NOV 23 1993 The Honorable Dennis DeConcini United States Senate 328 Hart Senate Office Building Washington, D.C. 20510 Dear Senator DeConcini: This letter is in response to your inquiry an behalf of your constituent, John McGuire, regarding interior signage in buildings under the Americans with Disabilities Act (ADA). Title III of the ADA applies to public accommodations and commercial facilities. Title III has different technical requirements for various types of building signs. These requirements are set forth in the ADA Standards for Accessible Design at  4.30. These Standards were adopted as Appendix A to the title III implementing regulation. A copy of the regulation and Appendix are enclosed. The technical requirements for signage are also discussed in the enclosed Title III Technical Assistance Manual, p. 59. Signage meeting the technical requirements set forth in the Standards is required in all newly constructed buildings, if first occupancy is after January 26, 1993. See  36.401 of the regulation and  4.1.3(16) of the Standards. In addition, each element of a building that is altered must conform to the standards where technically feasible if the alteration was commenced after January 26, 1992. See  36.402 of the regulation and  4.1.6 of the Standards. For existing buildings not undergoing alterations, public accommodations (but not commercial facilities) have an obligation to remove architectural barriers to access and communication barriers that are structural in nature where it is readily achievable to do so. See  36.304 of the regulation. Replacing non-conforming signage with new signage that complies with the ADA technical standards may be readily achievable in some circumstances. cc: Records; Chrono; Wodatch; McDowney; Magagna; Johansen; FOIA; MAF. \udd\johansen\deconcin.ltr 01-02727 - 2 - The ADA authorizes private individuals and the Attorney General to file lawsuits to enforce title III. In private suits, if the court finds a violation it may order injunctive relief to make the necessary architectural changes to bring a building into compliance and may award the prevailing plaintiff costs and attorney's fees. In suits brought by the Attorney General, if the court finds a violation it may order similar injunctive relief and may also award compensatory damages to individuals aggrieved by the violation and civil penalties of up to $50,000 for the first violation and $100,000 for subsequent violations. We hope this information will assist you in responding to your constituent. Sincerely, James P. Turner Acting Assistant Attorney General Civil Rights Division Enclosures 01-02728