The Americans with Disabilities Act (ADA)

Commonly referred to as ADA or ADAAG, it requires management to provide accessibility and usability for the physically handicapped. Composed of five sections referred to as "titles", the most important are Titles II and III.

Interpretations of the Act are made by the Architectural and Transportation Barriers Compliance Board. They are enforced by the Department of Justice, and the Federal court system has final say.

Title II
Requires all programs, services and activities of government entities be accessible by qualified disabled persons.

Title III
Imposes different duties on two classes of buildings:

• Public accommodations.
• Commercial facilities.

Haws manufactures products to enable the owner to comply with ADAAG.

ADA Drinking Fountain and ADA Water Cooler Information

4.15 Drinking Fountains and Water Coolers.

4.15.1 Minimum Number. Drinking fountains or water coolers required to be accessible by 4.1 shall comply with 4.15.

4.15.2* Spout Height. Spouts shall be no higher than 36 in (915 mm), measured from the floor or ground surfaces to the spout outlet.

Spout Height and Knee Clearance. The front edge of the fountain must extend 17 to 19 inches (430 - 485 mm) from the wall. The 27 inches (685 mm) high minimum clear knee space must be free of equipment or obstructions for a minimum of 8 inches (205 mm) extending from the front edge of the fountain back toward the wall. In addition, a minimum 9 inches (230 mm) high toe clearance space must be provided extending back toward the wall to a distance no more than 6 inches (150 mm) from the back wall. The toe clearance space must be free of equipment or obstructions.

4.15.3 Spout Location. The spouts of drinking fountains and water coolers shall be at the front of the unit and shall direct the water flow in a trajectory that is parallel or nearly parallel to the front of the unit. The spout shall provide a flow of water at least 4 in (100 mm) high so as to allow the insertion of a cup or glass under the flow of water. 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.

4.15.4 Controls. Controls shall comply with 4.27.4. Unit controls shall be front mounted or side mounted near the front edge.

4.15.5 Clearances.

(1) Wall- and post-mounted cantilevered units shall have a clear knee space between the bottom of the apron and the floor or ground at least 27 in (685 mm) high, 30 in (760 mm) wide, and 17 in to 19 in (430 mm to 485 mm) deep. Such units shall also have a minimum clear floor space 30 in by 48 in (760 mm by 1220 mm) to allow a person in a wheelchair to approach the unit facing forward.

Spout Height and Knee Clearance. The front edge of the fountain must extend 17 to 19 inches (430 - 485 mm) from the wall. The 27 inches (685 mm) high minimum clear knee space must be free of equipment or obstructions for a minimum of 8 inches (205 mm) extending from the front edge of the fountain back toward the wall. In addition, a minimum 9 inches (230 mm) high toe clearance space must be provided extending back toward the wall to a distance no more than 6 inches (150 mm) from the back wall. The toe clearance space must be free of equipment or obstructions.

Clear Floor Space. A 48 inch (1220 mm) minimum by 30 inch (760 mm) minimum clear floor space is required for a forward approach to a wall-mounted fountain. If the wall-mounted fountain is in an alcove, the minimum width of the alcove is 30 inches (760 mm) and the depth is 24 inches (610 mm) maximum.

(2) Free-standing or built-in units not having a clear space under them shall have a clear floor space at least 30 in by 48 in (760 mm by 1220 mm) that allows a person in a wheelchair to make a parallel approach to the unit. This clear floor space shall comply with 4.2.4.

Free-Standing Fountain or Cooler. A 48 inch (1220 mm) minimum by 30 inch (760 mm) minimum clear floor space is required for a side approach (long side parallel to the front of the fountain or cooler).

Article By: Kelly Gilfoy
Haws Representative

Some have commented that emergency shower & eyewash equipment has no "accessible" dimensional requirements, because this type of equipment is not mentioned in the A.D.A. Accessibility Guidelines. Some have gone so far as to disregard the accessibility of this equipment entirely. I feel that this misconception could be the result of a fundamental misunderstanding of the A.D.A.

If the A.D.A. and the A.D.A. Accessibility Guidelines were just another plumbing or building code, then I would agree that we need not pursue anything that is not specifically required of us in print. However, the A.D.A. is not a plumbing code. It is a civil rights law, which prohibits any form of discrimination against people with physical disabilities.

The A.D.A. states that "No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation", (Sec.36.201, General Requirements.) So to deny a disabled person free and unfettered access to anything within a facility, that is freely available to any non-disabled person, is a violation of that disabled person's civil rights. Equal rights in this case means equal access.

