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Daycare Center and Family Home Forum>Anyone, Everyone, Somebody.........ADA Help!
ljohnson81 07:11 PM 04-10-2017
Anyone that owns a center or a FCC that similar to center or anyone with knowledge regarding requirements for ADA restrooms. I converted a doctor's office into a daycare. I had a visit from the building inspector today who tells me that the pre existing ADA restroom needs to be updated. He tells me I need toilets with the flush on the opposite side, etc. Upon my research I found that since the building will be used for child care that ADA restrooms are not required because the restroom is not for public use. The already existing ADA restroom will be used for my toddlers. Can anyone shed some knowledge....or do I have to update for regulations? Btw....I never needed a building permit before so if I had to update the restroom he stated I would have to get one.
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Rainbow 08:21 PM 04-10-2017
Can't help you with the ADA rules, but chances are, that if you hire someone to fix the bathroom for you, that they will take care of the permits for you. That has been my experience with various home repairs anyway.
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ljohnson81 09:41 PM 04-10-2017
Originally Posted by Rainbow:
Can't help you with the ADA rules, but chances are, that if you hire someone to fix the bathroom for you, that they will take care of the permits for you. That has been my experience with various home repairs anyway.
I understand that IF I decided to hire a licensed plumber and construction worker that the permits will be done by them. However, what upsets me is that I already completed my construction on the building and this new building inspector/guy comes around (even though I didn't need a building permit) decides he will stop by and tell me I need to get a permit so he can sign off. Even though I didn't need a permit several months ago I was required by the city to submit a floor plan and NOTHING was said about this....excuse me if I sound like I'm ranting (which I'm really am) but it's so frustrating!
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Pestle 11:57 AM 04-11-2017
I used to just follow this when designing ADA restrooms in my former career. I was not aware that day care centers are exempt from the code; can you point me to where you found that information?

See this link for relevant information from ada.gov:
Privately-run child care centers -- like other public accommodations such as private schools, recreation centers, restaurants, hotels, movie theaters, and banks -- must comply with title III of the ADA.

Centers must generally make their facilities accessible to persons with disabilities. Existing facilities are subject to the readily achievable standard for barrier removal, while newly constructed facilities and any altered portions of existing facilities must be fully accessible.

Even if you do not have any disabled people in your program now, you have an ongoing obligation to remove barriers to access for people with disabilities. Existing privately-run child care centers must remove those architectural barriers that limit the participation of children with disabilities (or parents, guardians, or prospective customers with disabilities) if removing the barriers is readily achievable, that is, if the barrier removal can be easily accomplished and can be carried out without much difficulty or expense. Installing offset hinges to widen a door opening, installing grab bars in toilet stalls, or rearranging tables, chairs, and other furniture are all examples of barrier removal that might be undertaken to allow a child in a wheelchair to participate in a child care program. Centers run by government agencies must insure that their programs are accessible unless making changes imposes an undue burden; these changes will sometimes include changes to the facilities.

Even if you do not have any disabled people in your program now, you have an ongoing obligation to remove barriers to access for people with disabilities. Existing privately-run child care centers must remove those architectural barriers that limit the participation of children with disabilities (or parents, guardians, or prospective customers with disabilities) if removing the barriers is readily achievable, that is, if the barrier removal can be easily accomplished and can be carried out without much difficulty or expense. Installing offset hinges to widen a door opening, installing grab bars in toilet stalls, or rearranging tables, chairs, and other furniture are all examples of barrier removal that might be undertaken to allow a child in a wheelchair to participate in a child care program. Centers run by government agencies must insure that their programs are accessible unless making changes imposes an undue burden; these changes will sometimes include changes to the facilities.

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Blackcat31 12:32 PM 04-11-2017
Originally Posted by ljohnson81:
Anyone that owns a center or a FCC that similar to center or anyone with knowledge regarding requirements for ADA restrooms. I converted a doctor's office into a daycare. I had a visit from the building inspector today who tells me that the pre existing ADA restroom needs to be updated. He tells me I need toilets with the flush on the opposite side, etc. Upon my research I found that since the building will be used for child care that ADA restrooms are not required because the restroom is not for public use. The already existing ADA restroom will be used for my toddlers. Can anyone shed some knowledge....or do I have to update for regulations? Btw....I never needed a building permit before so if I had to update the restroom he stated I would have to get one.
Unfortunately that is not true (bolded part)

You ARE open to the public and therefore considered "a place of public accommodation"

https://www.dfps.state.tx.us/Child_C...rs/faq_ada.asp
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Blackcat31 12:33 PM 04-11-2017
Can I ask where you found the information saying otherwise?

Maybe we can help...
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ljohnson81 01:11 PM 04-11-2017
Originally Posted by Blackcat31:
Can I ask where you found the information saying otherwise?

Maybe we can help...
I have read so much trying to educated myself on different regulations and codes maybe it was read to my own interpretation. I have however worked in 2 Headstarts and only one of those Headstart had ADA restrooms. The ADA restroom currently in my building was already pre-existing so do I still need to update? I had plans of using that particular restroom for toddlers and the restroom beside it for the public and staff. Any suggestions?
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ljohnson81 01:12 PM 04-11-2017
Originally Posted by Pestle:
I used to just follow this when designing ADA restrooms in my former career. I was not aware that day care centers are exempt from the code; can you point me to where you found that information?

See this link for relevant information from ada.gov:
Privately-run child care centers -- like other public accommodations such as private schools, recreation centers, restaurants, hotels, movie theaters, and banks -- must comply with title III of the ADA.

Centers must generally make their facilities accessible to persons with disabilities. Existing facilities are subject to the readily achievable standard for barrier removal, while newly constructed facilities and any altered portions of existing facilities must be fully accessible.

Even if you do not have any disabled people in your program now, you have an ongoing obligation to remove barriers to access for people with disabilities. Existing privately-run child care centers must remove those architectural barriers that limit the participation of children with disabilities (or parents, guardians, or prospective customers with disabilities) if removing the barriers is readily achievable, that is, if the barrier removal can be easily accomplished and can be carried out without much difficulty or expense. Installing offset hinges to widen a door opening, installing grab bars in toilet stalls, or rearranging tables, chairs, and other furniture are all examples of barrier removal that might be undertaken to allow a child in a wheelchair to participate in a child care program. Centers run by government agencies must insure that their programs are accessible unless making changes imposes an undue burden; these changes will sometimes include changes to the facilities.

Even if you do not have any disabled people in your program now, you have an ongoing obligation to remove barriers to access for people with disabilities. Existing privately-run child care centers must remove those architectural barriers that limit the participation of children with disabilities (or parents, guardians, or prospective customers with disabilities) if removing the barriers is readily achievable, that is, if the barrier removal can be easily accomplished and can be carried out without much difficulty or expense. Installing offset hinges to widen a door opening, installing grab bars in toilet stalls, or rearranging tables, chairs, and other furniture are all examples of barrier removal that might be undertaken to allow a child in a wheelchair to participate in a child care program. Centers run by government agencies must insure that their programs are accessible unless making changes imposes an undue burden; these changes will sometimes include changes to the facilities.
Thanks for the info!
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ljohnson81 06:39 AM 04-17-2017
I spoke with my licensing rep and she explained to me rather or not the ADA restroom is updated or not it will not interfere with me receiving my permit. That is probably where I read my information from. However, the code inspector is saying I need a permit and a licensed plumber to change out a toilet and update to an ADA sink. I don't mind doing that, but getting a licensed plumber to switch out toilets??!! The code inspector is very contradicting! So I began getting all of our conversations documented through email.
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