Frequently Asked Questions

Requirement 7

Q. The kitchens in a covered multifamily dwelling all include an island in the middle of the clear floor space. The island is 4 feet by 6 feet and includes a cooktop and a butcher block. The distance between the island and the opposing kitchen base cabinets on all sides is 36 inches. Is this design permissible under the Accessibility Guidelines?

A. The Guidelines require that kitchens have at least a 40 inch clearance between counters and all opposing base cabinets, counter tops, appliances or walls. Here there is only 36 inches between the kitchen base cabinets and the island; therefore the design does not meet the design requirements of the Guidelines.


Q. An architect asks whether a "U" shaped kitchen which only provides a parallel approach to the dishwasher is acceptable under the Guidelines?

A. Yes. The Guidelines state that a parallel or forward approach at the oven, dishwasher, or refrigerator is acceptable. However, the kitchen must meet the minimum requirement of having clear floor space of at least 30 inches by 48 inches in front of each appliance. The Guidelines also require a clearance of at least 40 inches between counters and all opposing base cabinets, counter tops, appliances or walls.


Q. When is a 60-inch turning radius required in a kitchen?

A. In a "U" shaped kitchen with the sink or cooktop at the base of the U, the base cabinets under the sink or cooktop must be removable or a 60-inch turning radius must be provided.


Q. A builder, prompted by concerns for safety, has installed gas ranges that have controls located at the rear of the range. Does this range meet the provisions of the Guidelines?

A. Yes. The Final Guidelines do not address the placement of controls on ranges or cooktops.


Q. What is meant by a "usable" bathroom?

A. The Fair Housing Act requires usable kitchens and bathrooms "such that a person in a wheelchair can maneuver about the space." The Department interprets this to mean that a person in a wheelchair would be able to enter the bathroom, close the door, use all of the fixtures, and exit.


Q. Are all bathrooms required to be accessible?

A. Not necessarily. The Guidelines apply to full bathrooms, that is a bathroom having a water closet (Toilet), lavatory (sink), and bathtub or shower. Bathrooms having a single fixture or just a water closet and lavatory would not, in most case, be covered. The exception is when this type of bathroom (usually referred to as a "powder room") is the only toilet facility on the accessible level of a covered multistory-dwelling unit. In addition, in dwelling units having more than one bathroom, the Guidelines provide two sets of specifications which may be followed, and the second set requires that only one of the bathrooms in a dwelling unit having multiple bathrooms, be accessible.


Q. A disabled person has contracted for the purchase of a dwelling unit that contains two full baths-one in the master bedroom and one off a hallway. The bathroom in the hallway includes adaptive design features. The bathroom in the master bedroom is on an accessible route, and the door provides a 32" nominal clear width. The interior of the bathroom, however, does not allow sufficient space for a wheelchair to enter, shut the door, use the fixtures and exit. The disabled person has told the builder that both bathrooms must be usable. The builder disagrees. Who is correct?

A. The Guidelines provide two sets of "usable bathroom" specifications. In terms of the above situation, to meet the Act's requirements for usable bathrooms, the Guidelines provide that in units with more than one bathroom, all bathrooms in a dwelling unit must comply with the first set of specifications, OR at least one bathroom must comply with the second set of specifications, and all other bathrooms must be on an accessible route, and must have a usable entry door in accordance with the Guidelines for Requirements 3 and 4. Thus, if the builder has designed the bathroom in the hallway to meet the detailed requirements of the second set of specifications in the Guidelines, then it is correct that the bathroom in the master bedroom need only be on an accessible route and provide the required clear width for the entry door.


Q. What is the requirement for usable bathrooms if there is only one bathroom in the dwelling unit?

A. The Final Guidelines provide that if there is only one bathroom in the dwelling unit either of the two sets of specifications provided may be followed to make that bathroom usable.


Q. If a multistory dwelling unit in an elevator building has only a powder room on the first floor, which is the accessible level, must the powder room be usable?

A. Yes. In multistory dwelling units having no full bathroom on the first/accessible level, the powder room must meet the requirements for usable bathrooms, and either set of specifications may be used. In addition, all bathrooms, including powder rooms, which are required to be usable, must meet the requirements for grab bar reinforcement (Requirement 6) as well as the requirements for usability (Requirement 7).


Q. Must covered dwelling units have the water closets or lavatories specifically designed for disabled persons?

A. No. The Guidelines do not specify the height or design of the water closet or the design of the lavatory. However, the second set of specifications for usable bathrooms does set some specific distance requirements between the toilet or lavatory and adjacent fixtures or walls and establishes height requirements for the lavatory.


Q. Can bathroom cabinets be built down to the floor?

A. Yes. The Guidelines do not preclude a bathroom design that has cabinets built down to the floor. The Guidelines offer two sets of specifications. Under both sets of specifications, if the necessary maneuvering or clear floor space is provided, it is acceptable to have a cabinet built down to the floor. The first set of specifications does provide, however, that if there is not sufficient space to provide a parallel approach to the lavatory, then the cabinets under the lavatory must be removable .


Q. Is it permissible to have a door open into the clear floor space inside the bathroom?

A. Yes. Doors may swing into the clear floor space provided at any fixture space required specifications if the maneuvering space or clear floor under either of the two sets of is met.




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