MAR 5 1998

The Honorable Jennifer Dunn
Member, U.S. House of Representatives
Nine Lake Bellevue Drive
Suite 204
Bellevue, Washington  98005

Dear Congresswoman Dunn:

     I am responding to your letter asking if Federal law would
require the installation of an elevator in a two-story facility
that is being remodeled.  Your inquiry was prompted by a letter
from your constituents, Mr. and Mrs. XXX      , who wrote to you
objecting to a determination by the Washington State Building
Code Council that the State's accessibility code requires the
installation of an elevator or ramps to provide access to an
upper level in a building being remodeled at the Atwood's Pet
Resort.  We apologize for the delay in responding.

     Title III of the Americans with Disabilities Act of 1990
(ADA) requires newly constructed or altered places of public
accommodation and commercial facilities to be readily accessible
to, and usable by, individuals with disabilities.  However, the
ADA does contain a limited exception to this requirement.
Section 303(c) provides that the requirement to provide access in
newly constructed or altered facilities

          . . . shall not be construed to require the
          installation of an elevator for facilities that are
          less than three stories or have less than 3,000 square
          feet per story unless the building is a shopping
          center, a shopping mall, or the professional office of
          a health care provider . . .

CC:  RECORDS; CHRONO; WODATCH; BLIZARD; MCDOWNEY; FOIA
     h:\GCONCEPC\MYFILES\DUNN.WPD

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Therefore, federal law would not require the installation of an
elevator in a two-story facility.

     Your constituents should note, however, that the ADA does
not preempt the authority of the State of Washington to impose
more stringent requirements on construction through its building
code process.  Therefore, the State may require the installation
of elevators in two-story buildings.  The interpretation and
application of the State's accessibility code is a matter that
Mr. and Mrs. Atwood must resolve with State code officials.

     I hope that this information is helpful to you in responding
to your constituents.

                              Sincerely,

                            Bill Lann Lee
                    Acting Assistant Attorney General
                         Civil Rights Division