The Fire Marshall has referenced ICC A117.1 608.2.2.3 Seat (in shower)

On a call with the Fire Marshall, he stated that he wanted to know what other jurisdictions have referenced to allow a shower seat not to be provided. He understands safety of the patient needs to be considered in this facility but needs a code reference to accept the proposed solution. In reviewing 2010 ADA, options for with and without a shower seat are provided, see below. The Fire Marshall has referenced ICC A117.1 608.2.2.3 Seat (in shower):

ICC A117.1, 608.2.2.3 Seat.
A folding seat complying with Section 610 shall be provided on an end wall.

EXCEPTIONS:

  1. A seat is not required to be installed in a shower for a single occupant accessed only through a private office and not for common use or public use, provided reinforcement has been installed in walls and located so as to permit the installation of a shower seat.

  2. A fixed seat shall be permitted where the seat does not overlap the minimum clear inside dimension required by Section 608.2.2.1.

Sheet A0002, Accessible Showers Details indicate a seat will NOT be installed as required and will be brought into the shower as needed. Please provide documentation that will allow this exception or provide a seat in accordance with the above section.

CannonDesign proposed response:

Folding shower seats are a ligature risk in the behavioral health setting. A shower seat will be brought into the shower by staff as needed for the patient and removed by staff once the patient shower is completed. A child requiring the use of the shower seat will require assistance from the staff while showering. The staff will be present for the duration of the shower. The shower seat will be stored in the Storage Room(s) provided on the floor.

Are there any additional code references or what others have done to address this issue?

Shary, my response to this issue (which is on every project!) is the same as the one you provided. Unfortunately, to my knowledge there is no code language to support the ligature risk exception. Instead, you could reference the hundreds of times TJC has cited a shower seat as a ligature risk. ADA accommodations are still provided to every patient that needs it.