1994 TAS

In the 1994 TAS, the standards read:

5.1* General.

(1) Except as specified or modified in this section, restaurants and cafeterias, including snack bars and other areas for obtaining or consuming food or drink, shall comply with the requirements of 4.1 to 4.35. Where fixed tables (or dining counters where food is consumed but there is no service) are provided, at least 5 percent, but not less than one, of the fixed tables (or a portion of the dining counter) shall be accessible and shall comply with 4.32 as required in 4.1.3(18)….

5.2 Counters and Bars. Where food or drink is served at counters exceeding 34 inches in height for consumption by customers seated on stools or standing at the counter, a portion of the main counter which is 60 inches in length minimum shall be provided in compliance with 4.32 or service shall be available at accessible tables within the same area.

As you can see, this section clearly applies to fixed tables, counters and bars where food is consumed.

Section 7 of the 1994 TAS applies to sales and service counters in “all areas used for business or other transactions with the public”, which would seem to include areas meeting this criteria in a restaurant or similar establishment.

It seems reasonable to interpret that counters in a restaurant where food is consumed must comply with Section 5 (and Section 32), but a counter in a restaurant used for business or other transactions would fall under Section 7.  However, TDLR has consistently applied the requirements in Section 5 (requiring a 34″ maximum height AFF) to ALL counters in a restaurant or similar establishment, including the checkout counter.

In TDLR’s defense, their hands appear to be tied by the particular wording of the Standards.  Section 5.1 specifically mentions compliance with Sections 4.1 through 4.35 but doesn’t include a reference to TAS Section 7.  Likewise, TAS Section 7 identifies numerous types and applications of counters, but never explicitly mentions sales and service counters in a restaurant.  TDLR may not have felt it had the authority to apply Section 7 to restaurant sales & service counters based on the language in the Standards.

Since the 1994 TAS is based on the 1991 ADAAG, here’s an interesting twist:  In 2002, the Access Board (the federal agency which develops the ADAAG), actually updated Section 7 so it now reads like this:

7.2 Sales and Service Counters, Teller Windows, Information Counters.

(1) In areas used for transactions where counters have cash registers and are provided for sales or distribution of goods or services to the public, at least one of each type shall have a portion of the counter which is at least 36 in (915mm) in length with a maximum height of 36 in (915 mm) above the finish floor. It shall be on an accessible route complying with 4.3. Such counters shall include, but are not limited to, counters in retail stores, and distribution centers…

As you can see, the limiting reference to “department stores and miscellaneous retail stores” in 7.2(1) is gone, and both 7.2(1) and 7.2(2) contain the ubiquitous phrase “including, but not limited to”.  This opens up the possibility that Section 7 can be applied to sales & service counters (both with and without cash registers) in a restaurant.

[I mention all of this regarding the 1994 Standards because there are still many ongoing projects that were designed under the old standards and must still comply with them.]

2012 TAS

The 2012 TAS eliminates all of this ambiguity by removing both the Restaurant & Cafeteria and the Business & Mercantile sections completely.  In fact, the words “business” and “retail” are not even found in the 2012 TAS, and only a passing reference to “mercantile” is found in relationship to residential dwelling units.  Chapter 9: Built In Elements of the 2012 TAS includes separate requirements for Dining & Work Surfaces and for Sales & Service Counters.  As far as table and counter heights go, the Dining & Work Surfaces provisions require counters to be between 28″ and 34″ AFF, while the Sales & Service provisions require counters to be 36″ max AFF.

The advisory notes for Sales & Service counters in the equivalent section of ANSI A117.1 (2003) do a good job of clarifying this  requirement:

This section addresses all types of sales and service counters where transactions take place at or over the counter. The key is how the customer is expected to interact with the employee at that counter, or if they are expected to access items themselves. Examples are a checkout counter in grocery stores, counters for pick-up such as a drycleaner, reception counters at the front of an office, car rental and airline counters in airports, counters used for viewing merchandise, fast food ordering counters, cafeteria lines, etc.

Bottom Line

If you are designing a building under the 2012 Standards that includes a restaurant or cafeteria, you can now differentiate between the heights of tables & counters used for dining (28 t 34″ AFF) and those used as sales & service counters (36″ AFF).

