Portable Sanitation Association International

Association Insight, Sept 15 2021

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3 I PSAI Association Insight, September 15, 2021 the law, we are often left with questions. They usually boil down to this one: are we doing everything that we can, within the constraints of our equipment, our experience, and the physical layout of where this equipment is placed—to be in compliance with ADA requirements? Portable sanitation providers often face several dilemmas in providing ADA-compliant services: whether our equipment-as-designed is ADA-compliant or can be modified to be compliant, what the customer wants and will pay for, what the disability community perceives about the equipment, and whether there is adequate ROI in the company's market for stocking up on ADA-compliant equipment or it is better to let some opportunities go to a competitor. In sorting this out, portable sanitation company leaders also face the ongoing possibility that a customer, an inspector, or a municipality could complain, warn, fine, or even bring a legal court case against their company or their customer. ADA Compliance and the Portable Sanitation Industry: Issues for Operators (continued from page 1) Not all large units are ADA- compliant. There are essentially two types of large-sized portable restroom units available from suppliers. One is ADA-compliant, and one is not. A unit is ADA-compliant if it has these basic characteristics: • Enough room for a full 360-degree wheelchair turn (60 inches of space) • A wide door with a latch, hinge, or other device for easier closing • Construction such that the walls can support the required grab handles • A ramp or flat egress into the unit • The standard international symbol of accessibility decal on the outside of the unit These units are very large and often require more than one person to load, unload, and place. Larger units that are not ADA-compliant are sometimes referred to as "wheelchair accessible" or "handicap accessible" units, although they do not meet the space requirements of the ADA. Suppliers have told the PSAI these units were developed as an alternative to the larger ADA-compliant units due to operator requests. Operators have voiced concerns about the size and weight of the ADA- The ADA applies to restroom facilities, including permanent facilities and temporary use structures such as portable restrooms and trailers that are placed in ADA-covered settings. Yet more than three decades after the ADA went into effect, providing portable restroom experiences that are essentially equal for persons covered under the ADA is still not something our industry has completely mastered. In the summer of 2020, we talked to a number of portable sanitation operators on this topic. At that time, we learned most operators often do not feel confident providing portable sanitation equipment in compliance with the ADA. None of the portable sanitation professionals wanted to go on record regarding their practices. They don't want to call attention to their firm or be accountable for "bad advice" to others. Background The ADA is a complex law covering many aspects of equality for people with disabilities. Because it is a federal statute, states, counties, and municipalities can make more stringent rules than the ADA, but they cannot relax the requirements. Interpretations of the law can vary as well, and the more active the disability community is in a given area the more likely you will hear about issues related to the ADA. For obvious reasons, professionals in the portable sanitation industry are most focused on the ADA requirements for restroom facilities and access to them. No matter how willing we are to comply with (continued on page 6) 1. Issues for Operator Attention Here are key issues relating to the ADA of which operators need to be aware and have a plan to address if they provide equipment for locations covered by the ADA.

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