36 CFR Parts 1190 and 1191 ADA and ABA Accessibility Guidelines - Preamble (Discussion of Comments and Changes)

604 Water Closets and Toilet Compartments

Section 604 addresses access to water closets and toilet compartments. Revisions to the requirements for water closets concern:

• location (604.2)

• clearance (604.3)

• grab bars (604.5)

• flush controls (604.6)

• dispensers (604.7)

• toilet compartments (604.8), including those designed for children’s use (604.9)

In addition, provisions specific to water closets in residential dwelling units that were located in Chapter 11 in the proposed rule have been incorporated into this section. These include requirements for space at water closets (604.3), seat height (604.4), and grab bars (604.5).

Water closets are to be located so that the centerline is 16 to 18 inches from the side wall compartment partition (604.2). Water closets can be located so that this dimension is met on either the left side or the right side of the fixture. The Board has added clarification in the final rule that water closets shall be arranged for a left-hand or a right-hand approach. The proposed rule specified that water closets in ambulatory accessible stalls (which are required to be 36 inches wide) be "centered." In the final rule, the Board has revised this provision to recognize a range (17 to 19 inches) for the centered location that is consistent in scope (2 inches) with the specification for water closets in wheelchair accessible compartments. A corresponding change has been made to the provisions for water closets designed for children’s use (604.9.1).

Comment. Clearance requirements for water closets are covered in section 604.3. The proposed rule stated that no fixtures (other than the water closet) or obstructions were to be located within the clear floor space (604.3.1). Comments noted that this seemed to contradict a subsequent provision that allowed grab bars and dispensers to overlap this space (604.3.2).

Response. Language prohibiting fixtures and obstructions within the required clearances in section 604.3.1 has been removed. Section 604.3.2 recognizes those elements that are permitted to overlap this clearance.

Comment. The proposed rule identified certain elements that could overlap the clear floor space at water closets: associated grab bars, tissue dispensers, accessible routes, clear floor space at other fixtures, and wheelchair turning space (604.3.2). Commenters advised that other elements, such as coat hooks should be included, as well as other types of dispensers, such as those for toilet seat covers. In addition, the new ANSI A117.1 standard includes a reference to sanitary napkin disposal units.

Response. In the list of elements permitted to overlap water closet clearances, the Board has added references to "dispensers," "sanitary napkin disposal units," "coat hooks," and "shelves" (604.3.2).

Comment. Water closets not in compartments require clearance that is at least 60 inches wide and 56 inches deep. Many comments urged the Board to increase this depth so that at least 48 inches is provided in front of the water closet. Others recommended an overall depth of 78 inches.

Response. The Board has not revised the minimum dimensions for the clear floor space at water closets. Other criteria for toilet rooms, including turning space, maneuvering space at doors, and clearances at other fixtures, typically results in additional clearance at water closets not in compartments. The 48 inch specification measured from the leading edge of the water closet is derived from the ANSI A117.1-1992 standard. That specification was removed from the 1998 edition of the ANSI standard because it was extremely difficult to enforce due to the varying installation styles and sizes of water closets. However, the Board has revised the specified depth in residential dwelling units where lavatories are permitted to overlap the space aside water closets.

Other fixtures, such as lavatories, generally are not permitted to overlap the clearance required at water closets. However, in residential dwelling units, an accessible lavatory adjacent to water closets can overlap this space (18 inches minimum from the water closet centerline) if additional space is provided in front of the water closet. Specifically, the depth of the clearance must be at least 66 inches instead of 56 inches (604.3.2, Exception). The proposed rule required this additional space in front of the fixture where only a forward approach to the water closet is provided (1102.11.5.2). It did not require additional space where a side approach to the water closet is provided. Locating lavatories outside the specified water closet clearance allows more options in the approach and transfer to water closets. The overlap of an adjacent lavatory effectively precludes side transfers to the water closet. The Board believes that additional space where lavatories overlap water closet clearances can be beneficial regardless of the approach direction. In the final rule, the 66 inch minimum depth applies whether a forward or a parallel approach to the water closet is provided. The proposed rule also allowed a minimum width for the clearance of 48 inches instead of 60 inches where a lavatory overlaps the space, regardless of the approach (1102.11.5.2). In effect, however, space at least 60 inches wide is needed in meeting other requirements, such as the clear floor space required at the adjacent lavatory and wheelchair turning space. Consequently, the Board has removed the 48 inch specification in the final rule.

Specifications for grab bars are addressed in section 604.5. Grab bars are required on one side wall and the rear wall. Exceptions from this requirement are provided for residential dwelling units, where grab bars can be installed later so long as the proper reinforcement is installed in walls as part of design and construction (Exception 2), and for holding or housing cells specially designed without protrusions for purposes of suicide prevention (Exception 3). In the proposed rule, these exceptions were located in the chapter on residential dwelling units (1102.11.5.4) and the scoping section for detention and correctional facilities (233.3).

Comment. The proposed rule specified that the rear grab bar be 24 inches long minimum, centered on the water closet, or at least 36 inches long "where wall space permits" (604.5.2). Commenters considered this provision confusing and requested clarification on where the 24 inches would be permitted. Some comments urged removal of the 24 inches specification.

