The Honorable Jesse Helms

United States Senate

403 Dirksen Senate Office Building
Washington, D.C. 20510-3301

Dear Senator Helms:

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

constituent, Boyce B. Dobbins, concerning the application of the
Americans with Disabilities Act (ADA) to floor mats.

The ADA authorizes the Department of Justice to provide

technical assistance to individuals and entities with rights or
obligations under the Act. This letter provides informal
guidance to assist Mr. Dobbins in understanding the ADA.
However, this technical assistance does not constitute a legal
interpretation of the statute and it is not binding on the
Department.

The ADA Accessibility Guidelines (Guidelines) were issued by

the Department of Justice as one portion of the regulations
implementing title III of the ADA (enclosed). The Guidelines
apply only to the design, alteration, and new construction of
buildings and facilities, not to movable furniture and equipment,
and not to existing facilities not undergoing alterations. If
floor mats are not actually built-in as a part of a building or
facility, they will not be subject to the provisions of the
Guidelines. However, if floor mats are built-in as part of new
construction or alterations, and are part of an accessible route,
they must comply with the Guidelines, particularly section 4.5.1
General (which requires that "Ground and floor surfaces . . .
shall be stable, firm, and slip resistant") and section 4.5.2
Changes in Level. Floor mats are not considered carpeting and,
therefore, are not subject to the requirements of section 4.5.3
of the Guidelines.
cc: Records; Chrono; Wodatch; Bowen; Lusher; FOIA; Friedlander.
:udd:bowen:cong.helms2
01-01528​
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In addition to circumstances in which the Guidelines will
apply to built-in floor mats, there may also be circumstances in
which different ADA requirements apply to floor mats that are not
built in. If movable floor mats impede access for people with
disabilities, they may need to be moved or removed under section
36.304 of the title III regulation. That section requires that a
public accommodation remove barriers in existing facilities where
removing them is "readily achievable," that is, easily
accomplishable and able to be carried out without much difficulty
or expense. Even though the requirements of the Guidelines would
not apply to the mats themselves, the Guidelines can provide
helpful guidance in ensuring that mats do not constitute
barriers.

I hope this information is helpful in responding to your

constituent.
Sincerely,
W. Lee Rawls
Assistant Attorney General
Enclosure
01-01529​
UNIFORM Rental Supply, Inc.
1400 Highway 64-70 S.W. * Post Office Box 3113
Hickory, North Carolina 28603 * Telephone 704-324-6775
1-800-635-1114
UNIFORMS - DUST MOPS - WIPING TOWELS - WALK-OFF MATS
Satisfied Customers Are Building Our Business
August 13, 1992
The Honorable Jesse Helms
UNITED STATES SENATE
Washington, DC 20510
Dear Senator Helms:
I am writing on behalf of myself and numerous other North
Carolina businesses regarding the applicability of the Americans
with Disabilities Act (ADA) to mats manufactured and rented to
commercial and industrial users. We urgently need written
clarification on this matter.
Over the past few months, many members of our industry have been
told by their customers that various ADA compliance experts have
advised them that mats do not meet the specifications of the ADA
Accessibility Guidelines (ADAAG). Specifically, at training
seminars and through newsletters like the one I have enclosed,
these experts have advised that the use of mats could violate
ADDAG's Section 4.5.3, which requires that "carpet" be "securely
attached" and "fastened to floor surfaces."
As a result of this advice, and without any policy
interpretation to the contrary, many commercial, retail, and
industrial customers have canceled their rental agreements or
purchase orders for mats, fearing the prospect of finding
themselves out of compliance with the ADA. Unless countered, this
incorrect interpretation of the ADA could cause severe economic
harm to the entire mat manufacturing and supply industry.
Mats are not carpets and, for the purposes of Section 4.5.3,
ought not to be treated as such. Instead, assuming mats are
intended to be covered by ADAAG at all, they ought to be subject
only to the general provisions of Sections 4.5.1 and 4.5.2, which
relate to "Ground and Floor Surfaces."
Section 4.5.1 requires that ground and floor surfaces be
"stable, firm [and] slip-resistant," which of course are the very
properties that characterize mats. If anything, installing mats -
- rather than posing a barrier to the disabled and raising
questions of compliance with the ADA -- is one of the easiest and
01-01530​
The Honorable Jesse Helms August 13, 1992
(2)
least expensive things that retail, commercial, and industrial
establishments can do to make their places of business more
accessible, particularly to those who are ambulatorily disabled.
Whatever assistance you could render as soon as possible would
be greatly appreciated. Quite obviously, the longer this incorrect
application of the ADA to mats is allowed to continue, the greater
the damage will be to mat manufacturers and suppliers in North
Carolina and elsewhere.
Thank you very much for your attention to this matter.
Sincerely yours,
BOYCE B. DOBBINS
President
North Carolina Association
of Textile Services
01-01531​
We recently wrote this for
our bank newletter. We
feel everyone may benefit
from this information.
HORTON
Gary Rosenhamer, CIC, CPCU
INSURANCE AGENCY, INC.
New ADA Legislation Takes Effect
The Americans with Disabilities Act (ADA) officially took effect
January 26, 1992. The first phase of the law applies to public accommodations
and governmental agencies. These include restaurants, theaters, offices,
supermarkets, retailers, museums, schools and BANKS. The ADA guarantees an
estimated 13 million disabled Americans equal access to business and fair
hiring privileges.
By 1993, the ADA will extend to telecommunications and transportation.
Generally, the law requires compliance in two areas: all physical barriers
must be removed or altered to enable free access; communication aids must be
provided for people with hearing, vision or speech impairments.
Obviously, strict compliance with such broad generalities will be
difficult and could be costly. Alterations could range from cutting a
curb to constructing a new building. Here are some tips that can be
inexpensively implemented:
* Re-arrange furniture, vending machines and equipment.
* Add raised Braille lettering in elevators.
* Post directional signage.
* Remove loose rugs and door mats.
* Install paper cup dispenser beside and otherwise
inaccessible water fountain.
* Rewrite job descriptions for disabled employees.
* Hire a part-time employee or student to assist
disabled customers or provide "curb service"
banking.
* Have one of your employees learn sign
language.
* Remove crowd control ropes and
dividers in front of teller windows.
* Check building codes revisions
before you plan new construction.
* Install ramps around steps.
* Make your landlord aware of the law. Owners are normally responsible for
building compliance.
* Install offset hinges to widen doors.
* Install grab bars in bathrooms.
* Provide adequate handicapped parking spaces, including van access areas.
* Provide a portable table as counter desktop for wheelchair accommodations.
* Change door hardware to met new ADA specifications.
* Remove pay phones.
* Post emergency exit routes.
* Make all employees aware of the law.
These are just a few of the many factors any business should
consider when reviewing this new law. At the HORTON
INSURANCE AGENCY, we realize the effect new legislation
may have on bottom lines. We have a professionally staffed
risk management department capable of assisting your
bank with customer safety and employee training. The
law is untested at this time, but it has already facilitated
litigation discrimination. Most of the recommenda-
tions above are less costly then defending against
such litigation.

For more details, order this free brochure:

"ADA" COMPLIANCE
U.S. Department of Justice
P.O. Box 66118
Washington, D.C. 20035-6118
01-01532