T. 04/30/92
        DJ 202-PL-00107
Wodatch
Date
        Mr. Julio Rufo
        Solomon Cordwell Buenz & Associates Inc.
        57 West Grand Avenue
 LIB    Chicago, Illinois 60610
Deputy
        Dear Mr. Rufo:
Date
           I am responding to your request for clarification of the
        effective date of the new construction requirements of Title III
        of the Americans with Disabilities Act of 1990 (ADA), Pub. L.
Blizard 101-336, 104 Stat. 327 (July 26, 1990), 42 U.S.C.A. SS 12101 et
        seq., and this Department's regulation implementing title III, 56
Date    Fed. Reg. 35544 (July 26, 1991), to be codified at 28 C.F.R. Pt.
        36.

           The ADA authorizes the Department of Justice to provide
        technical assistance to individuals and entities that are subject
GYB     to the Act. This letter provides informal guidance to assist you
        in understanding the ADA. However, this technical assistance
Date    does not constitute a determination by the Department of Justice
        of your client's rights or responsibilities under the ADA and it
        is not binding on the Department of Justice.

           Your understanding of which buildings are subject to new
        construction standards is correct. The new construction
        requirements of the ADA apply to any place of public
        accommodation or commercial facility first occupied after January
        26, 1993, for which the last application for a building permit or
        permit extension was completed after January 26, 1992. If a
        facility is constructed under a permit for which the application
        was completed prior to January 26, 1992, or the facility is
        occupied before January 26, 1993, the facility is not subject to
        the new construction requirements of the ADA.

           However, places of public accommodation are subject to a
        continuing obligation to remove architectural, communication, and
        transportation barriers. Under this continuing obligation, each
        public accommodation is required to remove barriers in its

        cc: Records, Chrono, Wodatch, Blizard,
        udd:Blizard.interpretation.rufo
                                - 2 -
until the facility complies with the accessibility standards that
would apply if the facility was being altered.

        This Department recently issued a technical assistance
manual to assist individuals and entities subject to the ADA to
understand the requirements of title III. I have enclosed a copy
for your information. I hope that this information is helpful to
you.
                                Sincerely,


                              L. Irene Bowen
                              Deputy Director
                     Office on Americans with Disbilities
                            Civil Rights Division

Enclosure