Final thought: if a table or counter is used for consuming food, it is a dining table.  If the counter is used to hand items to customers, such as a “to-go” counter, it is a Sales & Service transaction counter (even if the items being handed back and forth happen to be food).

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First, installing lifts and the other associated modifications to swimming pools is neither cheap nor simple. That is why the regulations have always (and still do!) apply the doctrine of “readily achievable barrier removal” to barriers identified in facilities owned by private entities (facilities owned by public entities, such as schools or local municipalities are addressed at the end of this post).

NOTHING in the new 2010 ADA Standards for Accessible Design has increased or decreased the law’s expectation that barriers be removed where doing so is readily achievable. The only thing the 2010 ADA Standards do in regards to swimming pools is more explicitly define what a barrier is. The general requirement that persons with disabilities have equal access to swimming pools in places of public accommodation has ALWAYS been a part of the Standards. Problem was that the 1991 Standards did not explicitly scope lifts or accessibility in general at pools, nor did the ADAAG have a specific design and construction criteria defining an “accessible” lift. [Same situation for playgrounds & playground equipment.]

In the past, when the question arose about the extent to which the owner of a place of public accommodation with a pool had to provide access (i.e, lifts, no lift etc.), it required the courts to settle the matter.

With the 2010 Standards there is no doubt about what is required in new construction, and no doubt about what is required for a pool to be considered “accessible” under the ADA. Any existing pool that does not meet the 2010 Standards is, simply stated, not “accessible”.

Does this mean that every existing pool must have a lift installed by March 15th, 2012 (or wherever the extension date ends up being)? NO!!!!

It requires exactly what the ADA has required all along: remove barriers where doing so is readily achievable. The only difference in the case of lifts at pools is that before March 15th, not having a lift did not violate the Standards (because there were no specific standards for lifts). After March 15, a number of new items were added to the list of things that constitute a barrier in the Standards, of which pool lifts are one.

Since barrier removal is an ongoing obligation, places of public accommodation must now determine if they have any of these “newly defined” barriers, and if they do, then determine whether it is readily achievable to remove that barrier.

The mandate is NOT to immediately install a lift or be in violation of the ADA. The mandate is to install a lift as expeditiously as possible if doing so is readily achievable. If not, provide alternatives until installing a lift is readily achievable.

Remember also the definition of readily achievable: “easily accomplishable and able to be carried out without much difficulty or expense.” That’s why I call bunko on the Senate and their letter. If it is easily accomplishable and able to be carried out without much difficulty or expense for a hotel to install a lift at a pool, they should do it expeditiously! Their customers will applaud them and their business will increase. If it is not readily achievable, then there is no need to cry wolf! The ADA already provides relief.

For some, installation will be immediate. For others, it will be down the road a spell. Both will be in full compliance with the ADA.

Texas Accessibility Standards The TAS is essentially identical to the 2004 ADAAG with respect to the requirements for pools. However, Texas does not have a “readily achievable” standard in the civil rights laws that govern accessibility. To view these, you must review the Texas Architectural Barriers Act (construction driven) and the Texas Human Resources Code (Chapter 121) which covers nondiscrimination for both private and public entities.

Public Enties (public school systems, local municipalities etc.) do not fall under the readily achievable paradigm. They must make “programs, services and activities” accessible when viewed in their entirety unless doing so is an “undue burden”. This is a comparatively higher standard than the “readily achievable” standard and means that pubic entities should re-visit their ADA Transition Plans and add this issue (along with playgrounds) to their plan for achieving program access.

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If you have any questions about the new requirements in the 2010 ADA Standards or 2012 Texas Accessibility Standards, please contact me at (713) 975-1029. If you are a public entity and have questions about updating your ADA Transition Plan, or a private entity with questions about readily achievable barrier removal, call me today to schedule a free consultation.

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The the DOJ and TDLR apply the new residential requirements in Sections 233 and 809 to the crew quarters used by emergency response personnel. Here is DOJ’s explanation:

The ADA does not exempt spaces because of a belief or policy that excludes persons with disabilities from certain work. However, the Department believes that crew quarters that are used exclusively as a residence by emergency response personnel and the kitchens and bathrooms exclusively serving those quarters are more like residential dwelling units and are therefore covered by the residential dwelling standards in the 2010 Standards, not the transient lodging standards.

