Guidance on the 2010 ADA Standards for Accessible Design

Section 35.151 -- Title II Regulation any educational institution that is covered by fact homes for the students who live in them. section 504. The transient lodging standards These commenters argued, however, that require a lower percentage of accessible the Department should impose a requirement sleeping rooms for facilities with large num- for a variety of options for accessible bathing bers of rooms than is required by UFAS. For and should ensure that all floors of dormito- example, if a dormitory had 150 rooms, the ries be accessible so that students with dis- transient lodging standards would require abilities have the same opportunities to par- seven accessible rooms while the residen- ticipate in the life of the dormitory community tial standards would require eight. In a large that are provided to students without disabili- dormitory with 500 rooms, the transient lodg- ties. Commenters representing persons with ing standards would require 13 accessible disabilities and several individuals argued rooms and the residential facilities standards that, although the transient lodging standards would require 25. There are other differences may provide a few more accessible features between the two sets of standards as well (such as roll-in showers), the residential facili- with respect to requirements for accessible ties standards would ensure that students windows, alterations, kitchens, accessible with disabilities have access to all rooms in route throughout a unit, and clear floor space their assigned unit, not just to the sleeping in bathrooms allowing for a side transfer. room, kitchenette, and wet bar. One com- menter stated that, in its view, the residen- In the NPRM, the Department requested tial facilities standards were congruent with public comment on how to scope educa- overlapping requirements from HUD, and tional housing facilities, asking, “[w]ould that access provided by the residential facili- the residential facility requirements or the ties requirements within alterations would transient lodging requirements in the 2004 ensure dispersion of accessible features ADAAG be more appropriate for housing at more effectively. This commenter also argued places of education? How would the different that while the increased number of required requirements affect the cost when building accessible units for residential facilities as new dormitories and other student hous- compared to transient lodging may increase ing?’’ 73 FR 34466, 34492 (June 17, 2008). the cost of construction or alteration, this cost would be offset by a reduced need to adapt The vast majority of the comments rooms later if the demand for accessible received by the Department advocated using rooms exceeds the supply. The commenter the residential facilities standards for hous- also encouraged the Department to impose ing at a place of education instead of the a visitability (accessible doorways and nec- transient lodging standards, arguing that essary clear floor space for turning radius) housing at places of public education are in requirement for both the residential facilities 22 - Guidance on 2010 Standards: Title II Department of Justice