NOV 23 1993

The Honorable Daniel P. Moynihan
United States Senate
464 Russell Senate Office Building
Washington, D.C. 20510

Dear Senator Moynihan:

      This letter responds to your inquiry on behalf of your
constituent, Edward M. McNally, concerning the regulatory
requirements of the Americans with Disabilities Act (ADA) for
soap dispensers for use in public washrooms.

     Mr. McNally is concerned because he has been told by one of
his distributors that the soap dispenser he manufactures does not
comply with ADA requirements. The Standards for Accessible
Design establish requirements for elements and features required
to be accessible in new and altered buildings and facilities.
The standards are included as Appendix A to the title III rule, a
copy of which is enclosed. Section 4.22.7 (page 35653) requires
that one dispenser, if dispensers are provided, in an accessible
toilet room must comply with 4.27. Section 4.27.4 (page 35658)
stipulates that controls and operating mechanisms shall be
operable with one hand and shall not require tight grasping,
pinching, or twisting of the wrist. Looking at the illustrations
of the soap dispenser provided by Mr. McNally, it appears that
the operation of the crank or button may indeed require pinching
and, perhaps, turning of the wrist. If such is the case, this
soap dispenser would not be considered suitable for use as the
required accessible dispenser in a toilet room. However, in no
way would this limit the use of the soap dispenser at lavatories
other than the one required to be accessible.

     Please encourage your constituents to contact the Public
Access Section any time they have questions or need information.
The Department maintains a telephone information line to provide
technical assistance regarding the rights and obligations of


cc: Records; Chrono; Wodatch; McDowney; Harland; FOIA; MAF.
    \udd\harland\cong.moy











01-02730




                           - 2 -

individuals, businesses, agencies, and others covered or
protected by the ADA. This technical assistance is available by
calling 202-514-0301 (voice) or 202-514-0393 (TDD) between 1:00
p.m. and 5:00 p.m., Monday through Friday.

     I hope the information we have provided is helpful to you
and your constituent.

                            Sincerely,




                         James P. Turner
                   Acting Assistant Attorney General
                         Civil Rights Division

Enclosure








01-02731