Similarly, TDLR issued a Registered Accessibility Specialist Bulleting on April 16, 2012 clarifying their position:

TDLR RAS Bulletin 2012-04. Based on information received from the U.S. Access Board and commentary by the U.S. Department of Justice…:

Crew quarters that are used exclusively as a residence by emergency response personnel and the kitchens and bathrooms exclusively serving those quarters shall comply with the requirements of 233 (including 233.3.1) and 809 for residential facilities and residential dwelling units.

BATHROOMS & KITCHENS
In a nutshell, Section 233 requires that 5% but not less than one (which almost always boils down to “one”) of the bathrooms that exclusively serve the crew quarters must comply with the Standards. By implication, if separate bathrooms are provided for males and females, then one of each type would need to be accessible. Remember too that 100% of toilet and bathing rooms that do not exclusively serve crew areas must also be fully accessible.

Now, under the 1991 ADAAG and the 1994 TAS scoping requirements, Section 4.1.3 (11) allowed toilet rooms serving crew quarters to be “adaptable”:

If toilet rooms are provided, then each public and common use toilet room shall comply with 4.22. Other toilet rooms provided for the use of occupants of specific spaces (i.e., a private toilet room for the occupant of a private office) shall be adaptable. If bathing rooms are provided, then each public and common use bathroom shall comply with 4.23. Accessible toilet rooms and bathing facilities shall be on an accessible route.

The phrase “other toilet rooms for the use of occupants of “specific spaces” appears to have given room for DOJ to interpret an allowance for toilet rooms in the crew areas of fire departments to be “adaptable”. Similarly, the Texas Department of Licensing & Regulation’s Administrative Rules Section 68.104 regarding Fire Stations followed the same interpretation:

Architectural Barriers Administrative Rules 68.104. Elements, Spaces and Accessible Routes at Fire Stations. At fire stations, common use spaces and elements accessed exclusively by fire-fighting personnel or other emergency responders are only required to be adaptable. Additionally, at multi-level fire stations, levels accessed exclusively by fire-fighting personnel are not required to be served by an accessible route. Public spaces and elements within these facilities must comply with all applicable technical standards.

This section of the Administrative Rules has now been rescinded, and the new 2010 ADA Standards and 2012 TAS no longer use the blanket term “adaptable”. (Of course, the rescinded section is still applicable in Texas to projects permitted before March 15, 2012 (or for which construction began before March 15, 2012 if no permit was required).

But don’t lose heart! In the 2010 ADA Standards and 2012 TAS these “adaptability” exemptions are not gone altogether; they have simply been relocated to individual sections of the standards as “exceptions”. For example, there is an exception for grab bars at water closets allowing for just the reinforcement to be installed in walls; the grab bars can be installed later if required by an employee with a disability. Similar “exceptions” are found for water closet clear floor space, water closet seat heights, knee space under lavatories, sink heights in kitchens and at other elements.

ELEVATORS
Perhaps the biggest change under the new Texas standards regards elevators. As noted above, vertical access was exempted by the TDLR Administrative Rules, but under the new Standards, any building owned by a state or local government that has more than one story is no longer exempt from the requirement to provide an accessible route between floors. Unless a two-story fire station is owned by a private entity (homeowners association, volunteer non-profit association etc.), it must have an elevator or other means of accessible vertical access:

TDLR RAS Bulletin 2012-04. Multi-story buildings and facilities shall comply with the accessible route requirements of 206.2.3 unless exempted by 206.2.3 Exemption 2.

(Exemption 2 only applies to multi-story buildings where one story has an occupant load of 5 or fewer people.)

Also, don’t look to the Texas Architectural Barriers Act for an exemption, either. Although areas used exclusively for residential applications are exempted in the law, TDLR defines residential areas as those owned or rented by their occupants.

