# 19


III - 6.2000  
                                                 June 26, 1992
DJ 202-PL-0015






M. D. Lindeman
U.S. West Business Resources, Inc.
188 Inverness Drive West
Edgewood, Colorado  80112

Dear M. D. Lindeman:

     I am responding to your request for clarification of the
requirements of title III of the Americans with Disabilities Act
of 1990 (ADA), Pub. L. 101-336, 104 Stat. 327 (July 26, 1990), 42
U.S.C.A. {{ 12101 et seq., and this Department's regulation
implementing title III, 56 Fed. Reg. 35544 (July 26, 1991), to be
codified at 28 C.F.R. pt. 36.  Specifically, you have asked how
to determine the appropriate basis on which to determine the
amount of money that must be spent on alterations to provide an
accessible path of travel when the "overall" cost of an
alteration to a telephone switching facility includes expenses
associated with renovations to electrical or mechanical systems.

     The ADA authorizes the Department to provide technical
assistance to individuals and entities having rights or
responsibilities under the Act.  This letter provides informal
guidance to assist you in understanding the ADA.  However, this
technical assistance does not constitute a determination by the
Department of Justice of your rights or responsibilities under
the ADA and it is not binding on the Department of Justice.

     Under the ADA, alterations to commercial facilities such as
telecommunications centers must, to the maximum extent feasible,
be made accessible to individuals with disabilities.  An
alteration is any change that affects or could affect the
usability of the facility.  Normal maintenance, reroofing,
painting or wallpapering, asbestos removal, or changes to
mechanical and electrical systems are not alterations unless 
they affect the usability of the building or facility.

     In addition, alterations that affect the usability of or
access to an area of a facility that contains a primary function
must include alterations to ensure that, to the maximum extent
feasible, the path of travel to the altered area is accessible,
unless the cost and scope of such alterations is disproportionate
to the cost of the overall alteration.  Alterations made to
provide an accessible path of travel to the altered area will be
deemed disproportionate to the overall alteration when the cost
exceeds 20% of the cost of the alteration to the primary function
area.

     You have asked if in determining the amount of money to be
spent on alterations to the path of travel, you should consider
the cost of the total alteration, including the amount spent on
modernizing electrical and mechanical equipment, or only the 
cost of physical alterations to the area housing the equipment.
Because changes in electrical systems are not included in the
regulation's definition of "alterations," you need not include
the cost of changes to the electrical and mechanical equipment in
calculating the total cost of an alteration in the circumstances
you describe where useability is not affected.

     This Department recently issued a technical assistance
manual to assist individuals and entities subject to the ADA to
understand the requirements of title III.  I have enclosed a copy
for your information.  I hope that this information is helpful to
you.                 

                                   Sincerely,




                                  Joan A. Magagna
                                  Deputy Director
                              Office on the Americans with Disabilities Act
                               Civil Rights Division

Enclosure