Guidance on the 2010 ADA Standards for Accessible Design

Section 35.151 -- Title II Regulation in the 2004 ADAAG, in response to exten- This does not require exact mathemati- sive comments in support of dispersion it cal proportionality, which at times would be added an advisory note, Advisory 223.1 impossible. However, it does require that General, encouraging dispersion of acces- medical care facilities disperse their acces- sible rooms within the facility so that acces- sible rooms by medical specialty so that sible rooms are more likely to be proximate persons with disabilities can, to the extent to appropriate qualified staff and resources. practical, stay in an accessible room within the wing or ward that is appropriate for their In the NPRM, the Department sought addi- medical needs. The language used in this tional comment on the issue, asking whether rule (“in a manner that is proportionate by it should require medical care facilities, type of medical specialty’’) is more specific such as hospitals, to disperse their acces- than that used in the NPRM (“in a manner sible sleeping rooms, and if so, by what that enables patients with disabilities to have method (by specialty area, floor, or other access to appropriate specialty services’’) criteria). All of the comments the Department and adopts the concept of proportionality received on this issue supported dispers- proposed by the commenters. Accessible ing accessible sleeping rooms proportionally rooms should be dispersed throughout all by specialty area. These comments, from medical specialties, such as obstetrics, individuals, organizations, and a building orthopedics, pediatrics, and cardiac care. code association, argued that it would not be difficult for hospitals to disperse rooms Section 35.151(i) Curb ramps by specialty area, given the high level of regulation to which hospitals are subject Section 35.151(e) on curb ramps in the and the planning that hospitals do based 1991 rule has been redesignated as on utilization trends. Further, commenters Sec. 35.151(i). In the NPRM, the Department suggested that without a requirement, it is proposed making a minor editorial change unlikely that hospitals would disperse the to this section, deleting the phrase “other rooms. In addition, concentrating acces- sloped areas’’ from the two places in which sible rooms in one area perpetuates seg- it appears in the 1991 title II regulation. In regation of individuals with disabilities, the NPRM, the Department stated that the which is counter to the purpose of the ADA. phrase “other sloped areas’’ lacks technical precision. The Department received no sig- The Department has decided to require nificant public comments on this proposal. medical care facilities to disperse their acces- Upon further consideration, however, the sible sleeping rooms in a manner that is Department has concluded that the regula- proportionate by type of medical specialty. tion should acknowledge that there are times 28 - Guidance on 2010 Standards: Title II Department of Justice