Texas Government Code Chapter 469.003(d). If any portion of a building described by Subsection (a)(1) is occupied solely for residential use and the remaining occupied portion of the building is occupied for nonresidential use, the executive director shall consider only the nonresidential portion of the building in determining whether the building complies with the standards and specifications adopted under this chapter.

OTHER REQUIREMENTS
Finally, let’s not forget that ALL other public or common use areas, elements, and spaces, including, but not limited to toilet rooms, parking areas, walkways, curb ramps, meeting and training rooms, conference rooms etc., are required to comply with applicable provisions of the new Standards. [For these areas, don't follow the advisory under Section 233 as the advisory was written with Social Service Center Establishments in mind, not fire stations.]

SUMMARY
Basically, the new federal and Texas standards require:

1. All toilet and bathing rooms must be fully accessible (except that certain fixtures in the toilet or bathing room exclusively serving the crew quarters can use the exceptions provided for residential applications).
2. The kitchen exclusively serving crew quarters must comply with the residential requirements for kitchens. Any other kitchens or break-rooms must be fully accessible.
3. All other common and public-use areas, elements or spaces must fully comply with the Standards.
4. Except for privately-owned fire stations, elevators are now required for all two-story fire stations unless one of the stories has an occupant load of 5 or fewer people and no common or public-use areas on that story.

Please post any comments in the “Leave a Comment” section of my blog at www.Kenotten.com.

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You can also follow me @kenotten on Twitter.

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In the first segment of this series, I dealt with the scoping requirements for toilet rooms. In the following segments, I will discuss the technical specifications for specific elements in toilet rooms insofar as they differ from the current ADAAG and TAS standards. These segments will each discuss one major element.

Finally, because some jurisdictions adopt IBC along with Chapter 11 (and by reference ANSI A117.1), I will also note where there may be differences between these codes and standards.
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Mirrors: Scoping

Almost all accessibility standards, codes and guidelines scope mirrors in the same manner. The 2010 ADA Standards and the 2012 TAS state:

213.3.5 Mirrors. Where mirrors are provided, at least one shall comply with 603.3.

IBC 2003, 2006 and 2009 echoe this requirement:

1109.2. At least one of each type of fixture, element, control or dispenser in each accessible toilet room and bathing facility shall be accessible.

Note that in each of the standards above, mirrors, per se, are not required in toilet rooms; however, if they are provided at least one must be accessible.

As in the 1994 TAS, the 2012 Texas Accessibility Standards further stipulate:

213.3.5. Accessible mirrors shall be provided at locations that are consistent with the location of other mirrors in the same room.

In other words, if you provide nonaccessible mirrors above lavatories, you can’t simply install an accessible full-length mirror on the wall in lieu of providing an accessible mirror above lavatories.

As a side note, instead of leaving well enough alone ANSI A117.1 (2009) oversteps its boundaries by sneaking in some new scoping of its own in 603.3:

Mirrors are not required over lavatories or counters if a mirror is located within the same toilet or bathing room and mounted with the bottom edge of the reflecting surface 35 inches maximum above the floor.

As you can see, this contradicts the 2012 TAS, making it pretty much irrelevant in Texas.

Unfortunately, I’ve discovered that the scoping and technical requirements for mirrors in each of these guidelines are limited to sections regarding toilet rooms. There is no scoping for mirrors outside of toilet rooms in the 2010 ADA Standards nor the 2012 TAS; neither are there scoping requirements in IBC 2003, 2006 or 2009 for mirrors above sinks, lavatories or counters in other types of rooms (like kitchens, classrooms and breakrooms, for example). While ANSI A117.1 (2003) includes the word “sinks” in Section 603.3, it is not a scoping document and nowhere actually specifies when and where mirrors above sinks are actually required. In practice, however, you should mount mirrors above sinks required to be accessible in compliance with the standards.
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Mirrors: Technical Requirements

In all of the standards, codes and guidelines noted above, accessible mirrors located above lavatories or countertops (and sinks) are required to be installed with the bottom edge of the reflecting surface 40 inches maximum above the finish floor or ground. Accessible mirrors not located above lavatories or countertops are generally required to be installed with the bottom edge of the reflecting surface 35 inches maximum above the finish floor or ground. An advisory in the 2010 ADA Standards and echoed in the 2012 TAS note when a single accessible full-length mirror is provided, the top edge of mirrors should be 74 inches minimum from the floor or ground to accommodate both people who are ambulatory and people who use wheelchairs. [See Section 603.3 in the 2010 ADA Standards, 2012 TAS, and all ANSI A117.1]
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Conclusion

