MAY 12 1992
DJ 202-PL-00104 



Mr. Duane L. Cobeen
Cobeen, Tsuchida & Associates, Inc.
210 Ward Avenue, Suite 240
Honolulu, Hawaii 96814

Dear Mr. Cobeen:
 
        I am responding to your request for clarification of the
effective dates of various provisions of title III of the
Americans with Disabilities Act of 1990 (ADA), Pub. L. 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 Fed. Reg.
35544 (July 26, 1991), to be codified at 28 C.F.R. pt. 36.

        The ADA authorizes the Department 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, this
technical assistance does not constitute a determination by the
Department of Justice of your rights or responsibilities under
the ADA and it is not binding on the Department of Justice.

        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. Alterations to places of public accommodation and
commercial facilities are required to comply with the ADA
accessibility standards if the alteration began after January 26,
1992.

cc: Records Chrono Wodatch Bowen Magagna
    Blizard.udd:ada.interpretation.cobeen arthur T. 4/17/92




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                           - 2 -


        In addition, existing places of public accommodation are
required to remove architectural, communication, and
transportation barriers to the extent that it is readily
achievable to do so. This requirement took effect on January 26,
1992. This Department's regulation provides that the duty to
remove barriers is a continuing obligation under which each
public accommodation is required to remove barriers in its
facilities, to the extent that it is readily achievable to do so,
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,





                                     Joan A. Magagna
                                     Deputy Director
                        Office on the Americans with Disabilities Act
                                   Civil Rights Division





Enclosure



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COBEEN, TSUCHIDA & ASSOCIATES, INC. ARCHITECTS A.I.A.

September 25, 1991



Mr. John Wodach
Deputy Section Chief
Civil Rights Division
U.S. Department of Justice
P. O. Box 66118
Washington DC 20035


RE: ADA EFFECTIVE DATES

Dear Mr. Wodach:

I attended a seminar, Designing for Accessibility, October 22
and 23, 1990, here in Honolulu in which you participated. I
was impressed with you excellent presentation and knowledge
of the various acts.

We have been trying to advise our clients, and as Chairman of
the Building Codes Committee for the Honolulu Council A.I.A.,
our entire membership of the progress and implementation of
the Fair Housing Amendments Act and the Americans with
Disabilities Act. On the most part, with the help of your
shared insight, the implementation of these Acts is clear,
but we have come up with divided interpretations on an
important segment of the A.D.A.

        A. New Structures, January 26, 1993. (Sec. 36.401)

        B. Alterations, January 16, 1992. (Sec. 36.402)

        C. Existing Structures. (Sec. 36.402)

Our State of Hawaii Commission on Persons with Disabilities,
Mr. Bruce Clark says existing structures must comply by
January 26, 1992.

A call to the U.S. Department of Justice (A Ms. Brenda
           ) produced a date of January 26, 1995.
Please advise us. A lot people are anxiously awaiting a clear
answer on this question.

Very truly yours,


Duane L. Cobeen, A.I.A.
210 Ward Avenue, Suite 240, Honolulu, Hawaii 96814 Telephone (808) 523-8181 
Telefax No. (808) 523-6873
01-00765