Americans With Disabilities Act (ADA) and Architectural Barriers Act (ABA) Accessibility Guidelines; Emergency Transportable Housing Units, 26125-26143 [2014-10162]
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Federal Register / Vol. 79, No. 88 / Wednesday, May 7, 2014 / Rules and Regulations
ARCHITECTURAL AND
TRANSPORTATION BARRIERS
COMPLIANCE BOARD
36 CFR Part 1191
RIN 3014–AA39
Americans With Disabilities Act (ADA)
and Architectural Barriers Act (ABA)
Accessibility Guidelines; Emergency
Transportable Housing Units
Architectural and
Transportation Barriers Compliance
Board.
ACTION: Final rule.
AGENCY:
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In this preamble, ‘‘we,’’ ‘‘our’’ and
‘‘us’’ refer to the Architectural and
Transportation Barriers Compliance
Board (Access Board).1
We, the Architectural and
Transportation Barriers Compliance
Board (Access Board), are issuing a final
rule that amends the Americans with
Disabilities Act (ADA) and Architectural
Barriers Act (ABA) Accessibility
Guidelines to specifically address
emergency transportable housing units
provided to disaster survivors by
entities subject to the ADA or ABA. The
final rule ensures that the emergency
transportable housing units are readily
accessible to and usable by disaster
survivors with disabilities. The U.S.
Department of Justice (DOJ) is required
to update its accessibility standards for
the design, construction, and alteration
of facilities (other than certain
transportation facilities) by entities
subject to the ADA to be consistent with
the final rule. The U.S. Department of
Housing and Urban Development (HUD)
is required to update its accessibility
standards for the design, construction,
and alteration of residential facilities by
entities subject to the ABA to be
consistent with the final rule.
DATES: The final rule is effective June 6,
2014. Compliance is not required by
entities subject to the ADA until DOJ
updates its accessibility standards to be
consistent with the final rule.
Compliance is not required by entities
subject to the ABA until HUD updates
its accessibility standards to be
consistent with the final rule.
The incorporation by reference of
certain publications listed in the rule
was approved by the Director of the
Federal Register as of September 21,
2004.
FOR FURTHER INFORMATION CONTACT:
Marsha Mazz, U.S. Access Board, 1331
F Street NW., Suite 1000, Washington,
DC 20004–1111. Telephone numbers:
(202) 272–0020 (voice) or (202) 272–
0076 (TTY). Email address: mazz@
access-board.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Table of Contents for Preamble
1. Executive Summary
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2. Statutory and Regulatory Background
3. Federal Emergency Management Agency
(FEMA)
4. Rulemaking History
5. Comments on Proposed Rule
A. Scoping Requirements for Units With
Mobility Features
B. Scoping Requirements for Units With
Communication Features
C. Needs of Individuals With Chemical and
Electrical Sensitivities
6. Discussion of Final Rule
7. Regulatory Analyses
1. Executive Summary
Legal Authority and Purpose
We are required by the Americans
with Disabilities Act (ADA) and the
Rehabilitation Act to issue guidelines
for the accessibility standards adopted
by the U.S. Department of Justice (DOJ)
for the design, construction, and
alteration of facilities (other than certain
transportation facilities) by entities
subject to the ADA.2 We are also
required by the Rehabilitation Act to
issue guidelines for the accessibility
standards adopted by the U.S.
Department of Housing and Urban
Development (HUD) for the design,
construction, and alteration of
residential facilities by entities subject
to the Architectural Barriers Act (ABA).3
Our current guidelines, the ADA and
ABA Accessibility Guidelines, were
issued in 2004.4 This final rule amends
the ADA and ABA Accessibility
Guidelines to specifically address
emergency transportable housing units
provided to disaster survivors by
entities subject to the ADA or ABA.
Compliance is not required by entities
subject to the ADA until DOJ updates its
accessibility standards to be consistent
with the final rule. Compliance is not
required by entities subject to the ABA
until HUD updates its accessibility
standards to be consistent with the final
rule.
1 The Access Board is an independent federal
agency established by section 502 of the
Rehabilitation Act. See 29 U.S.C. 792. The Access
Board consists of 13 members appointed by the
President from the public, a majority of which are
individuals with disabilities, and the heads of 12
federal agencies or their designees whose positions
are Executive Level IV or above. The federal
agencies are: The Departments of Commerce,
Defense, Education, Health and Human Services,
Housing and Urban Development, Interior, Justice,
Labor, Transportation, and Veterans Affairs;
General Services Administration; and United States
Postal Service.
2 29 U.S.C. 792(b)(3) and 42 U.S.C. 12204.
3 29 U.S.C. 792(b)(3).
4 36 CFR part 1191.
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Summary of Major Provisions
The final rule applies to entities
subject to the ADA or ABA that provide
emergency transportable housing units
to disaster survivors. Emergency
transportable housing units are
prefabricated so they can be deployed
rapidly in response to disasters. They
are transported on a single transport
vehicle over roadways, which results in
size and space limitations. They provide
temporary housing for persons whose
homes have been destroyed or damaged
by a disaster until they find suitable
permanent housing.
Where group sites are developed for
emergency transportable housing units,
the final rule requires at least 10 percent
of the unit pads at each group site to be
designed and constructed to accept the
installation of units with mobility
features for disaster survivors who have
mobility disabilities, and at least 5
percent of the total number of units
installed at each group site to provide
mobility features. Where emergency
transportable housing units are installed
on private sites provided by the
occupant of the unit, existing
commercial sites, or military
installations, the final rule requires
entities to provide units with mobility
features as determined by a needs
assessment conducted by the entity
providing the units.
The final rule requires emergency
transportable housing units with
mobility features to comply with the
technical requirements for residential
dwelling units with mobility features.
The final rule adds new technical
requirements for floor surfaces,
bedrooms, and weather alert systems in
emergency transportable housing units
with mobility features. The final rule
also requires a water spray unit at
kitchen sinks and a seat in roll-in type
and transfer type shower compartments
in emergency transportable housing
units with mobility features. The final
rule does not permit the use of platform
lifts at the primary entrance to
emergency transportable housing units
with mobility features. The final rule
revises existing exceptions and adds
new exceptions relating to operable
parts, ramps, grab bars, clear floor space
at lavatories and kitchen sinks, and
kitchen work surfaces in emergency
transportable housing units with
mobility features.
The final rule requires entities to
provide emergency transportable
housing units with communication
features for disaster survivors who are
deaf or have a hearing loss as
determined by a needs assessment
conducted by the entity providing the
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emergency transportable housing units,
regardless of the type of site where the
units are installed. The final rule
requires emergency transportable
housing units with communication
features to provide combination smoke
alarms and visible notification
appliances complying with NFPA 72
National Fire Alarm Code. Where
weather alert systems are provided in
emergency transportable housing units,
the final rule requires weather alert
systems in units with communication
features to provide audible and visible
output.
Summary of Costs and Benefits
The Federal Emergency Management
Agency (FEMA) is the only entity we
have identified that has recently
provided emergency transportable
housing units to disaster survivors.
FEMA is subject to the ABA. We
estimated the additional costs for FEMA
to provide emergency transportable
housing units that comply with the final
rule compared to units complying with
the Uniform Federal Accessibility
Standards (UFAS). UFAS is the
accessibility standard adopted by HUD
for residential facilities covered by the
ABA. We estimated the additional costs
under three scenarios. The scenarios do
not represent actual costs that FEMA
will incur each year since the number
of UFAS compliant units deployed by
FEMA varies from year to year. The first
scenario is based on the average number
of UFAS compliant units deployed per
year by FEMA in response to major
disasters and emergencies declared by
the President during the period from
calendar year 2008 to 2013, which were
165 UFAS compliant units. Under the
first scenario, we estimated the
additional costs to range from $28,425
to $104,775. The second scenario is
based on FEMA’s current baseline target
inventory of 298 UFAS compliant units.
Under the second scenario, we
estimated the additional costs to range
from $51,480 to $189,230. The third
scenario is based on the approximately
145,000 emergency transportable
housing units that FEMA deployed in
response Hurricanes Katrina and Rita.
Under the third scenario, we estimated
the additional costs to range from $2.5
million to $18.4 million depending on
whether 10, 15, or 20 percent of the
units are UFAS compliant. The
additional costs estimated under the
second and third scenarios may be
incurred over more than one year.
The final rule would benefit disaster
survivors with disabilities who need
temporary housing. The benefits are
difficult to quantify, but include
important national values recognized in
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Executive Order 13563 such as equity,
human dignity, and fairness.
