JUN 23 1992

DJ 202-PL-165

Mr. Thomas R. Howard
Beck Program Management
1401 Elm Street, No. 4585
Dallas, Texas 75202

Dear Mr. Howard:

     This letter responds to your inquiry as to the requirements
for barrier removal under the Americans with Disabilities Act
(ADA), 42 U.S.C. 12101-12213. The ADA authorizes the Department
of Justice to provide technical assistance to individuals or
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.

     Specifically, you inquire whether any alteration to make a
rest room accessible that can be made without requiring the
relocation of walls is probably (or necessarily) readily
achievable. Further, you inquire whether the same number of
accessible entrances to a building are required under the readily
achievable barrier removal standard as are required under
4.1.3.(8) of ADAAG.

     As you clearly understand, depending on the context, title
III of the ADA imposes a range of compliance standards on private
entities regarding physical barriers in places of public
accommodation. When a public accommodation is engaged in neither
new construction nor alteration of a facility, then the least
rigorous accessibility obligation is imposed. The public
facility must remove any physical barriers to individuals with
disabilities where the removal of those barriers is "readily
achievable" -- that is, where the removal can be done easily and
without much difficulty or expense.

cc: Records Chrono Wodatch Bowen Bea rd.ta.302.howard
    arthur T. 6/17/92

01-00951

                                   - 2 -

     The regulations issued by the Department of Justice discuss
the factors that are to be used in determining whether the
removal of a particular barrier is readily achievable. These
include the nature and cost of the action, the financial
resources available both to the site and the parent organization,
the size and number of employees at the site and overall, and the
relationship of the site to the parent organization. A copy of
these regulations is enclosed.

     Because all of these factors must be considered, it is not
possible to state a general principle concerning whether the
removal of particular existing physical barriers in restrooms is
readily achievable. Some alterations requiring the relocation of
a wall, particularly an easily moved wall, might indeed be done
easily and without much difficulty or expense; but also some
modifications, particularly those requiring the moving of
plumbing and fixtures, might not be readily achievable.

     Whether a particular building entrance to an existing
building must be made accessible must be evaluated in the same
way. Your clients do not need to make any entrance accessible if
to do so would not be readily achievable. However, as all or
parts of the existing facility are altered or modified, the
facility's owner would have an obligation under the "path of
travel" provision of 28 C.F.R. 36.403(e) to spend at least twenty
per cent of the original alteration cost to make accessible a
path of travel to the original altered area, including an
accessible entrance.

     Where removal of all barriers is not readily achievable, you
must still take whatever steps you can under that standard to
remove barriers. In addition, the obligation to remove any
existing barriers is an ongoing one. What is not readily
achievable today may be readily achievable next year.

     We hope that this information is useful to you in evaluating
your client's compliance with the ADA.

                              Sincerely,

                            L. Irene Bowen
                            Deputy Director
               Office on the Americans with Disabilities Act

01-00952

BECK Program Management
April 24, 1992

The Office of the Americans with Disabilities Act
Civil Rights Division, U.S. Department of Justice
P.O. BOX 66118
Washington, D.C. 20035-6118

Re: Title III of the ADA
       Section 36.304 Removal of Barriers

Dear Sir:

BECK Program Management is a construction management firm located in Dallas, 
Texas, that is involved in ADA compliance. We provide consulting services to 
clients regarding compliance with Title III of the ADA. More specifically, our 
firm provides site surveys and inspection services to clients for their 
existing facilities. In essence, we help our clients develop compliance plans 
for barrier removal for their existing facilities. We also are a member of a 
group which among others includes the Kent Waldrep National Paralysis 
Foundation. This group which was formed in May, 1991 provides seminars and 
training sessions to public and private groups. All of our services to this 
group are donated and all proceeds from these seminars are donated directly 
to the Foundation.

The purpose of this letter is to request clarification on two issues regarding 
barrier removal in existing facilities or buildings. First, in advising
clients 
regarding toilet facilities, where does one draw the line between readily 
achievable and not readily achievable? In general, we advise our clients that 
if improvements can be made that do not require the relocation of walls, these 
changes are probably readily achievable and should be undertaken. On the other 
hand, if the size of a toilet room is such that nothing short of relocating 
walls will make these rooms accessible, we advise them that such changes may 
not be required.

Second, regarding accessible entrances into a building, how many accessible 
routes are actually required into an existing building? Is it the same number 
as that required for new buildings as specified per 4.1.3.(8) of ADAAG or can 
less than 50% be accessible for existing buildings? If the building has four 
entrances and only one of these is accessible, must the building owner make 
other entrances accessible?

We would appreciate any input or advice you could provide regarding these
areas of compliance. We are constantly confronted with questions regarding
these areas of accessibility and would like to know that we are providing
accurate and reasonable advice to our clients and associates.

Sincerely,

Thomas R. Howard
ADA Program Administrator
BECK Program Management
01-00953