Guidance on the 2010 ADA Standards for Accessible Design

Subpart D - Title III Regulation a roll-in shower, in social service center The Department also notes that while establishments operated by public accom- dwelling units at some social service modations. The Department did, however, center establishments are also subject to receive comments in support of adding FHAct design and construction require- such a requirement regarding public entities ments that require certain features of under title II. The Department believes that adaptable and accessible design, FHAct social service center establishments that units do not provide the same level of provide emergency shelter to large transient accessibility that is required for residen- populations should be able to provide bath- tial facilities under the 2010 Standards. ing facilities that are accessible to persons The FHAct requirements, where also with mobility disabilities who need roll-in applicable, should not be considered a showers. Because of the transient nature substitute for the 2010 Standards. Rather, of the population of these large shelters, it the 2010 Standards must be followed in will not be feasible to modify bathing facili- addition to the FHAct requirements. ties in a timely manner when faced with a need to provide a roll-in shower with a The Department also notes that while in seat when requested by an overnight visi- the NPRM the Department used the term tor. As a result, the Department has added “social service establishment,’’ the final a requirement that social service center rule uses the term “ social service center establishments with sleeping accommo- establishment.’’ The Department has made dations for more than 50 individuals must this editorial change so that the final rule provide at least one roll-in shower with a is consistent with the terminology used in seat that complies with the relevant provi- the ADA. See 42 U.S.C. 12181(7)(K). sions of section 608 of the 2010 Standards. Transfer-type showers are not permitted in Section 36.406(e) Housing lieu of a roll-in shower with a seat, and the at a Place of Education exceptions in sections 608.3 and 608.4 for residential dwelling units are not permit- The Department of Justice and the ted. When separate shower facilities are Department of Education share responsi- provided for men and for women, at least bility for regulation and enforcement of the one roll-in shower must be provided for each ADA in postsecondary educational settings, group. This supplemental requirement to the including architectural features. Housing residential facilities standards is in addition types in educational settings range from to the supplemental requirement that was traditional residence halls and dormito- proposed in the NPRM for clear floor space ries to apartment or townhouse-style resi- in sleeping rooms with more than 25 beds. dences. In addition to title III of the ADA, 58 - Guidance on 2010 Standards: Title III Department of Justice