DJ 202-PL-790

MAY 3 1994

Craig Nishimura
Building Department
City and County of Honolulu
650 South King Street
Honolulu, HI 96813

Dear Mr. Nishimura:

I am writing in response to your letter regarding the new

construction of the Campbell Industrial Park Fire Station and
Aikahi Fire Station projects.

The Americans with Disabilities Act (ADA) authorizes the

Department of Justice to provide technical assistance to
individuals and entities having rights or obligations under the
Act. The Department does not review designs or drawings for
compliance with the ADA. This letter provides informal guidance
to assist you in understanding the ADA's requirements. However,
it does not constitute a legal interpretation, and it is not
binding on the Department.

Title II of the ADA requires all new facilities constructed

by, on behalf of, or for the use of a public entity to be
designed and constructed to be "readily accessible to and usable
by individuals with disabilities." Title II permits public
entities to choose either of two design standards -- the Uniform
Federal Accessibility Standards (UFAS) or the Americans with
Disabilities Act Accessibility Guidelines for Buildings and
Facilities (ADAAG). Your letter indicates that the Honolulu Fire
Department has selected UFAS as it design standard for the
facilities in question.

In a new facility, UFAS must be met in all areas for which

the intended use will require public access or which "may result
in employment ... of physically handicapped persons" UFAS
4.1.4(7). Your letter states that "all operational areas of the
station are intended for fire fighters use only and will be
restricted." Your letter further states that persons with
disabilities "obviously cannot be hired for fire fighting
positions." The letter describes the restricted areas, not open

cc: Records, Chrono, Wodatch, Magagna, Justesen, MAF, FOIA

udd\justesen\nishimur

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to public access, to include "kitchens, dorms, fire fighters and

officers bathroom/shower facilities, storage areas, laundry,
decontamination room, library, physical training areas, work
room, meeting room, generator room, etc." Accordingly, you
believe that UFAS Section 4.1.4(7) authorizes the exemption of
the "restricted areas" from the accessibility standards.

This analysis is not necessarily correct for all of the

areas mentioned, even if the fire department could establish that
it is lawful under the employment requirements of titles I and II
of the ADA to exclude persons with certain types of physical
disabilities from firefighter positions. For example, other
employees, such as those responsible for cooking, cleaning,
laundry, maintenance, and clerical tasks, may be permitted in
some or all of the areas in question and it is not likely that
the department could demonstrate that persons with physical
disabilities are lawfully excluded from those types of positions.
Supervisory personnel and city officials may also have access to
such areas. Accordingly, such areas of a new facility should be
constructed to meet UFAS.

I hope this information is of help to you. In the future if

you need assistance, the Department maintains a telephone
information line to provide technical assistance regarding the
rights and obligations of individuals, businesses, agencies, and
others covered or protected by the ADA. This technical
assistance is available by calling 800-514-0301 (voice) or 800-
514-0383 (TDD). Use of the information line will ensure a more
timely response to questions.

Sincerely,
 John L. Wodatch
Chief
Public Access Section

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