Guidance on the 2010 ADA Standards for Accessible Design

Section 35.151 -- Title II Regulation inside or outside the unit. Others may contain Elevators are not generally required under cluster, suite, or group arrangements where the 2004 ADAAG residential facilities stan- several rooms are located inside a defined dards unless they are needed to provide unit with bathing, kitchen, and similar com- an accessible route from accessible units mon facilities. In some cases, these suites to public use and common use areas, while are indistinguishable in features from tradi- under the 2004 ADAAG as it applies to other tional apartments. Universities may build their types of facilities, multistory public facilities own housing facilities or enter into agree- must have elevators unless they meet very ments with private developers to build, own, specific exceptions. In addition, the residen- or lease housing to the educational institution tial facilities standards do not require acces- or to its students. Academic housing may be sible roll-in showers in bathrooms, while the located on the campus of the university or transient lodging requirements require some may be located in nearby neighborhoods. of the accessible units to be served by bath- rooms with roll-in showers. The transient Throughout the school year and the sum- lodging standards also require that a greater mer, academic housing can become pro- number of units have accessible features gram areas in which small groups meet, for persons with communication disabilities. receptions and educational sessions are The transient lodging standards provide for held, and social activities occur. The abil- installation of the required accessible fea- ity to move between rooms--both acces- tures so that they are available immediately, sible rooms and standard rooms--in order but the residential facilities standards allow to socialize, to study, and to use all public for certain features of the unit to be adapt- use and common use areas is an essential able. For example, only reinforcements for part of having access to these educational grab bars need to be provided in residential programs and activities. Academic housing dwellings, but the actual grab bars must be is also used for short-term transient educa- installed under the transient lodging stan- tional programs during the time students are dards. By contrast, the residential facilities not in regular residence and may be rented standards do require certain features that out to transient visitors in a manner similar provide greater accessibility within units, such to a hotel for special university functions. as more usable kitchens, and an accessible route throughout the dwelling. The residen- The Department was concerned that tial facilities standards also require 5 percent applying the new construction requirements of the units to be accessible to persons with for residential facilities to educational hous- mobility disabilities, which is a continuation ing facilities could hinder access to educa- of the same scoping that is currently required tional programs for students with disabilities. under UFAS, and is therefore applicable to Department of Justice Guidance on 2010 Standards: Title II - 21