Accessible stall toilet seat height "too low"

[greenbubba]

I received a request for accommodation;

"...cannot use the bathrooms on campus since the toilet seat is too low in the accessible stalls and [she/he] cannot rise from a seated position."

• I'm at a loss, since changing the seat height within an accessible stall would bring us out of compliance with 117.1
  
• If there is a way to accommodate the user while not jeopardizing accessibility for others, I'm happy to facilitate the request. To do so I'm assuming we'd have to come up with a booster seat or powered seat that rises and tilts. Can't imagine we can do this for multiple stalls, but perhaps we could for a centrally located unisex stall.
  

Am I missing a simple solution? Anyone addressed this in the past?

 

[mtlogcabin]

19 inches is the maximum height, anything above that and the water closet is out of compliance.

If they are asking for a seat height higher than 19 inches you can not comply with the request.

Not a campus problem it is the individuals problem.

 

[conarb]

JFYI, when ADA first came out the toilets were so high that nobody like them, even those in wheelchairs found them too difficult to use, eventually they came out with the 19" rule and all the high ones had to be replaced, I know I replaced several in a chain of gas stations.

 

[mark handler]

From the commentary on the ADA in the Federal Register upon publication:

The title III rule

published in 2010 provided that on or after March 15, 2012, public

accommodations must generally use the 2010 Standards as the benchmark

for their ongoing obligation to remove architectural barriers in

existing facilities to the extent such compliance is readily

achievable. 28 CFR 36.304(d)

And now the actual federal law quoted:

§ 36.304 Removal of barriers.

(a) General. A public accommodation shall remove architectural barriers in existing facilities, including communication barriers that are structural in nature, where such removal is readily achievable, i.e., easily accomplishable and able to be carried out without much difficulty or expense.

(b) Examples. Examples of steps to remove barriers include, but are not limited to, the following actions—

(1) Installing ramps;

(2) Making curb cuts in sidewalks and entrances;

(3) Repositioning shelves;

(4) Rearranging tables, chairs, vending machines, display racks, and other furniture;

(5) Repositioning telephones;

(6) Adding raised markings on elevator control buttons;

(7) Installing flashing alarm lights;

(8) Widening doors;

(9) Installing offset hinges to widen doorways;

(10) Eliminating a turnstile or providing an alternative accessible path;

(11) Installing accessible door hardware;

(12) Installing grab bars in toilet stalls;

(13) Rearranging toilet partitions to increase maneuvering space;

(14) Insulating lavatory pipes under sinks to prevent burns;

(15) Installing a raised toilet seat;

(16) Installing a full-length bathroom mirror;

(17) Repositioning the paper towel dispenser in a bathroom;

(18) Creating designated accessible parking spaces;

(19) Installing an accessible paper cup dispenser at an existing inaccessible water fountain;

(20) Removing high pile, low density carpeting; or

(21) Installing vehicle hand controls.

© Priorities. A public accommodation is urged to take measures to comply with the barrier removal requirements of this section in accordance with the following order of priorities.

(1) First, a public accommodation should take measures to provide access to a place of public accommodation from public sidewalks, parking, or public transportation. These measures include, for example, installing an entrance ramp, widening entrances, and providing accessible parking spaces.

(2) Second, a public accommodation should take measures to provide access to those areas of a place of public accommodation where goods and services are made available to the public. These measures include, for example, adjusting the layout of display racks, rearranging tables, providing Brailled and raised character signage, widening doors, providing visual alarms, and installing ramps.

(3) Third, a public accommodation should take measures to provide access to restroom facilities. These measures include, for example, removal of obstructing furniture or vending machines, widening of doors, installation of ramps, providing accessible signage, widening of toilet stalls, and installation of grab bars.

(4) Fourth, a public accommodation should take any other measures necessary to provide access to the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation.

 

[greenbubba]

So Mark's response led me to look up the definition of 'readily achievable';

Readily achievable means easily accomplishable and able to be carried out without much difficulty or expense. In determining whether an action is readily achievable factors to be considered include –

• (1) The nature and cost of the action needed under this part;
  
• (2) The overall financial resources of the site or sites involved in the action; the number of persons employed at the site; the effect on expenses and resources; legitimate safety requirements that are necessary for safe operation, including crime prevention measures; or the impact otherwise of the action upon the operation of the site;
  
• (3) The geographic separateness, and the administrative or fiscal relationship of the site or sites in question to any parent corporation or entity;
  
• (4) If applicable, the overall financial resources of any parent corporation or entity; the overall size of the parent corporation or entity with respect to the number of its employees; the number, type, and location of its facilities; and
  
• (5) If applicable, the type of operation or operations of any parent corporation or entity, including the composition, structure, and functions of the workforce of the parent corporation or entity.
  

Based upon that, it seems legitimate to consider the buildings this person uses and provide some sort of removable booster seat to raise the seat height. I don't think it's readily achievable to provide both a 19" max seat and a higher seat in every restroom.

 

[mtlogcabin]

It is not up to you to provide a booster seat that raises the seat height to more than 19 inches.

You met ADA 36.304 (15) when you installed a compliant water closet.

 

[greenbubba]

It is not up to you to provide a booster seat that raises the seat height to more than 19 inches.You met ADA 36.304 (15) when you installed a compliant water closet.

Thanks, I get what you are saying. This is something we might do beyond compliance in one specific stall convenient for this person.

However, I can imagine a lawyer arguing "306.4 (15) Installing a raised toilet seat;" does not indicate 19" as the highest a raised seat must go, and that providing a booster is "readily achievable" for our institution. At the same time if it got to that point (attorneys) we would certainly provide one. We certainly aren't structured so that every special case is easy, on the other hand we want to welcome all as part of our mission. It does get a little nebulous, when the disability begins to approach the point of needing a Personal Care Attendant.

 

[steveray]

If they can't use a toilet, let them use a urinal...

 

[mark handler]

If they can't use a toilet' date=' let them use a urinal...[/quote']To do number two? Really?

 

[ADAguy]

Green, ADA allows for "custom" alternatives over and above minimums where it is in the best interest of the user,

 

[steveray]

To do number two? Really?

Sure.....why not? If the women can use them...http://gothamist.com/2011/07/19/welcome_to_the_future_meet_pollee_t.php#photo-1