FEB 1 1995

The Honorable Phil Gramm
United States Senator
2323 Bryan Street, #1500
Dallas, Texas 75201

Dear Senator Gramm:

     This is in response to your letter on behalf of your
constituent, XX        , regarding the Americans with Disabilities
Act (ADA).

     XX   is seeking your assistance because a prospective
tenant of a commercial space that he leases has requested that a
survey of the facility be conducted to assess "ADA compliance."
The survey, which was enclosed with XX        letter, is based
on the ADA requirements applicable to the design and construction
of new facilities. XX  apparently believes that the ADA
requires his building to meet this standard, and he is concerned
that providing full accessibility in his building would be
burdensome.

     It appears that XX     is somewhat confused about the
requirements of the ADA. Title III of the ADA prohibits
discrimination on the basis of disability by places of public
accommodation and it requires new or altered commercial
facilities to be made accessible. Because    XX has described
the property in question as a "commercial space," we are
assuming, for the purposes of this letter, that it is subject to
title III.

     With regard to buildings covered by title III, the ADA
provides for three different levels of accessibility. For new
construction, the ADA requires full and strict compliance with
the ADA Standards for Accessible Design (Standards), 28 C.F.R.
pt. 36, Appendix A. This requirement for full accessibility to
newly constructed buildings and facilities is based on the fact
that incorporation of accessible elements into design and
construction at the very beginning of the process, before
inaccessible elements are set in concrete and wood, is relatively
easy and inexpensive.

cc: FOIA

01-03608
                           - 2 -

     When alterations take place in an existing building, the ADA
provides a somewhat less stringent standard. The ADA requires
that the altered portion of the building be made accessible in
accordance with the ADA Standards. This requirement is based on
the fact that incorporation of accessible features into an area
that is already being rebuilt is relatively simple and
inexpensive. However, the ADA recognizes that structural
constraints in existing buildings may prevent full compliance
with the ADA Standards. Therefore, the ADA provides lesser
accessibility requirements for alterations when full compliance
with the ADA Standards is technically infeasible.

     The ADA imposes requirements for existing buildings that are
not otherwise being altered only if they fall within the twelve
statutory categories of places of public accommodation. The
owner or operator of such an existing place of public
accommodation is only required to remove structural barriers to
access to the extent that it is readily achievable to do so.
Removal of a structural barrier is readily achievable if it is
easily accomplishable and able to be carried out without much
difficulty or expense. The Department's regulation implementing
title III provides examples of, and priorities for, readily
achievable barrier removal, as well as alternatives for those
situations where barrier removal is not readily achievable.

     Surveys such as the one attached to XX      letter may be
useful in identifying barriers to access in existing buildings.
However, the ADA does not necessarily require that every barrier
identified on such a survey be immediately corrected. Rather,
the ADA's three-level system seeks to balance the needs of people
with disabilities against the real constraints faced by
businesses.

     I am enclosing a copy of the Department's regulation
implementing title III for your further information. I hope this
information is helpful to you in responding to your constituent.

                               Sincerely,

                            Deval L. Patrick
                         Assistant Attorney General
                            Civil Rights Division

Enclosures

01-03609

Honorable Kay Bailey Hutchinson
Honorable Phil Gramm
Honorable Jack Fields

I lease commercial office space in
Houston, Texas & am a constituent
of yours.

I have attached for your review
a section of a request for proposal
by a tenant looking at one of my
buildings. This section deals w/ADA
compliance.

Does anyone in Washington have any
idea how obtrusive ADA regulation is?
Property owners are spending billions
of dollars to comply w/ADA to satisfy
completely the needs of a miniscule
portion of the population. Buildings
should provide barrier free access
however ADA is so absurdly eggregious
that only a bureaucratic, detached
government could pass it & not understand
the potential ramifications.

Something must be done to
mitigate the ongoing damage

01-03610

being suffered by business
people to comply w/ADA.
What do you suggest?

