U.S. Department of Justice
                                Civil Rights Division
T. 6/3/92
JLW:JAM:HJB:jfh
202-PL-00013                    Washington, D.C. 20530
202-PL-00154
                               JUN 5 1992

Ms. Helen C. King, Innkeeper
Babbling Brook Inn
1025 Laurel Street
Santa Cruz, California 95060

Dear Ms. King:

        This letter responds to your correspondence requesting
information about the provisions of the Americans with
Disabilities Act (ADA). The ADA authorizes the Department of
Justice to provide technical assistance to individuals and
entities having rights and obligations under the Act. This
letter provides informal guidance to assist you in understanding
the ADA's requirements. However, it does not constitute a legal
interpretation and it is not binding on the Department.

        Your letter states that you wish to install a jacuzzi type
bathtub in two upstairs bathrooms in your bed and breakfast inn.
You inquire whether you must also install a jacuzzi in the ground
floor acessible rooms.

        Your bed and breakfast inn is subject to the requirements of
the ADA unless it is occupied by the proprietor and has five or
fewer rooms for hire. The ADA does not require you to install
jacuzzis in the first floor accessible rooms simply because you
are adding those features to other rooms. However, all
remodeling or renovation must comply "to the maximum extent
feasible" with the ADA Accessibility Guidelines (ADAAG). The
installation of a two person jacuzzi is an alteration and must
comply with ADAAG requirements for bathrooms and bathtubs even if
those rooms are not accessible.

        In addition, when a public accommodation engages in an
alteration to a primary function area -- such as a bathroom in an
inn -- the ADA imposes a duty to spend an additional maximum of
twenty percent of the original cost of the alteration in making
that area accessible to persons with disabilities by creating an
accessible path of travel from the entrance to the facility to
the altered area. If the cost of making the path of travel fully
accessible would exceed twenty percent of the original cost, any
changes that can be made without exceeding twenty percent must be
made.

cc: Records OADA Wodatch Magagna Beard Arthur
udd:Magagna.PL.13
01-00889
                                - 2 -
        Copies of the ADA regulations, which include ADAAG, and the
Department's Technical Assistance Manual for Title III are
enclosed.

        We hope that this information is useful to you.
                                Sincerely,


                             Joan A. Magagna
                             Deputy Director
                      Office on the Americans with
                              Disabilities Act
Enclosures
01-00890







































                                                January 28, 1992
Office of American With Disabilities Act
Director, John Wadatch                                  THE
Department of Justice                                   BABBLING
P.O. Box 66118                                          BROOK
Washington, D.C. 20035-6118                             INN
              
Dear Sir,

For over a year I have been trying to get a building permit
to enlarge two bathrooms in my twelve room bed and breakfast
inn. In those two bathrooms I would like to install jacuzzi
type bathtubs for two persons. My designated handicap bedroom
is in the same building downstairs, the other two are upstairs.
The local planning department and building department are unclear.
I have been told that their interpretation of the law is that I
am required to install a jacuzzi tub in the handicap bathroom also.
That if I provide an amenity for another guest, I must also provide
a jacuzzi bathtub for the handicap. The alternate plan is to provide
an elevator to allow the handicap to use the bathrooms upstairs in
the other guest's rooms, (obviously this would not be a desireable
situation for any of the guests.)

In my telephone conversation this morning with the ADA office in
Washington, D.C. I was informed that if the improvements were not
being made to ground floor accessable rooms, I would not be required
to add an additional jet tub to the handicap room. If I am forced
to spend $3,000 to $5,000 improving the handicap bathroom the room
rate must be increased also at least $20 per night to help repay the
expense and this will be a hardship to my frequent handicap guests
who have not requested, nor will probably ever use the jacuzzi tub.
Please clarify your position on the issue. The Santa Cruz Building
Department says they have no specifications on a jacuzzi tub for
the handicap, and I must also find out what those are before they
will issue a permit if I want to put one in the handicap room. If
you do not require I do so, naturally I would prefer not to spend
the additional funds. My handicap guests like the room just the
way it and would most likely stay elsewhere if the rate was increased
that much.

A letter or statement from you would be most helpful on your position
on this issue so that I may proceed with the plans and construction
details with my architect.
                                Sincerely,


                                Helen C. King
                                Innkeeper
Please reply
FAX (408) 427 2457
01-00891