July 2022: Inspector’s Corner

I do ADA inspections every Wednesday and I always find some interesting things that I wanted to share. Here are some interesting solutions and products that are good for accessibility, and I will show them in this newsletter.

Diaper Changing Counters and Cane Detection

A diaper changing counter will sometimes be located in a circulation path around the restroom and when it is left open it can be a protruding object. TDLR issued a technical memo on the topic. Here is the link. At some of my inspections I have seen some interesting ways of handling this:

The figure above shows the requirements for objects mounted in a circulation path so they will not be hazards for people with visual impairments.

The photo above shows a diaper changing counter in the open position and located on the circulation path to the toilet compartments and exit door and is a protruding object.

Recently I have seen this Koala diaper counter installed. What is unique and interesting about it is that they are taking into consideration the “protruding object” concern and they have designed it so that the handle you use to open it, once it is in the down position, acts as cane detection.

This diaper counter’s handles will reach below 27″ a.f.f. if installed correctly and it acts as cane detection.

Reflective Surface at Mirrors

Most of us understand the rule about mirrors over lavatories or sinks. They must be located so that the reflective surface is not higher than 40″ a.f.f. I was recently at an inspection where the mirror had a frame as part of the mirror where the outer edge was the reflective surface, then frosted glass and back to the reflective surface. Obviously, the intent was for a person in a wheelchair to be able to see themselves in the mirror, so although technically there is a reflective surface at 40″ a.f.f., the real “mirror” was above that.

The mirror in the picture above has a frosted glass frame that has an outer edge made of the reflective surface of the mirror.

The “reflective” surface of the mirror (as the Standards intended) will be the one above the frosted glass, even though there is a reflective surface below the frosted glass.

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Where are accessible benches required?

Compliance with ADA Section 903 (Benches) shall be required only when specifically referenced in the 2010 ADA Standards for Accessible Design. This also applies to Texas 2012 Texas Accessibility Standards. There is no specific scoping for benches, except when they are required in the the different sections of the ADA Standards. Because the ADA Standards only deals with fixed or built in elements, benches must be fixed or built in as well.

Benches complying with section 903 are only required at the following spaces:

• Saunas (per section 612)
• Locker Rooms (per section 803)
• Dressing Rooms (per section 803)
• Fitting Rooms (per section 803)
• Holding Cells (807)

And all those benches must follow the requirements in section 903:

903.2 A Clear Floor or Ground Space next to the short axis.

The bench shown in the figure above is inside a dressing room which requires that the bench have back support as well as the 30″x48″ clearance parallel with the short axis of the bench

903.3 Size should be 42″ long and between 20″ and 24″ deep

903.4 Back Support.

903.5 Height should be 17″-19″

903.6 will holds 250 lbs

903.7 at Wet Locations the seat shall be slip resistant and does not accumulate water.

Saunas and Steam Rooms ADA 612.2

The sauna has a bench with back support, the proper length of 42″ and depth of 24″ with a 30″ x 48″ space next to its short axis

Dressing, Fitting, and Locker Rooms ADA 803.4

Dressing rooms are typically private rooms in doctor’s offices, imaging centers etc. which are provided for the purpose of changing out of clothes and into other garments

This dressing room does not have a compliant bench because the bench is movable, the door swings into it and no 30″ next to its short axis .

Fitting rooms are private rooms provided at retail stores for the purpose of trying on clothing for purchase.

This dressing room does not have a compliant bench in the room.

This fitting room does not have a compliant bench because it doesn’t have a 30″ space next to the short axis

Locker rooms are also considered “dressing rooms” if the lockers are used to keep uniforms or clothing like at a gym or a medical building where people will change into clothes for a specific purpose.

This bench is located up against the wall in a locker room and therefore has back support. Note that the 30″x48″ clear floor space is in front of the door which (although not recommended) it is allowed

This locker room does not have a compliant bench. It lacks back support and it is not a minimum of 20″ deep.

This is a bench that is not up against the wall so back support per figure 903.4 was provided, but they did not provide the 30″ x 48″ space next to the short axis. The lockers were in the way reducing the clearance to 21″ (see next photo)

This photo is the dimension of 21″ between the edge of the bench and the edge of the lockers next to it. The clearance should have been 30″ minimum

Holding Cells and Housing Cells ADA 807.2.2

This holding cell has a bench with back support, but it does not have a 30″ clearance next to the short side.

Other Bench locations

There may be other locations where benches are used. If a fixed bench is provided in other spaces besides the ones specifically listed in the Standards, they do not have to comply with section 903. Below are other locations where benches may be provided, but do not have to comply with the standards or be on an accessible route.

Benches on the exterior

What about fixed or built in benches at courtyards, amphitheaters or or even at parks? If they are part of an assembly area (with four or more benches for the use of an audience or seating for spectators) then it would have to comply only with assembly seating per section 221 and 802.

