Guidance on the 2010 ADA Standards for Accessible Design

Section 35.151 -- Title II Regulation Section 35.151(e) substantial percentage of social service cen- Social service center establishments ter establishments are recipients of Federal financial assistance from the Department of In the NPRM, the Department proposed a Housing and Urban Development (HUD). The new Sec. 35.151(e) requiring group homes, Department of Health and Human Services halfway houses, shelters, or similar social (HHS) also provides financial assistance service center establishments that provide for the operation of shelters through the temporary sleeping accommodations or Administration for Children and Families pro- residential dwelling units to comply with the grams. As such, these establishments are provisions of the 2004 ADAAG that apply to covered both by the ADA and section 504 residential facilities, including, but not limited of the Rehabilitation Act. UFAS is currently to, the provisions in sections 233 and 809. the design standard for new construction and alterations for entities subject to section The NPRM explained that this proposal 504. The two design standards for accessi- was based on two important changes in bility--the 1991 Standards and UFAS--have the 2004 ADAAG. First, for the first time, confronted many social service providers residential dwelling units are explicitly cov- with separate, and sometimes conflicting, ered in the 2004 ADAAG in section 233. requirements for design and construction Second, the 2004 ADAAG eliminates the of facilities. To resolve these conflicts, the language contained in the 1991 Standards residential facilities standards in the 2004 addressing scoping and technical require- ADAAG have been coordinated with the sec- ments for homeless shelters, group homes, tion 504 requirements. The transient lodging and similar social service center establish- standards, however, are not similarly coordi- ments. Currently, such establishments are nated. The deletion of section 9.5 of the 1991 covered in section 9.5 of the transient lodg- Standards from the 2004 ADAAG presented ing section of the 1991 Standards. The two options: (1) Require coverage under the deletion of section 9.5 creates an ambigu- transient lodging standards, and subject such ity of coverage that must be addressed. facilities to separate, conflicting requirements for design and construction; or (2) require The NPRM explained the Department’s coverage under the residential facilities stan- belief that transferring coverage of social dards, which would harmonize the regulatory service center establishments from the tran- requirements under the ADA and section 504. sient lodging standards to the residential The Department chose the option that harmo- facilities standards would alleviate conflict- nizes the regulatory requirements: coverage ing requirements for social service center under the residential facilities standards. providers. The Department believes that a Department of Justice Guidance on 2010 Standards: Title II - 17