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