U.S. Department of Justice

                                        Civil Rights Division

T. 4/27/92
JLW:LIB:HJB:jfh

                                        Washington, D.C. 20530

                                                        MAY 12 1992
Mr. Donald R. Holt
Schroeder & Holt
212 West Wisconsin Avenue
Milwaukee, Wisconsin 53203
Dear Mr. Holt:

        This letter responds to your correspondence requesting
technical assistance with respect to the provisions of the
Americans with Disabilities Act (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 you in
understanding the ADA accessibility standards. However, it does
not constitute a legal interpretation, and it is not binding on
the Department.

        You inquire whether it is correct to construe Section
36.401(a)(2)(i) [and (ii)] (which applies to new construction) to
mean "that if permits are applied for prior to January 26, 1992,
a building would not technically have to be in compliance, even
if was completed after January 26, 1992, and also that if a
permit is applied for after January 26, 1992, and is occupied
prior to January 26, 1993, it would not have to comply."

        If by "permits are applied for" you mean that the last
application for a building permit or permit extension is
certified to be complete, or received by the relevant local
government agency, and if by "occupied" you mean that a
certificate of occupancy has been issued, then your understanding
appears to be correct.

        We hope that this information is useful to you in evaluating
your compliance with the ADA.

                                        Sincerely,



                                      L. Irene Bowen
                                      Deputy Director
                        Office on the Americans with Disabilities Act

cc: Records; OADA; Wodatch; Bowen; Beard; Arthur FOIA
01-00766



SCHROEDER & HOLT
Architects, Ltd.
212 West Wisconsin Avenue Milwaukee WI 53203 (414) 271-1521


December 9, 1991



Ms. Barbara S. Drake
Deputy Assistant Attorney General
Civil Rights Division
U.S. Department of Justice
Washington, D.C. 20530


Dear Ms. Drake:

I have tried on many occasions to call your Information Hotline, and I have
never been able to get through. Your machine asks that I wait on the line,
repeating itself for about fifteen minutes, and then ultimatly disconnecting
me.

I was calling to ask for a clarification of Paragraph 36.401(a)(2)(i) of
Subparagraph D. I would interpret this section to say that if permits are
applied for prior to January 26, 1992, a building would not technically have
to be in compliance, even if it was completed after January 26, 1992, and
also that if a permit is applied for after January 26, 1992 and is occupied
prior to January 26, 1993, it would not have to comply.

Please advise whether my interpretation is correct, and if not, what is the
correct interpretation of this section?



Sincerely,




Donald R. Holt

DRH:kk




01-00767