DJ 182-06-00064
                                                             APR 8 1992

Harry A. Horwitz, Esq.
Davis, Reberkenny & Abramowitz
499 Cooper Landing Road
Cherry Hill, New Jersey 08002

Dear Mr. Horwitz:

        I am responding to your recent letter requesting that the
Department of Justice review the plans for the Hershey Water
Treatment Plant and issue an "advisory opinion" that certain
areas of the planned facility are exempt from the accessibility
requirements of the Americans with Disabilities Act of 1990
(ADA).

        The ADA authorizes the Department of Justice to provide
technical assistance to individuals and entities that are subject
to the Act. Accordingly, this letter provides informal guidance
to assist you in understanding the ADA accessibility standards.
However, this technical assistance does not constitute a legal
interpretation of the application of the statute to the Hershey
Water Treatment Plant, and it is not binding on the Department of
Justice.

        We direct your attention to the Americans with Disability
Act Accessibility Guidelines (Appendix A to this Department's
regulation implementing title III of the ADA). Section
4.1.1(5)(b) provides that:

                Accessibility is not required . . . in non-
                occupiable spaces accessed only by ladders,
                catwalks, crawl spaces, very narrow
                passageways, or freight (non-passenger)
                elevators, and frequented only by service
                personnel for repair purposes . . . .

cc: Records; Chrono' Wodatch; Oneglia; Blizard.
    :udd:bethea:ada.interpretation.horwitz








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                                -2-

Spaces that are entered or approached by one of the limited means
of access described in this section are not required to comply
with the guidelines. In addition, section 4.1.3(5)(Exception 2)
provides that elevator access to elevator pits, elevator
penthouses, and piping or equipment catwalks is not required.

        Areas that are not subject to these limited exemptions must
comply with the requirements of section 4.1.1(3), which provides
that:

                Areas that are used only as work areas shall
                be designed and constructed so that
                individuals with disabilities can approach,
                enter, and exit the areas. These guidelines
                do not require that any areas used only as
                work areas be constructed to permit
                maneuvering within the work area or be
                constructed or equipped (i.e., with racks or
                shelves) to be accessible.

        I hope that this information is helpful to you in advising
your clients.

                                        Sincerely,

                                        John L. Wodatch
                                            Director
                        Office on the Americans with Disabilities Act
                                        Civil Rights Division

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December 20, 1991

John Wodatch, Director
Office on the Americans With Disabilities Act
Civil Rights Division
U. S. Department of Justice
Washington, D.C. 20530

Re:     Advisory Opinion, Title III,
        Americans With Disabilities Act

Dear Mr. Wodatch:

I request an advisory opinion concerning accessibility of water
treatment plants. For purposes of review, I have enclosed plans
of an illustrative plant. The enclosed plans are for the Hershey
Water Treatment Plant, prepared by Gannett Fleming Water Resources
Engineers, Inc., dated October, 1989, Sheet Nos. CP 4, CP 11 and
CP 12. Due to the nature of water treatment plants, pipes and
equipment are situated at various locations and heights and in
many sizes.

The areas reflected in the plans show a typical pipe gallery for
a surface water treatment plant. I request an advisory opinion
that portions of surface water treatment plants similar to those
reflected in the enclosed plans would be exempt from ADA accessi-
bility requirements. I would also request an advisory opinion
that other areas in surface water treatment plants that are below
grade pipe areas and are frequented only by service personnel
similarly be exempted from ADA accessibility requirements.

If you require further information, please contact me as soon
as possible.


                                Very truly yours,

                                DAVIS, REBERKENNY & ABRAMOWITZ
                                By: Harry A. Horwitz

HAH:pm
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