T. 3-16-93
Control No. X93021001461


                                                Mar 22 1993


The Honorable Richard E. Neal
Member, U.S. House of Representatives
1550 Main Street
Federal Building
Springfield, Massachusetts 01103

Dear Congressman Neal:

        This letter responds to your inquiry on behalf of your
constituent, Mr. Dave Canegallo, regarding the percentage of
accessible portable toilets required under title III of the ADA.

        The ADA authorizes the Department of Justice to provide
technical assistance to individuals or entities having rights or
obligations under the Act. This letter provides informal
guidance to assist your constituent in understanding the ADA's
requirements. However, it does not constitute a legal
interpretation and it is not binding on the Department.

        The standards for accessible design that apply to accessible
portable toilets are contained in the ADA Accessibility
Guidelines for Buildings and Facilities (ADAAG), published as
Appendix A of the Department of Justice's ADA Regulation under
title III. ADAAG section 4.1.2(6) specifically addresses this
issue. It states: ". . . For single user portable toilet or
bathing units clustered at a single location, at least 5% but no
less than one . . . unit complying with 4.22 . . . shall be
installed at each cluster whenever typical inaccessible units are
provided. . . . " Section 4.22 contains design requirements for
accessible toilet rooms. Portable toilet units at construction
sites used exclusively by construction personnel are not required
to be accessible.

        Two copies of the Department's title III regulation are
enclosed for the use of your constituent and your staff. Tabs
have been inserted on the pages containing ADAAG sections



cc: Records, Chrono, Wodatch, Lusher, McDowney, FOIA, MAF
    n:\udd\mercado\congltrs\neal.rhl





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4.1.2(6) and 4.22, addressed above. I am also enclosing two
copies of our Title III Technical Assistance Manual.

        I hope that the information provided is helpful to you and
your constituent.


                                        Sincerely,


                                     James P. Turner
                             Acting Assistant Attorney General
                                   Civil Rights Division


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RICHARD E NEAL                             COMMITTEE ON WAYS AND ILLEGIBLE
SECOND DISTRICT, MASSACHUSETTS                   SUBCOMMITTEE ON TRADE
                                           SUBCOMMITTEE ON SELECT REVENUE 
MEASURE
WHIP AT-LARGE



                        Congress of the United States
                          House of Representatives
                            Washington, DC 20515

                               February 3, 1993

Mr. John Wodatch
Civil Rights Division
U.S. Department of Justice
P. O. Box 66738
Washington, D.C. 20035-6738

Dear Mr. Wodatch,

I am writing on behalf of Mr. Dave Canegallo, who has recently
contacted my office for assistance.

Mr. Canegallo is the owner of a portable restroom company (Sani
Can) which services outside events such as fairs and festivals in
the area. His concern is to meet the requirements in relation to
Title III of the Americans With Disabilities Act regarding public
accommodations, specifically the ratio of portable handicapped
toilets to regular portable toilets.

Please forward to Noreen Sexton in my Springfield District Office
any information which would allow me to assist Mr. Canegallo. I
would also request that you keep Ms. Sexton informed of any
developments regarding this matter.

Thank you very much for your attention to this problem. I look
forward to hearing from you at your earliest convenience.

Sincerely,


RICHARD E. NEAL
Member of Congress

REN/nrs

enclosure


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