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DJ 202-PL-260

APR 27 1993

(b)(6)
Boynton Beach, Florida 33435

Dear XX

This letter responds to your inquiry regarding the


application of title III of the Americans with Disabilities Act
(ADA) to the provision of biohazardous waste containment systems
at hotels.

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 or legal
advice, and it is not binding on the Department of Justice.

Your letter asks about the responsibility of hotels to


provide Sharps Containment Systems for use by persons with
diabetes. Your question raises a number of issues under the
Department of Justice's regulation implementing title III of the
ADA (enclosed).

Under section 36.202 of the title III regulation, public


accommodations, including hotels or motels, are required to
provide individuals with disabilities with an equal opportunity
to enjoy the services that they offer. Housekeeping services,
including garbage disposal, are among the services traditionally
provided by places of lodging.

Places of lodging are not required by Occupational Health


and Safety Administration regulations to utilize biohazardous
waste systems in garbage disposal, although use of such systems
may be advisable. Because the use of biohazardous waste
containment systems in the hotel setting is optional, the failure
to provide such systems does not exclude individuals with
disabilities from equal access to the enjoyment of lodging
services. Thus, section 36.202 of the ADA title III regulation
does not require hotels to provide such systems.

cc: Records, Chrono, Wodatch, Breen, Novich, FOIA


Udd:Flynnsm:policy:sharps.let

01-02021

-2-

Moreover, under section 36.302 of the title III regulation,


places of lodging must make reasonable modifications in policies,
practices, and procedures when such modifications are necessary
to afford the goods or services of the place of lodging to an
individual with a disability. As stated above, although the use
of biohazardous waste disposal systems may be advisable in
hotels, it is not required by law. Modifications of waste
disposal policies to provide Sharps containment systems at places
of lodging are not required by section 36.302, then, because such
systems are not necessary to afford lodging services to persons
with disabilities.

I hope this information is useful to you in understanding


the requirements of the ADA.

Sincerely,

John L. Wodatch
Chief
Public Access Section

Enclosures (2)
Title III Technical Assistance Manual
Title III Regulation
01-02022