BCAB #1692 - Accessibility of water closets, Sentence 188.8.131.52.(1), 184.108.40.206.(3)(a) and 220.127.116.11.(8)
March 17, 2011
Re: Accessibility of water closets, Sentence 18.104.22.168.(1), 22.214.171.124.(3)(a) and 126.96.36.199.(8)
The project in question is a building of mixed use, containing both accessible and non-accessible washrooms.
Reason for Appeal
Toilet paper dispensers are installed in the accessible washrooms below the grab bar, and also installed in the non-accessible washrooms.
The appellant contends the accessible toilet compartments have code compliant clearance from the center line of the toilet to the wall as required by 188.8.131.52.(3)(a). There is no clearance requirement for this dimension in a non-accessible toilet compartment. In either case, the code does not require this space to be free of obstructions. The toilet is accessible for use, cleaning and maintenance as required by 184.108.40.206.(1). The toilet paper dispenser is installed in compliance with 220.127.116.11.(8).
Building Official's Position
The building official maintains the wall spaces adjacent to a toilet must be free of obstruction to ensure the fixture is accessible for use, cleaning, and maintenance as required by 18.104.22.168.(1). This applies equally to an accessible or a non-accessible washroom.
Appeal Board Decision #1692
It is the determination of the board that the toilet paper dispensers as installed do not impair the use, cleaning and maintenance of the water closet as required by Sentence 22.214.171.124.(1). The location of the toilet paper dispenser is in compliance with Sentence 126.96.36.199.(8) and the water closet is installed in accordance with Clause 188.8.131.52.(3)(a).
George Humphrey, Chair