September  1, 1992                                MAYTAG CORPORATION

Mr. John Wodatch 
Office of ADA
Civil Rights
U.S. Department  of Justice
P.O. Box 66738
Washington, D.C.  2O035-9998

Re: American With Disabilities Act of 1990
    Interpretations of Title III Department of Justice Regulations

Dear Mr. Wodatch:

I am writing on behalf of Maytag Company and Dixie-Narco, Inc. concerning
different, but related, issues which are being raised by their customers.
Maytag Company is a division of Maytag Corporation.  Dixie-Narco, Inc. is a
wholly-owned subsidiary of Maytag Corporation. The issues are:

     1.   Commercial washer compliance with A.D.A.; and

     2.   The extent to which A.D.A requires Braille lettering on commercial
          laundry and vending equipment.

Both issues directly affect customers' demands for products sold by those two
parts of the corporation.

1.   COMMERCIAL WASHERS

     1.   Product Background

Commercial washers used in coin laundries and multiple dwelling situations
(apartments, dormitories, etc.) are either top-loading (and operate much like
your washer at home) or front-loading (place clothing through a door In the
front of the machine).

Front-loading washers cost their ultimate purchaser from two-to-four times as
much as top loaders. Each wash load in a front-loading washer costs the laun-
dry customer between 50% and 75% more than does each load in a top-loading
washer.   Front-loading washers are typically installed by bolting them to a
raised concrete platform, with the exception of a Wascomat Model P-12
(manufactured for Wascomat in Italy) and a Miele product (manufactured by
Miele in Germany).   Front-loading washers, with the exception of the Wascomat
Model P-12 and the Miele product are typically designed for detergent, fabric
softener, and other laundry aids to be used by placing them in compartments on
top of the washer.


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                                   - 2 -
Industry sales figures for front-loading washers are somewhat sketchy. Howev-
er, in 1991 269,000 commercial top-load washers were sold in the U.S. This
figure was down approximately 15% from 1990 unit sales. Of these units, ap-
proximately 80% were placed in multiple housing locations. Maytag Company
enjoys are significant share of the multiple housing top-load washer market.

In normal installations, the tops of Maytag Company's top-load washers are
approximately 36" above floor level.  Maytag Company has anecdotal evidence
that wheelchair-bound customers prefer to use top-loading washers over front-
loading washers.  Also, Maytag Company conducted unscientific experiments
which indicate that wheelchair-bound customers can completely operate a
normally-installed Maytag top-load washer.

      2.  ADA Regulation

The only specific ADA Accessibility Guidelines that affect laundry equipment
are those concerning controls and operating mechanisms, ADAAG 4.27; 4.2.5; and
4.2.6.

According to ADAAG Figures 6(b) and 6(c), there are two different methods of
determining whether controls and operating mechanisms are accessible.  The
first method applies to equipment which can be operated without reaching over
an obstruction.   If the operator is not reaching over an obstruction, the
controls and operating mechanisms can be as high as 54" off the ground and can
be as low as 9" above the ground.

The second method applies to equipment which can be operated while reaching
over an obstruction.    If the operator is reaching over an obstruction, the
height of the obstruction can only be 34" off the floor.  Also, the control or
operating mechanism which you are trying to reach over that 34" obstruction
can be no more than 24" from the front of that obstruction.
 
Thus, the Department of Justice's ADA Title III regulations suggest that both
top-loading washers and front-loading washers (which normally operate by
placing detergent, fabric softener, and other laundry aids in compartments on
top of the front-load washer) comply with ADA Title III if the tops of both
types of equipment are no higher than 34" from the floor.

     3.   ADA Compliance

If necessary, the ADA Title III Department of Justice standard can be met for
Maytag top-load washers by Installing 2" false floors or lowering the washer
2" below the customer's floor level. The only way it can be met for
front-loading washers is by forcing the use of the foreign-produced machines
or by ignoring the fact that users of domestic-produced front-load washers (as
designed for normal operation) need to reach over an obstruction higher than
34" in order to place detergent, fabric softener, and other laundry aids
necessary to launder clothing.

Other practical concerns include the following.  Must 100% of the washers
(whether front-loading or top-loading) be accessible? If not, how many wash-
ers must be accessible?

     4.   Contradictory Federal Regulations?

          a. U.F.A.S.
The Uniform Federal Accessibility Standards, adopt ANSI A117.1-1986, a later
version of the same standard which was the basis of the Department of
Justice's ADA Title III regulations.  ANSI A117.1-1986 contains the same reach
require-

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ments as the ADA Tittle III regulations.   However, L.F.A.S. adopts ANSI
A117.1-1986 In its entirety and states that washing machines and clothes
dryers in common-use laundry rooms "shall be front loading."   Are front
loaders required without regard to the reach requirements In ANSI A117.1-19867
Are top loads" really Intended to be banned?

     b.     H. U. D.

The regulations of the Department of Housing and Urban Development are also
based on ANSI A117.1-1986. The HUD regulations apply, in general, to dwell-
lings which house four or more families.

The H.U.D. regulations, contrary to ANSI A117.1-1986, permit top-loading
laundry equipment to be placed in common laundry areas when the management
of that facility, "provides assistive devices on request if necessary to
permit a resident to use a top-loading washer." Must top loading laundry
equipment also meet the reach requirements or are the reach requirements
waived so long as assistive devices are provided upon request?

     c.  State and Local Government Choice of Regulation

Regulations adopted under Title II of ADA give state and local governmental
entities, such as universities and public colleges, the opportunity to pick
and choose between the ADA regulations and the UFAS standards.   What products
can be sold for use in university/college laundry facilities ---the foreign
produced front-loading equipment only, any type of front-loading equipment, or
a mix of front-loading and top-loading equipment?

II. BRAILLED INFORMATION ON EQUIPMENT

Another Issue that we are seeking to have clarified is the extent to which
places of public accommodation are required to put brailled lettering on
equipment.    The regulations and Department of Justice commentary (excerpts
attached) suggest that places of public accommodation may need to place
brailled lettering on vending machines. However, there are no specific
guidelines.

Do "vending machines" mean just pop can dispensers or do they include coin
changers, soap dispensing equipment, and commercial laundry equipment?         
    
What types of information do you place in Braille?

I would be pleased to discuss these issues in more detail with you and(if nec-
essary) appropriate personnel from Maytag Company and Dixie-Narco, Inc.        
     
Feel free to call me if you have any questions.

Sincerely,

James M. Gran
Associate Counsel

cc: Randy Karn  - Maytag Company
    John O'Hare - Dixie-Narco, Inc.
Enclosures

Direct Line. 515-791-8505
Law Department FAX: 515-791-8102

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