Here is my personal “compliance plus” commentary on the subject. Mirrors are a relatively inexpensive fixture, but if you want to accommodate the most people for the money, install just one full-length mirror complying with these standards in the toilet room. If you want to place mirrors above lavatories, then you must provide an accessible mirror above the accessible lavatory. If that is the only mirror in the room, make sure the top of the reflective surface is at least 74 inches AFF. You can always install an accessible mirror above the accessible lavatory and another accessible full-length mirror on a wall.

Please post any comments you have on my blog at www.Kenotten.com in the “Leave A Reply” section at the end of the post.

In the next segment we’ll discuss lavatories!

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In the first segment of this series, I dealt with the scoping requirements of toilet rooms. In the following segments, I will discuss the technical specifications for specific elements in toilet rooms insofar as they differ from the current ADAAG and TAS standards. These segments will each discuss one major element.
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Doors to Toilet Rooms

Let me begin by noting that doors to toilet rooms must comply with all of the requirements for doors in general, including having level landings on both sides of the door; compliant maneuvering clearance on both sides of the door (specific to the direction of travel to the door and, in some cases, whether the door has a latch, closer or both); compliant clear opening width; compliant opening force and sweep periods if there is a closer; compliant hardware (including deadbolts and other locks); compliant thresholds; and compliant room designation signage.

Door Swings. In the current version of the ADAAG (and TAS), doors (entry doors, toilet compartment doors etc.) are not permitted to swing into the clear floor spaces for any fixture required to be accessible. In June of 2003, the Texas Department of Licensing and Regulation issued Technical Memo 03-02 allowing doors in single-user toilet rooms (and bathing rooms) to swing into required fixtures so long as there is a 30×48 clear floor space beyond the arc of the door swing.

This exception is derived from language in the new ADA/ABA Guidelines which still prohibit doors to swing into the clear floor space of a required fixture, but by exception what I have described above and another similar exception for private toilet rooms. Private toilet rooms (single occupant toilet rooms accessed only through a private office and not for common or public use) qualify for the exception noted above, and also for the following exception: a door can swing into the clear floor space of a required fixture if the door swing can be reversed in the future (consistent with the concept of “adaptability”). Once the door is reversed, it must meet all the requirements for accessible doors, cannot reduce the required width of an accessible route, and must not violate other building or life safety codes.

603.2.3 Door Swing. Doors shall not swing into the clear floor space or clearance required for any fixture. Doors shall be permitted to swing into the required turning space.

EXCEPTIONS: 1. Doors to a toilet room or bathing room for a single occupant accessed only through a private office and not for common use or public use shall be permitted to swing into the clear floor space or clearance provided the swing of the door can be reversed to comply with 603.2.3.

2. Where the toilet room or bathing room is for individual use and a clear floor space complying with 305.3 is provided within the room beyond the arc of the door swing, doors shall be permitted to swing into the clear floor space or clearance required for any fixture.

Advisory 603.2.3 Door Swing Exception 1. At the time the door is installed, and if the door swing is reversed in the future, the door must meet all the requirements specified in 404. Additionally, the door swing cannot reduce the required width of an accessible route. Also, avoid violating other building or life safety codes when the door swing is reversed.

Let me begin by saying that, even before the ADA/ABA standards become enforceable, incorporating some of the new requirements into design standards now (or at least having them at the ready) may be prudent.  In Texas, some of these differences may be reasonable bases for requesting variances.

This first segment will deal with scoping requirements, since these are generally what drive compliance.

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213.2 Toilet Rooms and Bathing Rooms. Where toilet rooms are provided, each toilet room shall comply with 603. Where bathing rooms are provided, each bathing room shall comply with 603.

