DJ 192-180-04158

APR 30 1992

The Honorable Frank Horton

U.S. House of Representatives
2108 Rayburn House Office Building
Washington, D.C. 20515

Dear Congressman Horton:

This is in response to your letter on behalf of your

constituent, Ms. Susan Yara, regarding signage requirements under
the Americans with Disabilities Act (ADA).

This letter provides informal guidance to assist you in

responding to an inquiry from your constituent. However, this
technical assistance does not constitute a determination by the
Department of Justice of Ms. Yara's rights or responsibilities
under the ADA and does not constitute a binding determination by
the Department.

With respect to Ms. Yara's concerns, please be advised as

follows:

1. Ms. Yara quotes S4.30.3 of the Americans with

Disabilities Act Accessibility Guidelines (Guidelines) (Appendix
A to the Department of Justice's title III regulation), which
requires that characters and numbers on signs be sized according
to the viewing distance from which they are to be read, and
inquires as to whether further guidelines are available. The
only further guideline available regarding this issue is found in
the chart contained in S4.30.3, which sets out the requirement
that, with respect to signs that are required to be suspended or
projected overhead, the minimum character height is three inches
(75mm). As Ms. Yara notes, the appropriate height for characters
and numbers on signs is a subjective judgment. The Accessibility
Guidelines permit this judgment to be made by design
professionals.

cc: Records; Chrono; Oneglia; Friedlander; Pecht; McDowney.

:uddl:udd:pecht:horton.yara.2
01-00677​
-2-
2. With respect to Ms. Yara's question regarding the color
contrast between characters and their background, S4.30.5 of the
Accessibility Guidelines requires that ". . . characters and
symbols shall contrast with their background - either light
characters on a dark background or dark characters on a light
background."

Further guidance regarding S4.30.5 (and all other sections

of the Accessibility Guidelines designated with an asterisk) is
found in the Appendix to the Guidelines. The Appendix contains
materials of an advisory nature designed to help the reader
understand and comply with the Guidelines. Appendix SA4.30.5
explains that ". . . signs are more legible for persons with low
vision when characters contrast with their background by at least
70 percent," and includes a formula for determining contrast in
percent. For your convenience, we have enclosed a copy of the
title III ADA regulation, which includes the Accessibility
Guidelines.

There is no requirement in the Guidelines that signage

materials be a solid color. With reference to the sample
enclosed by Ms. Yara, the Department does not issue
determinations as to whether specific products comply with the
ADA Guidelines.

3. Ms. Yara requests a source of local assistance to aid

her in "determining the application of this law." Through the
National Institute on Disability and Rehabilitation Research,
Congress has funded a regional network of Disability and Business
Technical Assistance Centers. The Center in Ms. Yara's region
should be able to provide her with technical assistance and
referrals to local resources. The applicable Center is the
Region 2 Northeast Center at the following address:

United Cerebral Palsy of N.J.

354 South Broad Street
Trenton, New Jersey 08608
609-392-4004 (Voice)
609-392-7004 (TDD)

4. Ms. Yara requests clarification as to what constitutes

a permanent room or space under section 4.1.2(7) of the ADA
Accessibility Guidelines. In its Title III Technical Assistance
Manual, the Department has indicated that it considers the
category of permanent signage to include only those signs that
designate men's and women's rooms, room numbers, and exit signs.
Signs that provide direction to or information about functional
spaces of a building (e.g., "cafeteria this way" or "copy room")
need not comply with the requirements for raised and Brailled
letters (which are only applicable to permanent signage) but are
subject to other requirements. For your convenience, we have
01-00678​ -3-
enclosed a copy of the Manual. The information cited can be
found on page 59.

5. Ms. Yara inquires whether company logos are required to

be in raised lettering. Such logos are not considered permanent
signs subject to the raised letter requirement.

6. Ms. Yara asks whether raised lettering can be thicker

than 1/32". On January 14, 1992, the Architectural and
Transportation Barriers Compliance Board amended its ADA
Accessibility Guidelines (which are the same Guidelines adopted
by the Department for its title III regulation) to make it clear
that lettering must be raised a minimum of 1/32" (emphasis
added). A copy of this amendment is enclosed. The Department
plans to make this technical correction to its title III
regulation at a later date.

7. Ms. Yara inquires as to whether, each time a permanent

sign is replaced, the replacement must comply with the ADA
Accessibility Guidelines. Under ADA regulations, any replacement
of permanent signage is considered an alteration which must be
made in a manner that complies with the Accessibility Guidelines.

