LEECH ARCHITECTS, INC.

7785 E 126th Street

Fishers, Indiana 46038
Telephone 317-842-1931

June 23, 1992

Attn: Mr. Joe Beard

Office on the Americans with Disabilities Act
Civil Rights Division
P.O. Box 66118
Washington, DC 20035-6118

Mr. Beard,

I am writing to reconfirm my conversation with you during the week of April 6,

1992. My previous letter dated April 13, 1992 must not have reached you. I am
requesting written verification and clarification of the following question.

My question to you was regarding elevator/lift requirements for existing

construction to be altered in a retail store, within a strip shopping mall.
You indicated that the ADA requirements will not allow the elevator exemption
for shopping centers or malls. You then identified to me the definitions for
shopping centers and malls, and you also indicated that once there are more
than (5)retail stores with a common pathway; that an elevator would be
required.

But you then indicated that floors that do not house retail or rental
establishments are not defined as "shopping center or mall"; therefore you
indicated that an elevator to an office area of less than 3,000 square feet
for a retail store probably would not be required.

Thus, in this scenario, a retail store that is to be remodeled in such a way

as to add a mezzanine area for offices; even though the main level -is
considered a shopping mall or center - the mezzanine level (if it is under
3,000 s.f. or less than (3) stories, and houses no sales or rental
establishments) should be exempt from the elevator requirement. This, then,
implies that we are within compliance for the Title III portion of the ADA as
you indicated during our conversation.

As per our conversation and this review I am proceeding, but you stated that
you cannot confirm in writing our conversation unless specifically requested.
Thus, this is my request for your confirmation. I would appreciate it if you
could document your confirmation of this interpretation to me as soon as
possible, thus verifying all questions regarding elevator/1 if t requirements
for the project this inquiry has been undertaken.

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Mr. Joe Beard June 23, 1992 Page 2

Thank-you again for your time, I look forward to receiving your verification
promptly after your review of this letter.

Sincerely,

April E. Polland

cc: William Cooper

Tom Huller
Mark Mathias
Donna Tarr
Curt Johanson
Greg Lyons
Daniel Patterson

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