T.

6-17-93

Control No. X93052009925

The Honorable Ike Skelton

Member, U.S. House of Representatives
4th District
514 B North 7 Highway
Blue Springs, Missouri 64014

Dear Congressman Skelton:

This letter is in response to your inquiry on behalf of your

constituent, Mr. W.E. Olson, Sr., concerning the requirements of
title III of the Americans with Disabilities Act (ADA), 42 U.S.C.
​ 12101 et seq., and this Department's regulation implementing
title III, 28 C.F.R. Part 35.

Mr. Olson wrote to the Department of Justice on September 29

and December 1, 1992, asking, among other things, for interpreta-
tions of the ADA requirements for the design and construction of
accessible plumbing elements. Following Mr. Olson's second
letter, the Civil Rights Division's Public Access Section
convened a meeting at which Mr. Olson (and other plumbing
industry representatives selected by Mr. Olson) met with senior
staff members to discuss the issues raised in Mr. Olson's
letters. Section staff promised to confirm the discussions at
the meeting with a written response. This response was sent
recently to Mr. Olson. A copy is enclosed for your information.
We regret the delay in sending this response.

When Mr. Olson initially requested interpretations of the

ADA requirements from this Department, we assumed that he was
merely seeking clarification of the standards for accessible
design. Because the ADA authorizes the Department of Justice to
provide technical assistance to individuals and entities that
have rights or responsibilities under the Act, we offered to meet
with Mr. Olson and the other industry representatives to address
plumbing manufacturers' concerns. The technical assistance that
we provided at that meeting and in our subsequent response to
Mr. Olson's letters is informal guidance, not a legal interpreta-
tion by the Department, and it is not binding on the Department

Over the course of time, it has become clear to us That

Mr. Olson is not seeking an explanation of the rule. His true
concern is that some of the products he manufactures may not
conform to the rule's specifications and therefore could not be

cc: Records, Chrono, Wodatch, Blizard, McDowney FOIA

Friedlander
n:\udd\mercado\congltrs\skelton.jlb
01-02436

-2-

installed in buildings subject to the Act. Therefore, he wants

the Department of Justice to issue an "interpretation" of the ADA
standards that will permit covered entities (e.g., building
owners and contractors) to continue to install, as" accessible,"
products that do not comply with the ADA regulation. Neither the
ADA nor the Administrative Procedure Act permit the Department to
modify a regulation in this manner.

The ADA, like other Federal civil rights laws, is enforced

through compliance reviews, complaint investigations, and
litigation initiated by the Department of Justice. (It may also
be enforced through litigation initiated by private parties.)
The ADA does not authorize the Department of Justice, or any
other Federal agency, to function as a "building department" to
review plans, to issue permits, or to provide "interpretations"
of the standards. The ADA, like all other Federal civil rights
laws, requires each covered entity to use its best professional
judgment to comply with the applicable regulations.

The Administrative Procedure Act, which establishes the

formal requirements for issuing Federal regulations, requires
amendments to regulations to comply with the same procedures as
the initial publication. That is, proposed changes must be made
through a rulemaking proceeding that includes public notice, the
opportunity for public comment, and the completion of any
revisions to the proposal that are deemed to be required after
public comment.

We have informed Mr. Olson, and others in the plumbing

industry, that the appropriate means of seeking changes in the
ADA requirements is to address a petition for further rulemaking
to the Architectural and Transportation Barriers Compliance Board
(Access Board), which is the Federal agency designated by the ADA
to develop the guidelines for the accessible design of buildings
and facilities subject to the ADA. The Department of Justice is
required by the ADA to adopt enforceable standards that are
consistent with the Access Board's guidelines.

I hope that this information is helpful to you in responding

to your constituent.

Sincerely,

James P. Turner
Acting Assistant Attorney General
Civil Rights Division
Enclosure

01-02437
CRANE April 27, 1993
PLUMBING via facsimile to 1-816-228-4814

FIAT
PRODUCTS

Congressman Skelton
514 B N. 7 HWY.
Blue Springs, MO 64014

Reference: ADA/DOJ Interpretation Requests

Dear Congressman Skelton:

I would like to request your help in securing interpretations from the

ADA Access Board and/or DOJ in regards to the ADA ("Americans with
Disabilities Act").