2. Statutory and Regulatory
Background
The ADA prohibits discrimination on
the basis of disability.5 The ADA
requires facilities constructed or altered
by state and local governments, and
public accommodations and commercial
facilities constructed or altered by
private entities to be readily accessible
to and usable by individuals with
disabilities. DOJ is required to adopt
accessibility standards for the design,
construction, and alteration of facilities
(other than certain transportation
facilities) by entities subject to the
ADA.6
The ABA requires facilities
constructed or altered with federal
funds and facilities leased by federal
agencies to be readily accessible to and
usable by individuals with disabilities.7
HUD is required to adopt accessibility
standards for the design, construction,
and alteration of residential facilities by
entities subject to the ABA.8
We are required by the ADA and the
Rehabilitation Act to issue guidelines
for the accessibility standards adopted
by DOJ for the design, construction, and
alteration of facilities (other than certain
transportation facilities) by entities
subject to the ADA.9 We are also
required by the Rehabilitation Act to
issue guidelines for the accessibility
standards adopted by HUD for the
design, construction, and alteration of
residential facilities by entities subject
to the ABA.10 Our current guidelines,
the ADA and ABA Accessibility
Guidelines, were issued in 2004.
DOJ updated its accessibility
standards for the design, construction,
and alteration of facilities (other than
certain transportation facilities) by
entities subject to the ADA in 2010. The
DOJ 2010 standards reference the 2004
ADA and ABA Accessibility Guidelines
and include additional requirements.11
5 42
U.S.C. 12101 et seq.
U.S.C. 12134 and 12186. The U.S.
Department of Transportation is required to adopt
accessibility standards for the design, construction,
and alteration of facilities used to provide
designated public transportation, commuter rail
transportation, and intercity rail transportation. 42
U.S.C. 12149, 12163, and 12164.
7 42 U.S.C. 4151 et seq.
8 42 U.S.C. 4153. The Department of Defense and
United States Postal Service are required to adopt
accessibility standards for their respective facilities,
and the General Services Administration is required
to adopt accessibility standards for all other
facilities covered by the ABA. 42 U.S.C. 4142, 4154,
and 4154a.
9 29 U.S.C. 792(b)(3) and 42 U.S.C. 12204.
10 29 U.S.C. 792(b)(3).
11 28 CFR 35.104 and 36.104 (definitions of 2004
ADAAG and 2010 Standards).
6 42
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HUD adopted UFAS for the design,
construction, and alteration of
residential facilities by entities subject
to the ABA in 1984.12 HUD has not yet
updated its standards for residential
facilities to be consistent with the ADA
and ABA Accessibility Guidelines.
3. Federal Emergency Management
Agency (FEMA)
The final rule applies to entities
subject to the ADA or ABA that provide
emergency transportable housing units
to disaster survivors. FEMA is the only
entity we have identified that has
recently provided emergency
transportable housing units to disaster
survivors. FEMA is subject to the ABA.
The Robert T. Stafford Disaster Relief
and Emergency Assistance Act (Stafford
Act) authorizes FEMA to provide
various types of assistance when a major
disaster or emergency is declared by the
President.13 When disaster survivors are
displaced from their pre-disaster
primary residences as a result of damage
caused by a major disaster or
emergency, FEMA may provide them
financial assistance to rent alternative
housing.14 When there is an insufficient
supply of alternative housing, FEMA
may provide direct assistance by
purchasing or leasing emergency
transportable housing units for disaster
survivors.15 FEMA may install the
emergency transportable housing units
on private sites provided for free by the
occupant of the unit; existing
commercial sites such as manufactured
home parks; or group sites developed
specifically for the units.16 FEMA
develops group sites on property
provided by state or local governments
or property leased by FEMA only when
private sites and existing commercial
sites are unable to accommodate the
need for emergency transportable
housing units.17
Emergency transportable housing
units provided by FEMA are currently
required to comply with UFAS, the
accessibility standard adopted by HUD
for residential facilities covered by the
ABA. UFAS requires 5 percent of the
12 24
CFR 40.4.
U.S.C. 5121 et seq.
U.S.C. 5174(b) and (c)(1)(A), and 5192(a)(6).
15 42 U.S.C. 5174(c)(1)(B) and 5192(a)(6).
16 The Stafford Act requires the sites to be
complete with utilities. 42 U.S.C. 5174(d)(1)(a)(i).
FEMA may provide federal assistance for the
installation or repairs of utilities at private sites and
commercial sites when FEMA determines that it
will provide more cost effective, timely, and
suitable temporary housing than other types of
resources. 44 CFR 206.111 and 117(b)(1)(ii)(E).
17 FEMA, National Disaster Housing Strategy,
January 16, 2009, Annex 4: Disaster Housing
Community Site Operations at: https://
www.fema.gov/national-disaster-housing-strategyresource-center.
13 42
14 42
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total number of federally owned one
and two family dwelling units to
comply with the applicable technical
requirements.18 When HUD eventually
updates its standards for residential
facilities covered by the ABA to be
consistent with the ADA and ABA
Accessibility Guidelines, emergency
transportable housing units provided by
FEMA will be required to comply with
the updated HUD standards.
When disaster survivors apply for
assistance from FEMA, individuals with
disabilities are identified and their
housing needs are assessed.19 FEMA
maintains a baseline target inventory of
emergency transportable housing units
ready to deploy in response to major
disasters and emergencies based on
historical usage, lead time to produce
additional units, and installation
capacity. FEMA reassesses the baseline
at the beginning of each hurricane
season and may readjust it based on
operational needs, lessons learned, and
on-going analysis. FEMA’s current
baseline target inventory is 2,000 units
and 298 of the units (approximately 15
percent of the units) are targeted as
UFAS compliant.20 The actual number
of emergency transportable housing
units in the inventory varies as FEMA
deploys the units to affected areas and
contracts for the production of
additional units as needed. Where group
sites are developed, FEMA policy
specifies that at least 15 percent of the
unit pads be designed and constructed
to accept the installation of UFAS
compliant units.21 Unit pads that accept
the installation of UFAS compliant
units include additional space to install
an entry ramp to the unit and to provide
an accessible parking space for the unit.
FEMA provided us data on the
number of emergency transportable
18 UFAS
4.1.4(11)(c).
Recovery Policy (Interim) 9452.1,
Temporary Housing Units for Eligible Disaster
Victims with a Disability, October 13, 2006 at:
https://www.fema.gov/media-library-data/201307261819-25045-5130/temporary_housing_units_for_
eligible_disaster_victims_with_a_disability__
9452.1_.pdf. See also FEMA, National Disaster
Housing Strategy, January 16, 2009, Annex 3:
Summary of Programs for Special Needs and LowIncome Populations, Including Provision of
Housing Units for Individuals with Disabilities at:
https://www.fema.gov/national-disaster-housingstrategy-resource-center.
20 FEMA Manufactured Housing Unit Baseline
Inventory, July 26, 2013 available in the supporting
documents for the rulemaking at: https://
www.regulations.gov/#!docketDetail;D=ATBCB2012-0004.
21 FEMA, Recovery Policy (Interim) 9452.1,
Temporary Housing Units for Eligible Disaster
Victims with a Disability, October 13, 2006 at:
https://www.fema.gov/media-library-data/201307261819-25045-5130/temporary_housing_units_for_
eligible_disaster_victims_with_a_disability__
9452.1_.pdf.
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19 FEMA,
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housing units, including UFAS
compliant units, provided in response
to 27 major disasters and emergencies
declared by the President during the
period from calendar year 2008 to
2013.22 During this period, FEMA
provided a total of 9,324 emergency
transportable housing units, of which
991 units or 10.6 percent of the total
units were UFAS compliant. FEMA
installed approximately 5,568 of the
units, including about 569 UFAS
compliant units, on private sites
provided by occupants of the units.
FEMA installed approximately 2,258 of
the units, including about 277 UFAS
compliant units, on existing commercial
sites. FEMA installed approximately
1,395 of the units, including about 135
UFAS units, on group sites. Although
10.6 percent of the total number of
emergency transportable housing units
provided during this period was UFAS
compliant, the percentage of UFAS
compliant units varied widely from
disaster to disaster by the type of site.
FEMA informed us that some of the
UFAS compliant units were provided to
disaster survivors who do not have
disabilities due to the lack of inventory
of standard units. Thus, the actual need
for UFAS compliant units may be less
than the data indicate.
