T.

6-15-93

DJ 202-PL-338

JUN 25 1993

Michael A. Cassavoy, P.E., R.A.

Principal
CID Associates, Inc.
108 Lincoln Street
Boston, Massachusetts 02111

Dear Mr. Cassavoy:

This letter responds to your correspondence regarding the

application of the Americans with Disabilities Act (ADA) to the
requirement for areas of rescue assistance in new construction.

The ADA authorizes the Department of Justice to provide

technical assistance and information to individuals and entities
who have questions about the Act or the Department's Standards
for Design. This letter provides informal guidance to assist you
in understanding and complying with the ADA Standards for
Accessible Design. However, this technical assistance should not
be viewed as legal advice or a legal opinion about your rights or
responsibilities under the ADA.

The new construction scoping requirements for accessible

means of egress in section 4.1.3(9) of the standards allow areas
of rescue assistance to be included as part of an accessible
means of egress from occupiable levels above or below a level of
accessible exit discharge. In a multi-story building, it may be
impossible to provide means of egress independently accessible by
persons unable to use stairs. Areas of rescue assistance allow
such individuals to remain in a protected area for a short time
awaiting the assistance of trained emergency personnel. The
standards allow an exemption to the requirement for areas of
rescue assistance in buildings equipped with a supervised
automatic sprinkler system. This exemption does not affect the
requirement that accessible means of egress equal in number to
exits required by local regulations be provided from an
accessible exit discharge level.
We hope this information is helpful to you. Please contact
the Public Access Section any time you have questions or need
information. The Department maintains a telephone information
line to provide technical assistance regarding the rights and

cc: Records, Chrono, Wodatch, Breen, Harland, FOIA, Friedlander

n:\udd\mercado\plcrtltr\cassavoy-ewh

01-02424

-2-

obligations of individuals, businesses, agencies, and others

covered or protected by the ADA. This technical assistance is
available by calling 202-514-0301 (voice) or 202-514-0383
(TDD) between 1:00 p.m. and 5:00 p.m., Monday through Friday.

Sincerely,

John L. Wodatch
Chief
Public Access Section

01-02425​

Michael A. Cassavoy
James G. Jacobs
John F. King, jr.
George J Manos

Principals
CID ASSOCIATES, INC

May 5, 1993

Ms. Ellen Harland

Office on ADA
U.S. Department of Justice
P.O. Box 66118
Washington, D.C. 20035-6118
Re: ADA Tech. Assistance
Section 4.1.3, Paragraph 9

Dear Ms. Harland:

I am writing to you on behalf of Mr. Michael Cassavoy. Through one

form or another of miscommunication, a letter (See attached copy),
which Mr. Cassavoy wrote to the Department of Justice on September 4,
1992, has not been responded to in writing. Evidently, you and Mr.
Cassavoy spoke on October 27, 1992 and you provided an opinion on the
subject in question. We would be very thankful if you would provide
an answer or answers in writing at your earliest convenience as this
matter is of great concern to us and our clients.

Respectfully,

CID ASSOCIATES, INC.

David F. Potenza
Manager Facilities Services

C2020081/krj

01-02426​

Michael A. Cassavoy
James G. Jacobs
John F. King, jr.
George J Manos

Principals
CID ASSOCIATES, INC

September 4, 1992

Office on ADA
Civil Rights Division
U.S. Department of Justice
P.O. Box 66118
Washington, D.C. 20035-6118
Re: ADA Tech Assistance
Section 4.1.3 Paragraph (9)

To Whom It May Concern:

We are interested in receiving an interpretation relative to the

exception statement of Section 4.1.3, Paragraph (9) ["EXCEPTION:
Areas of rescue assistance are not required in buildings or
facilities having a supervised automatic sprinkler system."].

Does the exception statement pertain to the egress requirement found

in the first sentence of Paragraph (9)?

Are we to understand that the exception pertains to only the areas of

rescue assistance requirement found in Paragraph (9)?

More specifically, concerning buildings that have sprinkler systems,

do we need to make all required egress exits that are on accessible
levels, accessible or does the exception eliminate the requirement?

Any clarification regarding this particular Section's exception

statement would be very much appreciated.

Very truly yours,

CID Associates,

Michael A. Cassavoy, P.E.R.A.

Principal

01-02427