DEC 29 1994 The Honorable Pete Peterson U.S. House of Representatives 426 Cannon Building Washington, D.C.

20515-0902 Dear Congressman Peterson: This is in response to your inquiry on behalf of your constituent, Mr. Nathan Lee Head, regarding the Americans with Disabilities Act (ADA). Mr. Head's letter expresses concern that legislation regarding accessibility of facilities to people with disabilities requires access to areas such as elevator pits, catwalks, below ground storage and lube pits. While Florida's State law regarding accessibility may differ, the ADA generally does not require such areas to be constructed to be fully accessible. Rather, the Department of Justice's ADA Standards for Accessible Design (Standards) provide that areas used only as work areas need only be constructed to allow individuals with disabilities to approach, enter, and exit the areas. 28 C.F.R. part 36, Appendix A, § 4.1.1(3). In addition, the ADA Standards provide that accessibility is not required in non-occupiable spaces accessed only by ladders, catwalks, crawl spaces, very narrow passageways, or freight elevators and frequented only by service personnel for repair purposes. Such spaces include elevator pits, elevator penthouses, piping or equipment catwalks. 28 C.F.R. part 36, Appendix A, § 4.1.1(5)(b)(ii). I hope this information is helpful to you in responding to your constituent. Sincerely, Deval L. Patrick Assistant Attorney General Civil Rights Division cc: Records, Chrono, Wodatch, Hill, McDowney, FOIA, Friedlander n:\udd\hille\policylt\peterson.ltr\young-parran

01-03573​ PETE PETERSON 2D DISTRICT, FLORIDA WASHINGTON OFFICE: 426 CANNON BUILDING WASHINGTON, DC 20515-0902 (202) 225-5235 COMMITTEE DISTRICT OFFICES: ON Congress of the United States 930 THOMASVILLE ROAD, SUITE 101 APPROPRIATIONS TALLAHASSEE, FL 32303 SUBCOMMITTEES: House of Representatives (904) 561-3979 ENERGY AND WATER MARIANNA RESOURCES Washington, DC 20515-0902 (904) 526-7516 AGRICULTURE AND RURAL LAKE CITY DEVELOPMENT (904) 752-1088 30 WEST GOVERNMENT STREET ROOM 203 November 21, 1994 PANAMA CITY, FL 32401 (904) 785-0812 Mr. John Wodatch United States Department of Justice Civil Rights Division Public Access Section P.O. Box 66738 Washington, D.C. 20035-6738 Dear Mr. Wodatch: I have enclosed for your review a copy of a letter from one of my constituents, Mr. Nathan Lee Head, regarding the Americans with Disabilities Act. This letter was forwarded to my by Florida State Senator Pat Thomas. Please keep me advised of any action which the Department will take or has already taken on the issues discussed in the letter. Your attention to this matter is greatly appreciated. Sincerely, Pete Peterson, M.C. DBP:ja 01-03574​ October 21, 1994

Senator Pat Thomas 220 Senate Office Bldg. Tallahassee, Fl. 32399-1100 Mr. Thomas, Please look into our Passage of Legislation under the Handicap Disability Act, which I am totally in favor of. However, some elments of this program should be reviewed as the intent that was written into law such as making it manditory to give handicap access to such normally dangerous areas as elevator pits, catwalks, below ground storage and lube pits. There are other areas which keep coming up in the waiver process that should be looked into as this process will show some of these areas which keep coming up and that keep being waived doing nothing except adding to the cost of doing business in Florida. Thank You, Nathan Lee Head, General Contractor RG 0049303 NLH/gd cc/ J. Pybus, Bay County Building Dept. Scott Clemons, House of Representatives Robert Trammell, House of Representatives Robert Harden, Senate W.D. Childers, Senate Pat Thomas, Senate

Nathan Lee Head 13510 Middle Beach Rd., Suite D Panama City Beach, FL. 32407 01-03575