EXCEPTIONS: 1. In alterations where it is technically infeasible to comply with 603, altering existing toilet or bathing rooms shall not be required where a single unisex toilet room or bathing room complying with 213.2.1 is provided and located in the same area and on the same floor as existing inaccessible toilet or bathing rooms.

The notable change here is that a single-user toilet room is now explicitly allowed during alterations in lieu of altering existing toilet rooms where doing so would be technically infeasible. The option is available so long as the single-user toilet room is on the same floor and in the same area as the existing nonaccessible toilet rooms. Of course, in Texas one will still need to secure a variance to do this, so we won’t see anything effectively changing at TDLR because of this exception. Please note though that this option is NOT available in new construction.

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213.2.1 Unisex (Single-Use or Family) Toilet and Unisex Bathing Rooms. Unisex toilet rooms shall contain not more than one lavatory, and two water closets without urinals or one water closet and one urinal. Unisex bathing rooms shall contain one shower or one shower and one bathtub, one lavatory, and one water closet. Doors to unisex toilet rooms and unisex bathing rooms shall have privacy latches.

We presume the logic behind defining Unisex toilet and bathing rooms by fixture count is to prevent owners from simply re-labeling existing multi-user toilet rooms as “Unisex” to avoid altering both toilet rooms in a pair, especially in light of the exception just noted in 213.2 above.  Plumbing code disallows a reduction in fixture count below current code requirements during alterations, so the tendency might be for some owners to leave all existing fixtures in place, claim technical infeasibility and alter only one of the toilet rooms, re-label it “Unisex” and thereby avoid the expense of making the second toilet room accessible.

Remember, Texas accessibility laws are far more proactive than those in most other states. The variance process in Texas makes it difficult for an owner to simply claim technical infeasibility, making this definition for us more academic than effectual.

This definition is also consequential in occupancies where plumbing code may only require one toilet room (for example, where the occupancy is under 15), or where plumbing code explicitly allows single-user toilet rooms (assembly and mercantile occupancies, for example).

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213.3.1 Toilet Compartments. Where toilet compartments are provided, at least one toilet compartment shall comply with 604.8.1. In addition to the compartment required to comply with 604.8.1, at least one compartment shall comply with 604.8.2 where six or more toilet compartments are provided, or where the combination of urinals and water closets totals six or more fixtures.

This change is huge. We are all familiar with the requirement to provide an ambulatory toilet compartment (by the way, stalls are now referred to as “compartments”) when the number of toilet compartments in a toilet room exceeds five, but now the basis for requiring an ambulatory compartment is when the combination of urinals and water closets exceeds five.

Consider the men’s toilet room with four urinals and two toilet compartments: in the new ADA/ABA, each of the toilet compartments would have to be accessible, one as a standard accessible compartment, and one as an ambulatory compartment. This is a change worth knowing if you are planning a large renovation and your building have multiple toilet rooms on each floor.

So, what exactly is a toilet compartment? The following Advisory clarifies this issue and offers some other helpful definitions.

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Advisory 213.3.1 Toilet Compartments. A toilet compartment is a partitioned space that is located within a toilet room, and that normally contains no more than one water closet. A toilet compartment may also contain a lavatory. A lavatory is a sink provided for hand washing. Full-height partitions and door assemblies can comprise toilet compartments where the minimum required spaces are provided within the compartment.

Note first that a toilet compartment is something that is “…located within a toilet room”. Next, note that a toilet compartment can be comprised of full-height walls and a standard 3’-0” door. This might seem to some like a toilet room within a toilet room, but according to this advisory, it is not because it is “located within a toilet room”. Notice also that this toilet compartment “…may contain a lavatory” and “…normally contains no more than one water closet.”

I’m not sure of too many scenarios where a toilet compartment would need more than one water closet, but I’m going to venture a guess here.  I have seen scenarios where a special toilet compartment designed for special needs students was placed within a toilet room. The compartment included two water closets, one with grab bars and one without, and could have easily included a lavatory had they chosen to install one. I evaluated it according to the standards for toilet rooms, since it looked and qualified as a room in its own right. But now, with this advisory, I know that this space only needs to comply with the requirements for toilet compartments.

