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

211 Drinking Fountains

In addressing drinking fountains, the guidelines cover access for people who use wheelchairs and access for standing persons who may have difficulty bending or stooping. Where provided, 50% of drinking fountains are required to be wheelchair accessible and 50% are required to be accessible to standing persons (with rounding up or down permitted in the case of odd numbers). Generally, this requires at least two units in order to provide such access. However, single units that provide dual access, such as those equipped with two spouts or combination high-low types, can substitute for two separate units. Scoping requirements apply where drinking fountains are provided on exterior sites, on floors, and within secured areas.

This section has been editorially revised for clarity and substantively revised in several respects:

• references to "water coolers" have been removed (211)
• the application of scoping to exterior sites has been clarified (211.1)
• an exemption for secured areas in detention and correctional facilities has been added (211.1, Exception)

The proposed rule scoped both drinking fountains and water coolers. The term "water coolers" typically refers to units that are either identical to drinking fountains or to furnishings that are not fixed or plumbed. The reference to water coolers was removed.

Comment. Many comments considered this section unduly complicated and obscure in potentially requiring at least two units where drinking fountains are provided. Commenters also opposed specific recognition of "high-low" units as an alternative to two separate units since other types, such as single bowl units with two spouts, are commercially available.

Response. Section 211 has been editorially revised to enhance clarity. Section 211.2 now states that "no fewer than two drinking fountains shall be provided" with one being wheelchair accessible and the other designed to accommodate people who have difficulty bending or stooping. Single units that provide both types of access are permitted as an alternative to multiple installations (211.2 Exception). Where fractions result (i.e., provision of an odd number of units), rounding up or down is permitted.

In the final rule, scoping has been clarified as applying to units provided at "exterior sites," in addition to those installed on floors. For example, if drinking fountains are provided outside a building and on each of its floors, then dual access must be provided at exterior locations and on each floor. If drinking fountains are provided on one floor only, then the requirement for dual access would apply only to that floor.

Scoping is also applied to ensure dual access in secured areas of facilities, such as prisons and jails since circulation among occupants may be restricted to such an area. In the proposed rule, technical criteria applicable to detention and correctional facilities required wheelchair access to drinking fountains serving accessible housing or holding cells (section 807.2.4 in the proposed rule). However, the basic scoping in section 211 would have applied equally to detention and correctional facilities, including the requirement for units designed to accommodate people who have difficulty bending or stooping. In the final rule, an exception has been added to clarify that drinking fountains serving inaccessible cells only are not required to be accessible (211.1, Exception). Those units that serve accessible cells are required to be accessible as required in section 211.