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

213 Toilet Facilities and Bathing Facilities

Section 213 covers access to toilet and bathing facilities, including elements and fixtures they contain. Access is required where toilet and bathing facilities are provided, though exceptions are provided for certain altered facilities, including qualified historic facilities, single user rooms, and portable units clustered at a single location (213.2, Exceptions 1 through 4).

Substantive changes include an increase in the number of toilet rooms clustered at a single location required to be accessible and revision of criteria for unisex toilet and bathing rooms.

Comment. Where single user toilet rooms are clustered at a single location, not all are required to be accessible (213.2, Exception 4). In the proposed rule, this exception specified access to at least 5% of such toilet rooms. This reduced scoping was limited to those toilet rooms containing fixtures provided in excess of the number required by the local plumbing or building code. Comments from people with disabilities strongly opposed this reduction in access from the original ADAAG, which required all to be accessible. Commenters felt that this would severely limit choice and availability of accessible toilet rooms at such locations. Some urged that all toilet rooms clustered at a location should be required to be accessible.

Response. The exception has been modified to allow only half of the toilet rooms clustered at a single location to be inaccessible. This will enhance choice and availability of accessible toilet rooms while still providing a considerable reduction in the amount required to be accessible relative to the original ADAAG. As revised in the final rule, this scoping is not limited to situations where the fixture count required by the local plumbing or building code is exceeded. Thus, the 50% scoping would apply across the board to facilities clustered at a single location without regard to the required fixture count. The Board made this change in order to facilitate compliance.

Comment. Comments advised revising requirements for unisex toilet and bathing rooms for greater consistency with model building codes. Recommendations also noted that unisex facilities are also referred to as "single use" or "family" toilet and bathing rooms in some codes.

Response. The requirements for unisex facilities have been revised according to specifications in the model building codes (213.2.1). Unisex toilet rooms must have a lavatory and privacy latch and cannot have more than two toileting fixtures (i.e., two water closets, or one water closet and one urinal). This differs from the proposed rule which required unisex toilet rooms to have one water closet. Unisex bathrooms must have a lavatory, water closet, privacy latch, and one shower, and may have a tub in addition to a shower. The proposed rule permitted either a shower or tub. The final rule also includes a reference indicating that unisex toilet and bathing rooms are also known as "single use or family" facilities.

Editorial revisions made to the scoping provisions for toilet and bathing facilities include:

• clarification of the requirement that toilet and bathing facilities be provided on an accessible story in facilities exempt from the requirement for an elevator where toilet and bathing facilities are provided (213.1)

• relocation of requirements for signs (213.2.2 in the proposed rule) to the signage scoping section (216.8)

• removal of exceptions for toilet and bathing rooms serving inaccessible patient rooms, guest rooms, dwelling units, and cells (213.2, Exceptions 5 through 8 in the proposed rule)

The proposed rule provided several exceptions which clarified that access is not required to toilet and bathing facilities serving inaccessible medical care patient rooms, transient lodging guest rooms, dwelling units, or prison and jail cells (213.2, Exceptions 5 through 8). Similar to corresponding exceptions for kitchens and kitchenettes in 212, these exceptions have been removed as unnecessary since scoping elsewhere in Chapter 2 indicates the number of rooms, units, and cells required to be accessible. Those not scoped are not required to be accessible, including toilet and bathing facilities serving them.

Section 213.3 addresses plumbed fixtures and accessories. Substantive changes have been made to scoping provisions for ambulatory accessible toilet compartments (213.3.1) and urinals (213.3.3).

Comment. The proposed rule, consistent with the original ADAAG, required that access for people who are ambulatory be provided, in addition to wheelchair accessible compartments, in toilet rooms with six or more toilet compartments. Ambulatory accessible stalls feature parallel grab bars on both sides and a self-closing door and are designed to accommodate people who may have difficulty walking, sitting, or rising. Comments pointed to a disparity in the application of this requirement between men’s and women’s rooms since the provision is triggered by the number of compartments without taking into account urinals. The number of toilet compartments in a men’s rooms may be lower than in a women’s rooms due to the provision of urinals.

Response. The requirement for ambulatory accessible compartments has been revised so that it applies equitably between men’s and women’s rooms (213.3.1). The provision has been modified to apply where six or more toilet compartments are provided or where "the combination of urinals and water closets totals six or more fixtures."

Comment. Where urinals are provided, the proposed rule specified at least one to be accessible. Comments, particularly those from industry, urged that this requirement be removed. Some comments questioned the degree to which men with disabilities use or prefer urinals over water closets. Several comments indicated that some building codes have been revised to permit stall-type urinals, which can facilitate the emptying of leg bags.

Response. The Board believes that access to urinals should be required to preserve a degree of choice in the type of toilet fixtures available. However, the scoping requirement has been revised to apply where more than one urinal is provided. Thus, accessible urinals are not required in toilet rooms equipped with one urinal.

Editorial changes made to scoping provisions in 213.3 for plumbed fixtures and accessories include:

• removing as unnecessary the distinction between toilet compartments and toilet rooms in scoping

• accessible water closets (213.3.1, 213.3.2)

• clarifying the prohibition on accessible lavatories being placed in toilet compartments (213.3.4)

• removing references to operable parts dispensers, and receptacles, as such elements are

• generally covered by scoping in 205 (213.3.6 in the proposed rule)

• relocation and modification of a scoping provision for coat hooks and shelves in toilet and bathing

• rooms and toilet compartments (213.3.7)

Comment. At least one accessible lavatory is required in toilet and bathing rooms. This required accessible lavatory cannot be located in a toilet compartment. Comments agreed with this provision, but requested that it be restated more clearly in the final rule.

Response. The provision has been revised for purposes of clarity to state that where lavatories are provided, at least one shall be accessible "and shall not be located in a toilet compartment."

Section 213.3.7 addresses coat hooks and shelves provided in accessible toilet rooms, toilet compartments, and bathing facilities and references corresponding technical criteria for such elements in these spaces. This provision has been relocated for clarity from the scoping section covering storage (208). In the proposed rule, this provision at 228.4 required such access only if coat hooks and shelves were provided in inaccessible toilet rooms or toilet compartments. This has been revised in the final rule as applying where such elements are provided without regard to inaccessible rooms and compartments.