September 30, 1992




The Office of the Americans
with Disabilities Act
Civil Rights Division
U.S. Department of Justice
Post Office 66118
Washington, D.C. 20035-6118


RE: Interpretations
    Title III ADA Legislation



Dear Sir or Madam:

    As an architectural firm, we have performed ADA Title III facility
surveys for numerous clients over the past year. During the course of
our facility evaluations, several issues and questions seem to
consistently recur. Although we have researched various sources and
attempted to interpret the legislation, we feel that we need some
additional guidance from the Department of Justice.

    We would appreciate your interpretation of the following issues, in
order that we can guide our clients in complying with both the letter
and spirit of the legislation.

1.   Many manufacturing type facilities clearly match the definition of
     "commercial", with the possible exception of two types of public
     contact.

     a. The first type of "visitor" would be a vendor or outside
        salesperson. In our interpretation, since the salesperson is
        providing a good or service to the facility, instead of the
        facility providing a good or service to the salesperson, then
        this type of individual would not trigger the definition of
        public accommodation". Are we correct in this interpretation?

     b. The second issue centers around a facility that accepts
        employment applications at their facility. Does the portion of
        the facility where the application and interview take place
        fall under the Title III definition of "public accommodation", 
        and therefore require review for "readily achievable", barrier
        removal, or is it more of a Title I issue relative to
        employment practice?

                                                                     



01-02258


The Office of the Americans
with Disabilities Act
September 30, 1992
Page Two


2.  We recognize that the illustrations in the ADAAG are for individual
    plumbing fixtures and not the toilet room as a whole. Based upon
    the clearances illustrated for a lavatory Figure 32, a toilet in
    Figure 28, and the requirement for a five (5) foot diameter
    unobstructed turning radius per Section 4.22.3, we feel that a
    single user floor mounted toilet room must be a minimum of 51-2" x
    7'-6".  Does this appear to be consistent with the requirements?
    (See attached sketch.)

    We appreciate any assistance you can provide in helping us to
correctly interpret these issues.  Thank you.





Respectfully submitted,




Robert H. Linn
Registered Architect


RHL/jb

Enclosure: Sketch

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[Sketch of Floor Plan]






                                                5'-O" DIAMETER
                                                TURNING SPACE










                          5'-2" x 7' -6"
                           SINGLE USER
                          FLOOR MOUNTED
                         FRONT TRANSFER 
                        NO SIGHT PRIVACY




     FLOOR PLAN

   SCALE:1/4"-1'0"





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12/10/92 (HANDWRITTEN)

Rob't Linn response  (HANDWRITTEN)


Ellen --

     Here's a copy of the letter and sketch I e-mailed you about
I'd be happy to have whatever comments you care to make.

     When I looked at ADAAG Figure 28, it looked to me like it
was possible to have a configuration which was 4'-8" by 7'-6"
Am I missing something?

     Thanks again.


                                [HANDWRITTEN]

                                       no because you
                                   can't fit a 60" turning
                                   space into a 56" wide room

                                        Tom

(HANDWRITTEN)

What he shows is okay, but
I usually recommend the arrange-
ment below.  Not only does it take
up fewer square feet but it allows
for a sides transfer!


                              APPROX. 6'-8"
                      [Sketch Inserted at Bottom]





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