T.

7-13-93

DJ 202-PL-595 JUL 21 1993

Ms. Pat McPartland

Code Specialist
Office of the State Architect
Department of General Services
State of California
400 P Street, 5th Floor
Sacramento, California 95814

Dear Ms. McPartland:

I am responding to your letter concerning the application of

title III of the Americans with Disabilities Act (ADA), 42 U.S.C.
​ 12101 et seg., and the Department of Justice regulation
implementing title III, 28 C.F.R. pt. 36 (1992), to the design
and construction of facilities that are subject to title III and
to the requirements of the California State Building Code.

The ADA authorizes the Department of Justice to provide

technical assistance to individuals and entities that have rights
or responsibilities under the Act. This letter provides informal
guidance to assist you to understand the ADA. However, this
technical assistance does not constitute a determination by the
Department of your rights or responsibilities under the ADA, and
it is not binding on the Department.

Your letter states that the State of California recently

amended its State Building Code and that the State plans to seek
ADA certification of the amended code. You have asked if, in the
interim period between the effective date of the amended State
code and the date of this Department's determination on the
request for certification, the Department will regard compliance
with the California State Building Code as compliance with the
ADA.

Title III of the ADA requires all places of public

accommodation and commercial facilities that are designed and
constructed for first occupancy after January 26, 1993, and those
that are altered after January 26, 1992, to comply with the
Standards for Accessible Design (28 C.F.R. pt. 36, Appendix A)
contained in the Department of Justice regulation implementing
title III. Title II does not, however, preempt all State

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

n:\udd\blizard\cert\calif.ta

01-02453

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regulation in the area of accessible design. States may enact

and enforce code provisions that provide equal or greater access
than the ADA Standards. However, if the State code provisions
differ from the ADA requirements in a way that results in less
accessibility, then an entity subject to title III is required to
comply with the Federal standard.

Congress recognized that individuals involved in the design

and construction of facilities subject to the Act may want to be
able to rely on compliance with State or local codes as a "safe
harbor." Therefore, title III permits the Department of Justice,
in response to a request from a State or local government, to
certify that the accessibility provisions of a State or local
building code meet or exceed the requirements of the ADA.
Certification of a code by the Department does not ensure that a
facility constructed in compliance with the code will comply with
the ADA, but it does enable a party in litigation that alleges a
violation of title III to point to compliance with a certified
code as rebuttable evidence of compliance with the ADA.

Compliance with a State code can be offered as evidence of

compliance with the ADA only after the State code has been
certified. Until the code has been certified, individuals
responsible for the design, construction, or alteration of
facilities subject to title III must ensure that those facilities
meet or exceed the minimum requirements of the ADA standards.

You have also asked if the Department will undertake an

informal review of the State code to identify any areas of
conflict with the ADA, so that entities subject to the California
code may rely on that code while the State's request for
certification is pending. Although the Department does provide
technical assistance to State governments that plan to seek
certification, the Department does not have the resources
available to undertake reviews of completed codes prior to a
formal request for certification. This type of "informal" review
cannot be substituted for the formal review process (including
the opportunity for public comment) that must precede a
preliminary determination of equivalency, and it could not
support the use of the State code as a "safe harbor" until
certification is obtained.

Your letter did ask for technical assistance about one

particular issue: the California specifications for a roll-
in/transfer shower stall in hotel rooms (hereafter referred to as
the "California shower"). You asked if the California shower
design is equivalent to the accessible shower stalls required by
the ADA. The California shower is 42 inches wide and 48 inches
deep, with an entrance opening of 36 inches. A folding seat is
located on the wall opposite the controls. There is a 36 inch by
48 inch clear space at the entrance to the shower.

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The design of the California shower varies significantly

from the shower designs allowed by the ADA Standards for
Accessible Design (28 C.F.R. pt. 36, Appendix A, ​ 4.21 and
9.2). The most significant differences in the designs are the 42
inch width of the shower and the lack of the required 30" by 48"
clear floor area adjacent to and perpendicular to the shower
seat.

