OCT 25 1995 The Honorable Richard J. Durbin Member, U.S. House of Representatives P.O.

Box 790 Springfield, Illinois 62705 Dear Congressman Durbin: I am responding to your inquiry on behalf of your constituents, Dr. Kermit W. Bell and Reverend Paul D. Frazier, regarding the elevator exemption in the Americans with Disabilities Act of 1990 (ADA). Dr. Bell and Reverend Frazier wish to know whether an elevator must be installed in the medical facility being constructed in Calhoun County, Illinois. We apologize for our delay in responding. The Americans with Disabilities Act (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 your constituent in understanding the ADA's requirements. It does not, however, constitute a legal interpretation and it is not binding on the Department. The ADA and the Department's ADA Standards for Accessible Design require an elevator to serve each level of newly constructed or altered buildings. An exception to that requirement exempts privately owned and operated buildings that are less than three stories or that have less than 3000 square feet per story unless the building is a shopping center, a shopping mall, or the professional office of a health care provider. Congress, in enacting the ADA, specifically required that elevators be installed in the newly constructed offices of professional health care providers in recognition of the importance of providing access to health care for people with disabilities. The Department has provided further interpretation of this provision in its Technical Assistance Manual for title III of the ADA. The manual explains that, where a physician has offices on an accessible floor of a two-story building and the other floor cc: Records; Chrono; Wodatch; Milton; McDowney; FOIA udd\milton\congress\elev_dr.dur

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Congress of the United States House of Representatives Washington, DC 20515-1520 September 18, 1995 Mr. Deval L. Patrick Assistant Attorney General For the Civil Rights Division U.S. Department of Justice PO Box 65808 Washington, D.C. 20035-5808 Dear Mr. Patrick: I am writing on behalf of my constituents Dr. Kermit W. Bell and Reverend Paul D. Frazier of the Calhoun Medical Center Board in Hardin, Illinois. The only medical facility in Calhoun County was destroyed in the Flood of 1993. The community is now in the process of rebuilding. The community is planning to build a two story building to house its medical facilities -- the upper level to be used for the medical center and the lower level to be used for storage and public meetings. Both levels are accessible separately by entrances to outside parking lots. The Medical Center Board has been advised that an elevator should be installed in the building to meet ADA requirements. They have contacted my office in an attempt to appeal this decision. The Medical Center Board states that the added cost of this elevator has resulted in the downsizing of the medical center itself and the elimination of many needed medical features. The Board feels that a state-of-the-art medical facility is needed to guarantee quality medical service to its patients and to attract much needed physicians to this rural area. The Medical Center Board contends that both levels of the building are accessible to the handicapped from the outside parking lots on each level. Therefore, the elevator is unnecessary. I respectfully request that this matter be examined further and a decision be made regarding the necessity of this elevator in order to meet ADA requirements. If you have any questions, please feel free to contact Wendy Feezel in my Springfield, Illinois office at P.O. Box 790, Springfield, Illinois 62705

or telephone #217/492-4062. I would also appreciate being kept apprised of the status of this inquiry. Thank you for your attention to this matter, and I await your response. Sincerely, Richard J. Durbin Member of Congress 01-03847 RJD:wf cc: Dr. Kermit Bell Reverend Paul Frazier 01-03848