ADAAG Section 4.3.1, Accessible Buildings: New Construction, Paragraph (18), requires that "If fixed or built-in seating or tables (including, but not limited to, study carrels and student laboratory stations), are provided in accessible public or common use areas, at least five percent (5%), but not less than one, of the fixed or built-in seating areas or tables shall comply with 4.32." Then in Section 4.1.5 "Building Additions", and again in Section 4.1.6 "Building Alterations", the ADAAG requires that these building modifications conform to the rules prescribed in Section 4.3.1 for New Construction, (above). Finally, in Section A4.1.1(3) "Work Areas Used by Employees" the ADAAG elaborates on Section 4.1.3 by adding that "Where there are individual work stations (e.g., laboratories, service counters, ticket booths), 5%, but not less than one, of each type of work station should be constructed so that an individual with disabilities can maneuver within the work stations." So we can see that the A.D.A. states that all laboratories, public and private, new construction and remodel, must have provision to be accessible to and usable by the disabled.

If the disabled cannot be denied access to the laboratory to utilize the lab equipment at an accessible workstation, and thereby be exposed to the chemical hazards present, then would the Court find that the disabled person's civil rights would be violated for denying him access to the only lifesaving emergency shower and eyewash in that laboratory room? Would the Court rule in favor of the disabled if they were considering the issue after a laboratory accident, and subsequent injury of a disabled person?

The State of California seems to think that they would, because California's D.S.A. Policy 98-03 now requires a disabled accessible shower and eyewash in every laboratory classroom, for all school modernization or new construction projects, which receive state funding.

Now the dimensional requirements that would make emergency shower and eyewash accessible are also clearly defined in the ADAAG Standards, in the form of general dimensional requirements for the wheelchair, and for the wheelchair user's space requirements.

Section 4.2 "Space Allowance and Reach Ranges" covers the minimum floor space, the width of approach, and the maximum forward reach and side reach ranges. Although, while 4.2.4.1 calls for a 30" wide (minimum) approach for the wheelchair, Section A4.2.1 states that "if the wheelchair must be turned at the opening or if 'sudden' movements are needed then a clear width of 32" is adequate clearance." The 32" wide approach allows for a slightly larger margin of safety, so a 32" minimum should be used for all design considerations wherever emergency equipment, life safety and emergency egress is an issue.

Sections 4.2.5, and 4.2.6, covers the forward and side reach ranges of the wheelchair user, and you can see in Figure 5(b) "Maximum Forward Reach Over an Obstruction", that if the eyewash were to be 20" long or less, that the pull rod handle would have to be 48" above the floor (or less), but that if the eyewash were longer than 20", then the pull rod handle could be no higher than 44" above the floor.

Additional maximum and minimum dimensional information are also shown in Figure A3, and Figure A3(a), including the standard 27" minimum knee clearance.

Wall mounted "Protruding Objects" (like eyewashes), and objects that hang down into the "Head Room" space (like shower heads), are covered in Section 4.4.

"Gratings", if they are used for emergency shower floor drainage, are covered in Section 4.5.4.

"Controls and Operating Mechanisms", their maximum and minimum heights for control location, and the force required to effect the operation of any device, are covered in Section 4.27.

The laboratory work stations, as noted in Section 4.1.3, paragraph (18), are required to meet Section 4.32. And when we look in that section we find the same 27" high knee clearance that we have seen repeated throughout the ADAAG. The counter tops though are allowed to be between 28" and 34" in height, which affects all counter mounted eyewashes. However, given a 5" to 7" deep sink, where ledge-mounted pivoting eyewashes would typically be used, and allowing for the 27" high knee clearance, the counter tops could not be lower than 32".

It is important to note that ANSI Z358.1, Section 5.4.1 allows for the eyewash spray heads to be as low as 33", even for the non-disabled person, so when we consider all of these dimensional ranges we can see that they allow for a single shower & eyewash that can serve either the able bodied or the disabled.¹

Since there is typically only one emergency shower and eyewash per laboratory room or laboratory classroom, and since one accessible device can serve either the able bodied or the disabled, specifying that it be disabled accessible will help to protect the health and safety of the disabled and the able bodied, while protecting the liability exposure of the specifier, and the property owner.

All of the ADA, and the ADAAG Sections referenced in this letter are printed out for your reference on the ensuing pages, along with their related figures and diagrams.

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¹ The use of some types of emergency eyewash that are recessed into the counter top, would require that the counter be no lower than 32", regardless of whether a sink is used or not.

