Most customers probably know that guidelines exist that dictate the design and layout of public restrooms, but do they have a clue what those rules are? Distributors can reach a lucrative market by educating customers on the regulations spelled out in the Americans With Disabilities Act (ADA).

The regulations, which became law in 1990, prohibit discrimination against people with disabilities by providing them with equal access to goods and services. ADA says public accommodations must be barrier-free, meaning they must be accessible to those with disabilities. The Act requires that a facility have an accessible entrance, allow for access to goods and services and have accessible restrooms. The standards apply to all businesses, regardless of size and the number of employees. The Act states:

“All new construction and modifications must be accessible to individuals with disabilities. For existing facilities, barriers to services must be removed if readily achievable. Public accommodations include facilities such as restaurants, hotels, grocery stores, retail stores, etc., as well as privately owned transportation systems.”

Any public building that was designed after January 26, 1993, must comply with ADA requirements for new buildings.

“Any public facility is responsible for complying with ADA regulations,” says Cynthia Sullivan, regulatory affairs specialist for GOJO Industries, Akron, Ohio. Private facilities, however, are exempt.

Existing facilities are required under ADA to remove all barriers that are considered “readily achievable” based on an organization’s size, resources and the type and complexity of the barriers in question. “Readily achievable” refers to something that can be fixed “without much difficulty or expense.” Businesses are not expected to become ADA compliant overnight; rather, they are encouraged to evaluate their facilities and create long-term plans for barrier removal. Although “readily achievable” is not precisely defined, ADA does provide details on how to change existing buildings and gives building owners some flexibility in coming up with solutions to remedy problems.

Some of the most common changes that are made are installing grab bars, covering sink pipes and lowering paper towel dispensers.

“From what I see most people these days are trying to comply,” says Maya Muzurovic, architectural services representative at Bobrick. “It can be expensive, though, to change washrooms of existing facilities if they are not ADA compliant in the first place.”

So distributors have the opportunity to convince customers of the importance of compliance. ADA opened up new markets for products such as grab bars in washroom stalls, and as more and more businesses try to become compliant, the opportunities increase.

“A lot of the ADA is not just product,” Sullivan says. “A lot of the Act is how and where you place products so that everyone can reach them.” However, the market for ADA-specific products is growing.

The easiest way to comply with the regulations is to simply follow the guidelines included in the ADA Standards for Accessible Design, issued by the Department of Justice (DOJ). Both existing and new facilities that do not comply with ADA regulations face fines as high as $55,000 for a first offense and a $110,000 fine for any offense thereafter. Since both architects and building owners are held responsible if washrooms are not compliant, customers are at risk of being sued if they do not follow regulations.

“People can become involved in expensive lawsuits if they don’t comply,” says Muzurovic. It is also important to comply for humanitarian reasons as well. People with disabilities should have the same access to restrooms as everyone else.”

Private individuals can even sue a facility if the person feels the building is not compliant with ADA standards. He or she can either sue personally or contact the attorney general about the offense, who will then sue for the general public. Although fines are capped, facilities can be repeatedly sued until they comply.

There have been relatively few ADA-related lawsuits — only 650 in the past 5 years nationwide — compared to the 6 million businesses, 666,000 public and private employers and 80,000 units of state and local government to which the regulations apply. While the DOJ will sue if necessary the first course of action is always negotiation. Penalties are usually given to a business if “bad faith” is shown. Bad faith includes hostile acts against people with disabilities, a long-term failure to look into ADA requirements and a sustained resistance to voluntary compliance.

There is currently an ADA Notification Act before Congress, says Thomas Schmokel, an ADA consultant from Tallahassee, Fla. He says the Act requires a 90-day notification be given to a business to fix whatever is not compliant before a lawsuit is filed.

Public washrooms should be a top priority when considering people with disabilities. It is essential that washrooms be designed to reflect a wide range of human needs, including people with wheelchairs and walking aids, people with sight or hearing disabilities, impaired coordination, cardiac or pulmonary disorders and even people affected by temporary illness, pregnancy or age.

“Distributors just don’t always think about ADA compliance,” Schmokel says. “It is hard to believe that people just don’t care. When distributors know the right thing to do, they do it.”

ADA requires that every fixture and feature in a washroom be barrier-free.

