# 117


III - 4.4400                                 December 29, 1993


202-PL-559






Mark S. Rabinowitz
Paul Rabinowitz Glass Company, Inc.
1421 S. 2nd Street
Philadelphia, Pennsylvania  19147

Dear Mr. Rabinowitz:

     This is in response to your letter dated June 8, 1993, and
your telephone conversations with Ms. Johansen of our staff on
June 8, and June 14, 1993, regarding exterior doors at banks.   

     The ADA authorizes the Department of Justice to provide
technical assistance to individuals and entities that are subject
to the Act. This letter provides informal guidance to assist you
in understanding the ADA accessibility standards. However, this
technical assistance does not constitute a legal interpretation
of the application of the statute and it is not binding on the
Department.

     Your initial question when you called the information line
dealt with exterior doors at existing banks that may be too heavy
for some people with disabilities to open.  You asked if it would
be permissible to put a sign on the door with a bell for
assistance.  This is permissible.  Existing facilities of this
type have an obligation under title III of the ADA to remove
architectural barriers to access where such removal is readily
achievable.  However, where the ADA Design Standards for new
construction specify requirements for a particular element, the
barrier removal obligation does not require existing facilities
to exceed the Design Standards.  The ADA Standards for Accessible
Design applicable to new construction do not set a limit for the
maximum door opening force for exterior hinged doors.  See the
ADA Standards for Accessible Design Section 4.13.11 and 4.13.12,
Appendix A to the enclosed title III regulation.  

     In your letter you state that you also want to provide a
sign with a bell to ring for assistance on doors that are double
leaf and do not meet the width requirements and on doors on which
the hardware does not meet the Standards.  As Ms. Johansen
explained, title III obligates a bank to remove architectural
barriers to access where it is readily achievable to do so. 
Readily achievable means easy to accomplish without much
difficulty or expense.  The factors that determine whether a
particular action is readily achievable are discusses at pp.
35568-35570 and 35597-35598 of the enclosed Federal Register
document and Section III -4.4000 of the enclosed Title III
Technical Assistance Manual.  Taking into account these factors,
if it is readily achievable for the bank to install the
appropriate hardware and to alter the doors to meet the width
requirements, it must do so.  Alternatives to barrier removal
such as the bell arrangement you describe are appropriate, and
indeed required, only if barrier removal is not readily
achievable.  

     We hope this information is helpful to you.

                            Sincerely,




                         Joan A. Magagna
                           Deputy Chief
                      Public Access Section
                              
Enclosures
Title III Regulation
Title III Technical Assistance Manual