T.

10-14-92

DJ 202-PL-283
OCT 22 1992 (STAMP)

Philip D. Mosciski, AIA

The Tecton Partnership
One Hartford Square West
Hartford, Connecticut 06106

Dear Mr. Mosciski:

This letter is in response to your letter requesting

clarification of the application of section 403(g) of this
Department's regulation implementing title III of the Americans
with Disabilities Act (ADA).

The ADA authorizes the Department of Justice to provide

technical assistance to individuals and entities having rights or
responsibilities under the Act. This letter provides informal
guidance to assist you in understanding the ADA. However, it
does not constitute a legal opinion or legal advice, and it is
not binding on the Department.

Your letter indicates that you represent a client who is

altering a primary function area in a commercial facility. Your
client plans to modify the path of travel to provide access to
the altered area according to the priorities established in
section 403(g), but your client does not plan to spend the full
20 percent of the cost of the alteration to the primary function
area. You have asked if your client is required to spend the
full 20 percent to make all of the restrooms and drinking
fountains on the path of travel accessible.

Section 36.403 of this Department's regulation requires a

public accommodation or commercial facility that is altering an
area containing a primary function to spend up to 20 percent of
the cost of the overall alteration to make the path of travel to
the altered area and the restrooms, drinking fountains, and
telephones serving the altered area accessible. The full 20
percent must be spent unless the path of travel (including the
restrooms, drinking fountains, and telephones serving the altered
area) may be brought into compliance with the ADA Accessibility
Guidelines for a lesser amount. Section 403(g) establishes the
cc: Records, Chrono, Wodatch, Breen, Blizard, FOIA, Library
udd:mercado:policy.letters.certif:blizard.wodatch.mosciski
01-01616​

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priorities that should be followed only when it is not possible
to make the path of travel accessible without exceeding 20
percent of the cost of the alteration.

Your letter also asks if it is necessary to make all of the

restrooms and drinking fountains on the path of travel accessible
if this can be done without exceeding the 20 percent limit. The
ADA only requires that restrooms, drinking fountains, and
telephones that serve the altered primary function area must be
made accessible. Determining which particular elements must be
made accessible requires a case-by-case assessment of the area
that is being altered to determine which elements actually serve
that area.

For your information, I have enclosed copies of this

Department's regulation implementing title III and our Title III
Technical Assistance Manual. I hope that this information is
helpful to you.

Sincerely,

John L. Wodatch
Chief
Public Access Section
Enclosures (2)
01-01619​
the
tecton
PARTNERSHIP
August 13, 1992
TECHNICAL
SERVICES
GROUP
Office of the Americans with Disabilities Act One Hartford Square
West
Civil Rights Division Hartford, CT 06106
Department of Justice 203 522-7202
P.O. Box 66738 Fax 249-2531
Washington, D.C. 20035-9998
RE: 28 CFR Part 36 36.403(g)(2)

Dear Sir/Madam:

I would like a written clarification on section 36.403(g)(2) in regards to

disproportionality. A commercial building owner is making alterations to their
facilities and plan on complying with the priority list as stated in the above
mentioned section for making the path of travel accessible. The costs for the
planed changes to the path of travel do not reach 20% of the costs of
alterations. Also, there are more restrooms and drinking fountains along the
path of travel that are not going to be made compliant. Does the owner have to
keep going and make more restrooms and drinking fountains accessible until the
path of travel costs reach 20% of the costs for the alterations?

To date this question is affecting our commercial clients. We see the need to
get clarification on this same section in regards to our "Public
Accommodations" clients also. A written clarification will be helpful in our
efforts to make sure we are informing our clients appropriately for complying
the the Americans with Disabilities act.

Sincerely,

Philip D. Mosciski AIA

ADA
AMERICANS WITH
DISABILITIES ACT
AUG 19 1992
pc: deskcopy (STAMP)
ADA\PR

ada\doj1
01-01620