I am the President of a fraternity house corporation
planning the immediate construction of a house (not a public
facility) for a chapter of this fraternity.  This house will
be built on college campus land owned by the college.

     Differing opinions as to the required compliance with
handicap laws have been received.  Your prompt ruling would
be appreciated as there are no local federal or state
agencies to contact.

     A two-story house for 27 male occupants is planned with
a roof support configuration that would permit possible
future use for a study hall and weekly chapter meetings - no
bedrooms or restrooms - in the attic area.  Handicap
requirements (ramp, door and corridor widths, and restroom
facilities for residents and female guests at social
functions) will be met on the first floor.  Currently there
are no handicapped members, but there may be in the future.
Meetings will be held on the first floor and occupants will
study in their rooms.

     Local opinions range as follows:

     1. Fraternity houses are not public accommodations and
are therefore exempt from handicap requirements regardless
of possible future handicap membership (none now).

     2. If the attic area is finished in the future for use
as a study hall and for chapter meetings, and IF there is a
hadicapped member, chapter meetings would have to be held on
the first floor, but the attic area could still be used as a
study hall and the handicapped member (if a resident) could
study in his room as is the case initially.

     3. Regardless of handicapped membership, handicap
access to the attic area is required if this area is
utilized as a study hall or meeting room.

     I may be contacted by phone (office):1-800-967-5650 or
601/969-0717 or by mail: P.O. Box 445, Jackson, MS  39205 or
FAX 601-961-5958 should further information or discussion be
required.
                                                        
                              Sincerely,
                                             
                                                                    
                                             
                              Richard G. Wilkinson                  

01-03018