8. Ms. Yara asks which sign should be used to determine

the centerline for complying with the S4.30.6 requirement for
mounting height when multiple signs are used. As stated in the
regulation, the measurement should be made from the centerline of
the permanent sign. In the example given in Ms. Yara's letter,
this would be the sign designating the room number.

9. Ms. Yara requests a description of the pictorial for

the "sign depiction of a telephone handset with radiating sound
waves," as required by S4.30.7(2). Ms. Yara is correct in
assuming that this sign is typically provided with the telephone
equipment. However, if one is not provided, any pictorial
fitting the description set out in the regulation is acceptable.

10. Ms. Yara asks whether the signage at non-accessible

entrances required by S4.1.6(1)(h) of the Guidelines must meet
the permanent signage requirements (raised letters and Braille).
Such signs are not considered permanent signs and, thus, do not
have to meet the raised letter and Braille requirements. Please
refer to the discussion of permanent signs at number 4 above.

11. Ms. Yara requests a listing of letter styles falling

into the categories "sans serif" and "simple serif." She also
asks where the Braille required by S4.30.4 should be located.

The term "serif" refers to the short lines that stem from
and are located at an angle to the upper and lower ends of the
strokes of a letter. "Sans serif" refers to type styles without
these flourishes, while "simple serif" type may include styles
01-00679​ -4-
with some, but not excessive, additional lines. Many letter
styles fall within these broad, generic categories, and new
styles are frequently created. Thus, a comprehensive listing
would be impossible. The intention of the regulation is to
provide design professionals with the ability to exercise their
professional and aesthetic judgment within these general
guidelines.

The same holds true for the location of Braille. Braille

must accompany raised characters on permanent signs, but no
particular location is required, thus providing design
professionals with an opportunity to place Braille characters in
the location most appropriate to a given design application.

12. Ms. Yara inquires ". . . where are upper case letters
required and lower case letters allowed?"

Lower case letters are permitted for all signs subject to

the requirements of S4.30.3. Section 4.1.2(7) requires " . . .
signs which provide direction to, or information about,
functional spaces of the building . . ." to comply with S4.30.3.
Examples of such signage are discussed at number four above.

Upper case letters are required for all signs subject to the
requirements of S4.30.4. Section 4.1.2(7) requires " . . . signs
which designate permanent rooms and spaces . . ." to comply with
S4.30.4. Please refer to the discussion of permanent signs at
number 4 above.

13. Ms. Yara asks whether the S4.30.4 requirement that the
border dimension of a pictogram must be six inches minimum in
height refers to the size of the pictogram or to the overall
dimension of the sign. It refers to the overall dimension of the
sign. The edge of the plate is considered to be the border and
no separate border or frame is required.

14. Ms. Yara requests clarification regarding the required

date of compliance for existing businesses. Title III generally
went into effect on January 26, 1992. Although there are phase-
in periods for smaller businesses (see S36.508 of the enclosed
title III regulation), these phase-in periods are, in effect,
grace periods during which civil actions cannot be brought
against covered small businesses. However, those businesses are
still expected to comply with the title III regulation.

There is no general obligation to replace signage in

existing facilities when no alteration or new construction is
planned. However, S36.304 of the title III regulation requires
businesses to remove architectural barriers and communications
barriers that are structural in nature from existing facilities
when such removal is readily achievable, that is, easily
accomplishable and able to be carried out without much difficulty
01-00680​ -5-
or expense. Section 36.304(c) suggests priorities for such
barrier removal. Under S 36.304(c)(2), which discusses measures
that may be taken as a second priority (to provide access to
those areas of a place of public accommodation where goods and
services are made available to the public), providing Brailled
and raised character signage is listed as an example.

As noted above, all signage in newly altered areas must

comply with the requirements of the Guidelines. In addition,
signage in buildings designed for first occupancy after January
26, 1993, must also comply.

15. Ms. Yara expresses concern regarding the requirement

that raised rather than engraved lettering be used for permanent
signage. First, as noted above, in its technical assistance
manual, the Department has defined permanent spaces in a
restrictive manner. Thus, only a limited number of rooms are
subject to the raised letter and Braille requirement.

Also, the Architectural and Transportation Barriers

Compliance Board (Board) is currently drafting accessibility
guidelines for title II of the ADA, which covers State and local
governments. At my request, the Board agreed to include specific
questions concerning appropriate standards for signage in the
preamble to that proposed rule. This action will enable the
engraving industry to formally present to the Board its views on
engraved lettering.

