DEC 6 1993

James M. Gran
Associate Counsel
Maytag Corporation
403 West Fourth Street North
Newton, Iowa 50208

Dear Mr. Gran:

This letter is in response to the questions we discussed at

our October 29, 1993, meeting in Washington, D.C.

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's requirements.
However, it does not constitute a legal interpretation, and it is
not binding on the Department.

At that meeting, representatives from Maytag asked: (1) how

to distinguish fixed from free-standing washing machines under
the Americans with Disabilities Act ("ADA"); (2) whether washing
machine drums are operating mechanisms subject to ADA reach range
requirements; and (3) the number of accessible washing machines
required in new construction under title III of the ADA and the
Uniform Federal Accessibility Standards ("UFAS").

The ADA Standards for Accessible Design ("Standards")

prescribe specific accessibility requirements for new
construction and alteration of facilities covered by title III of
the ADA. As our previous letter indicated, those requirements
apply only to equipment that is fixed or built into the structure
of the building, not to machines that are free-standing. Some
examples of fixed equipment are: machines that are bolted to
floors or walls, machines connected to building plumbing systems
with rigid pipe (rather than flexible tubing), and machines that
require connection by professional installation.

cc: Records, Chrono, Wodatch, Bowen, Breen, Blizard, Novich,

FOIA, MAF
Udd:Novich:Congress:Gran
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According to the Standards, fixed equipment must meet ADA
requirements for controls and operating mechanisms. Section 4.27
of the Standards requires that "the highest operable part of
controls, dispensers, receptacles and other operable equipment"
meet reach range requirements specified in section 4.2 of the
Standards. "Operable part" is defined in section 3.5 of the
Standards as:

A part of a piece of equipment or appliance used to

insert or withdraw objects or to activate, deactivate,
or adjust the equipment or appliance (for example, coin
slot, pushbutton, handle).

Operable parts of washing machines, which must meet ADA

reach range requirements, are, for example, coin slots, machine
on/off buttons, and cycle control buttons. The lids or doors
into washing machine drums are also operable parts which must
meet ADA reach range requirements, although the drums themselves,
which do not fall squarely within the above definition of
"operable part," should not be required to meet ADA reach ranges.
Thus, a washing machine in which the bottom or back of the drum
exceeds ADA reach range requirements does not appear to violate
the Standards, as long as the lid, door, or other opening of the
drum meets the reach range requirements.

Front-loading machines may be preferable for persons who use

wheelchairs, because, even if a person cannot reach the back of
the drum, he or she can at least see whether any articles of
clothing have lodged there and need to be retrieved by
alternative means. Most top-loading machines, including those
that meet ADA reach range requirements, do not allow a person in
a wheelchair to see the bottom of the drum.

The ADA Standards specify the number of accessible washing

machines required in new construction and alteration of transient
lodging in homeless shelters, halfway houses, transient group
homes, and other social service establishments (see Standards
9.5.2), but the Standards provide no similar scoping requirement
for washing machines in other places of public accommodation. If
the Standards provide no applicable scoping requirements, then a
reasonable number, but at least one, in each common use laundry
area, must be accessible. In determining what a reasonable
number is, consideration should be given to the type of facility
that will house the machines and the likely demand for accessible
machines.

As mentioned in our previous letter, the proposed ADA

guidelines for residential units covered by title II specify that
at least one washing machine in any accessible dwelling unit or
in a common use laundry facility serving one or more accessible
dwelling units must be front-loading, and must meet other
requirements from the Standards for controls. In contrast, under
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UFAS, all washing machines provided within individual accessible

dwelling units, or within common use laundry rooms that serve
accessible dwelling units, must be front-loading. See proposed
title II guidelines and preamble, S 13.3.5, at pages 60663 and
60639, and UFAS SS 4.34.7, 4.34.7.2, both of which were sent with
our previous letter.

Please keep in mind the discussion in our previous letter

describing the additional accessibility requirements that apply
to the use of washing machines in places of public accommodation
under sections 36.201 and 36.202 of the regulation promulgated
under title III.

I hope this information is helpful to your company.

Sincerely,

John L. Wodatch
Chief
Public Access Section
cc: The Honorable Charles E. Grassley

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