# 70



DJ 202-PL-288

III-5.4200                                        May 20, 1993




Timothy L. Kauffman, M.S., P.T.
719 North Duke Street
Lancaster, Pennsylvania 17602

Dear Mr. Kauffman:

     I am writing in response to your August 10, 1992, letter
concerning the Americans with Disabilities Act (ADA).  I regret
the delays in responding to your inquiries.

     The ADA authorizes the Department of Justice to provide
technical assistance to individuals and entities having rights or
obligations under the Act.  This letter provides informal
guidance to assist you in understanding the ADA's requirements;
however, it does not constitute a legal interpretation and it is
not binding on the Department.

     Your letter requests guidance concerning the need for an
elevator in an office building that you intend to build to house
your physical therapy offices.  According to your letter, your
building will have two floors; the first floor will include
patient treatment areas and the second floor will be reserved
exclusively for your private office and storage space.  Each
floor will occupy approximately 3,000 square feet.  Your letter
requests guidance over whether the ADA requires the installation
of an elevator between the two floors.

     The ADA does not "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...." ADA 303(b).  The Department's implementing
regulation, 28 C.F.R. pt. 36, defines a "professional office of a
health care provider" as, "a location where a person or entity
regulated by a State to provide professional services related to
the physical or mental health of an individual makes such
services available to the public." 28 C.F.R. 36.401(d)(i).  The
regulation also makes clear that, "[t]he facility housing the
'professional office of a health care provider' only includes
floor levels housing at least one health care provider, or any 
floor level designed or intended for use by at least one health
care provider." Id.  Regardless of whether patients will receive
treatment on each floor of the professional office of a health
care provider, each such floor must be readily accessible to and
usable by individuals with disabilities.  Therefore, an elevator
must be installed if necessary to ensure that the second floor is
usable to and accessible by persons with disabilities.  This
requirement is explained on page 2 of the enclosed January 1993
supplement to the Department's title III Technical Assistance
Manual.

     I have enclosed a copy of the Department's regulation
implementing title III and the Department's title III Technical
Assistance Manual.  I hope this information is useful to you.

                            Sincerely,




                         John L. Wodatch
                              Chief
                      Public Access Section

Enclosures (2)
     Title III regulation
     Title III Technical Assistance Manual