A notable difference is that in toilet rooms, a turning space is required; in stalls or compartments, one is not. [Visual Alarms are required in all common-use rooms and spaces, so a separate visual alarm would be required in a toilet “compartment” with full-height walls if audible alarms are present.]

More importantly, this definition clarifies the misunderstanding that a toilet compartment becomes a toilet room just because it has full-height walls. If it is in a toilet room, it is a compartment.

Before I move on, let me also point out that lavatories are clearly defined as those fixtures used for hand-washing, and this differentiates them from sinks (which are designed or intended to be used for other uses in addition to washing hands.)

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213.3.3 Urinals. Where more than one urinal is provided, at least one shall comply with 605.

Basically, if there is only one urinal, it no longer must be a compliant urinal.

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213.3.4 Lavatories. Where lavatories are provided, at least one shall comply with 606 and shall not be located in a toilet compartment.

In the Texas Accessibility Standards (TAS 4.22.6), this restriction has always been present, so for us in Texas the change is of little consequence.

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213.3.7 Coat Hooks and Shelves. Where coat hooks or shelves are provided in toilet rooms without toilet compartments, at least one of each type shall comply with 603.4. Where coat hooks or shelves are provided in toilet compartments, at least one of each type complying with 604.8.3 shall be provided in toilet compartments required to comply with 213.3.1. Where coat hooks or shelves are provided in bathing facilities, at least one of each type complying with 603.4 shall serve fixtures required to comply with 213.3.6.

Accessible shelves are newly specified, as heretofore they generally fell into the storage category and were simply required to be located on an accessible route within accessible reach ranges. The new requirement specifies a minimum location above the finish floor of 40 inches.

Well, that is all for this segment. Next time we will look at some of the specific dimensional requirements for the elements within toilet and bathing rooms. Let me know if you have any insights into today’s article. If I’ve missed or misinterpreted something, I would like to clean it up right away.

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Reach Range

Historically, dimensions for reach range have been different depending upon the approach.  Because someone in a wheelchair can reach higher when approaching an object from the side as opposed to directly in front of them, side reach range is currently allowed to be up to 54 inches Above the Finished Floor (AFF) or ground.  Forward reach range is a maximum of 48 inches AFF or ground.  The ADAAG-R limits side reach to 48 inches, the same as the limitation on front reach.

308.3 Side Reach.

308.3.1 Unobstructed.  Where a clear floor or ground space allows a parallel approach to an element and the side reach is unobstructed, the high side reach shall be 48 inches (1220 mm) maximum and the low side reach shall be 15 inches (380 mm) minimum above the finish floor or ground.

In its review of the new ADAAG-R, the Department of Justice (DOJ) observed that, from a cost perspective, it is no more expensive to place controls and operating mechanisms at 48 inches than at 54 inches. More importantly, harmonizing side and front reach ranges eliminates a good deal of confusion over what constitutes a permissible side approach. This is a crucial point. In terms of enforcement of the ADAAG in public accommodations, it is very common for the owner/operator of a restaurant or store to assert that a side approach is possible — and thus place an item or control at 54 inches — when in fact only a front approach is possible.

In addition, the fixed and moveable elements that govern whether a side or front approach is possible are often added to the design or even to the building itself, long after the height of the item in question is determined or the item is installed. With a uniform height for both side and front approach, both design and compliance will be simpler.

Furthermore, the Access Board (the agency that promulgates these guidelines) decided to require 48-inch reach ranges for both side and front approaches after extensive testimony supported the idea that this height limitation was necessary to permit use by people of short stature and many wheelchair-users with limited upper arm strength, as well as people with other types of disabilities and chronic illnesses.

Finally, the 48-inch limitation has been included in the ANSI standard for the past ten years, and harmonizing the requirements for reach ranges is consistent with the the goals of the new ADAAG-R.

The minimum Reach Range for side approach has also been changed to 15 inches AFF or ground, which is also consistent with the minimum Reach Range for forward approach.  The requirements for Reach Range over an obstruction for both approaches have remained essentially unchanged from the current ADAAG, and a discussion about those requirements will be addressed in a future post.  Again, you can view all the new requirements for Reach Range at the Access Board’s website for the new ADAAG-R.

