T.

8-19-93
Control No. 3072315807

AUG 30 1993

The Honorable Olympia T. Snowe

U.S. House of Representatives
2268 Rayburn House Office Building
Washington, D.C. 20515-1902

Dear Congresswoman Snowe:

This letter is in response to your inquiry on behalf of your

constituent, Mary Lou Fenno, concerning emergency evacuation
standards and 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 your constituent in understanding the ADA's
requirements. However, it does not constitute a legal
interpretation or legal advice and it is not binding on the
Department of Justice.

Your constituent states that she is concerned that the ADA

does not properly balance safety concerns with individual rights
to access. Ms. Fenno is particularly concerned with the
application of the ADA to multi-story facilities.

The ADA was not designed as a substitute for local, state,

or federal safety regulations and it does not address evacuation
procedures specifically. The ADA requires that newly constructed
buildings provide the same number of accessible means of egress
as is required by local building codes and/or life safety
regulations. See section 4.1.3(9) of the Standards for
Accessible Design ("the Standards"), in the enclosed title III
regulation, at page 35614. New buildings that do not have
supervised automatic sprinkler systems also are required to
provide areas of rescue assistance on each level that does not
have an accessible exit. Such areas of rescue assistance must be
provided in a smoke-proof and fire resistant enclosure. For more
information on the requirements for areas of rescue assistance,
see sections 4.1.3(9) and 4.3.11 of the Standards, at pages 35614
and 35626.

cc: Records, Chrono, Wodatch, Perley, McDowney, FOIA, Friedlander

n:\udd\perley\congress\snowe

01-02562

-2-

Existing facilities are not required to provide areas of

rescue assistance. Despite this fact, existing facilities should
develop evacuation plans that take into consideration the needs
of people with disabilities. Depending on the constraints of the
facility, such a plan might utilize trained personnel, evacuation
devices, or other means of accommodating those individuals who
may need assistance in an emergency situation.

Please note that the ADA does not allow businesses to refuse
access to an individual because of a concern for that person's
safety in case of an emergency. The ADA only permits a place of
public accommodation to consider the direct threat to the health
and safety of others. For more information on the ADA's
definition of a direct threat, see the discussion of section
36.208 of the title III regulation, at pages 35560 and 35595. A
copy of the Department's Title III Technical Assistance Manual is
also enclosed.

I hope this information is helpful to you in responding to

your constituent. You may wish to inform Ms. Fenno that further
information is available through our Americans with Disabilities
Act Information Line at (202) 514-0301.

Sincerely,
 James P. Turner
Acting Assistant Attorney General
Civil Rights Division

Enclosures

01-02563

OLYMPIA J. SNOWE
2D District Maine
Congress of the United States
Washington, DC 20515-1902

COMMITTEE DISTRICT OFFICES:

FOREIGN AFFAIRS ONE CUMBERLAND PLACE
BUDGET COMMITTEE SUITE 306
BANGOR, ME 04401-5000
WASHINGTON OFFICE (207) 945-0432
2268 RAYBURN HOUSE OFFICE BUILDING
WASHINGTON, DC 20515-1902 TWO GREAT FALLS PLAZA
(202) 225-6306 SUITE 7B
AUBURN, ME 04210-5813
(207)786-2451

169 ACADEMY ST.

PRESQUE ISLE, ME 047769-3166
(207) 764-5124

July 15, 1993

Tom Reinehardt, Director
Congressional Relations
U.S. Department of Justice
Main Justice Building, Room 1603
Pennsylvania and Constitution Avenues NW
Washington, D.C. 20530

Dear Mr. Reinehardt:

Enclosed please find a copy of the letter I received from Mary

Lou Fenno of Ellsworth, Maine.

Ms. Fenno's letter expresses concern with Title III of the

Americans with Disabilities Act and its lack of balance between
access to public accommodations and the related safety issues.
As your Department has jurisdiction over Title III, I would
appreciate your assistance in responding to Ms. Fenno's concerns.

Thank you for your attention to this issue.

Sincerely,

OLYMPIA J. SNOWE
Member of Congress
2nd District, Maine

OJS:jc
Enclosure
IN MAINE. CALL TOLL-FREE
1-800-432-1599
PRINTED ON RECYCLED PAPER
01-02564

Colonial Motor Lodge

Bar Harbor Road
Ellsworth, Maine 04605
June 28, 1993

RECEIVED
JUL 01 1993
Representative Olympia Snowe
2464 Rayburn Building
Washington, DC 20515-1902

Dear Rep. Snowe:

The enclosed material is being submitted to several Maine

newspapers and to two offices in Washington, DC. The Washington
contacts were suggested by a Mr. Rick Curry, the founder and
head of the National Theatre Workshop of the Handicapped in
New York City. Mr. Curry deals with the problems I have outlined
on a daily basis.

I am a strong supporter of the ADA. But I speak for many

business people in Maine when I say we're between the proverbial
rock and a hard place. Most are pro-handicapped and want
to do the right thing. But the safety factor is a horrendous
problem.

Clarification of the safety issue is badly needed. Participation

by your office would be greatly appreciated.

Sincerely,

Mary Lou Fenno

Owner
Colonial Motor Lodge

MLF/grd