Guidance on the 2010 ADA Standards for Accessible Design

Subpart D - Title III Regulation In the NPRM, the Department expressed increased level of accessibility by elimi- concern that the residential facilities stan- nating the confusion and inaction that are dards do not include a requirement for sometimes caused by the current existence clear floor space next to beds similar to of multiple requirements. One commenter the requirement in the transient lodging stated that the residential facilities guide- standards; as a result, the Department lines were more appropriate because indi- proposed adding a provision that would viduals housed in social service center require certain social service center estab- establishments typically stay for a prolonged lishments that provide sleeping rooms period of time, and guests of a transient with more than 25 beds to ensure that a lodging facility typically are not housed to minimum of 5 percent of the beds have participate in a program or receive services. clear floor space in accordance with section 806.2.3 of the 2004 ADAAG. One commenter opposed to the proposed section argued for the applica- The Department requested informa- tion of the transient lodging standards to tion from providers who operate homeless all social service center establishments shelters, transient group homes, halfway except those that were “intended as a houses, and other social service center person’s place of abode,’’ referencing establishments, and from the clients of the Department’s question related to the these facilities who would be affected definition of place of lodging in the title by this proposed change. In the NPRM, III NPRM. A second commenter stated the Department asked to what extent that the use of transient lodging guide- conflicts between the ADA and section lines would lead to greater accessibility. 504 have affected these facilities and what the effect would be of applying the The Department continues to be residential dwelling unit requirements to concerned about alleviating the challenges these facilities, rather than the require- for social service providers that are also ments for transient lodging guest rooms. subject to section 504 and that would likely be subject to conflicting requirements if the Many of the commenters supported transient lodging standard were applied. applying the residential facilities require- Thus, the Department has retained the ments to social service center establish- requirement that social service center ments stating that even though the residen- establishments comply with the residential tial facilities requirements are less demand- dwelling standards. The Department did ing, in some instances, the existence of not receive comments regarding adding a one clear standard will result in an overall requirement for bathing options, such as Department of Justice Guidance on 2010 Standards: Title III - 57