DJ 202-PL-229

SEP 16 1993

Ms. Barbara M. Japha

Counsel -- Real Estate
U.S. West Business Resources, Inc.
168 Inverness Drive West, Suite 500
Englewood, Colorado 80112

Dear Ms. Japha:

I am writing in response to your June 30, 1992, letter

requesting information about the Americans with Disabilities Act
(ADA).

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 and it is
not binding on the Department.

Your letter raises the question of whether "non-work

equipment reporting facilities" are commercial facilities subject
to the new construction requirements under the ADA Accessibility
Guidelines. The term "commercial facilities" includes non-
residential facilities affecting commerce. Because the
facilities under consideration fall into this category,
Construction or alteration of the facilities must be carried out
in compliance with this Department's accessibility standards.

In your conversations with Ken Nakata from this office, you

indicated that these "non-work equipment reporting facilities"
were telephone "switching stations." We understand these
stations comprise either small unstaffed work areas that are
infrequently visited by service personnel for repair, service,
and maintenance or larger specially constructed metropolitan
stations with accessible control rooms and separate equipment
work areas housing large racks of equipment accessible only by
ladders. We also understand that the smaller, unstaffed

cc: Records; Chrono; Wodatch; Bowen; Nakata; FOIA; MAF.

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switching stations are arranged in various configurations,

including units located below ground and accessible only by
manholes, ladders, and narrow stairwells or units located above
ground and accessible by several small stairs.

Under the Department's regulations, accessibility is not

required for non-occupiable spaces accessed only by ladders,
catwalks, crawl spaces, very narrow passageways, or freight (non-
passenger) elevators, and frequented only by service personnel
for repair purposes. See Section 4.1.1 of the standards for
accessible design, found at Appendix A to the Department's
regulation implementing title III. Therefore, the smaller
switching stations that you described would be exempt from the
ADA's accessibility requirements if they constitute a non-
occupiable space and to the extent that they are entered or
approached through one of these very limited means. Furthermore,
to the extent that smaller switching stations are not located on
a "site" (as where a switching station is located beneath a
public street and accessible only by manhole), they cannot be
deemed "facilities" under the accessibility standards and would
again be exempt from the ADA's accessibility requirements. See
Section 3.5 (definition of "facility"). Other smaller switching
facilities and equipment rooms in larger metropolitan facilities
would be deemed "work areas" and should be designed and,
constructed so that individuals with disabilities can approach,
enter, and exit the areas. See Section 4.1.1(3). They would
also be subject to the ADA's accessibility requirements to the
extent that they are altered.

I have enclosed a copy of the Department's Title III

Technical Assistance Manual, which may further assist you in
understanding your obligations under the ADA. I hope this
information is useful to you.

Sincerely,

John Wodatch
Chief
Public Access Section

Enclosures
Title III Regulation
Title III Technical Assistance Manual

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