4. Rulemaking History
In response to issues raised about the
accessibility of emergency transportable
housing units provided by FEMA after
Hurricanes Katrina and Rita, we
convened an advisory committee in
2007 to make recommendations for
amending the ADA and ABA
Accessibility Guidelines to specifically
address emergency transportable
housing units. The advisory committee
members represented disability
advocacy organizations, manufacturers
of emergency transportable housing
units, standard setting organizations,
and federal agencies (FEMA, HUD, and
DOJ). The advisory committee
submitted a report with
recommendations to amend the ADA
and ABA Accessibility Guidelines in
2008. We issued a proposed rule to
amend the ADA and ABA Accessibility
Guidelines based on the advisory
committee’s report in 2012.23 The
advisory committee report and proposed
22 We included the data provided by FEMA in the
supporting documents for the rulemaking at:
https://www.regulations.gov/
#!docketDetail;D=ATBCB-2012-0004. The data is
organized by the calendar year in which the major
disaster or emergency was declared. FEMA may
have provided the emergency transportable housing
units over more than one calendar year in response
to a specific major disaster or emergency.
23 77 FR 36231 (June 18, 2012).
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26127
rule are available at: https://www.accessboard.gov/guidelines-and-standards/
buildings-and-sites/emergencytransportable-housing/background.
5. Comments on Proposed Rule
We received 44 comments on the
proposed rule, including comments
from 11 persons who testified at a
public hearing on the proposed rule.24
The comments are available at: https://
www.regulations.gov/
#!docketDetail;D=ATBCB-2012-0004.
Most of the comments were submitted
by disability advocacy organizations (17
comments) and individuals (16
comments). The manufactured housing
industry submitted four comments and
other interested persons submitted four
comments. The comments generally
supported the proposed rule, except for
the scoping requirements for units with
mobility features and units with
communication features. Ten
comments, including one comment that
was supported by 16 organizations and
over 100 individuals, recommended that
units meet the needs of individuals with
chemical and electrical sensitivities. We
respond to these comments below.
A. Scoping Requirements for Units With
Mobility Features
The ADA and ABA Accessibility
Guidelines require at least 5 percent of
the residential dwelling units in a
facility to provide mobility features.25
The advisory committee recommended
alternate scoping requirements for
emergency transportable housing units
with mobility features. Where
emergency transportable housing units
are installed on private sites provided
by the occupant of the unit, the advisory
committee recommended that entities
provide units with mobility features to
ensure non-discrimination on the basis
of disability as prescribed by regulations
implementing section 504 of the
Rehabilitation Act, the Stafford Act, and
the ADA.26 Where emergency
transportable housing units are installed
on group sites, the advisory committee
24 Some of the persons who testified at the public
hearing also submitted written comments. Two of
the comments were duplicates and one comment
was a test.
25 Where a facility has 15 or fewer residential
dwelling units, the scoping requirement applies to
the total number of residential dwelling units that
are constructed under a single contract, or are
developed as a whole, whether or not located on a
common site. See sections 233.3.1, F233.3.1, and
F233.4.1 of the ADA and ABA Accessibility
Guidelines.
26 See 44 CFR part 16 for FEMA’s regulations
implementing section 504 of the Rehabilitation Act;
44 CFR part 206 for FEMA’s regulations
implementing the Stafford Act; and 28 CFR parts 35
and 36 for DOJ’s regulations implementing Titles II
and III of the ADA.
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recommended that 10 percent of the
units should provide mobility features.
The advisory committee based this
recommendation on the number of
UFAS compliant units that FEMA had
in its inventory at the time the
committee issued its report.27 The
advisory committee did not specifically
address emergency transportable
housing units installed on existing
commercial sites.
The proposed rule did not specify the
number of emergency transportable
housing units with mobility features to
be provided because the number of
disaster survivors who need such units
may vary from disaster to disaster by the
type of site on which the units are
installed. Instead, the proposed rule
adopted the approach recommended by
the advisory committee for private sites
to any type of site, and would have
required entities to provide emergency
transportable housing units with
mobility features in accordance with
regulations implementing section 504 of
the Rehabilitation Act, the Stafford Act,
and the ADA. As explained in the
preamble to the proposed rule, we
intended entities to provide emergency
transportable housing units with
mobility features based on the assessed
needs of the disaster survivors.28
Some of the disability advocacy
organizations and individuals who
commented on the proposed rule
recommended that 10 percent, 14
percent, or 15 percent of the total
number of emergency transportable
housing units installed on group sites
should provide mobility features.
The final rule addresses the different
types of sites on which emergency
transportable housing units are
installed. Where emergency
transportable housing units are installed
on private sites provided by the
occupant of the units, the final rule
requires entities to provide units with
mobility features as determined by a
needs assessment conducted by the
entity providing the emergency
transportable housing units.29 This will
ensure that disaster survivors with a
disability who want a unit with mobility
features to be installed on a private site
that can accommodate the unit are
27 Advisory Committee Final Report, Consensus
Recommendations, Item 5: Scoping at: https://
www.access-board.gov/guidelines-and-standards/
buildings-and-sites/emergency-transportablehousing/background. The advisory committee
noted that FEMA had an inventory of
approximately 4,000 emergency transportable
housing units and 10 percent of the units were
UFAS compliant.
28 77 FR 36239 (June 18, 2012).
29 See redesignated sections 233.3.1.2.1 and
F233.4.1.2.1 of the ADA and ABA Accessibility
Guidelines.
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provided such a unit.30 Disaster
survivors prefer to have emergency
transportable housing units installed on
the site of their pre-disaster primary
residence where possible so they can
remain in their communities and
supervise the repair or reconstruction of
their homes. Approximately 60 percent
of the emergency transportable housing
units provided by FEMA in response to
major disasters and emergencies
declared by the President between
calendar years 2008 and 2013 were
installed on private sites provided by
the occupants of the units.
Where group sites are developed for
emergency transportable housing units,
the final rule requires entities to design
and construct at least 10 percent of the
unit pads to accept the installation of
units with mobility features and to be
on an accessible route.31 We required a
minimum number of unit pads at group
sites to be designed and constructed to
accept the installation of units with
mobility features and to be on an
accessible route because it is more cost
effective to do so when the group sites
are initially developed rather than
altering the unit pads and circulation
paths after the group sites are
developed. The scoping requirement for
unit pads at group sites is a minimum
requirement and entities that develop
group sites may exceed the minimum
requirement. As noted earlier, FEMA
policy specifies that at least 15 percent
of the unit pads at group sites be
designed and constructed to accept the
installation of UFAS compliant units.
The final rule also requires at least 5
percent of the total number of the
emergency transportable housing units
installed on group sites to provide
mobility features. This is consistent
with the current scoping requirement
for residential facilities in the ADA and
ABA Accessibility Guidelines. We did
not require at least 10 percent of the
total number of units installed on group
sites to provide mobility features
because the data provided by FEMA for
group sites where emergency
transportable housing units were
installed in response to major disasters
and emergencies declared by the
President between calendar years 2008
and 2013 show that less than 10 percent
of the total number of units installed on
about half of the group sites were UFAS
30 FEMA requires a private site feasibility
inspection to ensure that all necessary utilities are
operational and that the unit can be installed within
the space available.
31 See redesignated sections 233.3.1.2.2.1 and
F233.4.1.2.2.1 of the ADA and ABA Accessibility
Guidelines.
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compliant.32 Requiring at least 10
percent of the total number of units
installed on group sites to provide
mobility features would limit FEMA’s
ability to provide units with mobility
features at other types of sites based on
the assessed needs of disaster survivors
with disabilities. If more units with
mobility features are needed at private
sites and existing commercial sites than
at group sites, requiring at least 10
percent of the total number of units
installed on group sites to provide
mobility features could result in fewer
units with mobility features being
available to install at the private sites
and existing commercial sites.
Where federal agencies lease space at
existing commercial sites such as
manufactured home parks to install
emergency transportable housing units,
the final rule requires entities to provide
units with mobility features as
determined by a needs assessment
conducted by the entity providing the
emergency transportable housing
units.33 Data provided by FEMA on the
number of emergency transportable
housing units installed at existing
commercial sites in response to major
disasters and emergencies declared by
the President between calendar years
2008 and 2013 show that the percent of
UFAS compliant units installed at the
sites varied widely from less than 5
percent to more than 50 percent. We did
not specify the number of units with
mobility features to be installed at
existing commercial sites because the
data vary so widely. The number of
units with mobility features that should
be installed at existing commercial sites
is best determined by a needs
assessment conducted by the entity
providing the units.
Where emergency transportable
housing units are installed on military
installations, the final rule requires
units with mobility features to be
provided as determined by a needs
assessment conducted by the entity
providing the units.34 We did not
require a minimum number of units
with mobility features to be installed on
military installations because there are
no data available on emergency
32 We included the data provided by FEMA on
group sites in the supporting documents for the
rulemaking at: https://www.regulations.gov/
#!docketDetail;D=ATBCB-2012-0004. FEMA
installed emergency transportable housing units on
17 group sites during the relevant period. Data were
not available on the number and type of units
installed at 8 of the group sites.
