Can a "reasonable accommodation" violate prescriptive requirements?

[Yikes]

I am working to make some existing public housing ADA compliant.
We have one resident that is blind and has limited mobility, such that it is difficult to transfer in and out of a normal ADA-compliant bathtub.
She wants us to replace the bathtub with a walk-in shower, but she does not want the typical 1/2" threshold, because she can't see or control when water is spilling into the bathroom.
She wants a 4" threshold, which does not meet ADA.

Can we build her a shower with a 4" threshold under the guise of "reasonable accommodation", and still have the unit be considered as having met our min. 5% mobility accessible unit requirement?

 

[e hilton]

I am working to make some existing public housing ADA compliant.
We have one resident that is blind and has limited mobility, such that it is difficult to transfer in and out of a normal ADA-compliant bathtub.
She wants us to replace the bathtub with a walk-in shower, but she does not want the typical 1/2" threshold, because she can't see or control when water is spilling into the bathroom.
She wants a 4" threshold, which does not meet ADA.

Can we build her a shower with a 4" threshold under the guise of "reasonable accommodation", and still have the unit be considered as having met our min. 5% mobility accessible unit requirement?

I think anyone who opposes that deserves to be all over the 6:00 news, in the “on your side” episodes.

 

[Yikes]

I think anyone who opposes that deserves to be all over the 6:00 news, in the “on your side” episodes.

Yes, but I live in a state that is home to 90% of all ADA lawsuits, and this owner has been sued before. They are hyper-sensitive to a shakedown lawsuit by someone who doesn't care if they are on the 6:00 news or not, as long and they get their share of the settlement.

 

[Joe.B]

How about a code compliant accessible walk in shower with the addition of a removable curb? Not sure how practical that is, but designing it in such a way where it is very easy to convert it back to a fully compliant setup might help.

 

[Yikes]

How about a code compliant accessible walk in shower with the addition of a removable curb? Not sure how practical that is, but designing it in such a way where it is very easy to convert it back to a fully compliant setup might help.

Good idea!

Also, in my darker moments, I've occasionally considered that ADA and CBC 11B do not list any minimum depth/height for a tub - - they just describe height of the seat in a tub, as well as associated grab bars.
In theory, I could custom build an ADA-compliant "tub" out of tile, with a 4" deep pool, and it would function just like a walk-in shower with a 4" threshold.

 

[steveray]

Good idea!

Also, in my darker moments, I've occasionally considered that ADA and CBC 11B do not list any minimum depth/height for a tub - - they just describe height of the seat in a tub, as well as associated grab bars.
In theory, I could custom build an ADA-compliant "tub" out of tile, with a 4" deep pool, and it would function just like a walk-in shower with a 4" threshold.

Never could reconcile an accessible tub "transfer" wall height vs. 1/2" transfer shower threshold.....

 

[north star]

# ~ # ~ #

Yikes, ...if the client wants a 4" curb now; and looking forward
long term, what if she requires wheelchair access in the future ?
Can you design a "lowered pool type shower" with a ramp ?

# ~ # ~ #

 

[tbz]

Not sure of the makeup of the buildings floor system, but what about a sunken tub per se, with floor grating in the shower and maybe an audible water sensor for overflowing water.

Or something in that direction.

 

[mark handler]

Is there another "bathroom" that can be fully accessible?

Can the curb be placed so the unit can be considered "adaptable"?

Do all units need to be fully accessible, or can some be partially accessible?

 

[Yikes]

Is there another "bathroom" that can be fully accessible?

Can the curb be placed so the unit can be considered "adaptable"?

Do all units need to be fully accessible, or can some be partially accessible?

Without giving away too much client confidentiality, this is part of a settlement agreement where the financier has agreed to make a certain number of units in their portfolio mobility accessible.
"Adaptable" will not comply with the settlement agreement.

This resident previously agreed having her unit made accessible, which she thought would make her life easier. Now she regrets it.
We may have to relocate her to an adaptable unit elsewhere on the property.