One reason why we shouldn't flip all the restrooms to Unisex

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May 19, 2020 — ADA Fines for Noncompliance … Federal law allows fines of up to $75,000 for the first violation and $150,000 for additional ADA violations.

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How does switching to unisex bathrooms make it not ADA compliant…? I see tons of places where it is fine and handled?

My understanding as a private club is that we are not required to be ada compliant. We are not open to the general public.

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The rule specifies that you’re supposed to have gender specific bathrooms unless it’s too difficult. It’s possible that the ADA people need a complaint, and noone has complained about the places that you’ve seen.

The folks that did the original write-up for the expansion felt like we were enough of a business to follow the rules for a business.

The question is – do we gain enough benefit to offset the potential for a $75K fine? And, just leaving the 2 single lockable bathrooms alone should be sufficient to comply. We’ve got a total of 8 bathroom spaces. The bigger bathrooms in 104 have non-wheelchair accessible handicap stalls, so I don’t think that’d fulfill the ADA requirement.

Eh, as I recall the folks thought it would be nice to. There have been some discussions since then. Read about private membership clubs and ADA.

I will ask legal about ADA requirements. @Team_Moderators Can you please lock this thread?

Not exactly. The architect stated it is a requirement. At least one gender-specific ADA restroom is required. Section 213.2 of the ADA code allows a waiver to allow the use of unisex toilet rooms but only “where technical infeasibility can be demonstrated.” With eight restrooms I suspect we will have difficulty proving technical infeasibility.

This gets into the issue of whether we plan to comply with the mandatory Texas state Texas Accessibility Standards inspection when our expansion is “complete”. That’s the point at which non-compliances will be noted and we will need to come into compliance with anything that is cited.

But it doesn’t matter what we think. We should pay a TDLR-registered accessibility professional to advise us.

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Close. They were compliant except for signage, but the new toilet paper hardware removed the ADA-compliant ones and installed non-compliant toilet paper rollers. May need a guard on the pipes under the sink or other nominal changes.