Are there compliant transportable hire Accessible (Disabled) Toilets for events & festivals?

The following is a paraphrased statement from a phone call we received earlier in the year.

I was at an event at the weekend and tried to use the toilet but could not fit in with my chair and I wet myself!

What can I do? Can I sue someone for discrimination?

We have already discussed in detail the requirements for accessible toilets at events on our Accessible Public Events page.

I audited an event at the weekend and the issue of inaccessible public toilets as provided by the hire company was again an issue, so I thought it was time I should write a post on some of our recent findings.

Demand action now

Download the template letter requesting Toilet Providers make a change by providing fully compliant accessible toilets for events and festivals
Demand-Compliant-Accessible-Toilets-For-Events

So what should be provided?

As discussed within our Accessible Public Events page accessible (disabled) toilets need to be designed in accordance with Australian Standard Australian Standard AS1428.1:2009 Design for access and mobility – General requirements for access – New building work

The following drawing details the minimum size an accessible toilet must be.

Disabled-Toilet-Minimum-Size

The following drawing shows how a wheelchair could be positioned by a person with a disability to enable them to access the toilet.

Compliant-Accessible-Toilet

Accessible-Disabled-Toilet-Transfers

Transportable event accessible toilet reviews

Accessible toilet: type 1

Event Disabled Toilet Photo 10

Internal circulation

Event Disabled Toilet Photo 03

Its bad enough a wheelchair cannot get into the toilet, but even if you could you could not turn around!

Side & front transfers

Event Disabled Toilet Photo 05

Even if you could get in, there is no way you could position your wheelchair to do a side or front transfer!

What The!!!!!!!!!!
A foot pump in a disabled toilet????????

Event Disabled Toilet Photo 04

Seriously who in their right mind would put a recessed foot pump in an accessible toilet that provides water to the handbasin. For those that are not aware, paraplegics and quadriplegics have little or no movement in their feet!

Soap dispenser

Soap dispensers should be mounted at a height between 900-1100mm. This one is mounted at 1420mm.

Wheelchair accessibility

Event Disabled Toilet Photo 07

Event Disabled Toilet Photo 09    Event Disabled Toilet Photo 08

 

 

 

 

 

Due to insufficient space the person in the wheelchair is unable to access the toilet. How would you feel if you needed to go to the toilet and could not?

Comparison to a compliant accessible toilet

The following is a schematic cad layout of the above toilet.

Non-compliant-hire-disabled-toilet

The following is an overlay of the supplied toilet when compared to a compliant accessible toilet.

Overlay-of-Transportable-and-Compliant-Accessible-Toilet

So what else was wrong with it?

I am glad you asked!

  • Clothes-hanging device has not been provided (AS1428.1, Clause 15.4.4)
  • Door: outward opening door does not have mechanism that holds the door in a closed position without the use of a latch (AS1428.1, Clause 15.2.9(a))
  • Door: in-use indicator snib does not have a handle with a minimum length of 45mm (AS1428.1, Clause 15.2.9(b))
  • WC Circulation space insufficient (AS1428.1, Clause 15.2.8.1)
  • Pan: side offset outside range 450-460mm, rear wall to front outside range 790-810mm (AS1428.1, Clause 15.2.2)
  • Pan seat: to top outside range 460-480mm, (AS1428.1, Clause 15.2.3)
  • Flushing control incorrectly located (AS1428.1, Clause 15.2.5)
  • Grabrail design incorrect (AS1428.1, Clause 15.2.7)
  • Grabrails incorrectly located (AS1428.1 fig 42)
  • Toilet paper dispenser incorrectly located (AS1428.1, Clause 15.2.6)
  • Backrest has not been provided. (AS1428.1, Clause 15.2.4).
  • Washbasin: height not between 800mm and 830mm AFFL (AS1428.1, 15.3.1 (d)), measured at 985mm.
  • Washbasin: has been provided within the pan circulation space (AS1428.1, Clause 15.3.1(a))
  • Washbasin: circulation space does not comply (AS1428.1, Clause 15.3.1)
  • Washbasin taps do not comply (AS1428.1, Clause 15.2.1)
  • Washbasin: design of basin does not comply (AS1428.1, Clause 15.3.1(d))
  • Taps do not comply (AS1428.1, Clause 15.2.1)
  • Mirror not provided (AS1428.1, Clause 15.4.1)
  • Shelf: Separate fixture not provided (AS1428.1, Clause 15.4.2

Accessible toilet: type 2

Event Disabled Toilet Photo 01

Event Disabled Toilet Photo 02

Comparison to a compliant accessible toilet

The following is a schematic cad layout of the above toilet.