The following pages cover my attempts to deal directly with the ADA-
Access Board and the Dept. of Justice (DOJ) in trying to resolve these
areas.

The areas of concern apply to plumbing fixtures which we manufacture at

various locations all over the country.

The whole plumbing fixture industry is in a state of confusion because

of the different interpretations that are being given by various agencies
(i.e.: federal, state, regional, municipalities, etc.) on the same ADA
Law verbage.

The way the ADA is currently being strictly interpreted there is not a
premanufactured (acrylic/gel-coat) shower stall that meets the ADA.

Also the ADA-Access Board nor DOJ will answer the question of whether
they will accept the revised CABO/ANST A117.1-1992 standard entitled
"American National Standard for Accessible and Usable Buildings and
Facilities." The ADA-Access Board was on the Committee that revised the
CABO/ANSI A117.1-1992 which was published in December 1992. Some of my
questions would be answered by ADA/DOJ accepting the verbage contained in
the new CABO/ANSI A117.1.

All of the pre-March 10, 1992 information was sent to or hand delivered
or both to both the ADA-Access Board and the Dept. of Justice. The first
letter written was acknowledged by the DOJ and they had promised to respond
"expeditiously." I feel that answers to my letters should not take (7)
seven months much less after seven months not even to know when you will
receive an answer.
(Continued Page 2)

CR/PL, INC
P.O. Box 389
Nevada, MO. 64772
417-667-6048
01-02438
I. Skelton
4-28-93
Page 2 of 2

If further information is needed or questions arise on the above,

please let me know.

Thank you.

Sincerely,

CR/PL, L.P.
W. E. Olson, Sr.
Engineering Supervisor

WEO/nc

cc: R. L. Beidler - Evanston

R. L. Klaess - Evanston
M. Klimboff - Cincinnati
P. L. Thompson - Somerset

(Attachmt. 16 pg.)
01-02439​

3-10-93 - Called John Murdoch 1-202-272-5434 ext. 733- received

answering machine - left message to return my call.

3-10-93 - Faxed Mr. Murdoch my 3-10-93 letter. - Received call from Mr.
Murdoch and talked from 4:20 pm to 4:45 p.m. about areas of concern in
my letters. Both to work for another ADA/DOJ and Plumbing Industry
Meeting.

3-12-93 - Called Mr. Murdoch - received answering machine 2:15 PM and

left message to return my call.

3-15-93 - 12:48 PM - Talked with Mr. Murdoch - he is still trying to

set up meeting during first week of April.

3-18-93 - Received call from Mr. Murdoch - he is still trying to set up

meeting.

3-26-93 - Received call from Mr. Murdoch - I was on vacation.

3-29-93 - Called Mr. Murdoch - received answering machine - left

message for him to return my call.

3-30-93 - Received call from Mr. Murdoch - he stated that Ms. Irene
Bowen of DOJ, according to his boss Mr. David Capozzi of ADA, was to
respond to my 9-17 and 9-29-92 letters - no time table was given. No
meeting date could be set until letter was sent to DOJ. Send Mr.
Murdoch a copy of ANSI Z124.2.

4-19-93 - Called Mr. Murdoch - received answering machine - left

message for him to return my call.

4-23-93 - Called DOJ - left messages for Ms. Irene Bowen and Mr. John
Wodatch to return my call.

4-27-93 - Called Ms. Irene Bowen - left message to return my call.

4-27-93 - Received call from Ms. Janet Blizard - DOJ stating answer to
my letters were in review - could not give any idea of when - I
received impression that no letter was being written.

4-27-93 - Called Mr. Murdoch - received answering machine - left

message to return my call.

4-27-93 - Called Mr. David M. Capozzi of ADA-Access Board 1-202-272-

5434 ext. #722 - not there - left message to return my call.

01-02440