785
December 14, 1998
The Honorable Olympia J. Snowe
United States Senator
Two Great Falls Plaza
Suite 7B
Auburn, Maine 04210
Dear Senator Snowe:
I am responding to your letter on behalf of your
constituent, xxxxxxxxxxxxx. Ms. xxxxx wrote to you indicating
that the Town of Minot is in the process of building an addition
to the Town Office. Ms. xxxxx described the Town Office as a one
story building with a full basement and inquired whether the
Americans with Disabilities Act (ADA) requires the installation
of an elevator. Please excuse our delay in responding.
Under title II of the ADA, State and local governments
(i.e., public entities) are prohibited from discriminating
against persons with disabilities with regard to any programs,
activities and services. Title II also requires that each
facility or part of a facility that is constructed or altered
must be designed and constructed so that it is readily accessible
to and usable by individuals with disabilities. Title II permits
public entities to choose either of two design standards - the
Uniform Federal Accessibility Standards (UFAS) or the ADA
Accessibility Guidelines for Buildings and Facilities, as adopted
by the Department of Justice as the Standards for Accessible
Design (Standards). Since the State of Maine has adopted an
accessibility code that is based on the ADA Standards, our
response will address the requirements of the ADA Standards
rather than the requirements of the UFAS.
In new construction and in alterations where vertical access
is required, section 4.1.3(5) of the ADA Standards requires a
public entity to provide a passenger elevator that will serve each level, including mezzanines, in all multistory(1) buildings and facilities. Under the ADA, an addition is regarded as an
alteration. Therefore, the Town of Minot must ensure that the
newly added part of the building is, to the maximum extent
feasible, readily accessible to and usable by people with
disabilities. The question of whether title II requires the
installation of an elevator depends on what type of addition is
being made to the Town Office. For example, if a new story is
being added to the Town Office or if the addition is a two story
facility, then title II's readily accessible standard would
require some form of vertical access (e.g., an elevator, a lift
or a ramp) to the new story or basement. However, if space is
being added to an existing floor level without affecting the
circulation path between the basement and the ground floor, then
it is unlikely that title II would require an elevator so long as
the added space is, to the maximum extent feasible, readily
accessible to and usable by people with disabilities.
Ms. xxxxx should note that this letter addresses only the
requirements of Federal law. Some States have adopted
accessibility requirements through State statutes or building
codes that are more stringent than the Federal regulation. The
ADA expressly permits local authorities to enforce State or local
laws that provide accessibility that equals or exceeds the
Federal rules. Therefore, the State of Maine may require the
Town of Minot to comply with provisions that impose obligations
in addition to those identified in this letter.
I have enclosed copies of the regulation implementing
title II and the ADA Standards for your reference. Also, if Ms. xxxxx has additional questions, the Department maintains a
telephone information line to provide technical assistance
regarding the rights and obligations of individuals, businesses,
agencies, and others covered or protected by the ADA. This
technical assistance is available by calling 800-514-0301 (Voice)
or 800-514-0383 (TDD).
I hope that this information is helpful to you in responding
to Ms. xxxxx. Please do not hesitate to contact the Department
if we can be of assistance in other matters.
Sincerely,
Bill Lann Lee
Acting Assistant
Attorney General
Civil Rights Division
Enclosures
1. Section 3.5 of the ADA Standards defines "story" as that
"portion of a building included between the upper surface of a
floor and upper surface of the floor or roof next above. If such
portion of a building does not include occupiable space, it is
not considered a story for purposes of these guidelines...."
Section 3.5 defines "occupiable" as a "room or enclosed space
designed for human occupancy in which individuals congregate for
amusement, educational or similar purposes, or in which occupants
are engaged at labor, and which is equipped with means of egress,
light, and ventilation."
Updated July 25, 2008
