U.S.

Department of Justice

Civil Rights Division

Office of the Assistant Attorney General Washington, D.C. 20035

NOV 25 1997

The Honorable Robert F. Smith

Member, U.S. House of Representatives
843 East Main, Suite 400
Medford, Oregon 97504-7137

Dear Congressman Smith:

I am responding to your letter on behalf of your

constituent, Ms. XXX . Please excuse our delay in
responding.

Ms. XXX is the manager of a non-profit animal shelter

operated by the Southern Oregon Humane Society (SOHS). According
to her letter to you, the SOHS has purchased an existing office
building that will be relocated to the SOHS property for use as
an office building. Ms. XXX requested your assistance in
obtaining a "formal" determination of the applicable requirements
under the Americans with Disabilities Act of 1990 (ADA) because
she has been informed by a local building official that the SOHS
will be required to remodel the existing restrooms to make them
accessible "to comply with the ADA."

The Department of Justice is authorized by the ADA to

provide technical assistance to assist covered entities to
understand their ADA compliance obligations. Because this advice
is based solely on the facts presented in the incoming letter, it
does not constitute a formal legal opinion about SOHS rights or
responsibilities under the ADA. However, this guidance should
enable Ms. XXX to understand the generally applicable ADA
requirements.

If the new building is used strictly as an administrative

office building for SOHS staff, then it is a "commercial
facility" that is subject only to the new construction and
alterations requirements of title III of the ADA. However, if
SOHS operates the facility as a place of public accommodation (as
that term is defined in section 36.304 of the enclosed
regulation), then SOHS will also have the obligation to remove
architectural barriers in the existing facility, where such
removal is readily achievable, i.e., easily accomplishable and
able to be carried out without much difficulty or expense.

(handwritten)FOIA

-2-

Because the ADA defines the term "alteration" to include any

change "that affects or could affect the usability of the
building," the relocation of an existing building from one site
to another is considered to be an alteration. Therefore, SOHS
would be required to ensure that, to the maximum extent feasible,
would be required to ensure that, to the maximum extent feasible,
the altered portions of the facility, i.e., the external elements
of the facility that are physically altered, must comply with the
ADA Standards for Accessible Design (appendix A to the enclosed
regulation). As a result of the relocation, SOHS will be
required to make the building entrance(s) accessible and to
provide an accessible route to each accessible entrance.

In general, the ADA does not require major retrofitting in

existing facilities. Therefore, in a commercial facility, the
ADA would not require restrooms that were not otherwise being
altered to be made accessible. In a public accommodation,
barriers to access in existing restrooms must be removed if it is
readily achievable to do so.

Ms. XXX should note, however, that this letter addresses

only the requirements of Federal law. Some States have adopted
accessibility requirements through State statutes or building
codes that are more stringent than the Federal regulation. The
ADA expressly permits local authorities to enforce State or local
laws that provide accessibility that equals or exceeds the
Federal rules. Therefore, the State of Oregon may require SOHS
to comply with provisions that impose obligations in addition to
those identified in this letter.

I have enclosed two copies of the regulation implementing

title III of the ADA for your reference. I hope this information
is helpful to you in responding to your constituent.

Sincerely,
 Isabelle Katz Pinzler
Acting Assistant Attorney General
Civil Rights Division

Enclosures