202-PL-00097

SEP 19 1992

Mr. Todd Corey

Project Architect
Henningson, Durham & Richardson, Inc.
8404 Indian Hills Drive
Omaha, Nebraska 68114-4049

Dear Mr. Corey:

This letter responds to your correspondence regarding the

application of the Americans with Disabilities Act (ADA) to
toilet rooms containing one toilet and one lavatory.

The ADA authorizes the Department of Justice to provide

technical assistance to individuals and entities with rights or
obligations under the Act. This letter provides informal
guidance to assist you in understanding the ADA accessibility
standards. However, this technical assistance does not
constitute a legal interpretation of the statute and it is not
binding on the Department.

Following are answers to each of your questions as written

in your letter dated October 22, 1991, a copy of which is
enclosed.
#1 - The clear floor space required at the toilet shown in
Fig. 28 in the Americans with Disabilities Act Accessibility
Guidelines (ADAAG), the clear floor space at the lavatory shown
in Fig. 32, and the turning space complying with Section 4.2.3. may
overlap according to ADAAG 4.22.3.

#2 - Although there is no restriction against swinging a

door into a toilet room, 4.22.2 stipulates that doors shall not
swing into the clear floor space required for any fixture. A
door swing may encroach upon only the required turning space.

#3 - The architect would comply with the local code by

designing to local requirements. But he or she must also comply
with the ADA, even if the ADA imposes stricter requirements.

cc: Records, Chrono, Wodatch, Bowen, Friedlander, FOIA

Udd:Cager:Corey
01-01539​
-2-
 #4 - Section 4.1.3(11) requires that, in new construction,
each public or common use toilet room or bathroom be accessible.
Staff locker rooms and toilets are considered "common use"
facilities. They are similar on this respect to employee lounges
and exercise facilities, discussed at page 35557 (column 1) of
the title III regulation (enclosed).

#5 - Yes. All common use toilet rooms and bathrooms must be

accessible with at least one of each type fixture provided in
each room being accessible.

#6 - Yes. A staff toilet in a newly constructed surgery

suite would be considered a common use toilet room and would be
required to be accessible.

#7 - Yes. A unisex toilet room, if provided for nursing

station staff, would be required to be accessible when newly
constructed.

#8 - Yes. Section 4.1.3(11) requires that, in new

construction, each public or common use toilet room be accessible
regardless of proximity.

#9 - If the local building or plumbing code allows the

installation of a unisex toilet room for the use of staff, and if
it were built in compliance with the appropriate ADAAG
requirements, it would be in compliance with the ADA regulations.

#10 - If a toilet room is built for the use of a single

occupant of a specific space, it may be adaptable. A toilet room
is considered to comply with the ADAAG definition of adaptability
if all space requirements have been met and the walls are
prepared for the future addition of grab bars.

Attached please find a marked-up copy of your sketch and a

copy of the Technical Assistance Manual for title III. We hope
these answers and materials will assist you in complying with the
ADA.

Sincerely,

John L. Wodatch
Director
Office on the Americans with Disabilities Act
Enclosures
 Title III Manual
Title III Regulation
01-01540​
HDR

October 22, 1991

Mr. John Wodatch

Director
Office on ADA
Civil Rights Division
Department of Justice
P.O. Box 66118
Washington, D.C. 20035-6118

RE: Code Issues

Dear Sir:

Regarding the Federal Register printed July 26, 1991, I would like to ask your
assistance in clarifying some issues.

The first series of questions deal with Section 4.16, Water Closets, which
pertain to "water closets not in stalls". Figure 28 shows the clear floor
space required to access the fixture. Other provisions of the code require a
60 inch turning circle within the toilet. It is my assumption that these two
measures of accessibility may, in fact, overlap.

Question 1: Is this true?

Question 2: In many cases, even in new construction, it is not feasible to

swing the door out. In fact, it can be hazardous to swing a
door into an exit corridor. Assuming the door can swing into a
handicap accessible toilet, by how much can the door swing
overlap the turning circle and/or the clear floor space
requirements?

I have attached an illustration from an Illinois code which addresses the same
issue. Another example; I'm told North Carolina allows a 12 inch maximum
overlap. Further clarification on this matter would help many others like
myself who work in various jurisdictions.

Question 3: Obviously a local authority may impose more stringent

requirements than those contained in the ADA Code. However,
when the local code criteria is less stringent than the ADA
 criteria, is it lawful for an architect to knowingly use the
lesser criteria?

The ADA regulations seem to concentrate on the areas of public accommodations,

however, within the Health Care Occupancy Group, there are some questions
which frequently occur. These are in regards to provisions for staff,
including locker rooms and staff toilets.

Question 4: Does the ADA require that staff locker rooms be provided which
are accessible?
01-01541

Mr. John Wodatch

Page 2
October 22, 1991

Question 5: If the answer to question 4 is yes, then does this apply to

all
categories of locker rooms, i.e. doctors lockers, nurses
lockers, etc.?

Question 6: If a staff toilet is provided within an area such as Surgery

Suite, must it be accessible?

Many times a single unisex toilet room is provided for a limited use
situation, such as near a nurse station for staff.

Question 7: Would this require accessibility?

Question 8: Would this require accessibility even if an accessible public

toilet is nearby?

Question 9: If it were designed to be accessible, would a single unisex

staff toilet suffice?

On a given floor of a new office building, accessible public toilets have been
provided. Within a suite on that floor a tenant has additionally provided a
staff toilet.

Question 10: Will this toilet be required to be accessible?

I would appreciate your thoughts on these matters. Thank you very much.

Sincerely,
HENNINGSON, DURHAM & RICHARDSON, INC.

Todd Corey
Project Architect

TC/mg
cc: File
01-01542​
(Form) PLAN - 1 SINGLE USER TOILET ROOM
01-01543