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