Otherwise, these benches are not scoped and do not have to comply with the requirements in section 903.

The benches shown in the photos above are located in a park. These benches are not required to comply. Even the one at the basketball court is not considered assembly seating unless there are four or more and meant to be part of the spectator seating.

Benches at shower rooms

Shower rooms often have benches, but those are not required to comply because a shower room is not technically a “dressing” room even though dressing and undressing might occur inside.

Benches are different than shower seats. The photo below shows a shower with a bench but no seat.

The bench shown in the photos above are located in a shower room. It is not inside the shower and therefore not considered a shower seat. Benches are not required in shower rooms and therefore do not have to comply with the Standards.

Bus stops also might have a bench

The bench adjacent to the bus stop and the one located inside the bus stop are not required to comply with either section 903 or section 802.

ADA only requires compliance in dressing rooms, fitting rooms, locker rooms, saunas, and holding cells. The spaces shown above are not required to provide a bench, therefore if a bench is provided it will not have to comply.

TDLR has a Technical Memo that explains this fact.

Introduction

The Coronavirus Covid-19 does not seem to be going away any time soon. Architects and designers as well as facility managers are getting creative on how to use the built environment in a safe way in order to keep the virus from spreading. This newsletter will cover a few solutions that we have seen and how this affects persons with disabilities

Touchless plumbing fixtures

One of the best ways to not spread the virus is to not touch anything. And with that in mind, we already see the use of automatic faucets, flush controls and paper towel dispensers is increasing. Those work great not only for preventing the spread of the virus but also for persons who do not have the use of their hands. The one thing to keep in mind with these is the reach range.

the paper towel dispenser with a touchless sensor shown above is a great solution for touchless fixtures. The sensor should be mounted no higher than 48″ a.f.f.

the automatic faucet is also a good solution to avoid touching faucet controls. The sensor should be located no farther than 24″ from the edge. Also keep in mind to have the same amount of floor space below as the reach required.

Automatic flush controls are easy to install and flush both urinals and toilets automatically in commercial restrooms providing a more hygienic experience for restroom patrons. Automatic flush controls are available in retrofit that can be installed in the original flush valve. One thing to keep in mind when installing them is that if the unit has a courtesy manual flush it must be installed on the transfer side of the toilet.

Touchless Doors

Doors that are not automatic and require pulling of the hardware to open can be a place where Covid-19 is spread. A new device that is allowing people to open the door with their feet has been getting installed. This device is not for persons with disabilities and it can only be installed on the pull side of a door where the 12″ high smooth surface is not required.

Drinking Fountains

Drinking fountains are one fixture that has been found to be a hazard for spreading the virus. Most of the drinking fountains in buildings have been taken out of commission temporarily. But bottle fillers that are more hygienic and do not have direct contact with germs are a good solution.

The photo below shows the spouts of the drinking fountains covered as to avoid persons from using them. But the bottle filler is still available.

What is next…

We are all looking forward to soon being able to get back to normal…but in a safer, cleaner way. As architects and designers it is important to continue to make our built environment not only more inclusive but also healthier and safer for all.

Click here to hear my introduction video

Introduction

When we design for children, there are sections of the 2010 ADA Standards and 2012 TAS which gives us requirements and ranges for locations and heights at water closets and its components. They also provided a handy chart that gives us more specific recommendations when designing for specific age groups. But what is often misunderstood is that the chart is only an “Advisory” and not the actual requirements. If we follow the chart exactly, there may be some conflicts with other elements. This newsletter will explain those conflicts and how we can avoid them as we design.

The chart provided in section 604.9 gives us ranges based on different age groups. But in reality, the requirements are located in the text of the sections, as we will see in more detail.

Let’s take one requirement at a time. If you are designing for children, ADA Section 604.9.1 tells us where to locate the water closet:

604.9.1 Location. The water closet shall be located with a wall or partition to the rear and to one side. The centerline of the water closet shall be 12 inches (305 mm) minimum and 18 inches (455 mm) maximum from the side wall or partition,…

We can either use the ranges provided in the section, or we can use the ranges provided in the chart. If we use the chart, some clearances between elements will be difficult to achieve. It might take custom grab bars for example in order to make all the requirements work together.

For example, the location of the water closet for 3-4 year olds. The chart states that it needs to be located at 12″ from the side wall. But also the location of the rear wall grab bar is required to be located 12″ from the centerline of the toilet to the inner edge of the grab bar. This might be an issue because both of the elements must be located at 12″ and the grab bar may not have enough room.

The figure above shows the advisory dimensions that are recommended for children between 3 and 4 years of age. The location of the water closet and the location of the rear wall grab bar may not be able to be located exactly at 12″ from the centerline of the water closet to the side wall.

The photo above shows the clearances from the chart. The water closet was located exactly at 12″ from the side wall to the centerline of the water closet.

