T. 6-11-92 202-PL-00110 JUL 8 1992 DIR WODATCH DATE Mr. Marvin J. Fischer Linroc Community Service Corporation Linden Boulevard at Brookdale Plaza Brooklyn, N.Y. 11212-3198 DEPUTY BOWEN Dear Mr. Fischer: DATE I am responding to your request for clarification of the new construction requirements 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. SS 12101-12213, and this Department's DEPUTY regulation implementing title III, 56 Fed. Reg. 35,544 (July 26, MAGAGNA 1991), to be codified at 28 C.F.R. pt. 36. DATE The ADA authorizes the Department of Justice to provide technical assistance to individuals and entities that have rights or responsibilities under the Act. This letter provides informal guidance to assist you in understanding the ADA. However, this SPECIAL technical assistance does not constitute a determination by the COUNSEL Department of Justice of your rights or responsibilities under BREEN the ADA and it is not binding on the Department of Justice. DATE 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 BLIZARD January 26, 1992. If a facility is constructed under a permit DATE 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 GYB the ADA. However, if a facility applies for a permit or a permit extension after January 26, 1992, and it is first occupied after January 26, 1993, the facility is subject to the requirements of DATE the ADA. You should also note that places of public accommodation are subject to a continuing obligation to remove architectural, communication, and transportation barriers. Under this continuing obligation, each public accommodation is required to cc: Records, Chrono, Wodatch, Blizard udd:ada:interpretation.Fischer 01-01021 - 2 - remove barriers in its facilities, to the extent that it is readily achievable to do so. 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, John L. Wodatch Director Office on the Americans with Disabilities Act Enclosure 01-01022 LINROC Linden Boulevard at Brookdale Plaza COMMUNITY Brooklyn, New York 11212-3198 SERVICE (718) 485-0303 CORPORATION (718) 240-5214 FAX (718) 240-6487 CHARLES H. MEYER, FACHE President December 9, 1991 Certified Mail Return Receipt Requested Ms. Barbara S. Drake Deputy Assistant Attorney General Civil Rights Division U.S. Department of Justice Washington, D.C. 20530 Dear Ms. Drake: The Linroc Nursing Home, Inc., (a subsidiary of Linroc Com- munity Service Corporation) is in the process of starting con- struction of a Skilled Nursing Facility ("SNF"). The design, plans and specifications have been completed. The project and design have been approved by the New York State Department of Health (the "Department of Health"). The plans have been reviewed and approved by the City of New York Department of Buildings (the "Building Department"). A Building Permit will be issued by the City of New York prior to January 26, 1992. We intend to break ground in the early spring of 1992 and the SNF is scheduled for completion in November, 1993. The Building Department, as a matter of policy, will not issue a building permit for a period longer than one year. Projects that require a longer construction period are granted extensions as necessary. It is our understanding that we will not be required to follow the Americans with Disabilities Act (ADA) Accessibility Guide- lines for Buildings and Facilities (Final Guidelines, as pub- lished in the Federal Register, Vol. 56, No. 144, July 26, 1991) in our construction of the SNF. On December 6, 1991, I telephoned the Office of the General Counsel, Architectural and Transportation Barriers Compliance Board. I spoke with a representative who referred me to Part III of the July 26, 1991 Federal Register, "Subpart D - New Construction and Alterations", Section 36.401, Page 35599. In her opinion, since we received our building permit from the City of New York, as well as the approval of the Department of Health prior DEC 13 1991 01-01023 to January 26, 1992, we will not be required to comply with the ADA guidelines as we do not fall within the definition of "new construction" as defined in paragraph 36.401(a)(2)(i). She further instructed me to write to your office and request a written reply. We would appreciate your prompt response to this inquiry as we intend to finalize the start of construction, based on the existing plans, within the next few weeks. Any delay will have a serious impact on both the cost of construction and the occupancy date set for the patients. Thank you in advance for your attention to this matter. Sincerely, Marvin J. Fischer, P.E., FACHE Project Coordinator MJF:lr cc: Charles H. Meyer, President The Linroc Nursing Home, Inc. A subsidiary of Linroc Community Service Corporation 01-01024