Guidance on the 2010 ADA Standards for Accessible Design

Subpart D - Title III Regulation accessible rooms, while the residential stan- of required accessible units for residential dards would require 8. In a large dormitory facilities as compared to transient lodg- with 500 rooms, the transient lodging stan- ing may increase the cost of construction dards would require 13 accessible rooms, or alteration, this cost would be offset by and the residential facilities standards would a reduced need later to adapt rooms if the require 25. There are other differences demand for accessible rooms exceeds between the two sets of standards, includ- the supply. The commenter also encour- ing requirements for accessible windows, aged the Department to impose a visit- alterations, kitchens, an accessible route ability (accessible doorways and neces- throughout a unit, and clear floor space in sary clear floor space for turning radius) bathrooms allowing for a side transfer. requirement for both the residential facili- ties and transient lodging requirements to In the NPRM, the Department requested allow students with mobility impairments to public comment on how to scope educa- interact and socialize in a fully integrated tional housing facilities, and it asked fashion. Another commenter stated that whether the residential facilities require- while dormitories should be treated like resi- ments or the transient lodging require- dences as opposed to transient lodging, the ments in the 2004 ADAAG would be more Department should ensure that “all floors are appropriate for housing at places of educa- accessible,’’ thus ensuring community inte- tion and asked how the different require- gration and visitability. Another commenter ments would affect the cost of building new argued that housing at a place of educa- dormitories and other student housing. See tion is comparable to residential housing, 73 FR 34508, 34545 (June 17, 2008). and that most of the housing types used by schools do not have the same ameni- The Department received several ties and services or function like transient comments on this issue under title III. One lodging and should not be treated as such. commenter stated that the Department should adopt the residential facilities stan- Several commenters focused on the dards for housing at a place of education. In length of stay at this type of housing and the commenter’s view, the residential facili- suggested that if the facilities are subject ties standards are congruent with overlap- to occupancy for greater than 30 days, the ping requirements imposed by HUD, and residential standards should apply. Another the residential facilities requirements would commenter supported the Department’s ensure dispersion of accessible features adoption of the transient lodging standards, more effectively. This commenter also arguing this will provide greater accessibil- argued that while the increased number ity and therefore increase opportunities Department of Justice Guidance on 2010 Standards: Title III - 61