The photo above shows the grab bar at the rear wall located only 5 1/2″ from the centerline of the water closet to the inner edge close to the side wall.

Because the toilet was located 12″ from the side wall, the grab bar was not able to also be located 12″ from the centerline to the inner edge closest to the side wall. There was not enough room for both requirements to be met. It would have been acceptable to locate the toilet a bit farther away from the side wall in order to allow the grab bar location to also be met.

Another section that sometimes creates conflicts is the height of the water closet.

604.9.3 Height. The height of water closets shall be 11 inches (280 mm) minimum and 17 inches (430 mm) maximum measured to the top of the seat….

Most toilets for children are only 11″ high as shown in the cut sheet below.

The range is really from 11″-17″ to the top of the seat, and the chart (again for children 3-4 years old) will allow a range from 11″-12″ of height. Even though this is allowed, in a real world scenario this is very low for children and creates issues with the height of the rear wall grab bar as well.

If the intent is to have these toilets for a certain age group, providing a short toilet does not give flexibility if the ages in the classroom changes to older grades.

The position of grab bars is another requirement that is often misunderstood as it relates to the Advisory chart. The requirements are:

609.4 Position of Grab Bars. Grab bars shall be installed in a horizontal position, 33 inches (840 mm) minimum and 36 inches (915 mm) maximum above the finish floor measured to the top of the gripping surface, except that at water closets for children’s use complying with 604.9, grab bars shall be installed in a horizontal position 18 inches (455 mm) minimum and 27 inches (685 mm) maximum above the finish floor measured to the top of the gripping surface.

The chart states that for children 3 years of and 4 years old the height of the gripping surface must be between 18″-20″. Sometimes there is a conflict with the height of the flush connector pipes (vacuum breaker) used for children’s toilet. This will cause the grab bar not to fit correctly. Since these are just “advisory” ranges, you are allowed to make the grab bar location higher to avoid the pipes if necessary.

There is a note in the Standards that allows the rear wall grab bar to be shifted over or split if there is a conflict, but that is only allowed when the Administrative Authority Having Jurisdiction requires the location of the grab bar or the pipe to conflict with the ADA requirements.

ADA/TAS 604.5.2 Rear Wall Grab Bar

Exception 2. Where an administrative authority requires flush controls for flush valves to be located in a position that conflicts with the location of the rear grab bar, then the rear grab bar shall be permitted to be split or shifted to the open side of the toilet area.

The rear wall grab bars was shifted because it did not fit where the flush control pipe was located

The rear wall grab bars were split because the height selected was in conflict with the pipes (this is an older toilet and the 60″ clearance was not provided)

TDLR Owner vs. Owner Agent

TDLR has a requirement that the Owner of a facility is the only one that can request the inspection, confirm if corrections have been made after an inspection, inform the RAS if the project has been delayed or cancelled. An owner can also designate someone else to be the liaison and has signing authority while the project is under TDLR.

The confusion becomes on who is the owner and who is the agent. TDLR came up with a document to explain it.

Click Here to see the document

Remember to practice your Civic duty and go vote on November 3rd. If you would like to learn about accessibility requirements for polling places, read my past newsletter on the topic

Click Here for past newsletter on accessible polling places

Click here for Accessible Polling places DOJ’s Check list

The following is an excerpt from ArchitecturalRecord.com. Marcela Abadi Rhoads, owner of Abadi Accessibility is quoted in the article:

This month marks 30 years since President George H.W. Bush signed into law the Americans with Disabilities Act (ADA) on July 26, 1990. One of the most sweeping pieces of civil rights legislation in the country’s history, its guidelines and protections have changed the way we work, learn, and move through space. For architects and planners, it has meant a complete shift in thinking about accessibility and inclusive design. Now, on this landmark anniversary, experts weigh in on how far we have come and what a more equitable future might look like with the help of ADA.

Read the article in its entirety here.

There are a few of requirements in the 2010 ADA Standards that speak about  ways that people get around.  Some are described as either  “circulation path”,  “path of travel”,  “accessible route” or “vehicular path”.  Those all speak about either a car, wheelchair or pedestrian means of getting different places.  In my experience, there is a misunderstanding about the difference between “circulation path” and “path of travel” and “accessible route”.

Path of Travel and Accessible route are mainly describing the “unobstructed” path that a wheelchair user would take.

But a circulation path is speaking about a path where any pedestrian would use to get around.  As it pertains to Americans with disabilities, this term is used for persons who are visually impaired, but are still able to walk.

The idea is that a person who cannot see very well cannot detect certain hazards along the path that he will take to find his way around (i.e. the circulation path).  This newsletter will discuss this concept and will give examples of some “circulation paths”

Protruding Objects

When a person who is visually impaired is walking to find their way, that is a description of his or her “circulation path”.  Since they cannot see, we are required to make sure there are no hazards along their path.  Those hazards are any objects located along the circulation path that are mounted higher than 27″ a.f.f. or lower than 80″ a.f.f. and projects more than 4″ onto the path.

