Guidance on the 2010 ADA Standards for Accessible Design

Section 35.151 -- Title II Regulation In the NPRM, the Department expressed confusion and inaction that are sometimes concern that the residential facilities stan- caused by the current existence of mul- dards do not include a requirement for clear tiple requirements. One commenter also floor space next to beds similar to the require- stated that “it makes sense to treat social ment in the transient lodging standards and service center establishments like resi- as a result, the Department proposed adding dential facilities because this is how these a provision that would require certain social establishments function in practice.’’ service center establishments that provide sleeping rooms with more than 25 beds to Two commenters agreed with apply- ensure that a minimum of 5 percent of the ing the residential facilities requirements beds have clear floor space in accordance to social service center establishments with section 806.2.3 or 2004 ADAAG. but recommended adding a require- ment for various bathing options, such In the NPRM, the Department requested as a roll-in shower (which is not required information from providers who oper- under the residential standards). ate homeless shelters, transient group homes, halfway houses, and other social One commenter objected to the change service center establishments, and from and asked the Department to require that the clients of these facilities who would be social service center establishments con- affected by this proposed change, asking, tinue to comply with the transient lodg- “[t]o what extent have conflicts between the ing standards. One commenter stated ADA and section 504 affected these facili- that it did not agree that the standards for ties? What would be the effect of applying residential coverage would serve persons the residential dwelling unit requirements with disabilities as well as the 1991 tran- to these facilities, rather than the require- sient lodging standards. This commenter ments for transient lodging guest rooms?’’ expressed concern that the Department 73 FR 34466, 34491 (June 17, 2008). had eliminated guidance for social service agencies and that the rule should be put on Many of the commenters supported apply- hold until those safeguards are restored. ing the residential facilities requirements to Another commenter argued that the rule social service center establishments, stat- that would provide the greatest access for ing that even though the residential facili- persons with disabilities should prevail. ties requirements are less demanding in some instances, the existence of one clear Several commenters argued for the appli- standard will result in an overall increased cation of the transient lodging standards to all level of accessibility by eliminating the social service center establishments except 18 - Guidance on 2010 Standards: Title II Department of Justice