U.S.

Department of Justice
Civil Rights Division
DJ# 181-06-0005
Coordination and Review Section
P.O. Box 66118
Washington, D.C. 20035-6118

APR 21 1992

Daniel L. Bart, Esq.

Senior Attorney
GTE Service Corporation
1850 M Street, N.W.
Suite 1200
Washington, D.C. 20036

Dear Mr. Bart:

This is in response to your letter requesting a "Declaratory

Ruling" from the Department of Justice that "telecommunications
equipment spaces, designed to be non-occupiable and frequented by
service personnel for repair or maintenance fit the functional
criteria for the General Exception of Section 4.1.1(5)(b)" of the
Americans with Disabilities Act Accessibility Guidelines (ADAAG).

The ADA authorizes this Department to provide technical

assistance to entities that are subject to title III. This
letter provides informal guidance to assist you in understanding
how the ADA accessibility standards may apply to specific
situations. However, this technical assistance does not
constitute a determination by the Department of Justice of rights
or responsibilities under the ADA and does not constitute a
binding determination by the Department of Justice.

Section 4.1.1(5)(b) of ADAAG provides that "[a]ccessibility

is not required . . . in non-occupiable spaces accessed only by
ladders, catwalks, crawl spaces, very narrow passageways, or
freight (non-passenger) elevators, and frequented only by service
personnel for repair purposes . . . ." Thus, telecommunications
equipment spaces that are entered or approached by one of the

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limited means of access described in this section are not

required to comply with the guidelines. However, all other
telecommunications equipment spaces (i.e., those accessed by
other means) are not exempt and must comply with the requirements
for work areas contained in section 4.1.1(3). That section
provides that:

Areas that are used only as employee work areas shall

be designed and constructed so that individuals with
disabilities can approach, enter, and exit the areas.
These guidelines do not require that any areas used
only as work areas be constructed to permit maneuvering
within the work area or be constructed or equipped
(i.e., with racks or shelves) to be accessible.

I hope that this information is helpful to you.

Sincerely,

Stewart B. Oneglia
Chief
Coordination & Review Section
Civil Rights Division

cc: Larry Roffee, Executive Director

Architectural and Transportation
Barriers Compliance Board

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