33 See new section F202.6.5.9 of the ADA and
ABA Accessibility Guidelines.
34 See redesignated section F233.3.2.2 of the ADA
and ABA Accessibility Guidelines.
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transportable housing units provided on
military installations.
B. Scoping Requirements for Units With
Communication Features
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The ADA and ABA Accessibility
Guidelines require at least 2 percent of
the residential dwelling units in a
facility to provide communication
features.35 The advisory committee did
not recommend alternate scoping
requirements for emergency
transportable housing units with
communication features. The proposed
rule did not specify the number of
emergency transportable housing units
with communication features to be
provided because the number of disaster
survivors who need such units may vary
from disaster to disaster by the type of
site on which the units are installed.
Instead, the proposed rule would have
required entities to provide emergency
transportable housing units with
communication features in accordance
with the regulations implementing
section 504 of the Rehabilitation Act,
the Stafford Act, and the ADA, similar
to what we proposed for emergency
transportable housing units with
mobility features.
Some of the disability advocacy
organizations and individuals who
commented on the proposed rule
recommended that 2 percent of the total
number of emergency transportable
housing units installed on group sites
should provide communication features.
The final rule requires entities to
provide emergency transportable
housing units with communication
features as determined by a needs
assessment conducted by the entity
providing the units because the number
of disaster survivors who need units
with communication features may vary
from disaster to disaster by the type of
site on which the units are installed.36
All the emergency transportable housing
units provided by FEMA include the
communication features required by the
final rule, including combination smoke
alarms and visual notification
appliances complying with NFPA 72
National Fire Alarm Code and weather
alert systems with audible and visible
output.
35 Where a facility has 15 or fewer residential
dwelling units, the scoping requirement applies to
the total number of residential dwelling units that
are constructed under a single contract, or are
developed as a whole, whether or not located on a
common site. See sections 233.3.1, F233.3.1, and
F233.4.1 of the ADA and ABA Accessibility
Guidelines.
36 See new section F202.6.5.10 and redesignated
sections 233.3.2.2, F233.3.2.2, and F233.4.2.2 of the
ADA and ABA Accessibility Guidelines.
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C. Needs of Individuals With Chemical
and Electrical Sensitivities
The advisory committee included a
member of an organization
knowledgeable about the needs of
individuals with chemical and electrical
sensitivities. The advisory committee
discussed issues related to the indoor
environmental quality of emergency
transportable housing units, but the
committee concluded that it did not
have the expertise to address the issues.
In the proposed rule, we noted that
FEMA currently requires emergency
transportable housing units to comply
with HUD’s Manufactured Home
Construction and Safety Standards,
which include formaldehyde emission
levels for plywood and particle board
materials installed in the homes.37 The
Environmental Protection Agency also
has initiated rulemaking to address
formaldehyde emissions from composite
wood products.38
Comments submitted on behalf of
individuals with chemical and electrical
sensitivities noted that they experience
disabling reactions to very low level
exposures to formaldehyde and other
volatile organic compounds. They
recommended that FEMA provide
emergency transportable housing units
constructed of porcelain or comparable
materials for individuals with chemical
sensitivities. We have shared the
comments with FEMA to further
consider how to meet the needs of these
individuals.
6. Discussion of Final Rule
The ADA and ABA Accessibility
Guidelines are codified as appendices to
36 CFR part 1191. Appendix A contains
the Table of Contents. Appendix B
contains the scoping requirements for
facilities covered by the ADA. Appendix
C contains the scoping requirements for
facilities covered by the ABA. The
scoping requirements in Appendix C are
preceded by the letter ‘‘F’’ to distinguish
them from the scoping requirements in
Appendix B. Appendix D contains the
technical requirements for facilities
covered by the ADA and the ABA. The
amendments to the ADA and ABA
Accessibility Guidelines made by the
final rule are discussed below under the
applicable appendices.39
The final rule reorganizes and
renumbers the scoping requirements for
37 24
CFR 3280.308.
FR 34820 (June 10, 2013).
39 The revisions made by the final rule to the
guidelines do not change the requirements in the
DOJ 2010 Standards until DOJ adopts the revisions.
The sections of the DOJ 2010 Standards relating to
residential facilities are not revised or renumbered.
See 36 CFR 1191.1, Note 2 to paragraph (a), as
amended in 78 FR 59493 (September 26, 2013).
38 78
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26129
residential facilities in section 233 in
Appendix B and section F233 in
Appendix C, and the technical
requirements for residential dwelling
units in section 809 in Appendix D. The
final rule edits other sections of the
guidelines that reference the scoping
requirements for residential facilities in
sections 233 and F233 and the technical
requirements for residential dwelling
units in section 809 to conform to the
renumbered requirements in those
sections. The final rule also edits the
words ‘‘residential facilities’’ in several
sections of the guidelines to read
‘‘facilities with residential dwelling
units.’’ All references to the sections of
the guidelines in this section of the
preamble are to the renumbered
sections.
There are no revisions to the Table of
Contents in Appendix A.
Appendix B to 36 CFR Part 1191—
Americans With Disabilities Act:
Scoping; Appendix C to 36 CFR Part
1191—Architectural Barriers Act:
Scoping
Since most of the scoping
requirements in Appendices B and C are
the same, the revisions made by the
final rule to the scoping requirements
are discussed together.
105.2.5 NFPA; F105.2.5 NFPA
These sections incorporate by
reference the NFPA 72 National Fire
Alarm Code (1999 and 2002 Editions).
The final rule edits the references to the
sections of the guidelines that require
compliance with the NFPA 72 National
Fire Alarm Code to conform to the
renumbered technical requirements for
residential dwelling units in section
809.
106.5 Defined Terms; F106.5 Defined
Terms
The final rule adds a definition to
these sections for the term ‘‘emergency
transportable housing unit.’’ The term is
defined to mean a single or multiple
section prefabricated structure that is
transportable on a single transport
vehicle and that can be set-up and
installed on a temporary site in response
to an emergency need for temporary
housing. The definition lists travel
trailers, park models, manufactured
housing, and other factory built housing
among the structures covered by the
definition. Modular homes that are
transportable on multiple vehicles and
are joined together on a site are not
covered by the definition. The
definition considers emergency
transportable housing units as a type of
residential dwelling unit for the
purposes of the guidelines.
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F202.6.5.8 Residential Dwelling Units;
F202.6.5.9 Emergency Transportable
Housing Units With Mobility Features;
F202.6.5.10 Emergency Transportable
Housing Units With Communication
Features
The ABA applies to facilities leased
by federal agencies. In Appendix C, the
scoping requirements for facilities
leased by federal agencies are contained
in section F202.6. There are no scoping
requirements for leased facilities in
Appendix B.40 The final rule revises
section F202.6.5.8 to require residential
dwelling units, other than emergency
transportable housing units, leased by
federal agencies to comply with the
scoping requirements in F233 for
residential facilities. The final rule adds
new sections F202.6.5.9 and F206.5.9.10
to address emergency transportable
housing units installed on existing
commercial sites leased by federal
agencies. A commercial site is a
privately-owned facility containing
factory-built housing that is customarily
leased for a fee and that is fully
equipped to accommodate emergency
transportable housing units. Where
emergency transportable housing units
are installed on existing commercial
sites, sections F202.6.5.9 and
F206.5.9.10 require entities to provide
emergency transportable housing units
with mobility features and emergency
transportable housing units with
communication features as determined
by a needs assessment conducted by the
entity providing the emergency
transportable housing units.
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203.8 Residential Facilities; F203.9
Residential Facilities
These sections contain a general
exception for facilities with residential
dwelling units. The exception does not
require common use areas that do not
serve residential dwelling units required
to provide mobility features to comply
with the scoping requirements or to be
on an accessible route. The final rule
revises the exception to also apply to
common use areas that do not serve
emergency transportable housing unit
pads designed and constructed to accept
the installation of units with mobility
features.
205 Operable Parts; F205 Operable
Parts
These sections require operable parts
located on accessible elements and
40 Public entities subject to Title II of the ADA are
required to comply with program accessibility
requirements in existing facilities. See 28 CFR
35.150. Private entities subject to Title III of the
ADA are required to comply with barrier removal
requirements in existing facilities. See 28 CFR
36.304.
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accessible routes and in accessible
rooms and spaces to comply with the
technical requirements for operable
parts, including clear floor space, reach
ranges, and operation. The sections
contain several exceptions. As
discussed below, the final rule revises
Exception 3 and adds Exceptions 9, 10,
and 11 to the sections.
