# 29

III-1.2000

August 28, 1992

DJ 202-PL-216

Mr. XXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXX
Gulf Shores, Alabama 36542-XXXX

Dear Mr. XXXXXX:

This letter is in response to your request for information

about the Americans with Disabilities Act (ADA).

The ADA authorizes the Department of Justice to provide

technical assistance to individuals and entities having rights or
obligations under the Act. This letter provides informal
guidance to assist you in understanding the ADA accessibility
standards. However, it does not constitute a legal
interpretation and it is not binding on the Department.

You asked about the applicability of title III to an

architect's office, an engineer's office, a consulting engineer's
office that deals only with professionals, and the offices of all
other professionals (except accountants, lawyers, insurance
providers, and health care providers).

Under title III, the ADA covers a private entity if the

entity's operations affect commerce and it falls within one of
twelve categories. One of these categories, "service
establishments," specifically includes the office of an
accountant or lawyer, an insurance office, and the professional
office of a health care provider. Similarly, architect's
offices, engineer's offices, and other professional offices would
be covered by the ADA as service establishments if they provide
their services to the public. A consulting engineer's office
would not be considered a public accommodation to the extent that
it offers its services exclusively to other business entities in
the construction or building trade and does not deal directly
with the clients of these other businesses. Of course, the
facility housing any professional office would be considered
a commercial facility within the meaning of title III. For a
fuller discussion of these issues, please consult the
Department's title III regulation at pages 35547, 35551, and
35593-4 and the Department's Title III Technical Assistance
Manual at pp. 1-4. A copy of each of these documents is
enclosed.

You have also inquired about the application of title III

to condominiums in which individuals owners do not reside for
most of the year and which are rented on a nightly, weekly or
monthly basis. Condominium buildings may be covered as places of
public accommodation if they operate as places of lodging.
Determining whether a particular condominium facility is a place
of public accommodation would depend on the extent to which it
shares characteristics normally associated with a hotel, motel or
inn.

You ask for clarification of the terms "readily achievable"

and "structural impracticability." These terms are discussed at
pages 35568-35570, 35577-35578, 35597-35598, and 35599-35600 of
the enclosed Federal Register publication and at pages 28-35 and
43-44 of the enclosed Title III Technical Assistance Manual.

I have enclosed copies of the materials you requested. We

have forwarded your request for obtaining copies of the
Department's interpretations of the ADA to our Freedom of
Information Office. You should make further inquiry in that
regard to: Nelson Hermilla, FOIA Office, Civil Rights Division,
Room 7337, U.S. Department of Justice, Washington, D.C. 20530.

I hope this information is helpful to you.

Sincerely,
 John L. Wodatch
Director
Office on the Americans with Disabilities Act

Enclosures (2)