NOV 23 1993

The Honorable Dennis DeConcini

United States Senate
328 Hart Senate Office Building
Washington, D.C. 20510

Dear Senator DeConcini:

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

constituent, John McGuire, regarding interior signage in
buildings under the Americans with Disabilities Act (ADA).

Title III of the ADA applies to public accommodations and

commercial facilities. Title III has different technical
requirements for various types of building signs. These
requirements are set forth in the ADA Standards for Accessible
Design at 4.30. These Standards were adopted as Appendix A to
the title III implementing regulation. A copy of the regulation
and Appendix are enclosed. The technical requirements for
signage are also discussed in the enclosed Title III Technical
Assistance Manual, p. 59.

Signage meeting the technical requirements set forth in the

Standards is required in all newly constructed buildings, if
first occupancy is after January 26, 1993. See 36.401 of the
regulation and 4.1.3(16) of the Standards. In addition, each
element of a building that is altered must conform to the
standards where technically feasible if the alteration was
commenced after January 26, 1992. See 36.402 of the regulation
and 4.1.6 of the Standards.

For existing buildings not undergoing alterations, public

accommodations (but not commercial facilities) have an obligation
to remove architectural barriers to access and communication
barriers that are structural in nature where it is readily
achievable to do so. See 36.304 of the regulation. Replacing
non-conforming signage with new signage that complies with the
ADA technical standards may be readily achievable in some
circumstances.

cc: Records; Chrono; Wodatch; McDowney; Magagna; Johansen; FOIA;

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The ADA authorizes private individuals and the Attorney

General to file lawsuits to enforce title III. In private suits,
if the court finds a violation it may order injunctive relief to
make the necessary architectural changes to bring a building into
compliance and may award the prevailing plaintiff costs and
attorney's fees. In suits brought by the Attorney General, if
the court finds a violation it may order similar injunctive
relief and may also award compensatory damages to individuals
aggrieved by the violation and civil penalties of up to $50,000
for the first violation and $100,000 for subsequent violations.

We hope this information will assist you in responding to

your constituent.

Sincerely,

James P. Turner
Acting Assistant Attorney General
Civil Rights Division

Enclosures
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