T. ROGVOY ASSOCIATES, INC. ARCHITECTS                 BERNARD H. DRANE, AIA    
                
6735 Telegraph Road, Suite 300                        CLARE D. IMHOFF, AIA
Bloomfield Hills, Michigan 48301                      G. BRUCE MOORE, AIA
                                                      CHARLES M. LOOHIS, AIA
Telephone 313-540-7700                                RICHARD L. WIDERSTEDT,
AIA
Facsimile 313-540-2710                                JAMES T. MOLL, AIA
                                                      MARK DRAKE, AIA
August 13, 1993                                       DAVIS W. BOLLA, AIA
                                                      DONALD R SHELDON
                                                      CLAUDE E. OLESON, AIA 
Mr. John L. Wodatch - Director                                                 
Office on the Americans with Disabilities Act
Civil Rights Division
Department of Justice
P.O. Box 66118
Washington, DC 20035-6118

Re: ADA Elevator Requirements

Dear Sir: 

Please clarify ADA elevator requirements for a newly constructed Sales
establishment less than three (3) stories in height and more than.
3,000 square feet in area, and:

     1. contains a partial second floor or mezzanine to be used by
        employees only as office and/or storage areas,
     2. shares a site with five or more other sales establishments
        with exterior access only from one establishment to another.

We might conclude from Part III, 28 CFR 36, Section 36.401 paragraphs
d.1. and d.2., that an elevator is required because, as a shopping
center, the elevator exemption would not apply. However, the example
contained in paragraph d. 3. indicates an elevator would not be
required, per the last four (4) words as paraphrased: "For example, in
a facility that houses a shopping center ... the floors that are above
or below an accessible ground floor and that do not house sales or
rental establishments ...must meet the requirements of this section
but for the elevator."

We understand the intent of paragraph d.3., but the example contained
therein appears to contradict paragraph d.2. is the use of the
mezzanine as a non-sales area a factor in determining if an elevator
is required?

We would appreciate a timely response to this matter. If there are
any questions, please call me.

                            Very truly yours,

                            T. ROGVOY ASSOCIATES, INC.


                            James T. Moll, A.I.A.
                            Assistant Vice President
REM:ADA.004


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