National Association of Home Builders

                   15th and M Streets, N.W., Washington, D.C. 20005
                       (202) 822-0401   Fax No:(202) 822-0374

 Kent W. Colton, Ph.D.
Executive Vice President &
 Chief Executive Officer

                                         October 23, 1991
Mr. John Wodatch
Office on the
Americans with Disabilities Act
Civil Rights Division
U.S. Department of Justice
Washington, DC 20530

Dear Mr. Wodatch:

     On behalf of the 153,000 members of the National Association
of Home Builders, I would like to commend your office on the
regulations issued recently implementing the Americans with
Disabilities Act.  As we stated in our April 23, 1991, comment
letter on the proposed regulations, we support the ADA objective
of making public accommodations and commercial facilities
accessible to, and usable by, persons with disabilities.  While we
believe the final regulations meet this objective without imposing
undue burdens on owners of such structures, we would like to call
to your attention an issue that the Department apparently
overlooked in the final regulations.

     Our review of the regulations indicates that accessibility
requirements for model homes are not clear.  We are therefore
requesting that the Department clarify that model homes are not
covered under the ADA.  We believe that such clarification is
necessary in order to assure that compliance with ADA will proceed
in an orderly manner in the building industry.

     Typically, when a builder develops a subdivision, the first
few homes to be completed are set aside as "models."  These homes
are fully furnished to give the potential buyer an opportunity to
compare different designs.  The models may have a small area
furnished with a desk and a phone for sales purposes.

     As stated in our comment letter on the proposed rules, a model
home is not a "commercial facility" or a "public accommodation"
under the ADA. A model home is a building designed or intended for
occupancy as a residence.  As such, under Section 301(2) of ADA,

                           Civil Rights Division
                           Coordination and Review Section
                           P.O. Box 03118            202-PL-00121
                           Washington, D.C. 20036-6118
                           (STAMP)                     OCT 30 1991

Mr. John Wodatch
October 23, 1991
Page 2

it is expressly excluded from the definition of "commercial
facility." Furthermore, a model home does not qualify as a "public
accommodation" since it is neither a "sales and rental
establishment" or a "place of lodging."

    The question arises as to whether a model home is transformed
into a "public accommodation" merely because it is open to the
public for a limited time for sales purposes. We do not believe
that it is.  A model home is, by definition, a residential
structure, temporarily used for sales purposes.  To require
accessibility to these homes would force builders to change the
essential character of the home.  For example, widening doorways
or changing room dimensions might be necessary.  It would be
deceptive to the potential purchaser to require accessibility since
the actual home for sale might not incorporate accessibility
features.  In addition, it would pose an undue hardship on a
builder to make a model home meet accessibility requirements since
once the model is no longer required, the home would have to be
changed back to it original design at the time of sale.  This is
not a reasonable approach to accommodating persons with
disabilities.

    The Department has recognized that a private home used
exclusively as a residence is not covered by ADA because it is
neither a "commercial   facility" nor a "place of public
accommodation." 56 Fed. Reg. 35559 (July 26, 1991). However,
Section 36.207 of the regulations requires that where a private
home is not used exclusively as a residence, but operates as a
place of public accommodation in all or part of the home, that
portion used exclusively in the operation of a place of public
accommodation is covered by ADA.  Section 36.207 also states
that the portion of a private residence used both for the place of
public accommodation and for residential purposes is covered by
ADA. This section contemplates a long-term use of a portion of the
residence as a public accommodation.

    A model home does not meet the criteria set forth in Section
36.207. It is in fact a residence and no portion of the home is
used exclusively as a place of public accommodation.  Furthermore,
since a model home is only temporarily used for sales purposes,
there is no point in time at which any portion of the home is used
both as a private residence and as a place of public accommodation.
Therefore, no accessibility should be required in the home itself.

    In our view, only a sales office that is separate from the
actual residence, such as a sales trailer, should be required to
be accessible.  This type of structure is exclusively used for
sales purposes and therefore qualifies as a "public accommodation".
Such an interpretation will not only insure that public has access
to sales facilities, but will also insure that residential

Mr. John Wodatch
October 23, 1991
Page 3

structures are maintained as such.  We believe this interpretation
is consistent with the ADA as well as the Department's regulations.

     Because of the building industry's need for immediate
guidance, we would appreciate it if your office would issue an
interpretative opinion clarifying this issue.  We would be
pleased to provide you with additional information should you so
desire.

     Thank you for your immediate attention.

                         Sincerely




                         Kent W. Colton
                         Executive Vice President and
                         Chief Executive Officer









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