Exception 3 (Electrical Outlets in
Kitchen)
Where two or more electrical outlets
are provided in a kitchen above a length
of counter top that is uninterrupted by
a sink or appliance, Exception 3 does
not require one of the outlets to comply
with the technical requirements for
operable parts. Kitchens in emergency
transportable housing units typically
have fewer electrical outlets than
kitchens in other types of residential
dwelling units. The final rule revises
Exception 3 so that it does not apply to
emergency transportable housing units
required to provide mobility features.
Exception 9 (Residential Dwelling Units
and Transient Lodging Guest Rooms Not
Required To Provide Mobility Features)
The final rule adds Exception 9 for
residential dwelling units and transient
lodging guest rooms that are not
required to provide mobility features.
Exception 9 clarifies that operable parts
in these units are not required to
comply with the technical requirements
for operable parts.
Exception 10 (Operable Parts Beneath
Emergency Transportable Housing
Units)
The final rule adds Exception 10 for
operable parts located beneath the body
of emergency transportable housing
units required to provide mobility
features. These operable parts are
typically used by service personnel for
maintenance purposes and are not
intended to be used by the occupants of
the emergency transportable housing
units. Exception 10 does not require
these operable parts to comply with the
technical requirements for operable
parts.
Exception 11 (Water Shut-Off Valves)
The final rule adds Exception 11 for
water shut-off valves. Water shut-off
valves are typically located beneath
sinks and toilets, and do not meet the
technical requirements for clear floor
space and reach ranges. The proposed
rule would not have required water-shut
off valves in emergency transportable
housing units with mobility features to
comply with the technical requirements
for operable parts where a single shutoff valve complying with the technical
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requirements for clear floor space and
reach ranges is provided for the entire
unit. The final rule does not require
water shut-off valves in any type of
occupancy to comply with the technical
requirements for operable parts. Since
we do not know whether it is feasible
to provide a single water shut-off valve
in all other occupancies, the final rule
does not require a single water shut-off
valve to be provided in order to use
Exception 11.
206.2.3 Multi-Story Buildings
(Exception 4); F206.2.3 Multi-Story
Buildings (Exception 4)
The final rule edits the references in
Exception 4 to these sections to the
technical requirements for residential
dwelling units with mobility features to
conform to the renumbered technical
requirements in section 809.
206.4.6 Residential Dwelling Unit
Primary Entrance; F206.4.6
Residential Dwelling Unit Primary
Entrance
The final rule edits these sections to
reference the technical requirements for
residential dwelling units with mobility
features.
206.5.4 Residential Dwelling Units;
F206.5.4 Residential Dwelling Units
The final rule edits the references in
these sections to the technical
requirements for residential dwelling
units with mobility features to conform
to the renumbered technical
requirements in section 809.
206.7 Platform Lifts; F206.7 Platform
Lifts
These sections specify where platform
lifts are permitted as a component of an
accessible route in new construction.
The final rule does not permit the use
of platform lifts at the primary entrance
to an emergency transportable housing
unit required to provide mobility
features. The floor level of emergency
transportable housing units is elevated
above the ground. Although safety
standards require manufactured housing
to provide a secondary means of escape,
the secondary means of escape usually
is not accessible to occupants with
mobility disabilities. In emergency
transportable housing units required to
provide mobility features, the primary
entrance to the unit is the only
accessible means of escape for
occupants with mobility disabilities to
evacuate the unit in an emergency.
Platform lifts are not permitted at the
primary entrance to emergency
transportable housing units required to
provide mobility features because the
time needed to operate a platform lift
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and, if necessary, to recall it to the level
of exit discharge can result in
unnecessary delays for occupants with
mobility disabilities evacuating the unit
in an emergency.
206.7.6 Guest Rooms and Residential
Dwelling Units; F206.7.6 Guest Rooms
and Residential Dwelling Units
The final rule edits the references in
these sections to the technical
requirements for residential dwelling
units with mobility features to conform
to the renumbered technical
requirements in section 809.
208.2.3 Residential Facilities; F208.2.3
Residential Facilities
The final rule edits the words
‘‘residential facilities’’ in these sections
to read ‘‘facilities with residential
dwelling units.’’
208.2.3.1 Parking for Residents;
F208.2.3.1 Parking for Residents
The final rule edits the references in
these sections to the technical
requirements for residential dwelling
units with mobility features to conform
to the renumbered technical
requirements in section 809.
228.2
208.3.2 Residential Facilities; F208.3.2
Residential Facilities
The final rule edits the references in
these sections to the technical
requirements for residential dwelling
units with mobility features to conform
to the renumbered technical
requirements in section 809.
233 Residential Facilities; F233
Residential Facilities
215.5 Residential Dwelling Units;
F215.5 Residential Dwelling Units
The final rule edits the references in
these sections to the technical
requirements for residential dwelling
units with communication features to
conform to the renumbered technical
requirements in section 809.
Old sections
Mail Boxes; F228.2
Mail Boxes
The final rule edits the references in
these sections to the technical
requirements for residential dwelling
units with mobility features to conform
to the renumbered technical
requirements in section 809.
The final rule reorganizes and
renumbers the provisions in these
sections as shown below in order to add
scoping requirements for emergency
transportable housing units required to
provide mobility features and for
emergency transportable housing units
required to provide communication
features.41 The final rule also edits the
references to the technical requirements
for residential dwelling units with
mobility features in the provisions to
conform to the renumbered technical
requirements in section 809.
New sections
ADA Scoping Requirements
233 Residential Facilities .......................................................................
233.1 General ........................................................................................
233.2 Residential Dwelling Units Provided by Entities Subject to HUD
Section 504 Regulations.
233.3 Residential Dwelling Units Provided by Entities Not Subject to
HUD Section 504 Regulations.
233.3.1 Minimum Number: New Construction .......................................
233.3.1.1 Residential Dwelling Units with Mobility Features .................
233.3.1.2
Residential Dwelling Units with Communication Features ....
233.3.2 Residential Dwelling Units for Sale ..........................................
233.3.3 Additions ...................................................................................
233.3.4 Alterations .................................................................................
233.3.4.1 Alterations to Vacated Buildings ............................................
233.3.4.2 Alterations to Individual Residential Dwelling Units ..............
233.3.5 Dispersion .................................................................................
233 Residential Facilities
233.1 General
233.2 Residential Dwelling Units Provided by Entities Subject to HUD
Section 504 Regulations
233.3 Residential Dwelling Units Provided by Entities Not Subject to
HUD Section 504 Regulations
233.3.1 Residential Dwelling Units with Mobility Features
233.3.1.1 Facilities Other Than Those Containing Emergency Transportable Housing Units
233.3.1.2 Facilities Containing Emergency Transportable Housing
Units
233.3.1.2.1 Private Sites Provided by Occupant of Unit
233.3.1.2.2 Group Sites
233.3.1.2.2.1 Unit Pads
233.3.1.2.2.2 Units Installed
233.3.2 Residential Dwelling Units with Communication Features
233.3.2.1 Facilities Other Than Those Containing Emergency Transportable Housing Units
233.3.2.2 Facilities Containing Emergency Transportable Housing
Units
233.3.3 Residential Dwelling Units for Sale
233.3.4 Additions
233.3.5 Alterations
233.3.5.1 Alterations to Vacated Buildings
233.3.5.2 Alterations to Individual Residential Dwelling Units
233.3.6 Dispersion
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ABA Scoping Requirements
F233 Residential Facilities .....................................................................
F233.1 General ......................................................................................
F233.2 Residential Dwelling Units Provided by HUD or Through Grant
or Loan Programs Administered by HUD.
F233.3 Residential Dwelling Units Provided on Military Installations ....
F233.3.1 Minimum Number: New Construction .....................................
F233.3.1.1 Residential Dwelling Units with Mobility Features ...............
41 See
F233 Residential Facilities
F233.1 General
F233.2 Residential Dwelling Units Provided by HUD or Through Grant
or Loan Programs Administered by HUD
F233.3 Residential Dwelling Units Provided on Military Installations
F233.3.1 Residential Dwelling Units with Mobility Features
F233.3.1.1 Facilities Other Than Those Containing Emergency Transportable Housing Units
F233.3.1.2 Facilities Containing Emergency Transportable Housing
Units
footnote 39.
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Old sections
F233.3.1.2
New sections
Residential Dwelling Units with Communication Features ..
F233.3.2 Additions .................................................................................
F233.3.3 Alterations ...............................................................................
F233.3.3.1 Alterations to Vacated Buildings ..........................................
