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FEB 9 1994 The Honorable Robert S. Walker U.S. House of Representatives 2369 Rayburn House Office Building Washington, D.C.

20515-3816 Dear Congressman Walker: This letter is in response to your inquiries an behalf of your constituent, XX (B)(6) Your letter indicates that XX has recently purchased a three story bed and breakfast inn. She wishes to obtain information regarding the requirements of the Americans with Disabilities Act ("ADA") applicable to the two floors of bedrooms in the inn. XX also inquired as to a deadline to meet the requirements, particularly for work on the entrance door and bathrooms. Title III of the ADA applies to all privately owned places of public accommodation. Title III sets forth twelve categories of entities that are places of public accommodation having obligations under the Act. One of these categories is "an inn, hotel, motel, or other place of lodging, except for an establishment located within a building that contains not more than five rooms for rent or hire and that is actually occupied by the proprietor of the establishment as the residence of the proprietor." Unless XX inn is an owner-occupied establishment renting fewer than six rooms, the inn is subject to the ADA requirements to have nondiscriminatory policies and procedures, to provide effective communication to persons with disabilities, and to remove architectural barriers in the facility where it is readily achievable. These obligations are described in more detail in the enclosed Technical Assistance Manual published by the Department of Justice. See Part III3.0000 (pp. 14-21) and Part III-4.0000 (pp. 22-39). cc: Records; Chrono; Wodatch; McDowney; Pestaina; Magagna; FOIA; MAF. \udd\pestaina\cgl\walker 01-02906

-2(b)(6) The effective date for compliance with the ADA requirements was January 26, 1992. Thus, if XX inn contains any architectural barriers whose removal is "readily achievable," including any work on the entrance door or bathrooms, work to remove those barriers should have been completed. I have also enclosed for your information a copy of the title III regulation promulgated by the Department of Justice. The provisions regarding the effective date of the Act and the obligation to remove architectural barriers may be found in sections 36.304 and 36.508 of the regulation, and are discussed in the Technical Assistance manual on pages 30 through 39 (barrier removal), and page 71 (effective date). The penalties provided for a violation of the Act are set out in sections 36.501 and 36.504. They are discussed in the Technical Assistance Manual on pages 68 through 71. (b)(6) For further information about the ADA, XX may call our ADA information line at (202)514-0301 from 1 p.m. to 5 p.m. EST. I hope this information is useful to you in responding to XX (b)(6) Sincerely,

James P. Turner

Acting Assistant Attorney General Civil Rights Division Enclosures

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