# 41


III-7.5125              

                                             October 26, 1992

DJ 202-PL-78.A





Lee E. Sapira, Esquire
Kozloff, Diener, Payne & Fegley
Post Office Box 6286
Wyomissing, Pennsylvania  19610

Dear Mr. Sapira:

     This responds to your second letter requesting information
about the Americans with Disabilities Act, 42 U.S.C. 12101-12213
(ADA).  The ADA authorizes the Department of Justice to provide
technical assistance to individuals and entities having rights or
obligations under to the Act.  This letter provides informal
guidance to assist you in understanding the ADA accessibility
standards.  However, it does not constitute a legal
interpretation and it is not binding on the Department.

     You ask for clarification of the term "architectural
barrier" as it is used in the ADA and you inquire whether a
particular entrance at a credit union facility is such a barrier
and whether it would be readily achievable to replace it with an
automatic door.

     The ADA Accessibility Guidelines (ADAAG) set forth the ADA
standards for new construction and alterations of places of
public accommodations.  ADAAG was appended to the title III
regulations which were enclosed with my previous letter. To
determine whether a particular element of an existing facility is
an "architectural barrier," you may wish to compare it to the
ADAAG standards for such an element.  Section 4.13 of ADAAG sets
for the requirements for doors.  The ADAAG does not require that
automatic doors be provided although other requirements for doors
are addressed including maneuvering clearances, hardware, and
pull force (on interior doors).  Automatic doors may be used
where inadequate maneuvering space prevents a person with
mobility impairments from approaching and opening the door
without standing in the door swing (see section 4.13.6 and figure
25 for maneuvering space requirements).  If automatic doors are
provided they must comply with the requirements of ADAAG 4.13.12. 
As I stated in my previous letter, automatic doors are not
required and there may be other less costly measures to make an
entrance accessible.  

     If, as your second letter seems to suggest, the credit union
doorway is presently fully accessible, there would be no further
requirement with respect to that element.  However, this
Department will not make formal determination to that effect or
make a determination whether barrier removal is readily
achievable.  Outside of complaint investigations, compliance
reviews and litigation, we will not make determinations of that
sort about any specific facilities.  The purpose of this kind of
letter is to provide informal guidance to assist covered entities
understand their obligations under the ADA.  

     I hope that this information will be useful to you in
advising your client. 

                                   Sincerely,




                                  Joan A. Magagna
                                  Deputy Chief
                               Public Access Section