Guidance on the 2010 ADA Standards for Accessible Design

Subpart D - Title III Regulation for students with disabilities to participate. The Department has determined that One commenter, while supporting the use the best approach to this type of hous- of transient lodging standards in this area, ing is to continue to require the appli- argued that the Department also should cation of transient lodging standards develop regulations relating to the usability but, at the same time, to add several of equipment in housing facilities by persons requirements drawn from the resi- who are blind or visually impaired. Another dential facilities standards related commenter argued that the Department to accessible turning spaces and work should not impose the transient lodging surfaces in kitchens, and the acces- requirements on K-12 schools because the sible route throughout the unit. This will cost of adding elevators can be prohibitive, ensure the maintenance of the transient and because there are safety concerns lodging standard requirements related related to evacuating students in wheel- to access to all floors of the facility, roll- chairs living on floors above the ground floor in showers in facilities with more than in emergencies causing elevator failures. 50 sleeping rooms, and other important accessibility features not found in the The Department has considered the residential facilities standards, but also comments recommending the use of the will ensure usable kitchens and access residential facilities standards and acknowl- to all the rooms in a suite or apartment. edges that they require certain features that are not included in the transient lodg- The Department has added a new defini- ing standards and that should be required tion to Sec. 36.104, “Housing at a Place of for housing provided at a place of educa- Education,’’ and has revised Sec. 36.406(e) tion. In addition, the Department notes that to reflect the accessible features that now since educational institutions often use will be required in addition to the require- their academic housing facilities as short- ments set forth under the transient lodging term transient lodging in the summers, standards. The Department also recognizes it is important that accessible features that some educational institutions provide be installed at the outset. It is not realis- some residential housing on a year-round tic to expect that the educational institu- basis to graduate students and staff that tion will be able to adapt a unit in a timely is comparable to private rental housing manner in order to provide accessible but contains no facilities for educational accommodations to someone attending a programming. Section 36.406(e)(3) exempts one-week program during the summer. from the transient lodging standards apart- ments or townhouse facilities that are provided with a lease on a year-round 62 - Guidance on 2010 Standards: Title III Department of Justice