T. 9-15-93 Control No. 3082519126 SEP 30 1993 The Honorable Amo Houghton Member, House of Representatives P.O.

Box 908 Jamestown, New York 14702-0908 Dear Congressman Houghton: (b)(6) This letter responds to your inquiry on behalf of your constituent, XX concerning the regulatory requirements of the Americans with Disabilities Act (ADA)for toilet rooms. The ADA authorizes the Department of Justice to provide technical assistance to individuals and entities with rights or obligations under the Act. This letter provides informal guidance to assist your constituent in understanding the ADA accessibility standards. However, this technical assistance does not constitute a legal interpretation of the statute and it is not binding on the Department. (b)(6) has questioned whether he is required to provide accessible toilet facilities in his small business with only two employees. A local building code or plumbing code, not the ADA, should be consulted to determine the number of toilet rooms and plumbing fixtures required in a particular building or facility. The ADA Standards for Accessible Design, in turn, impose requirements for accessibility of all toilet rooms provided in new and altered buildings and facilities. The Standards may be found in Appendix A of the enclosed regulation implementing title III of the ADA. Section 4.1.3(11) of the Standards clearly specifies that if toilet rooms are provided, then each public and common use toilet room shall comply with 4.22. Please encourage your constituents to contact the Public Access Section directly anytime they have questions or need information. The Department maintains a telephone information line to provide technical assistance regarding the rights and 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. cc: Records, Chrono, Wodatch, Harland, McDcwney, FOIA, Friedlander n:\udd\harland\cong.hou 01-02611​ -2I hope the information we have provided is helpful to you and your constituent. Sincerely, James P. Turner Acting Assistant Attorney General Civil Rights Division Enclosure

01-02612 AMO HOUGHTON 31ST DISTRICT, NEW YORK MEMBER NORTHEAST-MIDWEST

COALITION COMMITTEES NORTHEAST AGRICULTURE COMMITTEE ON WAYS CAUCUS AND MEANS CONGRESS OF THE UNITED STATES COMPETITIVENESS CAUCUS SUBCOMMITTEE ON OVERSIGHT VICE CHAIRMAN RANKING MEMBER SUBCOMMITTEE ON HOUSE OF REPRESENTATIVES OFFICE OF SOCIAL SECURITY TECHNOLOGY ASSESSMENT SELECT COMMITTEE ON AGING August 18, 1993 U.S. Attorney General Janet Reno Department of Justice Main Justice Building Room 5111 Pennsylvania and Constitution Avenues NW Washington, D.C. 20530 Dear Attorney General Reno: I have recently been contacted by a constituent who is

starting a small, but new business. The business has only two (b)(6) employees, my constituent, xx and his mother-in-law. In remolding an area in an old building for his business, the contractor involved, told xx that he would have to provide (b)(6) handicapped accessible toilet facilities. Is this true, even if there are only the two employees, with no foreseeable increase in number of people? This building will not house any other business or provide living accommodations for anyone. I would appreciate any information you may be able to provide which would help xx . Please address all correspondence to me at (b)(6) my Jamestown District Office, in care of Staff Assistant Carol Sheldon, P.O. Box 908, Jamestown, New York 14702-0908. I look forward to your response and appreciate your consideration of this request. Sincerely,

Amo Houghton AH/cas 01-02613