This post is part of a series of articles on the new ADAAG-R guidelines.  I will be exploring some of the more notable changes from the current version of the ADA Accessibility Guidelines for Buildings & Facilities (ADAAG).  You can find a complete copy of the new ADA/ABA Accessibility Guidelines (ADAAG-R) on the Access Board’s website.

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Access from Site Arrival Points & Between Buildings on a Site

The requirement that an accessible route be provided from public streets and transportation stops to an accessible building entrance is one that has caused much frustration over the years.  Likewise for the similar requirement that all buildings on a site be connected by an accessible route.  The language of ADAAG and TAS currently states:

4.1.2 (1) At least one accessible route complying with 4.3 shall be provided within the boundary of the site from public transportation stops, accessible parking spaces, passenger loading zones if provided, and public streets or sidewalks, to an accessible building entrance.

(2) At least one accessible route complying with 4.3 shall connect accessible buildings, accessible facilities, accessible elements, and accessible spaces that are on the same site.

It is not difficult to ensure compliance with this accessible route requirement from parking and passenger loading zones: they are often in proximity to an accessible entrance.  It is not even too difficult to ensure compliance from more distant locations like public streets, sidewalks and transportation stops, especially when pedestrian routes are provided from these locations in the first place.

The problem with this requirement is that there is no exception for those instances when no pedestrian route is provided whatsoever from public transportation, sidewalks or streets.  Imagine a single building located a quarter mile from the public street.  The only thing connecting the public street to the parking area in front of the building is a quarter mile-long driveway with no adjacent pedestrian walkway.  According to the current guidelines, notwithstanding the absence of any pedestrian route, an accessible route for persons with disabilities would need to be provided.

Similarly, when no pedestrian route is provided between buildings on a site, the guidelines still require an accessible route between each building on a site.  This can be especially ominous when vehicular ways between some buildings can be exceptionally dangerous to any pedestrian, and more so to those with mobility impairments and other physical limitations.

The new ADA/ABA Accessibility Guidelines (ADAAG-R) restate the current requirement (using the term “Site Arrival Points”) and then provide the necessary exceptions:

206.2.1 Site Arrival Points.  At least one accessible route shall be provided within the site from accessible parking spaces and accessible passenger loading zones; public streets and sidewalks; and public transportation stops to the accessible building or facility entrance they serve.

Exception 2.  An accessible route shall not be required between site arrival points and the building or facility entrance if the only means of access between them is a vehicular way not providing pedestrian access.

Similarly, in the case of access between buildings on the same site, an exception is made for those instances where pedestrian routes are not provided in the first place:

206.2.2 Within a Site.  At least one accessible route shall connect accessible buildings, accessible facilities, accessible elements, and accessible spaces that are on the same site.

EXCEPTION:  An accessible route shall not be required between accessible buildings, accessible facilities, accessible elements, and accessible spaces if the only means of access between them is a vehicular way not providing pedestrian access.

There are several other key qualifications to these new requirements and their exceptions (for those instances where there are multiple bus stops serving a site, or multiple accessible entrances, or when the route provided to pedestrians is through a parking lot), so take the time to go to section 206 in the new ADAAG-R and read up on all the particulars.

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Urinals

Perhaps the most welcome change is the requirement that toilet rooms with only one urinal no longer require that the urinal be accessible.  Here’s how the Guidelines read:

213.3.3 Urinals.  Where more than one urinal is provided, at least one shall comply with 605.

Of course, where an accessible urinal is required (or if one elects to make a urinal accessible), it must comply with all of the requirements for accessible urinals:

1. Be on an accessible route;
2. Have adequate clear floor space for forward approach (remember that in Texas, the clear floor space will likely be require to be centered upon the fixture;
3. Must be stall-type (floor mounted) or wall-hung (if wall hung, the urinal rim must not be higher than 17 inches above the finished floor);
4. Have a tapered, elongated rim (now defined as being at least 13.5 inches from the wet wall);
5. Have operable automatic or hand-operated controls (if hand operated, controls must have adequate clear floor space and be within accessible reach ranges. Generally this will be max 48 inches AFF unless the depth of the urinal is more than 20″, in which case it must be max 44 inches AFF)

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