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Withdrawn Technical Assistance: Common ADA Errors and Omissions in New Construction and Alterations

[As of] December 21, 2017, the Department of Justice has withdrawn and, where applicable, removed from ADA.gov [this] technical assistance document. [This] document is outdated and does not fully reflect current law or has been replaced by a more up-to-date document. Withdrawal of a guidance document does not change covered entities’ legal responsibilities, as reflected in the ADA, its implementing regulations, and other binding legal requirements and judicial precedent. The Department will continue to fully and fairly enforce all laws within its jurisdiction, including the ADA.

Note: This document, portion of document or referenced document was published prior to the 2010 ADA Standards, and is still applicable.

Drinking Fountains

Error/Omission:

All drinking fountains are mounted with the spout at 36" A.F.F.

Result:

People who have difficulty stooping or bending over are not able to get a drink from the accessible 36" high drinking fountain.

Requirement:

4.1.3(10)* Drinking Fountains:

(a) Where only one drinking fountain is provided on a floor there shall be a drinking fountain which is accessible to individuals who use wheelchairs in accordance with 4.15 and one accessible to those who have difficulty bending or stooping. (This can be accommodated by the use of a "hi-lo" fountain; by providing one fountain accessible to those who use wheelchairs and one fountain at a standard height convenient for those who have difficulty bending; by providing a fountain accessible under 4.15 and a water cooler; or by such other means as would achieve the required accessibility for each group on each floor.)

b) Where more than one drinking fountain or water cooler is provided on a floor, 50% of those provided shall comply with 4.15 and shall be on an accessible route.

* Asterisk denotes that related, non-mandatory material is in the Appendix to the Standards.

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