The 36 inch width specified for the ADA transfer shower in

section 4.21 is absolute; it is not a minimum dimension. The
California shower width of 42 inches will make it difficult, if
not impossible, for many people to reach and use the controls or
the showerhead while seated on the bench. The appendix to the
ADA Standards (Fig. A3(a)) illustrates that the maximum forward
reach of a person seated in a wheelchair is 31 inches from the
centerline of the individual's body and approximately 36 inches
from the backrest of a wheelchair. This reach is possible when
an individual is able to grasp the wheel rim of the chair and
lean forward to extend his/her reach out over his/her feet, which
are resting on footplates and support this reach. The required
reach to use the California shower could be up to 42 inches from
the wall at the back of the seat to the controls and showerhead
on the opposite wall. This reach is 6 inches beyond the 36 inch
reach allowed in the ADA Standards for a person seated in a
wheelchair. The difficulty of achieving this reach would be
further complicated by the fact that it occurs in a shower, a wet
and generally less supportive environment than an individual's
own wheelchair.

The clear floor area required in the California shower is

not located adjacent to the transfer seat as required in the ADA
Standards. Although the California shower requires a 36 inch by
48 inch clear floor area, the space is allowed to be 12 inches
away from the transfer seat, not located immediately adjacent and
perpendicular to the bench as required in the standards. These
problems are further complicated by the provision in Section
3105.(b.1) 1 B.(1) that states "(c)ompartments shall be 42 inches
in width... with an entrance opening width of 36 inches.
Although it is unclear where this opening may be located, if it
is located between the clear floor area and the shower seat, the
36 inch entrance opening would further obstruct an individual's
ability to transfer from a wheelchair to the shower seat.

I hope that this information is responsive to your inquiry.

Sincerely,

John L. Wodatch
Chief
Public Access Section

DEPARTMENT OF GENERAL SERVICES SATE OF CALIFORNIA PETE

WILSON
GOVERNOR
OFFICE OF THE STATE ARCHITECT
400 P Street, 5th Floor, Sacramento 95814
(916) 323-0291

April 13, 1993

Mr. John Wodatch, Chief

Public Access Section
Department of Justice
P. 0. Box 66738
Washington, D. C. 20035-9998

Dear Mr. Wodatch:

The Office of the State Architect (OSA) has responsibility for building
standards for accessibility in California. California has just
completed the process of adopting new regulations for accessibility into the
California State Building Code. The purpose of the new regulations is to bring
California's accessibility requirements up to the standard in 'the American's
with Disabilities Act Accessibility Guidelines (ADAAG). OSA will be submitting
this new code to the Department of Justice (DOJ) for certification as ADAAG
equivalent momentarily. However, it is our understanding that the
certification process can be lengthy, and the building community in California
has expressed some concern that they may place themselves in jeopardy if they
use an uncertified code to conform to ADAAG in the interim.

Throughout this code adoption process in California, a

process which has taken two years to complete, the staff of OSA has been in
close touch with both DOJ and the Architectural and Transportation Barriers
Compliance Board (ATBCB) and OSA is confident that our new code meets all
requirements for certification. OSA is concerned about the difficulty caused
to builders and building officials in complying with and enforcing two
separate building codes, and we would like to assure them both that use of
California's code alone will suffice. We have two requests of DOJ to help us
during this difficult interim period.

1. ADAAG "safe harbor" by use of California regulations.

We understand that DOJ is in an awkward position as far as guaranteeing a
code without opportunity for adequate review. While you may not
feel comfortable assuring California code users that using the code
would provide a "safe harbor" against any objections. We would appreciate it
if you could informally review the attached code and let us know of
any conflicts that might jeopardize certification. In addition, any
comments you could make on how compliance with California regulations might be
viewed by DOJ or the courts in case of complaint would be appreciated.

01-02456

Mr. John Wodatch, Chief -2- April 13, 1993

2. Design for accessible showers in hotel rooms. A particular issue which is
of concern to the hotel industry, concerns the design of accessible showers
in hotel rooms. There have been requirements for accessible showers in
California since 1982. (Specifications are enclosed). This shower design
has proven very satisfactory in use. It allows the user the option of
either roll-in or transfer to a seat, and provides comfortable space for
both.

The options for accessible showers shown in ADAAG have

problems, in our opinion. There are several designs, and each of them has
critical flaws. It is our opinion that the California shower is more stringent
than the ADAAG showers, and we have thus retained it as our standard.

