T. 7-31-92 DJ 202-PL-225 JUL 31 1992 Mr. Steven John Fellman Galland, Kharasch, Morse & Garfinkle, P.C. Canal Square 1054 Thirty-First Street N.W. Washington, D.C. 20007-4492 DIRECTOR Dear Mr. Fellman: WODATCH This is in response to your letter on behalf of your client, DATE the National Association of Theatre Owners (NATO), regarding the application of the public accommodations sections of the Americans with Disabilities Act (ADA) to motion picture theaters. SP COUNSEL Your letter specifically addressed three issues of concern to PLB NATO: the elevator exemption as applied to mezzanines in theaters; aisle slopes of theater aisles not serving an DATE accessible part of an accessible route; and line of sight as related to floor slope. ORIGINATOR The ADA authorizes the Department of Justice to provide LUSHER technical assistance to individuals and entities that are subject 7/13/92 to the Act. This letter provides informal guidance to assist you DATE in understanding the ADA accessibility standards. However, this technical assistance does not constitute a legal interpretation of the application of the statute to NATO or theater owners and it is not binding on the Department. In buildings that qualify for the elevator exemption, elevator access is not required to the mezzanine level of a movie theater. In addition, if the theater is part of a shopping center or shopping mall, and the theater mezzanine is not part of a floor level housing at least one sales or rental establishment, the mezzanine is not considered part of the shopping center or shopping mall, as defined in section 36.401(d)(1)(ii)(B) of the ADA title III regulations, and does not have to be accessible by elevator. Section 4.33 of the ADA Accessibility Guidelines requires that wheelchair locations in movie theaters adjoin an accessible route that also serves as a means of egress. Any aisle or portion of an aisle that serves as an accessible route to a cc: Records, Chrono, Wodatch, Breen, Lusher, FOIA, Library udd:mercado:policy.letters.certif:lusher.breen.fellman 01-01089 - 2 - wheelchair location must comply with all of the requirements in the ADA Accessibility Guidelines for accessible routes including 4.3 Accessible Route and 4.8 Ramps. Under circumstances where wheelchair seating will be located adjacent to a portion of an aisle that serves as an accessible means of egress, then other portions of that aisle and other aisles that do not serve the accessible wheelchair locations are not required to comply with the requirements for ramps. ADA does not specify the location of the accessible means of egress. Therefore, the accessible means of egress from wheelchair locations can be through the rear, the side, or the front of the theater. We agree that further discussion of the exception to section 4.33.3 of the guidelines relating to sight lines would be appropriate. If you wish to arrange for a meeting on this issue, please contact Philip L. Breen, Special Legal Counsel, at (202) 616-7526. Sincerely, John L. Wodatch Director Office on the Americans with Disabilities Act 01-01090 July 6, 1992 Mr. Philip L. Breen Civil Rights Division Office on the American with Disabilities Act Department of Justice P.O. Box 66118 Washington, D.C. 20035-6118 Dear Phil, We are writing this letter on behalf of our client, the National Association of Theatre Owners (NATO). NATO has worked diligently to educate its members with regard to application of the public accommodations sections of the Americans with Disabilities Act to motion picture theatres. In this connection, the Association has published a special handbook for motion picture theatre operators explaining how the Act applies to them. Several questions have come up with regard to interpretations of the regulations issued by the Department of Justice. In order to properly answer these questions, NATO representatives have met with the staff of the Office on Americans with Disabilities Act of the Department of Justice. We have set forth below these questions and our understanding of the staff interpretations of the regulations. 1. The Elevator Exemption. In motion picture theatres, the projection booth is commonly located on a mezzanine level. This mezzanine level is not open to the public. No other stores, retail space, or other public accommodations are located on this mezzanine. It is 01-01091 Mr. Phil Breen July 6, 1992 Page 2 our understanding that theatres subject to the elevator exemption are not required to provide an elevator to this mezzanine/projection booth level. This is so if a theatre is an integrated part of a shopping center or is located in a free-standing building on the parking lot pad of a shopping center, or is on its own independent parcel of ground. Under Section 36.401(d)ii of the ADA regulations, if the theatre is in a shopping center and the mezzanine is not part of a floor level housing at least one retail establishment, the mezzanine is not considered part of the shopping center and does not have to be accessible by elevator. 