….because the bar is a protruding object

A protruding object, cannot be detected by a cane which is one of the ways that a person who is visually impaired finds their way. Here is a video by the US Access Board that explains this topic.

Circulation Path

What becomes confusing for people is the other terms in the standard.  What is a circulation path?  What is an accessible route?  What is a path of travel?  A circulation path is different than an accessible route.  An accessible route is solely for people in wheelchairs.  It must be a certain width and should be located so that people in wheelchairs can use it without much effort.

A circulation path, on the other hand,  can be used by anyone.  It describes the path that a person who can walk will be taking.  And that can really be anywhere that leads you from one place to another.  Below are some examples:

The obvious circulation path is a corridor.  That is what most people think of when they see the words “circulation path”.  Along a corridor, make sure the sconces are not mounted lower than 80″ a.f.f. if they are deeper than 4″.

A corridor is a circulation path.

A circulation path can be anywhere where people are walking.  So from one side of the bar shown below to the other side is a circulation path and the counter should not project more than 4″ onto it.

The bar top projects more than 4″ onto the circulation path between one side of the bar to the other.

The path to the restroom door is a circulation path.  The paper towel dispenser is mounted along that path and it is deeper than 4″, therefore it is a protruding object.

The paper towel dispenser in the restroom is located along the circulation path.

The circulation path to the desk has a display cabinet that projects more than 4″ onto it.

The display case is located in the circulation path to the desk.

The path to the restroom door is considered the circulation path. The drinking fountain is located on the circulation path of that door and it is a protruding object.

The drinking fountain projects more than 4″ onto the circulation path to the restroom door.

The drinking fountain in the photo below is also located along the circulation path too the restroom door.  It is partially recessed, but since the bottle filler is not the same depth as the drinking fountain it does not provide cane detection.

The drinking fountain is located along the circulation path to get to the door beyond.

The circulation path to the lavatory has a hand dryer projecting onto it.

The path to the lavatory is the circulation path.

Any place in a plaza where people walk is part of a circulation path.  The sculpture is located within the circulation path and the angled parts come down to less than 80″ a.f.f. and are considered protruding objects.

The planters were added at each angle as cane detection.

When discussing circulation paths, keep in mind that although an accessible route is a circulation path because that is where wheelchairs will go, a circulation path is not an accessible route.  A circulation path is where ANYONE can go.  There may be many more examples of circulation paths, so let’s keep them free from hazards and protruding objects.

Showers are not all the same.  There are three types that are described in the ADA standards for showers: transfer showers, roll in showers and alternate roll in showers (which is like a hybrid between the transfer and the roll in shower). Their requirements also vary depending on where they are located.

Below are the requirements in showers, and specifically in a transient lodging facility.

Minimum number of roll in showers required

In the ADA Standards under 224 Transient Lodging there is a chart that we use to calculate how many rooms must be accessible.

There are requirements for rooms with mobility features (for persons with mobility disabilities) and there are requirements for how many rooms with communication features (rooms for persons that are either hearing impaired or visually impaired).  When designing rooms with mobility features one of the requirements is to provide a minimum number of rooms with roll in showers and without roll in showers.

If you notice the chart above, note that if you have less than fifty rooms in a transient lodging facility, then you MUST provide rooms WITHOUT a roll in shower.  So that would mean either a tub or a transfer shower must be provided in a certain number of rooms.  All your bathing facilities cannot be roll- in-showers.

The photos below show you two bathing facilities that are not roll-in-showers:

Transfer Shower

Tub with a fixed and folding seat

If you would like to also provide roll in showers for persons with disabilities you could, but you must first provide the rooms without the roll in showers as stated in the chart. Any additional rooms provided with mobility features beyond the amount on the chart can have a roll in shower.

Transfer shower

Fixed Shower Seats

There are also requirements for seats in showers.  In a typical installation that is not located in a transient lodging, the only shower that requires seats are the transfer showers.  If you provide a roll in shower or an alternate roll in shower, having a seat is optional.  If you do provide them then you must locate the shower controls close to the shower seat.

But in a transient lodging you MUST install a shower seat no matter what type of shower you are providing.

Part of the requirement is that the seat be fixed and either folding or non-folding, EXCEPT in a transient lodging room with a roll in shower.

608.4 Seats. A folding or non-folding seat shall be provided in transfer type shower compartments. A folding seat shall be provided in roll-in type showers required in transient lodging guest rooms with mobility features complying with 806.2. Seats shall comply with 610.

So what that means is that if you have a roll in shower that is not located in a transient lodging facility you can provide a seat that is fixed but not folding.