T. 6-30-92 JUL 8 1992 DJ 202-PL-155 Mr. Gregory W. Silliman DIRECTOR Senior Project Engineer WODATCH Code Consultants Incorporated Fire Protection Consultants DATE 760 Office Parkway St. Louis, MO 63141 Dear Mr. Silliman: DEPUTY LIB This letter responds to your correspondence regarding the application of the Americans with Disabilities Act (ADA) to a DATE newly constructed parking structure connected to an existing mall building. The ADA authorizes the Department of Justice to provide technical assistance to individuals and entities with rights or SPECIAL obligations under the Act. This letter provides informal COUNSEL guidance to assist you in understanding the ADA accessibility BREEN standards. However, this technical assistance does not constitute a legal interpretation of the statute and it is not DATE binding on the Department. Your letter states that an accessible entry to each level of the mall will be provided from each level of the parking garage and that the mall building contains accessible elevator service. BLIZARD You ask if, in lieu of providing an elevator in the parking structure, this provides an adequate degree of accessibility with DATE respect to ADA requirements. The parking structure could be regarded as an addition (see ADA Guidelines S 4.1.5) to the existing mall; as such, the design would have to in compliance with the applicable provisions of HARLAND S 4.1.1 through S 4.35, the requirements for new construction. Where the parking structure connects to the existing mall, that DATE portion would be considered an alteration to an area of primary function and would trigger the path of travel requirements of S 4.1.6(2). As to the alteration requirements, your affirmative cc: Records, Chrono, Wodatch, Harland, FOIA udd:Harland.Silliman 01-01029 - 2 - answer from the DOJ ADA hotline was well-reasoned with respect to the path of travel. However, this would be considered correct only if the parking structure is used exclusively for access to the mall building. If the parking structure could be used independently of the mall (e.g., as parking for another building or as parking when the mall building was not open for business) when direct access to the street would be necessary, we believe that the parking structure would be considered a separate new facility subject to the new construction requirements. In that situation, the Guidelines S 4.1.3(5) would require an elevator serving each level of the parking structure. Also, because the ADA does not affect the application or enforcement of state or local building regulations, if your local building code requires an elevator within the structure, that requirement would have to be satisfied irrespective of ADA requirements. To assist you in complying with the ADA, attached are the final Title III regulations and a Technical Assistance Manual. We hope this information is useful to you. Sincerely, John L. Wodatch Director Office on the Americans with Disabilities Act Enclosures cc: Dave Yanchulis, Access Board 01-01030 Code Consultants Incorporated May 1, 1992 Office of the Americans With Disabilities Act P.O. Box 66118 Washington D.C. 20035-6118 To Whom It May Concern: Based upon my conversation on the morning of April 28, 1982 with a Department of Justice "Hotline" representative, I would like to document and verify the items discussed. The question pertained to an existing two story covered mall building and a newly proposed open parking structure three stories in height connected to the covered mall building. At issue is the need for an elevator within the newly proposed open parking structure based upon the provisions of Section 4.1.3(5) of the Accessibility Guidelines. As currently designed the covered mall building contains accessible elevator service within the public mall area. The proposed open parking structure adjacent to the covered mall building will provide accessible parking on each level and will provide an accessible entry from each level of the open park- ing structure to each level of the existing covered mall building. Since the occupants of the proposed open parking structure have an accessible entry into the existing public mall area, the Department of Justice hotline repre- sentative indicated that in his opinion, this proposed condition would pro- vide an adequate degree of accessibility for compliance with the ADA. This opinion was based upon the fact that the open parking structure and cov- ered mall building function together and constitute one facility even though they are technically considered two separate buildings by the local Building Code. It is additionally important to note that the proposed open parking structure will be owned and/or operated by the same firm that owns and oper- ates the covered mall building. Although we understand that the Department of Justice opinions and written comments are not binding, we would still appreciate acknowledgement of this condition for future reference. F I R E P R O T E C T I O N C O N S U L T A N T S 760 OFFICE PARKWAY * ST. LOUIS, MO 63141 * 314-991-2633 * Fax 314-ILLEGIBLE 01-01031 Office of the Americans with Disabilities Act May 1, 1992 Page 2 If the above meets with your approval please sign on the line provided below and return a copy for our files. Sincerely, Gregory W. Silliman Senior Project Engineer GS/tc c: Dave Yanchylis, Access Board - Office of Technical Information, Washington, D.C. APPROVED: DATE: 01-01032