I strongly encourage representatives of the engraving

industry to submit comments on the proposed title II guidelines
so that the Board will have the necessary information to make a
wise decision on the issue. The Board will carefully consider
all comments received and determine whether the guidelines should
permit engraved lettering on permanent signs in State and local
facilities. If the comments received indicate that such a
determination is appropriate, I will recommend to the Board that
the title III guidelines, covering places of public accommodation
and commercial facilities, should likewise be revised to permit
engraved letters.

I hope this information has been helpful to you.

Sincerely,

John R. Dunne
Assistant Attorney General
Civil Rights Division

Enclosures (3)
01-00681​CS Engraving
3816 West Walworth Road, Macedon, New York 14502 (315)986-2860

February 17, 1992

Congressman Frank J. Horton
House of Rep., 2108 Rayburn Bldg.
Washington, D.C. 20515

Re: The Americans with Disabilities Act Regulations

Dear Congressman Horton:

It was a pleasure to meet with you last week to discuss my

questions and concerns regarding the above referenced law.
As per your recommendation, I have compiled questions on
several aspects of the law with regard to the signage
requirements. Since my customers rely on me to assist them
in complying with this law, I want to be sure that I
understand it as fully as possible.

Section 4.30.3"...shall be sized according to the

viewing distance from which they are to be read..."
This section discusses the letter height requirements;
and we wonder if there are any further guidelines with
regard to maximum distance vs. letter height. This is a
very subjective determination. In addition, available
wall space is of concern since lettering of this height,
particularly 2", takes up a large amount of space.

We have been reading that the color contrast between

lettering the background should have at least a "70%
reflective difference". What does that mean and how do
we determine whether or not we are within this standard?
Also, does the color have to be a solid dark or light;
or can it be something like the sample of material
enclosed?

Where can we obtain assistance locally in determining

the application of this law? I do not want to be the
judge of whether what the client wants to do will meet
the required standards. Also, we do not have the time
to consult Washington D.C. every time we have a
question.

Section 4.1.2 (7) "...Signs which designate permanent

rooms and spaces shall comply...". What specifically is
a permanent room or space. Many room usages change over
time, so is the room number the only identification that
is considered permanent, or is the function to be
indicated with raised lettering as well?

Is a company logo; eq. Coca Cola, required to be in

raised lettering as well?
01-00682
Is raised lettering to be only 1/32" in thickness, or
can it have more thickness? The study included in the
enclosed article tested 1/8" thick letters as well.

I have read articles that suggest that each time a

"permanent" sign is changed that the replacement should
meet the new standards. Is this correct, or will a
change be required only when an area is totally
renovated or remodeled?
 Section 4.30.6 "...Mounting height shall be 60
inches...to centerline of sign " If several signs are
used at the same doorway; e.q. room number, room
function, occupant's names; and stacked one above the
other, which is used for the centerline measurement?

Section 4.30.7 (2) What does the pictorial look like for
the "sign depiction of a telephone handset with
radiating sound waves.", or is this sign provided with
the telephone itself?

4.1.6 (1)(h) "...signage at non-accessible entrance..."

Is this required to have raised letters and braille?
Section 4.30.4 states "...upper case, san serif or
simple serif type and be accompanied with Grade 2
braille..." Specifically what letter styles fall into
this category and where is the braille to be located on
the sign?

Section 4.30.3 states "...lower case characters are

allowed." and Section 4.30.4 states "...letters and
numerals shall be...upper case...". Specifically where
are upper case letters required and lower case letters
allowed?

Section 4.30.4 states "Border dimension of pictogram

shall be 6 in. minimum in height." Does this refer to
the size of the pictogram itself, or the overall sign?
Also, does border mean the sign must have a separate
border or frame, or is the edge of the plate considered
a border?

The information I have been receiving seems to be

contradictory with regard to the date of compliance for
existing businesses. Assuming no physical alterations
or new construction are planned by an existing business,
when must this business comply with the law;
specifically regarding the changing of their signage to
comply with this law?
01-00683​Congressman Horton, as we discussed last week, I still do not
understand why engraved signage is no longer allowed for
"permanent" signage. It can be read tactily, is less
expensive, and is usually less subject to vandalism; a major
concern to my clients. As I mentioned in my last letter to
you, a similar law in Connecticut was amended to include
engraved signs because blind people testified that they could
read an engraved sign as well as raised letters. Also,
please refer to the section of the Engravers Journal article
that I have attached which also addresses this subject.

In conclusion, I want to reiterate that we wish to help our

clients comply fully with a law whose purpose we completely
agree with which is why we are requesting clarification on
certain points. However, we would like to see engraved
signage included in the allowable signs for the reasons
stated above and in my earlier correspondence. As we
discussed before.......If it ain't broke, don't fix it.

Sincerely,

Susan Yara
01-00684