Guidance on the 2010 ADA Standards for Accessible Design

Section 35.151 -- Title II Regulation lodging, inpatient medical care, licensed serving those crew quarters to meet the long-term care, and detention or correctional 2004 ADAAG. In addition, the commenter facilities. Additionally, section 106.5 of the argued that applying the transient lodging 2010 Standards changes the definition of standards would impose significant costs “transient lodging’’ to a building or facility and create living space that is less usable “containing one or more guest room(s) for for most emergency response personnel. sleeping that provides accommodations that are primarily short-term in nature.’’ “Transient The ADA does not exempt spaces because lodging’’ does not include residential dwelling of a belief or policy that excludes persons units intended to be used as a residence. with disabilities from certain work. However, The references to “dwelling units’’ and the Department believes that crew quarters “dormitories’’ that are in the definition of the that are used exclusively as a residence 1991 Standards are omitted from the 2010 by emergency response personnel and the Standards. kitchens and bathrooms exclusively serv- ing those quarters are more like residential The comments about the application of dwelling units and are therefore covered transient lodging or residential standards by the residential dwelling standards in the to social service center establishments, 2010 Standards, not the transient lodging and housing at a place of education are standards. The residential dwelling stan- addressed separately below. The Department dards address most of the concerns of the received one additional comment on this commenter. For example, the commenter issue from an organization representing was concerned that sinks in kitchens and emergency response personnel seeking lavatories in bathrooms that are accessible an exemption from the transient lodging under the transient lodging standards would accessibility requirements for crew quar- be too low to be comfortably used by emer- ters and common use areas serving those gency response personnel. The residential crew quarters (e.g., locker rooms, exercise dwelling standards allow such features to rooms, day room) that are used exclusively be adaptable so that they would not have to by on-duty emergency response person- be lowered until accessibility was needed. nel and that are not used for any public Similarly, grab bars and shower seats would purpose. The commenter argued that since not have to be installed at the time of con- emergency response personnel must meet struction provided that reinforcement has certain physical qualifications that have been installed in walls and located so as the effect of exempting persons with mobil- to permit their installation at a later date. ity disabilities, there is no need to build crew quarters and common use areas 16 - Guidance on 2010 Standards: Title II Department of Justice