12-8-93

DJ XX
DEC 9 1993

Mr. James T. Moll, AIA

Assistant Vice President
T. Rogvoy Associates, Inc.
6735 Telegraph Road, Suite 300
Bloomfield Hills, Michigan 48301

Dear Mr. Moll:

I am responding to your letter asking if title III of the

Americans with Disabilities Act (ADA) requires a newly
constructed sales establishment to provide elevator access to a
mezzanine that houses employee offices and storage space.

The ADA authorizes the Department of Justice to provide

technical assistance to individuals and entities that have rights
or responsibilities under the Act. This letter provides informal
guidance to assist you in understanding the ADA and the
Department's regulation. However, this technical assistance is
not a legal interpretation of the statute, and it is not binding
on the Department.

To determine if elevator access to a mezzanine in a specific

building is required, you must look to the requirement that
applies to the building in which the mezzanine is located. In
new construction and alterations, title III generally requires
that at least one accessible passenger elevator serve each level
of a multistory building. However, there is an exception to this
general rule. Elevators are not required in facilities that are
less than three stories or have fewer than 3000 square feet per
story, unless the building is a shopping center or mall; the
professional office of a health care provider; a public transit
station; or an airport passenger terminal.

Your letter specifies that the sales establishment in

question is less than three stories in height but is located in a
shopping center. Therefore, to determine if the elevator
exemption applies, you must look to Section 3.5 of the ADA
Standards for Accessible Design (Appendix A to the enclosed
regulation) which defines a "story" as:

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

n:\udd\blizard\adaltrs moll

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That portion of a building included between the upper

surface of a floor and upper surface of the floor or
roof next above. If such portion of a building does
not include occupiable space, it is not considered a
story for purposes of these guidelines. There may be
more than one floor level within a story as in the case
of a mezzanine or mezzanines.

A mezzanine, defined as "that portion of a story which is an

intermediate floor level placed within the story and having
occupiable space above and below its floor," is not considered a
"story" for the purpose of determining if an elevator is required.

A single-story building (with or without a mezzanine) is

never required to install an elevator. A two-story building that
is part of a shopping center or mall is required to install an
elevator to provide access to each floor level occupied by a
"sales establishment." The term "sales establishment" encompasses
all aspects of the business operation, not merely the areas within
the facility dedicated to the display or sale of goods.
Therefore, the fact that a mezzanine within a sales establishment
is not used to sell or display merchandise is not relevant to the
application of the elevator requirements. If the sales facility
is required to install an elevator, the elevator must connect all
levels of the facility, including the mezzanine.

For your reference, I am enclosing a copy of this

Department's regulation implementing title III of the ADA and the
Title III Technical Assistance Manual. I hope that this
information is helpful to you.

Sincerely,
 John L. Wodatch
Chief
Public Access Section

Enclosures

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