Response. The proposed rule included provisions that make clear floor space requirements at water closets more stringent by not allowing other fixtures, such as lavatories to overlap the space. Saving space by locating a lavatory closer to the water closet on the same plumbing wall could only be accomplished by recessing the lavatory so that it does not overlap the clear floor space at the water closet. A grab bar 36 inches long would limit the amount of space saved in recessing an adjacent lavatory. For clarity, the Board has revised this allowance as an exception. In the final rule, section 604.5.2 requires the rear grab bar to be 36 inches long minimum. An exception allows a 24 inch long minimum grab bar, centered on the water closet, "where wall space does not permit a length 36 inches minimum due to the location of a recessed fixture adjacent to the water closet" (604.5.2, Exception 1).

Comment. Section 604.6 covers flush controls, which must be hand operated or automatic. Hand operated types are subject to requirements for operable parts, including reach ranges, addressed in section 309. The original ADAAG specified that the controls be located on the wide side of the water closet. Comments requested that this specification be restored since controls on the wide side of water closets are easier to access.

Response. The final rule includes a requirement that "flush controls shall be located on the open side of the water closet except in ambulatory accessible compartments" (604.6).

Comment. Requirements for toilet paper dispensers in section 604.7 include specifications for height. They must be mounted at least 1 ½ inches below grab bars or, according to the proposed rule, at least 12 inches above. Commenters noted that the 12 inch minimum was inconsistent with provisions for grab bars in section 609 which specify a minimum clearance of 15 inches between grab bars and protruding objects above them (609.2). Some commenters felt that toilet paper dispensers should not be allowed above grab bars in any case since the large roll type, which often cannot fit below grab bars, compromise the usability of the grab bar.

Response. In the final rule, the specified clearance between grab bars and dispensers mounted above them has been revised for consistency with the grab bar specifications in section 609. Specifications in section 604.7 concerning this clearance have been removed since the required clearance between dispensers and grab bars is adequately covered in section 609, which, as revised, requires a minimum clearance of 12 inches above grab bars and a minimum clearance of 1 ½ inches below grab bars (609.3). This may effectively preclude some dispensers from being located above grab bars in view of the minimum mounting height of grab bars (33 inches, measured to the top of the gripping surface) and the maximum height for the dispenser outlet (48 inches). Since some dispensers may be recessed, the Board has added clarification in section 604.7 that dispensers cannot be located behind grab bars.

Section 604.8 provides requirements for wheelchair accessible compartments and those that are designed to accommodate persons with disabilities who are ambulatory.

Comment. Commenters noted that baby changing tables should not be permitted in accessible compartments since they can interfere with access. On the other hand, some comments advised that baby changing tables need to be accessible.

Response. The specified dimensions of toilet compartments provide the minimum amount of space necessary for wheelchair maneuvering into the compartment, positioning at the fixture, and exit from the compartment. Certain elements are permitted to overlap space at water closets, such as grab bars, paper dispensers, and coat hooks (604.3.2). Other elements, including baby changing tables, are not allowed to overlap the minimum amount of space required in compartments. Where such elements are provided in accessible compartments, they must be located outside the minimum space dimensions (when folded up in the case of baby changing tables). In addition, convenience fixtures, such as baby changing tables, must be accessible to persons with disabilities under scoping provisions for operable parts (205) and work surfaces (226). This information is provided in the final rule in an advisory note at section 604.8.1.1.

Comment. Specifications are provided for doors, including their location. The proposed rule specified the location of doors in the front partition, which were required to be hinged 4 inches from the side wall or partition farthest from the water closet (604.8.1.2). Comments suggested that an alternate location in the side partition farthest from the water closet should be allowed, consistent with the original ADAAG. Commenters also pointed out that the specified location should refer to the door opening, instead of the hinge.

Response. Specifications for the location of compartment doors in side partitions are included in the final rule, consistent with the original ADAAG. The specified location in either front and side locations has been revised to apply to the door opening, instead of the hinge.

Comment. The proposed rule referred to ambulatory accessible compartments as "non-wheelchair accessible" compartments. Commenters considered this term confusing since it also encompasses inaccessible compartments. Preference was expressed for "ambulatory accessible" compartments, the term used by the advisory committee.

Response. The term "non-wheelchair accessible" compartments has been replaced with "ambulatory accessible" compartments.

Ambulatory accessible compartments were specified to be 36 inches wide absolute in the proposed rule, consistent with the original ADAAG. Throughout the new guidelines, the Board has sought to specify dimensions as a range instead of in absolute terms where practicable to facilitate compliance without compromising accessibility. The width of ambulatory compartments is specified to ensure that the grab bars required on both sides are simultaneously within reach. In the final rule, the Board has replaced the 36 inch wide specification with a range of 35 to 37 inches.

Section 604.9 provides specifications for water closets designed for children’s use. In the proposed rule, this section included criteria for wheelchair accessible compartments. In the final rule, requirements have been integrated in the section covering wheelchair accessible compartments for adults (604.8.1) to reduce redundancy.