2. Theatre Aisles Should Not be Classified as Ramps. Under the regulations, a question has been raised as to whether theatre aisles with a slope greater than 1 in 20 must comply with the requirements for ramps and have a flat resting area every 30 feet. In discussing this issue, we reviewed the configurations of various theatres. In motion picture theatres, wheelchair seating will generally be located in one or more locations along the rear row of seats of the theatre. Such seating must be on an access route that also serves as an accessible means of egress as provide in 4.33.3. Under circumstances where wheelchair seating will be located adjacent to an aisle which is a designated means of egress and the exit will be through the rear of the auditorium into the lobby area, then other portions of that aisle and other aisles that do not serve the accessible wheelchair locations are not required to comply with the requirements for ramps. 3. Floor Slope vs. Line of Sight - Section 4.33.3 During our discussions, we raised certain questions with regard to application of the exemption for wheelchair seating integration in those portions of an auditorium having sight lines that require slopes of greater than five percent. This is the exemption contained in the footnote to Section 4.33.3 of the ADAAG. We explained that architects and engineering firms that have worked with our industry and other industries have interpreted this exemption to refer to a five percent slope in the floor of the facility. You had indicated to us that there was some question with regard to this interpretation and that, in fact, the ATBCB's interpretation was that the language of the exemption referred to slope of the line of sight. As we explained, line of sight is usually considered in terms of degrees and not "slope" or "percent." Indeed, the degree of line of 01-01092 Mr. Phil Breen July 6, 1992 Page 3 sight will vary from seat to seat in a motion picture theatre and also vary from within any given seat to various portions of the screen. After reviewing these issues after our meetings and discussing the matter further with out experts, it is clear to us that the reference involved is to the slope of the floor rather than the line of sight. We would like to discuss this issue with you further if there are still open questions. We would be glad to set up a meeting at your convenience if it is necessary. We would appreciate your confirming these understandings to us as soon as possible. We have several projects under construction where work may be delayed based on ADA questions. For your information we are attaching a copy of a letter sent to a NATO member by a shopping center developer wherein the NATO member has been asked to indemnify the shopping center developer because of potential liability in applying the elevator exemption. We thank you for your continued cooperation and assistance. Very truly yours, Steven John Fellman SJF/bj Enclosure cc: National Association of Theatre Owners 01-01093 Cinemark USA, Inc. Suite 800-LB9 7502 Greenville Avenue Dallas, Texas 75231 214-696-1644 FAX 214-696-3946 June 19, 1992 Mr. Steven John Fellman Galland, Kharasch, Morse & Garfinkle, P.C. Canal Square 1054 Thirty-First Street, N.W. Washington, D.C. 20007-4492 Re: Wheel Chair - Platform Lift Dear Mr. Fellman: Attached please find a letter directed to me from Arrowstreet, Inc. an architectural firm. They have been retained by Sarakreek USA, a developer and landowner to draw a set of plans for a movie theatre, that when constructed, would be occupied by Cinemark USA under a lease agreement. The theatre is a single level structure with high ceilings because it houses multiple auditoriums with screens in each. The exception to the single floor is the mezzanine area in which the projection machinery is located along with storage rooms, all of which are not public areas. The mezzanine does not serve as a pathway to or from any accessible areas since it is an equipment room. This is a free standing building next to an existing shopping center. As a result of our meeting with the Justice Department on 3/26/92 and their subsequent verbal ruling on 3/27/92 that we would be exempt from elevator requirements I instructed Arrowsmith to delete the elevator. 01-01094 Mr. Steven John Fellman Page 2 June 19, 1992 The attached letter is self explanatory and is a perfect example of the dilemma we are faced with if we do not have written confirmation of the Justice Department's ruling. Time is of the essence and the amount of money in question on each project is sizable. Please let me know as soon as you have word on their position. Thanking you in advance for your help and cooperation. Sincerely, CINEMARK USA, INC. Ron Reid Director of Construction/Purchasing RR/dw Enclosure xc: Alan Stock Gary Gibbs Mary Ann Grasso 01-01095