Guidance on the 2010 ADA Standards for Accessible Design

Subpart D - Title III Regulation Section 36.406(d) Social Service The Department believes that a substantial Center Establishments percentage of social service providers are recipients of Federal financial assistance In the NPRM, the Department proposed a from the Department of Housing and Urban new Sec. 36.406(d) requiring group homes, Development (HUD). The Department of halfway houses, shelters, or similar social Health and Human Services (HHS) also service center establishments that provide provides financial assistance for the opera- temporary sleeping accommodations or tion of shelters through the Administration residential dwelling units to comply with the for Children and Families programs. As provisions of the 2004 ADAAG that apply to such, they are covered both by the ADA and residential facilities, including, but not limited section 504. UFAS is currently the design to, the provisions in sections 233 and 809. standard for new construction and altera- tions for entities subject to section 504. The NPRM explained that this proposal The two design standards for accessibility- was based on two important changes in the -the 1991 Standards and UFAS--have 2004 ADAAG. First, for the first time, resi- confronted many social service providers dential dwelling units are explicitly covered with separate, and sometimes conflicting, in the 2004 ADAAG in section 233. Second, requirements for design and construction the 2004 ADAAG eliminates the language of facilities. To resolve these conflicts, the contained in the 1991 Standards address- residential facilities standards in the 2004 ing scoping and technical requirements ADAAG have been coordinated with the for homeless shelters, group homes, and section 504 requirements. The transient similar social service center establish- lodging standards, however, are not simi- ments. Currently, such establishments are larly coordinated. The deletion of section covered in section 9.5 of the transient lodg- 9.5 of the 1991 Standards from the 2004 ing section of the 1991 Standards. The ADAAG presented two options: (1) Require deletion of section 9.5 creates an ambigu- coverage under the transient lodging stan- ity of coverage that must be addressed. dards, and subject such facilities to sepa- rate, conflicting requirements for design and The NPRM explained the Department’s construction; or (2) require coverage under belief that transferring coverage of social the residential facilities standards, which service center establishments from the tran- would harmonizes the regulatory require- sient lodging standards to the residential ments under the ADA and section 504. The facilities standards would alleviate conflicting Department chose the option that harmo- requirements for social service providers. nizes the regulatory requirements: coverage under the residential facilities standards. 56 - Guidance on 2010 Standards: Title III Department of Justice