“Any high-quality company should have full knowledge of ADA requirements,” says Ernie Phrampus with Bry-Tur Inc., Winter Park, Fla. “The regulations are easy to follow and most everyone nowadays is aware of them.”

ADA supports a universal design for all public facilities including washrooms. This attempts to ensure not only that facilities are accessible to people with disabilities, but that they surpass the minimum guideline requirements. A “universal” design employs products that are the same for everyone — their position or placement is merely changed to accommodate for various needs. Universal design could eliminate radically different looking items and special labels (e.g., handicapped), and the stigma associated with them, while providing choices for all users.

“We get a lot of requests for information and we try to explain the importance of remaining ADA compliant,” Muzurovic says. “However, it is up to the customer to comply.”

In order for distributors to explain the importance of ADA regulations to customers, it is important first for them to understand them. The following things need to be considered when constructing or remodeling a washroom to be ADA compliant: a clear floor space, the height of the toilet seat and the height of the grab bar. The flush handle must be reachable and the toilet paper dispenser must be reachable.

“Always follow the 48-inch rule with paper towel dispensers,” Schmokel says. “Some are mounted so that the paper towel is at 48 inches but the handle is too high. If you make sure the lever is at 48 inches it doesn’t interfere with anybody.”

Other considerations include the width of the toilet stalls, the height of the door latch, the height of the urinal, the height of the mirrors and the height of paper towel dispensers. The faucets must be reachable, piping under the sinks must be insulated and sinks must have knee clearance.

“A lot of people think only hot pipes need to be covered,” Schmokel says. “But cold water pipes need to be insulated too to protect people in wheelchairs from cutting up their legs. There are burrs on the pipes under sinks that can really do damage if not covered.”

These are only some of the requirements. If washrooms include showers there is another set of regulations. All amenities also have height requirements so a person with a disability can reach them. For example, feminine product dispensers have to be reachable, as well as baby changing stations. Everything has a specific height and width. Bathroom stalls have to be wide enough so that both right and left-handed people in wheelchairs can use the toilets.

Requirements are also very specific. There are exact coordinates of where to place things in a washroom. Most of this information is available for distributors on the Internet. There are also information lines distributors can call to learn more about ADA requirements for washrooms.

By visiting the Department of Justice ADA homepage, distributors can learn about common myths regarding ADA requirements, frequently asked questions and answers and they can also view the document that details ADA requirements for washrooms. Distributors can also call the ADA information line with questions at (800) 514-0301.

“Even though some products are made correctly, they are not always installed right,” Phrampus says. “Most items today are compliant but if you take something and mount it too high in or the wrong place it is no longer compliant.”

For example, if a toilet paper dispenser is placed directly over the grab bar in the handicapped stall, the grab bar becomes useless, Schmokel says. He says this is a new issue, and he has now seen 10 to 15 cases involving the toilet paper dispenser blocking the grab bar.

Some manufacturers provide literature to help distributors train end users. Bobrick produces a “Barrier-Free Washroom Planning Guide,” to help customers better understand ADA regulations.

Some manufacturers produce a standard letter along with excerpts of the ADA act to help the industry comply. For example, if a manufacturer sells soap dispensers they must be operable with one hand without grasping, pinching or twisting the wrist. The dispenser must work without having to apply more than five pounds of force and the dispenser must be fewer than 48 inches from the ground.

“It’s a regulation, so either you’re going to make the decision to meet the law or break it,” Sullivan says. “Most people understand that following [ADA regulation] is important.”

Another way to help more end users see the importance of compliance to make them aware of lawsuits.

“People are definitely more concerned today about ADA requirements,” Muzurovic says. “You should scare people with the lawsuits. It’s a big issue and not everyone understands they can be sued if they are not compliant. I think more people are complying today because they are scared of the lawsuits.”

For additional information on ADA regulations call:

    Disability and Business Technical Assistance Centers at (800) 949-4232 (voice and TTY)

    The U.S. Architectural and Transportation Barriers Compliance Board, or Access Board, may be contacted at (800) 872-2253 (voice) or (800) 993-2822 (TTY)

    The Disability Rights Education and Defense Fund ADA Hotline is open for ADA technical assistance at (800) 466-4232 (voice and TTY).

Amanda Tuffli is a writer who lives in Milwaukee.




POSTED ON: 12/1/2001