The hotel industry needs some assurance that compliance

with the California shower fully meets the obligation of ADAAG, or they feel
threatened. This is an architectural feature that would not be easy to change.
We would appreciate it if DOJ would review the California design, and provide
a written response that would increase the comfort level of the hotel industry
on this issue. We could of course accept these showers as equivalent
facilitation, but this is a cumbersome process which does not always lead to a
satisfactory resolution of conflict. Our preference is your agreement that the
California standard is equally valid.

Thank you for your help in both these matters. We would appreciate a response
as quickly as possible, so that we can proceed with confidence
in this important endeavor.

Sincerely,

Pat McPartland
Code Specialist
Access Compliance Section

PM:mlg

Enclosures (shower requirements and draft of final

regulations)

cc: James 0. Abrams, California Hotel/Motel Association

Irene Bowen, DOJ, Washington, D. C.
Janet Blizard, DOJ, Washington, D. C.
Ellen Harland, DOJ, Washington, D. C.
Ruth Lusher, DOJ, Washington, D. C.

April 19, 1993

ACCESSIBLE ROLL-IN SHOWER

TITLE 24, PART 2, CALIFORNIA BUILDING CODE

SECTION 3105. (b.1) I B. Compartment Showers. Compartment showers shall

conform to the following requirements:

(1) Compartments shall be 42 inches in width between wall surfaces and 48

inches in depth with an entrance opening width of 36 inches. Grab bars shall
comply with Subsection 3105. (b.1) 2 H.

(2) When a threshold or recessed drop is used, it shall be a maximum of 1/2

inch in height and shall be beveled or sloped at an angle not exceeding 45
degrees (100 percent gradient) from the horizontal.

(3) The shower floor shall slope toward the rear to a drain located within 6
inches of the rear wall. Maximum slope of floor shall be 1/2 inch per foot in
any direction. The floor surfaces shall be of Carborundum or grit-faced tile
or of material providing equivalent slip-resistance.

(4) Shower accessories shall include:

a. A folding seat located on the wall opposite controls and mounted 18 inches
above the bathroom floor.

NOTE: See Figure 31-2A.

b. Grab bars located on walls adjacent to and opposite the seat. Grab bars
shall also comply with the diameter, loading and projection requirements of
Subsection 3105. (b.1) 2 H. L-shaped shower grab bars, otherwise meeting the
requirements of Subsection 3105. (b.1) 2 H, shall be not less than 24 inches x
36 inches in length positioned on the wall of the shower. The 36 inch side
shall extend on the wall having the shower head and controls. Grab bars shall
be mounted 33 inches to 36 inches above the shower floor.

NOTE: See Figure 31-2A.

c. Soap dish shall be located on the control wall at a maximum height of 40

inches above the shower floor.

01-02458

(5) Enclosures, when provided for shower stalls, shall not obstruct transfer
from wheelchairs onto shower seats.

ACCESSIBLE SHOWERS
TITLE 24, PART 5, CALIFORNIA PLUMBING CODE

Sec. 1505

(a) Water controls of a single ever design shall be located on the side
wall opposite the seat and operable with a maximum force of 5 pounds per
foot. The controls shall be located 40 inches above the shower floor.

(b) A flexible hand held shower unit with a hose at least 60 inches long
shall be provided with head mounting height of 48 inches above the shower
floor.

(c) Where handicapped shower facilities are provided in areas subject to

excessive vandalism, in lieu of providing the fixed flexible hose and
hand-held shower head required above two wall mounted shower heads
shall be installed. Each shower head shall be controlled so that it can
be operated independently of the other and shall have swivel angle
adjustments, both vertically and horizontally. One shower head shall be
 located at a height of 40 inches above the floor.

(d) Where, within the same functional area, two or more showers are
provided for the physically handicapped, there shall be at least one
shower constructed opposite hand from the other or others(i.e., one left
hand controls vs. right hand controls).

01-02459

SHOWER STALL DIAGRAM

PLAN
SECTIONS A & B

This diagram illustrates the specific requirements of these regulations and is

Intended only as an aid for building design and construction.
01-02460