Guidance on the 2010 ADA Standards for Accessible Design

Analysis and Com menta ry on the 201 0 A DAStandards contract for federal financial assistance or specific scoping requirements for alterations application for assistance, or are treated as to dwelling units. Dwelling units that are not a whole for processing purposes, whether or required to be accessible are exempt from not located on a common site.” To avoid any the general requirements for alterations to potential conflicts with the HUD regulations, elements and spaces and for alterations to the 2010 Standards require residential primary function areas. dwelling units subject to the HUD regulations to comply with the scoping requirements in The scoping requirements for alterations to the HUD regulations, instead of the scoping dwelling units generally are based on the requirements in the 2010 Standards. requirements in the UFAS: For entities not subject to the HUD • Where a building is vacated for purposes regulations, the 2010 Standards require at of alterations and has more than 15 dwell- least five percent (5%) of the dwelling units ing units, at least five percent (5%) of in residential facilities to provide mobility the altered dwelling units are required to features, and at least two percent (2%) of provide mobility features and at least two the dwelling units to provide communication percent (2%) of the dwelling units are re- features. The 2010 Standards define facilities quired to provide communication features. in terms of buildings located on a site. The 2010 Standards permit facilities that contain • Where a bathroom or a kitchen is sub- 15 or fewer dwelling units to apply the stantially altered in an individual dwelling scoping requirements to all the dwelling units unit and at least one other room is also that are constructed under a single contract, altered, the dwelling unit is required to or are developed as whole, whether or not comply with the scoping requirements for located on a common site. new construction until the total number of dwelling units in the facility required to Alterations to Residential Facilities. provide mobility features and communica- Section 4.1.6 of the UFAS requires federal, tion features is met. state, and local government housing to comply with the general requirements for As with new construction, the 2010 alterations to facilities. Applying the general Standards permit facilities that contain 15 requirements for alterations to housing can or fewer dwelling units to apply the scoping result in partially accessible dwelling units requirements to all the dwelling units that where single elements or spaces in dwelling are altered under a single contract, or are units are altered. developed as a whole, whether or not located on a common site. The 2010 Standards also The 2010 Standards, at sections 202.3 permit a comparable dwelling unit to provide Exception 3, 202.4, and 233.3, contain Department of Justice Guidance on the 2010 Standards: Titles II and III - 147