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Withdrawn Technical Assistance: Common ADA Errors and Omissions in New Construction and Alterations

[As of] December 21, 2017, the Department of Justice has withdrawn and, where applicable, removed from ADA.gov [this] technical assistance document. [This] document is outdated and does not fully reflect current law or has been replaced by a more up-to-date document.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.

Toilet Rooms and Bathrooms

Error/Omission:

Where toilet rooms or bathrooms are provided, not all public and common use toilet rooms and bathrooms (including locker rooms and toilet rooms for employee use) are accessible.

Result:

People with disabilities are restricted to a limited number of toilet rooms and may have to travel long distances to the accessible toilet room while others can use any toilet room.

Requirement:

4.1.3(11) Toilet Facilities: 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.

Error/Omission:

Toilet rooms with 6 or more toilet stalls lack a 36" wide "ambulatory" toilet stall.

Result:

Too few accessible stalls are provided for people with mobility disabilities. People who walk with crutches, a cane, a walker, or who have limited balance generally find it easier and safer to use a stall that has parallel grab bars.

Requirement:

4.22.4, 4.23.4 Water Closets. If toilet stalls are provided, then at least one shall be a standard toilet stall complying with 4.17; where 6 or more stalls are provided, in addition to the stall complying with 4.17.3, at least one stall 36 in (915 mm) wide with an outward swinging, self-closing door and parallel grab bars complying with Fig. 30(d) and 4.26 shall be provided. Water closets in such stalls shall comply with 4.16. If water closets are not in stalls, then at least one shall comply with 4.16.

Illustration of a woman who uses crutches and leg braces sitting down on a toilet. She is using the two parallel grab bars.

Error/Omission:

The door to the toilet room swings into the required clear floor space at accessible fixtures, controls, and dispensers.

Result:

The entry door to the toilet room cannot be fully opened when a wheelchair user is using the accessible fixture, control, or dispenser. For example, if a person using a wheelchair is positioned in the clear floor space at the paper towel dispenser and that clear floor space overlaps the space needed to swing the door open, the door cannot be fully-opened.

Requirement:

4.22.3*, 4.23.3* Clear Floor Space. The accessible fixtures and controls required in 4.22.4, 4.22.5, 4.22.6, 4.22.7 and 4.23.4, 4.23.5, 4.23.6, and 4.23.7 shall be on an accessible route. An unobstructed turning space complying with 4.2.3 shall be provided within an accessible toilet room. The clear floor space at fixtures and controls, the accessible route, and the turning space may overlap.

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

Error/Omission:

When a transfer shower is used, it is often larger than the required 36" x 36" size.

Result:

People with disabilities may be injured when using a transfer shower that is too large. Users may slide off the seat and fall onto the floor of the shower while reaching for the shower controls and hand-held showerhead.

Illustration showing a plan view of a transfer shower with a man sitting on the folding seat and his wheelchair positioned outside the shower adjacent to the seat.

Requirement:

4.21.2 Size and Clearances. Except as specified in 9.1.2, shower stall size and clear floor space shall comply with Fig. 35(a) or (b). The shower stall in Fig. 35(a) shall be 36 in by 36 in (915 mm by 915 mm). Shower stalls required by 9.1.2 shall comply with Fig. 57(a) or (b). The shower stall in Fig. 35(b) will fit into the space required for a bathtub.

Illustration showing a 36 in by 36 in shower compartment equipped with seat, hand-held shower head, grab bar and shower curtain.

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