Whether new construction or alterations of existing facilities, the ADA has significant regulations for the locations and counts of toilet rooms and bathing rooms. 2010 ADA Standards 213, 216.8, 224.2, and 603-610 are the primary Standards for toilet and bathing room installation accessibility. The photo on the right is representative of a toilet room.

2010 ADA Standard 213.2, Toilet Rooms and Bathing Rooms, states, “Where toilet rooms are provided, each toilet room shall comply with [Standard] 603. Where bathing rooms are provided, each bathing room shall comply with [Standard] 603.” There are four (4) exceptions to this Standard. Exceptions 1 and 2 below apply to alterations. Exceptions 3 and 4 apply to new construction.

Exception: 1. “In alterations where it is technically infeasible to comply with [Standard] 603, altering existing toilet or bathing rooms shall not be required where a single unisex toilet room or bathing room complying with [Standard] 213.2.1 is provided and located in the same area and on the same floor as existing inaccessible toilet or bathing rooms."

Exception 2. “Where exceptions for alterations to qualified historic buildings or facilities are permitted by [Standard] 202.5, no fewer than one toilet room for each sex complying with [Standard] 603 or one unisex toilet room complying with [Standard] 213.2.1 shall be provided.”

Regarding Exceptions 1 and 2 above, Advisory 213.2, Toilet Rooms and Bathing Rooms, states, “These requirements allow the use of unisex (or single-user) toilet rooms in alterations when technical infeasibility can be demonstrated. Unisex toilet rooms benefit people who use opposite sex personal care assistants. For this reason, it is advantageous to install unisex toilet rooms in addition to accessible single-sex toilet rooms in new facilities.”

2010 ADA Standard 106.5, Defined Terms, states, “Technically Infeasible: With respect to an alteration of a building or a facility, something that has little likelihood of being accomplished because existing structural conditions would require removing or altering a load-bearing member that is an essential part of the structural frame; or because other existing physical or site constraints prohibit modification or addition of elements, spaces, or features that are in full and strict compliance with the minimum requirements.”

Exception 3. “Where multiple single user portable toilet or bathing units are clustered at a single location [for new construction], no more than 5 percent [5%] of the toilet units and bathing units at each cluster shall be required to comply with [Standard] 603. Portable toilet units and bathing units complying with [Standard] 603 shall be identified by the International Symbol of Accessibility complying with [Standard] 703.7.2.1.” The 5% rule applies to each type (Men, Women, or Unisex) in each cluster.

Exception 4. “Where multiple single user toilet rooms are clustered at a single location [for new construction], no more than 50 percent [50%] of the single user toilet rooms for each use at each cluster shall be required to comply with [Standard] 603.” This 50% rule applies to each type of toilet room, such as Men, Women, and Unisex. Note that Unisex toilet rooms cannot be used in these counts to substitute for Mens or Womens toilet rooms.

Regarding Exceptions 3 and 4 above, Advisory 213.2, Toilet Rooms and Bathing Rooms, Exceptions 3 and 4, states, “A cluster is a group of toilet rooms proximate to one another. Generally, toilet rooms in a cluster are within sight of, or adjacent to, one another.” Clustered toilet room or bathing rooms are those located in close proximity to each other and located on the same route or corridor. The floor plan in the diagram below represents clustered toilet rooms.

For bathing rooms, in new construction all bathing rooms must comply with the only exception being for portable units in which case the 5% rule will apply. The 50% rule never applies to bathing rooms.

2010 ADA Standard 213.3.6, Bathing Facilities, states, “Where bathtubs or showers are provided, at least one bathtub complying with [Standard] 607 or at least one shower complying with [Standard] 608 shall be provided.” This bathtub or shower can be a roll-in shower, alternate roll-in shower, transfer shower, bathtub, or combination transfer/roll-in shower (required in some transient lodging rooms). The diagram below is representative of a bathing facility with an accessible bathtub accessed using a parallel approach.

In 2010 ADA Standard 224, Transient Lodging Guest Rooms, there is a requirement for a portion of accessible guest rooms to have roll-in showers (with folding seats). Standard 224.2, Guest Rooms with Mobility Features, states, “In transient lodging facilities, guest rooms with mobility features complying with [Standard] 806.2 shall be provided in accordance with Table 224.2.” Table 224.2 is shown below.

One issue that comes up with respect to Table 224.2 is since newer hotels are moving away from tubs and toward showers, this can add units without roll in showers as required by the second column in Table 224.2, Minimum of Required Rooms Without Roll-In Showers. To make sure you have different accessible bathing options, you would have to employ Equivalent Facilitation to make sure you have ample showers with roll-in showers and seats to provide equal or greater access. Another option would be to include alternate roll-in type showers for diversity because of the extra grab bars in alternate roll-in-showers.

Signage for toilet and bathing rooms is regulated by 2010 ADA Standard 216.8, [Signs] Toilet Rooms and Bathing Rooms, which states, “Where existing toilet rooms or bathing rooms do not comply with [Standard] 603, directional signs indicating the location of the nearest toilet room or bathing room complying with [Standard] 603 within the facility shall be provided. Signs shall comply with [Standard] 703.5 and shall include the International Symbol of Accessibility complying with [Standard] 703.7.2.1. Where existing toilet rooms or bathing rooms do not comply with [Standard] 603, the toilet rooms or bathing rooms complying with [Standard] 603 shall be identified by the International Symbol of Accessibility complying with [Standard] 703.7.2.1. Where clustered single user toilet rooms or bathing facilities are permitted to use exceptions to [Standard] 213.2, toilet rooms or bathing facilities complying with [Standard] 603 shall be identified by the International Symbol of Accessibility complying with [Standard] 703.7.2.1 unless all toilet rooms and bathing facilities comply with [Standard] 603.” The graphic below is representative of signage (in Hawaii) for accessible toilet rooms.

The graphic below is representative of directional signs indicating the location of the nearest toilet room or bathing room complying with [Standard] 603.

If you observe a building, toilet room or bathing room that is not ADA compliant and you would like to know how to proceed, please see the link at What To Do When A Building Is Not ADA Compliant or Accessible.

ADA Inspections Nationwide, LLC, offers ADA/ABA/FHA accessibility compliance inspections for buildings and facilities, as applicable to the different laws, and expert witness services with respect to ADA/ABA/FHA laws for building owners, tenants and managers. Also, ADAIN offers consulting for home modifications as a CAPS consultant for people wishing to age in place in their homes. For a complete list of services please see ADAIN Services.

Thank you.