Minnesota State Council on Disability

December 8, 1993

Mr. John Wodatch
Department of Justice
Public Access Section
Civil Rights Division
P.O. Box 66738
Washington, D.C. 20035-6738

RE: Grab Bar Configuration - State of Minnesota

Dear Mr. Wodatch:

The State of Minnesota is currently involved in the process of revising 
its building code requirements as they relate to accessibility. Of 
particular concern, and an item which has developed into a major 
stumbling block, is the State's requirement for grab bar location at 
the toilet. The State of Minnesota has, for a period of 15 years or 
more, required both a horizontal and vertical grab bar at the toilet. 
Since this requirement differs from ADAAG 
guidelines, the question has arose as to how our guidelines will be 
received by the Department of Justice. It is very difficult for the 
State of Minnesota to continue in this process without some indication 
or clarification from Justice.

A diagram of our proposed guideline is enclosed. Essentially, we have 
lowered the horizontal grab bar from 33"-36" to 27"-29" and added a 
vertical grab bar component. The State Council on Disability strongly 
feels that this configuration provides equivalent facilitation and is 
in fact more restrictive than ADAAG. Our argument is that the two bars 
serve two different populations of individuals with disabilities.

The horizontal bar is used primarily by persons who use wheelchairs. 
This population requires that the point of leverage be just above the 
seat height of the wheelchair. We also recognize the need for the 
toilet paper dispenser to be located below the horizontal grab bar,so 
that it does not interfere with usage of the grab bar. Therefore, the 
27"-29" range in mounting height of the horizontal grab bar.

To compensate for lowering the horizontal grab bar, and to facilitate 
ambulatory individuals, a vertical bar is used in conjunction with the 
horizontal bar. The vertical grab bar is mounted approximately 12" in 
front of the toilet bowl with a minimum of 3" clearance between the 
horizontal bar and the lower end of the vertical bar (this is to allow 
someone to slide their

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hand along the horizontal bar without interruption). The vertical bar 
is used primarily by ambulatory individuals who require assistance 
going from a standing position to a sitting position, and vice versa.  
With the wrist in a vertical position on the vertical grab bar, an 
individual has much more strength and leverage to raise or lower 
oneself.

We feel that this combination grab bar configuration serves an expanded 
population of individuals with disabilities. If the horizontal bar is 
raised to the 33"-36" ADAAG range, many wheelchair users will not be 
able to benefit from its provision because the raised leverage point 
will require too much strength. Likewise, ambulatory individuals have a 
more difficult time raising or lowering themselves with their wrists in 
a horizontal position.

The State of Minnesota has held 12 informational sessions on its 
proposed building code.  Much discussion has occurred regarding the grab 
bar configuration. There are legitimate liability concerns involved in 
deviating from ADAAG without comment from your office.  Although 
builders, architects and building officials concur with the logic of 
the grab bar configuration, the liability concerns remain.

We are basically at a stand still in this process. It will be very 
difficult for the State of Minnesota to continue with its efforts to 
develop a building code that is in compliance with ADAAG without 
resolving this grab bar issue. In order to proceed with the code change 
without comment from the Department of Justice, we would have to 
concede our grab bar configuration and follow ADAAG. A significant 
number of individuals with disabilities would be greatly disadvantaged 
if they had to loose their grab bar configuration. The Council
on Disability has received many letters of support from the disability 
community regarding this issue. Comment from your office would be 
greatly appreciated and is urgently needed.

We do not feel that the inclusion of the vertical grab bar is in 
question as it clearly exceeds ADAAG in that it is not required. What 
we must have answered is whether lowering the horizontal grab bar and 
including the vertical component would be considered equivalent 
facilitation by the Department of Justice.

Thank you in advance for your consideration in this matter. Please 
contact me as soon as possible with any comments, questions or 
concerns.

Sincerely,

Curt Wiehle
Accessibility Specialist

enclosure

01-03036

DIVISION AND MN STATE COUNCIL ON DISABILITY

                Dimension to centerline of grab bar

                 (full page diagram)

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