Pmi Headquarters Pluming 800 Roosevelt Rd., Bldg. C, Suite 20 Manufacturers Glen Ellyn, IL 60137-5833 Institute 708/858-9172 Facsimile 708/790-3095 Government Affairs 1655 North Fort Myer Drive, Suite 700 Arlington, VA 22209 703/351-5295 September 2, 1993 Ms. Irene Bowen, Deputy Director Civil Rights Division U.S. Department of Justice 1425 New York Ave. N.W. Room 4053 Washington, D.C. 20530 Dear Ms. Bowen: In remarks before our organization last fall you suggested we identify field enforcement problems associated with regulations promulgated under the ADA. We have tried to isolate some major concerns. Following are those problems associated with regulations affecting water coolers and fountains. We may be sending other concerns at a later date. The purpose is to ask for clarification and/or a specific interpretation on these issues. Following is a description of those items which have caused the greatest confusion with respect to interpretation of the regulations directed at water fountains and coolers: A. The purpose of Section 4.15.3 Spout Locations appears to be to make the water flowing from a drinking, fountain or water cooler accessible to the user. The last sentence of the section states: "On an accessible drinking fountain with a round or oval bowl, the spout must be positioned so the flow of water is within 3 in (75 mm) of the front edge of the fountain. The language of the section is taken directly from ANSI A117.1 with the last sentence added. This sentence is creating, confusion. Some of the field interpretations encountered are: 1.) The language of the entire section has been interpreted to apply to round or oval bowls only. 2.) The language has been interpreted to apply only to round or oval "dish" receptors set on an arm extending out from the wall or pedestal. 3.) It has also been interpreted to apply to a receptor of any exterior shape, if a depression in the receptor were round or oval. h:\...\pmi\stand\adaag.902 The National Trade Association of Plumbing Products Manufacturers Xx (b)(6) 4.) It is also being interpreted to apply in every instance whether the bowls are round, oval or otherwise. The last sentence of the regulation is not necessary and merely adds confusion. We request deletion of the last sentence of Section 4.15.3. If this is not possible, we request an interpretation of the last sentence. B. Section 4.15.5 Clearances deals with minimum clearance for knee space and accessible floor space of water cooler installations. Section 4.4.1 Protruding Objects - General provides general requirements for protruding objects. The language and drawings of 4.15.5 seem to be straightforward. The sentence in section 4.4.1 which states: "Objects mounted with their leading edges at or below 27 in (685 mm) above the finished floor may protrude any amount..." also appears to be compatible with 4.15.5. Yet, inspectors in the field are having a difficult time interpreting between the two sections. We very much need an interpretation clearly stating that accessible drinking fountains and coolers installed in accordance with Section 4.15.5 also meet the requirements of Section 4.4.1. C. Section 4.1.3 (10) (a) specifically allows "hi-lo" fountains to accommodate those in wheelchairs and those who have trouble bending or stooping. These "hi-lo" fountains appear to be considered one unit for the purposes of Section 4.1.3. The "hi" section of the fixture (fountain) could protrude more than 4 inches from the wall and would be higher than 27 inches above the floor. This appears to create a direct conflict with Section 4.4.1. We believe the intent of Section 4.1.3 (10) (a) should, in this case, negate the literal requirements of Section 4.4.1. Could we please have a specific interpretation on this issue? D. Section 4.15.5 (1) Clearances (of drinking fountains and water coolers) and the associated drawings 27 (a) and (b) are creating confusion in the field because of the use (or lack of use) of the words "maximum" and "minimum." Is the intent to hold designers to a range of 17-19 inches, or is the intent to have at least (minimum) 17 inches clearance for accessibility? We would request an interpretation on this issue. We believe that the intent would be best served by adding the word "minimum" to the range of 17-19 inches and to the drawings, 27 (a) and (b). E. Section 4.1.3 (10) (a) mentions, "providing one fountain at a standard height for those who have difficulty bending;" but we cannot find dimensions or recommendations on the height for these higher fountains. Our own recommendation is 37 inches minimum to 43 inches maximum. Is there something else in the regulations relating to this issue we have missed? What process is available to add the height requirements for the higher fountains? h:\...\pmi\stand\adaag.902 2 01-02875 We appreciate the opportunity to submit these concerns for your review. We are not specifically familiar with interpretation procedures. Could you supply us with specific information on the procedure? Similarly, could you tell us what avenue(s) are open to requesting specific changes in the language of the regulations? If any of the above issues are unclear to your staff, we would be happy to supply them with more detailed information and drawings to illustrate the concerns. Also, we would be pleased to meet with you or your staff to further explain these issues. Sincerely, Richard W. Church, President File: 93 IR-ADAAG h:\...\pmi\stand\adaag.902 3 01-02876