Thanks

XX
Houston, TX 77068

01-03611

                              ADA AUDIT REPORTS
                            AND INSPECTION FIRMS

Aetna Corporate Leasing Services requires an ADA survey prepared by a
qualified firm for all facilities being considered for occupancy by Aetna.
This memorandum outlines what constitutes a qualified firm and what is
required in a survey.

To be qualified, inspection firms will at a minimum meet the following
criteria:

     a)   Firm should have either a licensed Registered Architect or 
          Professional Engineer managing the inspection program.
     b)   Firm should be able to demonstrate an expertise and experience in 
          ADA/Code Compliance work.
     c)   Firm should have had recent training in ADA Compliance by a          
          reputable organization such as the AIA or BOMA.
     d)   Firm should be able to provide references from other clients for 
          similar types of inspection work.

The survey will include at a minimum the following items:

     a)   A brief description of the property.
     b)   A copy of the full survey that demonstrates that all ADA-related 
          requirements have been reviewed.
     c)   A list of all non-compliant items relating to the technical elements 
          noted in the BOMA "ADA Compliance Guidebook".
     d)   Pictures of non-compliant items.
     e)   Recommendations for corrective action.
     f)   Cost estimates for corrective actions.
g) Timeline for corrective actions

01-03612
                                   ADA CHECKLIST

Building:
Address:

Parking and Access to Building                                     YES     NO
1)   Is there designated compliant parking for individuals with 
     disabilities (width: 96", aisle width: 60", clearance: 80", 
     maximum slope: 1:50)?
     Number of compliant disabled parking spots:
     Number of disabled parking spots:
     Total number of parking spots:
2)   Are accessible parking spaces located on the shortest 
     accessible route to an accessible entrance?
3)   Is there at least one accessible route (width: 36", running 
     slope: 1:20, slip-resistant surface) to an accessible building 
     entrance from public transportation stops?
                    from accessible parking spaces?
                    from sidewalks?
4)   Is a curb ramp (maximum slope: 1:12, clear width: 36", 
     slip-resistant surface, not obstructed by parked vehicles) 
     provided whenever an accessible route crosses a curb?

Entrances/Interior Route
5)   Are at least 50% of all entrances accessible?
     If all entrances are not accessible, are there appropriate 
     signs indicating the location of the nearest accessible 
     entrance?
6)   Is there at least one accessible door (clear opening: 32" 
     with door open 90 degrees, maximum threshold height: 1/2", 
     hardware which can be grasped by one hand) at each accessible 
     entrance?
7)   Is there at least one accessible route (width: 36", headroom: 
     80", running slope: 1:20, slip-resistant, clear floor space: 
     30" x 48" interior doors with pull pressure less than 5 lbs.) 
     connecting accessible entrances with all accessible spaces?

Ramps
8)   Are there ramps (maximum slope: 1:12, clear width: 36", level 
     landing, cross slope: 1:50) wherever an accessible route 
     exceeds 1:20?

Elevators
10)  If the building is 2 levels high or greater, is there an 
     elevator?

11)  Are all elevators accessible (automatic operation, 
     notification time: 5 sec, audio and visual position indicators, 
     clear minimum: 36", depth: 51, width: 68" side opening door/80" 
     center opening door)?

Bathrooms
12)  Are there accessible bathrooms (unobstructed turning space of 
     60" diameter circle or T-shaped space of 60" square with 36" 
     legs) which are located on an accessible route?

13)  Within an accessible bathroom, is there at least one toilet 
     stall which is accessible (width: 60", minimum depth: 56" to 
     59", outward swinging door)?

If desired, attach a sheet with explanatory comments.
          Building Owner/Representative Signature:

                                             Title:
                                             Date:

This checklist is provided for information purposes only and does not 
constitute legal advice or approval regarding compliance with the Americans 
with Disabilities Act.

01-03613