F233.3.3.2 Alterations to Individual Residential Dwelling Units ............
F233.3.4 Dispersion ...............................................................................
F233.4 Residential Dwelling Units Provided by Other Federal Agencies or Through Grant or Loan Programs Administered by Other Federal Agencies.
F233.4.1 Minimum Number: New Construction .....................................
F233.4.1.1 Residential Dwelling Units with Mobility Features ...............
F233.4.1.2
Residential Dwelling Units with Communication Features ..
F233.4.2 Residential Dwelling Units for Sale ........................................
F233.4.3 Additions .................................................................................
F233.4.4 Alterations ...............................................................................
F233.4.4.1 Alterations to Vacated Buildings ..........................................
F233.4.4.2 Alterations to Individual Residential Dwelling Units ............
F233.4.5 Dispersion ...............................................................................
233.3.1 Residential Dwelling Units
With Mobility Features; F233.3.1
Residential Dwelling Units With
Mobility Features; F233.4.1 Residential
Dwelling Units With Mobility Features
These sections contain the scoping
requirements for residential dwelling
units with mobility features.42 The
scoping requirements for facilities that
do not contain emergency transportable
housing units are in sections 233.3.1.1,
F233.3.1.1, and F233.4.1.1, and they are
not changed.
233.3.1.2 Facilities Containing
Emergency Transportable Housing
Units; F233.4.1.2 Facilities Containing
Emergency Transportable Housing Units
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These sections contain the scoping
requirements for emergency
transportable housing units with
mobility features installed at facilities
other than military installations. Where
42 The scoping requirements in section 233.3.1
apply to residential dwelling units provided by
non-federal entities who are not subject to
regulations issued by HUD under section 504 of the
Rehabilitation Act. The scoping requirements in
section F233.3.1 apply to residential dwelling units
provided on military installations. The scoping
requirements in section F233.4.1 apply to
residential dwelling units provided by federal
agencies (other than HUD) or by non-federal entities
through a grant or loan program administered by a
federal agency (other than HUD).
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F233.3.2 Residential Dwelling Units with Communication Features
F233.3.2.1 Facilities Other Than Those Containing Emergency Transportable Housing Units
F233.3.2.2 Facilities Containing Emergency Transportable Housing
Units
F233.3.3 Additions
F233.3.4 Alterations
F233.3.4.1 Alterations to Vacated Buildings
F233.3.4.2 Alterations to Individual Residential Dwelling Units
F233.3.5 Dispersion
F233.4 Residential Dwelling Units Provided by Other Federal Agencies or Through Grant or Loan Programs Administered by Other
Federal Agencies
F233.4.1 Residential Dwelling Units with Mobility Features
F233.4.1.1 Facilities Other Than Those Containing Emergency Transportable Housing Units
F233.4.1.2 Facilities Containing Emergency Transportable Housing
Units
F233.4.1.2.1 Private Sites Provided by Occupant of Unit
F233.4.1.2.2 Group Sites
F233.4.1.2.2.1 Unit Pads
F233.4.1.2.2.2 Units Installed
F233.4.2 Residential Dwelling Units with Communication Features
F233.4.2.1 Facilities Other Than Those Containing Emergency Transportable Housing Units
F233.4.2.2 Facilities Containing Emergency Transportable Housing
Units
F233.4.3 Residential Dwelling Units for Sale
F233.4.4 Additions
F233.4.5 Alterations
F233.4.5.1 Alterations to Vacated Buildings
F233.4.5.2 Alterations to Individual Residential Dwelling Units
F233.4.6 Dispersion
emergency transportable housing units
are installed on private sites provided
by the occupant of the unit, the final
rule requires entities to provide units
with mobility features on the private
sites as determined by a needs
assessment conducted by the entity
providing the units. Where group sites
are developed for emergency
transportable housing units, the final
rule requires at least 10 percent of the
unit pads to be designed and
constructed to accept the installation of
units with mobility features and to be
on an accessible route, and at least 5
percent of the total number of units
installed on the group sites to provide
mobility features.
F233.3.1.2 Facilities Containing
Emergency Transportable Housing Units
This section contains the scoping
requirement for emergency
transportable housing units with
mobility features installed on military
installations. The final rule requires
entities to provide emergency
transportable housing units with
mobility features on military
installations as determined by a needs
assessment conducted by the entity
providing the units.
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233.3.2 Residential Dwelling Units
With Communication Features; F233.3.2
Residential Dwelling Units With
Communication Features; F233.4.2
Residential Dwelling Units With
Communication Features
These sections contain the scoping
requirements for residential dwelling
units with communication features.43
The scoping requirements for facilities
that do not contain emergency
transportable housing units are in
sections 233.3.2.1, F233.3.2.1, and
F233.4.2.1, and they are not changed.
233.3.1.2 Facilities Containing
Emergency Transportable Housing
Units; F233.3.1.2 Facilities Containing
Emergency Transportable Housing
Units; F233.4.1.2 Facilities Containing
Emergency Transportable Housing Units
These sections contain the scoping
requirements for emergency
43 The scoping requirements in section 233.3.2
apply to residential dwelling units provided by
non-federal entities who are not subject to
regulations issued by HUD under section 504 of the
Rehabilitation Act. The scoping requirements in
section F233.3.2 apply to residential dwelling units
provided on military installations. The scoping
requirements in section F233.4.2 apply to
residential dwelling units provided by federal
agencies (other than HUD) or by non-federal entities
through a grant or loan program administered by a
federal agency (other than HUD).
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transportable housing units with
communication features. The final rule
requires entities to provide emergency
transportable housing units with
communication features as determined
by a needs assessment conducted by the
entity providing the units.
233.3.6 Dispersion (Exception 2);
F233.3.5 Dispersion (Exception 2);
F233.4.6 Dispersion (Exception 2)
The final rule adds Exception 2 to
these sections. Exception 2 does not
require emergency transportable
housing units required to provide
mobility features to be dispersed among
the various types of units in the facility
or to provide choices of units
comparable to those available to others
since disaster survivors are provided
units based on their assessed needs.
Exception 2 does not exempt emergency
transportable housing units required to
provide mobility features from the
requirement that the units be integrated
with those available to other residents
so that disaster survivors with
disabilities are not segregated at group
sites.
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Appendix D to 36 CFR Part 1191—
Technical
405.2 Slope (Exception 2); 405.6 Rise
(Exception)
These sections contain the technical
requirements for the running slope and
rise of ramp runs. The running slope of
ramp runs must not be steeper than 1:12
and any ramp rise must be 30 inches
maximum. The floor level of emergency
transportable housing units is typically
elevated 36 inches above the ground. To
comply with the technical requirements,
entry ramps installed at emergency
transportable housing units with
mobility features must have at least two
ramp runs and an intermediate landing
between the ramp runs. The entry ramps
occupy 158 to 180 square feet
depending on the landing
configuration.44 The final rule adds
exceptions to the technical requirements
that permit a single ramp run with a
slope not steeper than 1:10 and 36
inches maximum rise where existing
physical or site constraints would
prohibit the installation of an entry
ramp complying with the slope and rise
requirements at emergency
transportable housing units installed on
private sites provided by the occupant
of the unit. The exceptions reduce the
area occupied by the entry ramps to 120
44 Where the ramp runs and landings are in a
straight configuration, the landing is approximately
18 square feet. Where the ramp runs change
direction at the landings, the landing is
approximately 40 square feet.
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square feet. The exceptions may enable
disaster survivors with disabilities who
need emergency transportable housing
units with mobility features to have the
units installed on their private home
sites where existing physical or site
constraints may otherwise prohibit the
installation of an entry ramp complying
with the technical requirements at the
unit. Many individuals with disabilities
have difficulty using ramps with slopes
steeper than 1:12 and may find entry
ramps with a 1:10 slope not usable.
Because individuals with disabilities
have varying needs and capabilities, the
concurrence of individuals with
disabilities who will use the entry
ramps should be obtained before using
the exceptions.
409.1
General
The final rule edits the references in
these sections to the technical
requirements for residential dwelling
units with mobility features to conform
to the renumbered technical
requirements in section 809.
604.5
Grab Bars (Exception 2)
Exception 2 to this section permits
grab bars to not be installed at water
closets in residential dwelling units
required to provide mobility features
provided that the walls are reinforced to
support future installation of grab bars.
The final rule revises Exception 2 so
that it does not apply to emergency
transportable housing units required to
provide mobility features since it could
result in delays in installing grab bars in
the units.
