Guidance on the 2010 ADA Standards for Accessible Design

Section 35.151 -- Title II Regulation those that were “intended as a person’s place relevant provisions of section 608 of the 2010 of abode,’’ referencing the Department’s Standards. Transfer-type showers are not question related to the definition of “place permitted in lieu of a roll-in shower with a seat of lodging’’ in the title III NPRM. One com- and the exceptions in sections 608.3 and menter stated that the International Building 608.4 for residential dwelling units are not Code requires accessible units in all tran- permitted. When separate shower facilities sient facilities. The commenter expressed are provided for men and for women, at least concern that group homes should be built one roll-in shower shall be provided for each to be accessible, rather than adaptable. group. This supplemental requirement to the residential facilities standards is in addition The Department continues to be con- to the supplemental requirement that was cerned about alleviating the challenges for proposed in the NPRM for clear floor space social service providers that are also subject in sleeping rooms with more than 25 beds. to section 504 and would likely be subject to conflicting requirements if the transient The Department also notes that while lodging standards were applied. Thus, the dwelling units at some social service center Department has retained the requirement that establishments are also subject to the Fair social service center establishments comply Housing Act (FHAct) design and construc- with the residential dwelling standards. The tion requirements that require certain fea- Department believes, however, that social tures of adaptable and accessible design, service center establishments that provide FHAct units do not provide the same level emergency shelter to large transient popu- of accessibility that is required for residen- lations should be able to provide bathing tial facilities under the 2010 Standards. facilities that are accessible to persons with The FHAct requirements, where also appli- mobility disabilities who need roll-in show- cable, should not be considered a sub- ers. Because of the transient nature of the stitute for the 2010 Standards. Rather, population of these large shelters, it will not the 2010 Standards must be followed in be feasible to modify bathing facilities in a addition to the FHAct requirements. timely manner when faced with a need to provide a roll-in shower with a seat when The Department also notes that where- requested by an overnight visitor. As a result, as the NPRM used the term “social ser- the Department has added a requirement vice establishment,’’ the final rule uses that social service center establishments with the term “social service center establish- sleeping accommodations for more than 50 ment.’’ The Department has made this individuals must provide at least one roll-in editorial change so that the final rule is shower with a seat that complies with the consistent with the terminology used in the ADA. See 42 U.S.C. 12181(7)(k). Department of Justice Guidance on 2010 Standards: Title II - 19