# 39


III-7.5105

                                             September 16, 1992





The Honorable Jesse Helms
United States Senate
403 Dirksen Senate Office Building
Washington, D.C.  20510-3301

Dear Senator Helms:

     This letter is in response to your inquiry on behalf of your
constituent, Boyce B. Dobbins, concerning the application of the
Americans with Disabilities Act (ADA) to floor mats.

     The ADA authorizes the Department of Justice to provide
technical assistance to individuals and entities with rights or
obligations under the Act.  This letter provides informal
guidance to assist Mr. Dobbins in understanding the ADA. 
However, this technical assistance does not constitute a legal
interpretation of the statute and it is not binding on the
Department.

     The ADA Accessibility Guidelines (Guidelines) were issued by
the Department of Justice as one portion of the regulations
implementing title III of the ADA (enclosed).  The Guidelines
apply only to the design, alteration, and new construction of
buildings and facilities, not to movable furniture and equipment,
and not to existing facilities not undergoing alterations.  If
floor mats are not actually built-in as a part of a building or
facility, they will not be subject to the provisions of the
Guidelines.  However, if floor mats are built-in as part of new
construction or alterations, and are part of an accessible route,
they must comply with the Guidelines, particularly section 4.5.1
General (which requires that "Ground and floor surfaces . . .
shall be stable, firm, and slip resistant") and section 4.5.2
Changes in Level.  Floor mats are not considered carpeting and,
therefore, are not subject to the requirements of section 4.5.3
of the Guidelines.  

     In addition to circumstances in which the Guidelines will
apply to built-in floor mats, there may also be circumstances in
which different ADA requirements apply to floor mats that are not
built in.  If movable floor mats impede access for people with
disabilities, they may need to be moved or removed under section
36.304 of the title III regulation.  That section requires that a
public accommodation remove barriers in existing facilities where
removing them is "readily achievable," that is, easily
accomplishable and able to be carried out without much difficulty
or expense.  Even though the requirements of the Guidelines would
not apply to the mats themselves, the Guidelines can provide
helpful guidance in ensuring that mats do not constitute
barriers.

     I hope this information is helpful in responding to your
constituent.

                                   Sincerely,




                                   W. Lee Rawls
                                   Assistant Attorney General

Enclosure