606.2
Clear Floor Space (Exception 3)
This section requires clear floor space
positioned for a forward approach and
knee and toe clearance to be provided
at lavatories and sinks. Exception 3 to
the section permits readily removable
cabinetry to be installed under
lavatories and sinks in residential
dwelling units required to provide
mobility features provided that the
finish floor extends under the cabinetry
and the walls behind and surrounding
the cabinetry are finished. The final rule
revises Exception 3 so that it does not
apply to emergency transportable
housing units required to provide
mobility features.
606.4
Faucets and Water Spray Units
The final rule revises this section to
require a water spray unit to be
provided at the kitchen sink in
emergency transportable housing units
required to provide mobility features so
individuals with mobility disabilities
can wash dishes without having to
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26133
reach across the sink to control the
water flow.
607.4 Grab Bars (Exception 2)
Exception 2 to this section permits
grab bars to not be installed at bathtubs
in residential dwelling units required to
provide mobility features provided that
the walls are reinforced to support
future installation of grab bars. The final
rule revises Exception 2 so that it does
not apply to emergency transportable
housing units required to provide
mobility features since it could result in
delays in installing grab bars in the
units.
608.3 Grab Bars (Exception 2)
Exception 2 to this section permits
grab bars to not be installed in shower
compartments in residential dwelling
units required to provide mobility
features provided that the walls are
reinforced to support future installation
of grab bars. The final rule revises
Exception 2 so that it does not apply to
emergency transportable housing units
required to provide mobility features
since it could result in delays in
installing grab bars in the units.
608.4 Seats (Exception)
This section requires a folding or nonfolding seat to be provided in transfer
type shower compartments. An
exception to the section permits seats to
not be installed in transfer type shower
compartments in residential dwelling
units required to provide mobility
features provided that the walls are
reinforced to support future installation
of seats. The final rule revises the
exception so that it does not apply to
emergency transportable housing units
required to provide mobility features
since it could result in delays in
installing seats in transfer type shower
compartments in the units. The final
rule also requires a folding seat to be
provided in roll-in type showers
provided in emergency transportable
housing units required to provide
mobility features.
804.3 Kitchen Work Surface
(Exception)
This section requires at least one work
surface to be provided at kitchen
counters in residential dwelling units
required to provide mobility features.
The work surface must have a clear floor
space positioned for a forward
approach, and knee and toe clearance
beneath the kitchen counter. The final
rule adds an exception to the section for
emergency transportable housing units
in order to preserve storage space
beneath kitchen counters in the units.
The exception does not require work
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surfaces to be provided at kitchen
counters where a table is provided
within the kitchen; an electric outlet is
provided within reach of the table; and
all the kitchen countertops are 34 inches
high maximum. The table must comply
with the technical requirements for
dining surfaces and work surfaces.
Old sections
809.2.2 Turning Space ...........................................................................
809.3 Kitchen .........................................................................................
809.4 Toilet Facilities and Bathing Facilities .........................................
Residential Dwelling Units with Communication Features ..........
809.5.1 Building Fire Alarm System ......................................................
809.5.1.1 Alarm Appliances ...................................................................
809.5.1.2 Activation ................................................................................
809.5.2 Residential Dwelling Unit Smoke Alarms .................................
809.5.2.1 Activation ................................................................................
809.5.3 Interconnection ..........................................................................
809.5.4 Prohibited Use ..........................................................................
809.5.5 Residential Dwelling Unit Primary Entrance .............................
809.5.5.1 Notification .............................................................................
809.5.5.2 Identification ...........................................................................
809.5.6 Site, Building, or Floor Entrance ...............................................
809.2 Residential Dwelling Units With
Mobility Features
As discussed below, the final rule
adds technical requirements to this
section for floor surfaces, bedrooms, and
weather alert systems in emergency
transportable housing units with
mobility features.
809.2.1.2
Floor Surfaces
This section specifies that carpet not
be provided on floor surfaces in
emergency transportable housing units
with mobility features.
pmangrum on DSK3VPTVN1PROD with RULES
809.2.5 Bedrooms in Emergency
Transportable Housing Units
This section requires a clear floor
space for individuals who use
wheelchairs and other mobility aids to
be provided on one side of a bed in
bedrooms in emergency transportable
housing units. The clear floor space
must be positioned for a parallel
approach to the side of the bed and
must be on an accessible route. Where
bedrooms are less than 70 square feet,
the section specifies that the furniture
supplied with the unit cannot overlap
the accessible route, maneuvering
45 See
Residential Dwelling Units
The final rule reorganizes and
renumbers the technical requirements
for residential dwelling units in this
section as shown below.45
New sections
809 Residential Dwelling Units ..............................................................
809.1 General ........................................................................................
809.2 Accessible Routes .......................................................................
809.2.1 Location .....................................................................................
809.5
809
809 Residential Dwelling Units
809.1 General
809.2 Residential Dwelling Units with Mobility Features
809.2.1 Accessible Routes
809.2.1.1 Location
809.2.1.2 Floor Surfaces
809.2.2 Turning Space
809.2.3 Kitchen
809.2.4 Toilet Facilities and Bathing Facilities
809.2.5 Bedrooms in Emergency Transportable Housing Units
809.2.5.1 Clear Floor Space
809.2.5.2 Furniture
809.2.5.3 Lighting Controls
809.2.6 Weather Alert Systems
809.3 Residential Dwelling Units with Communication Features
809.3.1 Alarms
809.3.1.1 Building Fire Alarm System
809.3.1.2 Residential Dwelling Unit Smoke Alarms
809.3.1.3 Activation
809.3.2 Residential Dwelling Unit Primary Entrance
809.3.2.1 Notification
809.3.2.2 Identification
809.3.3 Site, Building, or Floor Entrance
809.3.4 Weather Alert Systems
clearances required at doors, and
turning space since it is not possible to
rearrange the furniture in such small
spaces. The section also requires a
means to control at least one source of
lighting from the bed, such as bedside
lamps, wall switches near the bed, or
remote control devices that can be
operated from the bed, so individuals
with mobility disabilities can safely
transfer in and out of bed.
809.2.6
Weather Alert Systems
Where weather alert systems are
provided in emergency transportable
housing units, this section requires the
operable parts on weather alert systems
in units with mobility features to
comply with the technical requirements
for clear floor space and reach ranges.
809.3 Residential Dwelling Units With
Communication Features
As discussed below, the final rule
adds technical requirements to this
section for smoke alarms and weather
alert systems in residential dwelling
units with communication features.
809.3.1.2 Residential Dwelling Unit
Smoke Alarms
This section requires residential
dwelling unit smoke alarms to provide
combination smoke alarms and visible
notification appliances. The final rule
requires combination smoke alarms and
visible notification appliances to be
supplied with a commercial light and
power source along with a secondary
power source, or a non-commercial
alternating power source along with a
secondary power source. This
requirement is consistent with the
NFPA 72 National Fire Alarm Code,
which is referenced in the section.
809.3.4
Weather Alert Systems
Where weather alert systems are
provided in emergency transportable
housing units, this section requires
weather alert systems in units with
communication features to provide
audible and visible output.
footnote 39.
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7. Regulatory Analyses
Executive Order 13563 (Improving
Regulation and Regulatory Review) and
Executive Order 12866 (Regulatory
Planning and Review)
The final rule is not a significant
regulatory action. FEMA is the only
entity we have identified that has
recently provided emergency
transportable housing units to disaster
survivors and will be affected by the
final rule. We adhered to the principles
of regulation in Executive Orders 13563
and 12866. Among other things,
Executive Order 13563 directs agencies
to propose or adopt a regulation only
upon a reasoned determination that its
benefits justify its costs; tailor the
regulation to impose the least burden on
society, consistent with obtaining the
regulatory objectives; and, in choosing
among alternative regulatory
approaches, select those approaches that
maximize net benefits. Executive Order
13563 recognizes that some benefits are
difficult to quantify and provides that,
where appropriate and permitted by
law, agencies may consider and discuss
qualitatively values that are difficult or
impossible to quantify, including
equity, human dignity, fairness, and
distributive impacts. We discuss the
costs and benefits of the final rule
below.
Costs
FEMA maintains a baseline target
inventory of emergency transportable
housing units ready to deploy in
response to major disasters and
emergencies based on historical usage,
lead time to produce additional units,
and installation capacity. The baseline
target inventory is reassessed at the
beginning of each hurricane season and
may be readjusted based on operational
needs, lessons learned, and on-going
analysis. FEMA’s current baseline target
inventory is 2,000 units and 298 of the
units (approximately 15 percent of the
units) are targeted as UFAS compliant.46
The actual number of emergency
transportable housing units in the
inventory varies as FEMA deploys the
units to disaster areas and contracts for
the production of additional units as
needed.
