T. 4-23-93 Control No. X93032203939 MAY 10 1993 The Honorable Jim Kolbe Member, U.S.

House of Representatives 1661 North Swan Road, Suite 112 Tucson, Arizona 85712 Dear Congressman Kolbe: This letter responds to your inquiry on behalf of your constituent, Stewart R. Palmer, concerning the regulatory requirements of the Americans with Disabilities Act (ADA) for urinals and for drinking fountains. 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 your constituent 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. The technical provisions for accessible urinals in section 4.19 of the Department's standards for accessible design do not specify a dimension for the required "elongated rim." Many commonly available urinals, including the one shown on the catalog sheet that Mr. Palmer enclosed with his inquiry, are acceptable if installed in compliance with all the applicable technical provisions. Drinking fountains that allow a front approach by a person using a wheelchair must have a knee space at least 27 inches high (see section 4.15.5 of the standards). Section 4.4.1 says that an object mounted with the leading edge at or below 27 inches above the floor may protrude any amount. Therefore, if the bottom edge of the drinking fountain is 27 inches above the floor, both these height requirements are satisfied. cc: Records, Chrono, Wodatch, Harland, McDowney, FOIA, MAF n:\udd\mercado\congltrs\kolbe.ewh

-2If there are state or local accessibility requirements that

are more stringent than those required by the ADA, these must also be addressed. Your constituents may contact the Public Access Section when they have questions or need information. The Department maintains a telephone information line to provide technical assistance regarding the rights and obligations of individuals, businesses, agencies, and others covered or protected by the ADA. This technical assistance is available by calling (202) 514-0301 (voice) or (202) 514-0383 (TDD) between 1:00 p.m. and 5:00 p.m., Monday through Friday. I hope the information we have provided is helpful to you and your constituent. Sincerely, James P. Turner Acting Assistant Attorney General Civil Rights Division

Stewart R. Palmer Consulting Engineers, Inc. January 26, 1993 The Honorable Jim Kolbe U.S. Congressman 1661 North Swan

Tucson, Arizona 85712 Dear Mr. Kolbe: I am trying to get an official interpretation of the "American for Disability Act." Will you please help. My paragraph numbers refer to the Federal Register/Vol. 56 No. 144/Friday, July 26, 1991/Rules and Regulations (copies of the pages a-re attached). 4.18.2 Height, Urinals shall be stall-type or wall hung with an elongated rim.... What is meant by elongated rim? The normal wall hung urinal has about a 12" rim. See attached catalog sheet. 4.15 Drinking Fountains. This paragraph details the clearances required for wheelchair access. Paragraph 4.4 Protruding objects: has requirement for items to project into the walking area. This is to assist the visually handicapped. . In accordance with Figure 8(2) it appears a drinking fountain can only project 4" into the walking area unless the bottom is 27" or lower. Drinking fountain bottoms may comply with the 27" but the rim projects further into the space. (See attached catalog sheet.) My questions are: 1. Does the normal urinal meet the ADA requirement? 2. Do the normal drinking fountains meet the requirements or must they be recessed so only 4" project into the walking area? Sincerely, Stewart R. Palmer