JUL 9 1992

DJ 202-PL-214

Philip H. Wolfson, D.M.D.
210 Broadway
Long Branch, New Jersey 07740

Dear Dr. Wolfson:

     I am writing in response to your June 18, 1992, letter
requesting information about the Americans with Disabilities Act
(ADA).

     The 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 you in understanding the ADA's requirements;
however, it does not constitute a legal interpretation and it is
not binding on the Department.

     Your letter states that you intend to operate a dental
practice in the second floor suite of a renovated 1859 Victorian
professional building that you believe local officials may have
deemed unsuitable for elevators or ramps because of the design of
the existing structure. You also inquire whether there is a
mechanism to obtain a waiver.

     The ADA does not authorize the issuance of an official
ruling or waiver exempting individuals or entities from complying
with its requirements.

     The ADA requires places of public accommodations, such as
your prospective dental office, to remove access barriers, such
as the entrance steps or stairs, where such removal is "readily
achievable." The ADA defines readily achievable to mean easily
accomplishable without much difficulty or expense. A number of
factors are considered in determining whether barrier removal is
readily achievable, including the nature and cost of the action
required and the size and resources of the business involved.

cc: Records, Chrono, Wodatch, Magagna, Nakata, FOIA, Library,
    Udd:Nakata:PL.214.Wolfson.1

01-01036
                                   - 2 -

     Barrier removal is not considered readily achievable if it
would threaten or destroy the historic significance of a building
or facility that is eligible for listing in the National Register
of Historic Places or is designated as historic under State or
local law. In many circumstances, providing access to a historic
building will not threaten or destroy its historic significance.

     If removal of a particular barrier is not readily
achievable, health care providers must take alternative measures
to make their services available to persons with disabilities as
long as these alternative steps are themselves readily
achievable. Such alternative measures might include providing
services in a different location or making home visits.

     The obligation to remove barriers is a continuing one. For
example, if a particular barrier cannot be presently removed
because of financial difficulties, the barrier must nonetheless
be removed if financial conditions subsequently improve to the
point that barrier removal becomes readily achievable.

     I have enclosed a copy of the Department's recently
published Title III Technical Assistance Manual which may further
assist you in understanding your obligations under the ADA. I
hope this information is useful to you.

                              Sincerely,

                            Joan A. Magagna
                            Deputy Director
                     Office on the Americans with
                           Disabilities Act

Enclosure

01-01037
                         PHILIP H. WOLFSON, D.M.D.
                             FAMILY DENTISTRY
                               210 BROADWAY
                     LONG BRANCH, NEW JERSEY 07740
                              ILLEGIBLE

                                                       June 18, 1992

Attention: John Wodatch
Office on the ADA
Civil Rights Division
U.S. Department of Justice
P.O. Box 66118
Washington, D.C. 20035-6118

Dear Mr. Wodatch:

I have been referred to you for information as
to what conformity to the ADA is required in the
following case:

     A second floor suite, in a 1859 Victorian renovated
professional building, without elevators, was previously
occupied by a dentist, and would be occupied by me for
similar purpose.
     I believe local officials deemed the building as
unsuitable for elevators or ramps because of design of
existing structure.
     What is the mechanism by which we can obtain an
official ruling or waiver? Or are we required to conform
with elevator? Or if we cannot obtain an official ruling
on the building/suite, how can we be protected under the
law?

     The building's location is Shrewsbury, Monmouth County,
New Jersey. Exact address would be supplied if necessary.
Thank you.

Sincerely,

Philip H. Wolfson, D.M.D.

01-01038