaning of the ADA. A swimming pool for which memberships are sold to the general public would also be a place of public accommodation. Areas that serve these places of public accommodation, such as parking lots, entrances, and paths of travel, are required under the ADA to be accessible. In your case, for example, a ramp may be required if necessary to provide access to a place of public accommodation within the apartment building.

cc: Records, Chrono, Wodatch, Breen, Novich, FOIA, MAF Udd:Novich:Policy:518

01-02598 2 For your further information, I am enclosing the regulation promulgated under title III and the Title III Technical Assistance Manual and Supplement. ADA coverage of common areas in residential facilities is discussed on page I of the Supplement. I hope this information is helpful to you. Sincerely,

Philip L. Breen Special Legal Counsel Public Access Section

Enclosures Title III regulation Title III Technical Assistance Manual and Supplement

01-02599 U.S. Department of Justice Civil Rights Division Public Access Section DJ 202-PL-518 P.O. Box 66738 Washington, D.C. 20035-6738 APR 28 1993 Mr. Myron Koplin Macon Iron & Paper Stock Company, Inc. P.O. Box 506 Macon, Georgia 31202 Dear Mr. Koplin: The Civil Rights Division of the Department of Justice has received your request for an interpretation of the Americans with Disabilities Act (ADA). The ADA authorizes the Department of Justice to provide technical assistance to entities that have rights or responsibilities under the Act. The Civil Rights Division will treat your inquiry as a request for technical

assistance and will provide informal guidance to you. However, because of the large volume of requests for interpretations of the ADA, we are unable to answer your letter at this time. Please be assured that the Division will respond to your letter as soon as we can, although we cannot guarantee a response by a certain date. We regret any inconvenience caused by our delay in responding and have enclosed for your information two documents on the ADA: "Title II Highlights" and "Title III Highlights." Sincerely, Philip L. Breen Special Legal Counsel Public Access Section Civil Rights Division (handwritten) Many thanks. Enclosures Thanks for documents. Under Title III, is a residential apartment building.* construed as a public accommodation? Response to this is my single question. *Eight floors 45 units 01-02600 RapidForms LETTER-LIMINATOR TO FROM Office on the Amer. w Dis. Act. MACON IRON & PAPER STOCK CO., INC. P. O. Box 66118 "Serving Middle Georgia Since 1919" Washington, DC 20035 P. O. Box 506 Macon, GA 31202 (912) 743-6773 Fax (912) 743-9965 Subject: Wheelchair Access to 50 unit Apartment, 7 floors 4/15/93 MESSAGE Myron Koplin

I requested apartment to install entry and exit ramps for elderly, they replied that because is a residential Historic District,

they are exempt. Is this correct? I thought if installation can comply with zoning requirement, ramp would be required. Can you advise. With thanks. Myron Koplin. REPLY

202-PL-518 LETTER-LIMINATOR

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