# Counter height issue



## Pcinspector1 (Oct 2, 2013)

I been given the task of finding an alternative to a service counter height requirement.

The story goes like this; I noted on the plan review that a service counter in a doctors waiting-reception area meet the maximum height of 36" off the FF and minimum length of 36" and not extend more than 4" into the access area.

The "man who draws" made notes on the plans and had no issues. I issued the permit and was called out for the rough-in inspection and wrote the contractor up for the wall being too high.

Then the Doc calls and said it was that high due to HEPA laws and that a person in a wheelchair will get special previlages by being allowed right into the exam room.

Notified my boss and a conditional occupancy was allowed with the notion that the city would check into alternative counter or service requirements that would allow a now 46" high wall to wall counter. I can not fine away to allow the reception/service counter to be this height.

Can the Doctors HEPA security issues trump ADA requirements?

Would a check writing counter surfice to meet the ADA requirement?

Your insight would be helpful

pc1


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## mark handler (Oct 2, 2013)

Pcinspector1 said:
			
		

> "....not extend more than 4" into the access area. "... HEPA laws and that a person in a wheelchair will get special previlages ..."
> 
> "....Can the Doctors HEPA security issues trump ADA requirements?
> 
> ...


"....not extend more than 4" into the access area.

* You mean into a path of travel? That prevents a blind person from running into it.*

"... HEPA laws and that a person in a wheelchair will get special privileges ..."

* Not true, and the lowered counter is also for anyone that has mobility issues, including "vertically the challenged" not using wheelchairs.*.

"....Can the Doctors HEPA security issues trump ADA requirements?

* NO.moving a chair user into a separate room maybe his office standard it is not a HEPA standard*

"....Would a check writing counter surface to meet the ADA requirement?

* Yes, as long as it does not project "too far".*


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## north star (Oct 2, 2013)

*$ ~ $*

Pcinspector1,

I agree with **mark h.**......The ADA/Accessibility requirements [ i.e. - Civil

Rights law ] cannot be trumped by the doctor or any HEPA requirements.

The counter in question; and possibly others, *must be* constructed in accordance

with the Accessibility standards.....If the doctor in question wants to challenge

the requirements, then have him/her have their attorney contact your attorney

and go from there.

Also, ..."man who draw" should be able to substantiate the requirements as well.



*& = &*


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## Mac (Oct 2, 2013)

Doc has to figure out how to comply with HEPA on his own.


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## Pcinspector1 (Oct 2, 2013)

Thanks to all!

Follow up question; If the counter in question is 46" off the FF and is 8ft long and is wall to wall could a check writing counter 4" wide be set below the mentioned counter at 36" from the FF and meet the requirements?

Could the check wrighting counter be wider if its wall to wall and not considered in the access path?

Pc1


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## mark handler (Oct 2, 2013)

New or existing counter?


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## JPohling (Oct 2, 2013)

I believe this counter is new construction.  The counter height would need to be lowered,  that tack on check writing surface would not be acceptable.  Its actually HIPPA and they do not dictate any counter heights.


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## mark handler (Oct 2, 2013)

Show me where Wheelchair users get special treatment

http://www.hhs.gov/ocr/privacy/hipaa/administrative/securityrule/securityrulepdf.pdf

HIPAA

February 20, 2003


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## Pcinspector1 (Oct 2, 2013)

Mark,

New counter was installed in a tenant doctors medical office. Also I don't buy that the wheelchair person gets special treatment that the doctor claims will exist. What would be next a buzzer at 46" high?

JPohling, thanks for the correction; HIPPA

pc1


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