Non-compliant-hire-disabled-toilet-Type-2

The following is an overlay of the supplied toilet when compared to a compliant accessible toilet.

Non-compliant-Accessible-Toilet-Type-2

So what else was wrong with it?

I am glad you asked again!

  • Sanitary facility significantly undersized (AS1428.1, Clause 15), measured at 1685mm wide x 1830mm deep.
  • Clothes-hanging device has not been provided (AS1428.1, Clause 15.4.4)
  • Door: outward opening door does not have mechanism that holds the door in a closed position without the use of a latch (AS1428.1, Clause 15.2.9(a))
  • Door: in-use indicator snib does not have a handle with a minimum length of 45mm (AS1428.1, Clause 15.2.9(b))
  • WC Circulation space insufficient (AS1428.1, Clause 15.2.8.1)
  • Pan: side offset outside range 450-460mm, rear wall to front outside range 790-810mm (AS1428.1, Clause 15.2.2)
  • Pan seat: to top outside range 460-480mm, (AS1428.1, Clause 15.2.3)
  • Flushing control incorrectly located (AS1428.1, Clause 15.2.5)
  • Grabrail design incorrect (AS1428.1, Clause 15.2.7)
  • Grabrails incorrectly located (AS1428.1 fig 42)
  • Toilet paper dispenser incorrectly located (AS1428.1, Clause 15.2.6)
  • Backrest has not been provided. (AS1428.1, Clause 15.2.4).
  • Backrest incorrectly installed (AS1428.1 fig 39)
  • Washbasin: height not between 800mm and 830mm AFFL (AS1428.1, 15.3.1 (d))
  • Washbasin: has been provided within the pan circulation space (AS1428.1, Clause 15.3.1(a))
  • Washbasin: circulation space does not comply (AS1428.1, Clause 15.3.1)
  • Washbasin taps do not comply (AS1428.1, Clause 15.2.1)
  • Washbasin: design of basin does not comply (AS1428.1, Clause 15.3.1(d))
  • Taps do not comply (AS1428.1, Clause 15.2.1)
  • Mirror not provided (AS1428.1, Clause 15.4.1)
  • Shelf: Separate fixture not provided (AS1428.1, Clause 15.4.2
  • Baby change table encroaches into circulation space when in folded position (AS1428.1, Clause 15.2.8.2(a))
  • Baby change table height is >820mm or has <720mm clearance under (AS1428.1, Clause 15.2.8.2(b)

Is there really an issue if our toilets do not fully comply?

Firstly lets look at what the DDA Disability Discrimination Act states.

The following sections of the Australian Disability Discrimination Act are those that relate to premises:

Section 3 : Objectives of the DDA

The DDA seeks to:

  • Eliminate discrimination against persons on the grounds of disability in:
    • work, accommodation, education, access to premises, clubs and sport; and
    • the provision of goods, facilities, services and land;
    • Ensure that persons with disabilities have the same rights to equality before the law as the rest of the community; and
    • Promote recognition and acceptance within the community that persons with disabilities have the same rights as the rest of the community.

    Section 23 : Discrimination in access to & use of premises

    Unless unjustifiable hardship applies, a person must not be discriminated against because of the person’s disability, or the disability of any associate:

    • by denying access to or use of public premises;
    • in the terms or conditions for entry or use of such premises;
    • in the means of access to such premises;
    • by denying the use of public facilities in such premises;
    • in the terms or conditions for use of such facilities;
    • by being required to leave such premises or cease to use such facilities.

    Discrimination is allowed if premises are existing, and alterations required to make them accessible would impose unjustifiable hardship on the person providing the accessibility.

    Section 24 : Discrimination in access to & use of goods, services and facilities

    Unless unjustifiable hardship applies, a person must not be discriminated against because of the person’s disability, or the disability of any associate

    • by refusing to provide goods or services or to make facilities available; or
    • in the terms or conditions on which goods or services are provided, or facilities are made available; or
    • in the manner in which goods or services are provided or the facilities made available.

    Discrimination is allowed if providing the goods or services, or making the facilities available, would impose unjustifiable hardship on the person providing or making them available.

    More information on the DDA available here

Where does this leave me as a supplier?

By not providing accessible public toilets that comply with AS1428.1-2009 Design for access and mobility – General requirements for access – New building work

You will leave both yourself and your client exposed to legal action due to discriminating against patrons to an event.

Demand action now

Download the template letter requesting Toilet Providers make a change by providing fully compliant accessible toilets for events and festivals
Demand-Compliant-Accessible-Toilets-For-Events

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