For purposes of defining the function of an object and its code compliance, in my opinion it is the intent of the designer that counts.
- For example, if there is a sink in a kitchen that meets CBC fig. 11B-306.3 knee clearance of 27" for a kitchen sink, but a person comes along and uses it to just wash their hands, it is not appropriate to now call it a "lavatory" requiring 29" of knee clearance.
Using a building or site component in a manner inconsistent with its designed purpose should not trigger compliance with code for a different purpose than the original design.
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Repeating the emailed response dated 7/17/2018 from the
Pacific ADA Center:
"Thank you for contacting the Pacific ADA Center. The Pacific ADA Center provides technical assistance, training, education and written materials regarding the Americans with Disabilities Act (ADA).
The ADA is a civil rights law that ensures that individuals with disabilities get afforded the same rights as everyone else in the areas of employment, state and local governments' facilities and programs, public accommodations and telecommunications.
Your reference to section 213 pertains to bathing toilet and facilities.
An outside rinsing shower is typically not considered a bathing facility and is treated differently. All the basic requirements apply (reach range, operable parts, clear floor space, connected to an accessible route). There would not be a requirement for incorporating the seat and grab bars as required in section 608.
For further information on the ADA, please contact one of our Technical Assistance Specialists between 8 AM and 5 PM Pacific Time on our toll-free hotline at 1-800-949-4232. You may also find helpful information by visiting our web site at
www.adapacific.org
The information presented in this email is intended solely as informal guidance, and is neither a determination of legal rights or responsibilities under the ADA, nor is it binding on any agency with enforcement responsibilities under the ADA."
