DJ 202-PL-348


                                                           MAY 20 1993


Mr. Robert H. Linn
1140 North Providence Road
Media, Pennsylvania 19603

Dear Mr. Linn:

     This letter is in response to your inquiry of September 30,
1992, about the definition of a place of public accommodation and
the requirements for toilet rooms under the Americans with
Disabilities Act ("ADA") and the ADA's architectural Standards
for Accessible Design. We apologize for the delay in responding.

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

     Your letter inquires about ''manufacturing type facilities"
and whether certain kinds of public contact would bring them
within the definition of public accommodation in title III of the
ADA. We begin by assuming that the types of facilities you are
describing do not fall within any one of the twelve categories of
places of public accommodation listed in the statute. 42 U.S.C.
S 12181(7).  Accordingly, they are "commercial facilities" having
obligations under the statute for alterations and new
construction, but not for barrier removal in existing facilities.

     You ask first whether visits to this type of facility by
vendors or outside salespersons are activities that would change
the statutory categorization for the facility and bring it into
the category of a place of public accommodation. Second, you ask
whether the portion of a manufacturing facility where job
applications are accepted and interviews take place qualifies as
a place of public accommodation.


cc:  Records, Chrono, Wodatch, Magagna, Contois, FOIA
     Udd:Contois:PL:Linn.JAM

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     If an entity does not fall within one or more of the twelve
categories of public accommodations designated in the statute,
then it is not a place of public accommodation within the meaning
of title III. The fact that such facilities may be frequented by
salespersons or job applicants does not alter that conclusion.
However, as your letter acknowledges, a commercial facility may
have an independent obligation under title I of the statute to
make some accommodations for job applicants with disabilities.

     Your letter also inquires about the requirements of the
Standards for Accessible Design with respect to toilet rooms.
The Department of Justice cannot certify or approve particular
designs for toilet rooms or any other architectural features.
However, the drawing you have provided appears to comply with the
requirements of the Standards. Other configurations might also
comply with the Standards, including, for instance, a room of
slightly smaller dimensions, with the toilet and sink on the long
wall across from the door. Using such a design, the room could
be approximately 6'-8" by 5'-0", and would allow for both a front
and side transfer from a wheelchair to the toilet. The design
you have provided does not appear to allow for a side transfer.

     I hope this information is useful to you in understanding
the requirements of the ADA and the Standards for Accessible
Design.

                           Sincerely,




                        John L. Wodatch
                             Chief
                     Public Access Section


Enclosure
     Title III regulation

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