American National Standards Institute (ANSI)

ANSI has served in its capacity as administrator and coordinator of the United States private sector voluntary standardization system for 80 years. Founded in 1918, the Institute is a private, nonprofit membership organization supported by a diverse constituency of private and public sector organizations.

ANSI Z358.1 - 2014 Emergency Eyewash and Shower Equipment

• Established detailed minimum performance requirements.
• Intended to provide uniform minimum requirements for equipment performance, installation, test procedures, maintenance and training.
• CSA has certified that Haws Emergency Equipment products meet ANSI Z358.1 - 2014.

ANSI Z535.1 - 1991

• Safety color code for marking physical hazards.
• Best feasible color discrimination for observers of both normal and color-deficient vision.
• Decrease in personal injuries as great as 40% has followed the use of a uniform color program.

Safety Green
Color for the identification of safety, emergency egress, location of first aid and safety equipment.

Safety Yellow
Color for the identification of caution, physical hazard, containers, corrosives, etc.

Haws emergency equipment products are built to comply with the ANSI Standard Z358.1 for Emergency Equipment and related products and the ANSI Standard Z535.1 for Safety color.

ANSI A117.1 - 1992

• This standard provides for accessibility and usability for physically handicapped people.
• More extensive, descriptive, comprehensive and understandable than the current ADA guidelines.
• Contains operational and dimensional criteria.

Haws manufactures products to enable the owner to comply with ANSI A117.1-1992.

Annex G establishes an evaluation procedure for use when a 0.25% lead content requirement needs to be met in addition to current chemical extraction requirements of the standard.

This annex was developed for the purpose of demonstrating conformance with California’s Health & safety Code (Section 116875; commonly referred to as AB1953) and that of other states and jurisdictions with a similar requirement.

American Society of Heating, Refrigerating and Air Conditioning Engineers (ASHRAE)

ANSI/ASHRAE Standard 18 is the American Society of Heating, Refrigerating and Air Conditioning Engineers methods of testing for rating drinking-water coolers with self-contained mechanical refrigeration.

Where applicable, Haws products meet ANSI/ASHRAE Standard 18.

Temperature Actuated Mixing Valves For Plumbed Emergency Equipment that should include the following redundant safety features.

• A stay-open cold water supply upon hot water failure
• Accurate control of the hot water (when only the eyewash is in use
• Full flow cold water by-pass in the event of blocked flows (Source)

Many Haws products comply with the Buy American Act, typically via domestic content or as commercially available off-the-shelf construction materials. 

For details on which specific products are compliant, please contact Haws Customer Services at [email protected] or Toll-free: (888) 640-4297.

Canadian Standards Association (CSA) International

Established in 1919, CSA International is a well-recognized, independent leader in standards development and the application of these standards through certification of both product and in-house testing of the product.

• CSA certifies manufacturing plants to conduct testing and certify products on their behalf.
• CSA is also auditor for NSF certification of Haws Drinking Fountains to NSF Standard 61, Section 9.

The Haws plant is CSA-certified.

AB1953 is encompassed in the California Assembly Bill 1953, enacted in September 2006, which calls for a reduction in lead content in all plumbing equipment including pipes, fittings and fixtures to a level less than 0.25%.  This law goes into effect on the first day of January 2010 and all the aforementioned products sold and installed on and after that date must meet this AB1953 lead reduction requirements.

The good news: Haws has been AB1953 compliant since 1990.

Haws has always been committed to providing the safest drinking water possible.  When California passed proposition 65 in 1987, Haws made the decision to manufacture all drinking fountain products using a specially blended lead-free brass alloy.  By the beginning of the 1990s, the entire Haws drinking fountain product line had been converted to the new lead-free alloys, and was entirely 0.0% lead-free.

All of Haws’ drinking fountain products have carried the NSF/ANSI 61, Section 9, certification since the early 1990s. Haws NSF/ANSI 61 certifications, obtained through the internationally recognized CSA Testing Laboratory, for all of its drinking fountains, faucets and electric water cooler product lines are available online.

To assure the public of Haws’ compliance with the new California law, Haws has also obtained independent third party verification of compliance with AB1953, through the CSA Testing Laboratory.

Further, in order to meet future requirements Haws has introduced drinking water products with a 100% lead free waterway, Haws’ two new all stainless steel drinking faucets, models 5010SS and 5010.6427SS, and the new all stainless steel pushbutton valve model 5874SS have also been certified to NSF/ANSI 61 by CSA Testing Laboratories. Look for future new drinking fountain products that incorporate these faucets for a fully certified solution.

