Ed Zwilling July 15, 2014
Question: Can an Alabama business avoid complying with the ADA's mandate to make readily achievable modifications to existing inaccessible toilet rooms, as necessary to make them wheelchair accessible, by designating the toilet rooms as for "Employees Only?"
Answer: No.
Alabama has adopted the International Plumbing Code (IPC). http://www.bc.state.al.us/buildingcode.htm
The IPC requires public toilet rooms in all structures and tenant spaces intended for public utilization--the only exception being parking garages:
403.3 Required public toilet facilities.
Customers, patrons and visitors shall be provided with public toilet facilities in structures and tenant spaces intended for public utilization. The number of plumbing fixtures located within the required toilet facilities shall be provided in accordance with Section 403 for all users. Employees shall be provided with toilet facilities in all occupancies. Employee toilet facilities shall be either separate or combined employee and public toilet facilities.
Exception: Public toilet facilities shall not be required in open or enclosed parking garages. Toilet facilities shall not be required in parking garages where there are no parking attendants.