You may have seen the following warning associated with our products, as well as on other products purchased from other manufacturers:

WARNING: This product contains chemicals known to the State of California to cause cancer, birth defects or other reproductive harm.

This warning is the result of a law passed in California in 1986, referred to as the California Safe Drinking Water and Toxic Enforcement Act of 1986, or more generally referred to as "Proposition 65."

There are over 900 chemicals on the Prop 65 list. Our products have traces of various chemicals that are on the list, but all are part of the normal manufacturing process. Further, the chemicals are within our product materials.

The warning does not mean that our products will necessarily cause cancer or reproductive harm. Moreover, a Proposition 65 warning does not mean a product is in violation of any product-safety standards or requirements. More information from the State of California. Haws will continuously review the requirements of Proposition 65 to ensure that it only is included on products that require the warning.

What is Proposition 65?

Proposition 65 requires the State to publish a list of chemicals known to cause cancer or birth defects or other reproductive harm. This list has grown to include approximately 900 chemicals. The list includes a wide variety of chemicals that can be found in many everyday items. The purpose of Proposition 65 is to ensure that people are informed about the potential exposure to these chemicals.

A warning must be given if the listed chemical is merely present in a product unless a business demonstrates that the exposure it causes poses “no significant risk.” With respect to carcinogens, the “no significant risk” level is defined as the level which is calculated to result in not more than one excess case of cancer in 100,000 individuals exposed over a 70-year lifetime.

What does this warning mean?

This warning does not necessarily mean that our products will cause cancer or reproductive harm nor does it mean our product is in violation of any Federal or State product-safety standards or requirements. You could think of Proposition 65 more as a ‘right to know’ law than a pure product safety law.

Why does the Haws Corporation include this warning?

Proposition 65 law applies to any company that operates in California, manufactures or sells products in California. Since our products are sold throughout the world, it would be extremely difficult and costly to determine which products are only brought into California. Therefore, at this time, to ensure compliance with the Proposition 65 law, we have decided to include this warning on all of our products, regardless of destination.

ISO is a nonprofit, worldwide federation of national standard organizations that provides the development of standardization to improve international exchange of goods and services. The basic goal is to provide comfort in consistency and uniformity of goods or service at all levels of supply chain.

ISO 9000
Not a set or product standards, but a process for quality management and quality assurance.

Conformance Standards

ISO 9001
Denotes a quality systems model for quality assurance in design, development, production, installation and servicing. Certifies the company, not the product.

ISO 9002
Denotes a quality systems model for quality assurance in production and installation only.

ISO 9003
A quality systems model for quality assurance in final inspections and testing.

Guidance Standard

ISO 9004

Haws is an ISO 9001 certified company.

National Sanitary Foundation International (NSF)

Founded in 1944, NSF International is a not-for-profit, noncommercial organization known for their role in developing standards, product testing and certification services in the areas of public health safety and the protection of the environment. NSF conducts research  and tests and evaluates equipment, products and services for compliance with standards and criteria.

Three Standards for Additive Products

ANSI/NSF Standard 60 Drinking Water Chemicals-Health Effects
Covers water treatment chemicals.

ANSI/NSF Standard 61 Drinking Water System Components-Health Effects
Covers indirect additives.

ANSI/NSF Standard 61, Section 9
Covers devices used in the final level of water distribution. Limits the amount of lead or other contaminants that may be contributed by those devices to the drinking water.

Haws manufactures drinking fountains, electric water coolers and electric drinking fountains to be lead free by all known definitions including ANSI/NSF Standard 61, Section 9, California Proposition 65 and the Federal Safe Drinking Water Act.

Occupational Safety and Health Administration (OSHA)

The Occupational Safety and Health Administration (OSHA) enacted the Occupational Safety and Health Act of 1970 to assure safe and healthy working conditions for working men and women.

• Both federal and state acts.
• Not written to product or performance specification.
• Use ANSI Z358.1-1998 for guidance on compliance.

The Safe Drinking Water Act (SDWA) 

First passed in 1974 and reauthorized in 1996, this Act establishes a process which selects and regulates contaminants posing the greatest public health risk.

SDWA compliance requires:

• Annual public report on contaminants.
• Source-water projection.
• Operator certification.
• Radon/arsenic regulation.

Underwriters Laboratories (UL)

Underwriters Laboratories, Inc., (UL) is an independent, not-for-profit product safety testing and certification organization. Chartered as a non-profit organization to establish, maintain and operate laboratories for the examination and testing of devices, systems and materials.

Haws Electric Water Cooler and Electric Drinking Fountain products are UL-listed.