UFAS is the accessibility standard
adopted by HUD for residential facilities
covered by the ABA. The UFAS
compliant units comply with the
technical requirements in the final rule
for units with mobility features, except
for bedroom lighting controls and water
spray units at kitchen sinks. FEMA
estimated, based on input from
companies that produce emergency
transportable housing units, that
bedroom lighting controls will add $60
and water spray units at kitchen sinks
will add $75 to the cost of UFAS
compliant units. All the emergency
transportable housing units provided by
FEMA contain the communication
features required by the final rule,
including combination smoke alarms
and visible notification appliances
complying with NFPA 72 National Fire
Alarm Code and weather alert systems
with audible and visible output. FEMA
will not incur additional costs to
comply with the technical requirements
in the final rule for units with
communication features.
We assumed that FEMA will provide
bedroom lighting controls and water
spray units at kitchen sinks in new
UFAS compliant units purchased after
the final rule is issued, and will not wait
until HUD updates its accessibility
standards for residential facilities
covered by the ABA to be consistent
with the final rule. We estimated the
additional costs for FEMA to provide
UFAS compliant units with bedroom
lighting controls and water spray units
at kitchen sinks under three scenarios.
The scenarios do not represent actual
costs that FEMA will incur each year
since the number of UFAS compliant
units deployed by FEMA varies from
year to year. The scenarios are:
1. Average Number of UFAS
Compliant Units Deployed per Year by
FEMA. FEMA deployed an average of
165 UFAS compliant units per year in
response to major disasters and
emergencies declared by the President
during the period from calendar year
2008 to 2013.47 Under the first scenario,
we estimated the additional costs if
26135
FEMA deploys an average 165 UFAS
compliant units per year and replaces
the inventory with the same number of
UFAS compliant units.
2. Baseline Target Inventory of UFAS
Compliant Units Maintained by FEMA.
Under the second scenario, we
estimated the additional costs if FEMA
deploys the 298 UFAS compliant units
in its baseline target inventory and
replaces them with the same number of
UFAS compliant units. These costs may
be incurred over more than one year if
all the UFAS compliant units in the
inventory are not deployed in a single
year.
3. UFAS Compliant Units Deployed in
Event of Catastrophic Disasters
Equivalent to Hurricanes Katrina and
Rita. FEMA provided approximately
145,000 emergency transportable
housing units to the survivors of
Hurricanes Katrina and Rita.48 Under
the third scenario, we estimated the
additional costs if FEMA deploys the
same number of units in the event of
catastrophic disasters equivalent to
Hurricanes Katrina and Rita and 10, 15,
or 20 percent of the units are UFAS
compliant. These costs may be incurred
over more than one year depending on
whether the disasters occur in the early
part or late part of the year and the time
needed to produce large numbers of
units.
The additional costs for FEMA to
provide UFAS compliant units with
bedroom lighting controls and water
spray units at kitchen sinks under the
three scenarios are shown in Table 1.
The additional costs under the first
scenario (average number of UFAS
compliant units deployed per year) are
$22,275. The additional costs under the
second scenario (replace baseline target
inventory of UFAS compliant units) are
$40,230. The additional costs under the
third scenario (percentage of UFAS
compliant units deployed in the event
of catastrophic disasters equivalent to
Hurricanes Katrina and Rita) range from
$2 million to $4 million depending on
whether 10, 15, or 20 percent of the
units are UFAS compliant.
pmangrum on DSK3VPTVN1PROD with RULES
TABLE 1—ADDITIONAL COSTS TO PROVIDE BEDROOM LIGHTING CONTROLS AND WATER SPRAY UNITS AT KITCHEN SINKS
IN UFAS COMPLIANT UNITS
Lighting controls
($60)
Scenario
1. Average number of UFAS compliant units deployed per year (165 units) .................
2. Replace baseline target inventory of UFAS compliant units (298 units) ....................
46 See
47 See
note 21.
note 22.
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48 GAO, Disaster Housing: FEMA Needs More
Detailed Guidance and Performance Measures to
Help Ensure Effective Assistance after Major
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Water spray
units
($75)
$9,900
17,880
$12,375
22,350
Total costs
$22,275
40,230
Disasters, August 28, 2009 at: https://www.gao.gov/
products/GAO-09-796.
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TABLE 1—ADDITIONAL COSTS TO PROVIDE BEDROOM LIGHTING CONTROLS AND WATER SPRAY UNITS AT KITCHEN SINKS
IN UFAS COMPLIANT UNITS—Continued
Lighting controls
($60)
Scenario
3. Percentage of UFAS compliant units deployed in catastrophic disasters equivalent
to Hurricanes Katrina and Rita:
10% or 14,500 units .................................................................................................
15% or 21,750 units .................................................................................................
20% or 29,000 units .................................................................................................
The final rule does not allow use of
the operable parts exception for
electrical outlets in kitchens in
emergency transportable housing units
with mobility features since they
typically have fewer electrical outlets
than kitchens in other types of
residential dwelling units. Where two or
more electrical outlets are provided
above a length of countertop that is
uninterrupted by a sink or appliance,
the exception does not require one of
the outlets to comply with the technical
requirements for operable parts,
including clear floor space, reach
ranges, and operation. Kitchen designs
vary in emergency transportable
housing units. Depending on the
kitchen designs, electrical outlets may
need to be installed in the face of the
base cabinets to comply with the
technical requirements for operable
parts. FEMA estimated, based on input
from companies that produce
emergency transportable housing units,
Water spray
units
($75)
870,000
1,305,000
1,740,000
that installing electrical outlets in the
face of the base cabinets will add from
$150 to $500 to the cost of UFAS
compliant units. The higher estimate
assumes custom cabinetry is needed.
We do not have information on the
various kitchen designs used by
companies that produce emergency
transportable housing units. We
estimated the additional costs for not
allowing the operable parts exception to
be used for electrical outlets in kitchens
in emergency transportable housing
units with mobility features based on
assumptions that 25, 50, and 100
percent of the units provide two or more
electrical outlets above a length of
countertop that is uninterrupted by a
sink or appliance and need to install
electrical outlets in the face of the base
cabinets to comply with the technical
requirements for operable parts. The
additional costs for not allowing use of
the operable parts exception under the
three scenarios described earlier are
Total costs
1,087,500
1,631,250
2,175,000
1,957,500
2,936,250
3,915,000
shown in Table 2 as a range of low and
high estimates. The low estimates
assume that installing electrical outlets
in the face of the base cabinets will add
$150 to the cost of UFAS compliant
units. The high estimates assume that
installing electrical outlets in the face of
the base cabinets will add $500 to the
cost of UFAS compliant units. The
additional costs under the first scenario
(average number of UFAS compliant
units deployed per year) range from
$6,150 to $82,500. The additional costs
under the second scenario (replace
baseline target inventory of UFAS
compliant units) range from $11,250 to
$149,000. The additional costs under
the third scenario (percentage of UFAS
compliant units deployed in the event
of catastrophic disasters equivalent to
Hurricanes Katrina and Rita) range from
$543,750 to $14.5 million depending on
whether 10, 15, or 20 percent of the
units are UFAS compliant.
TABLE 2—ADDITIONAL COSTS FOR NOT ALLOWING USE OF OPERABLE PARTS EXCEPTION FOR ELECTRICAL OUTLETS IN
UNITS WITH MOBILITY FEATURES
Percent of UFAS compliant units that need to install electrical outlets
in the face of base cabinets to comply with the technical requirements
for operable parts
Scenario
25 percent
1. Average number of UFAS compliant units deployed per year (165
units).
2. Replace baseline target inventory of UFAS compliant units (298
units).
3. Percentage of UFAS compliant units deployed in catastrophic disasters equivalent to Hurricanes Katrina and Rita:
10% or 14,500 units .........................................................................
15% or 21,750 units .........................................................................
pmangrum on DSK3VPTVN1PROD with RULES
20% or 29,000 units .........................................................................
The total additional costs to provide
bedroom lighting controls and water
spray units at kitchen sinks in UFAS
compliant units and for not allowing
use of the operable parts exception for
electrical outlets in kitchens in
emergency transportable housing units
with mobility features are shown in
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50 percent
Low $6,150 ................
High $20,500 .............
Low $11,250 ..............
High $37,500 .............
Low $12,450 ..............
High $41,500 .............
Low $22,350 ..............
High $74,500 .............
Low $24,750.
High $82,500.
Low $44,700.
High $149,000.
Low $543,750 ............
High $1,812,500 ........
Low $815,700 ............
High $2,719,000 ........
Low $1,087,500 .........
High $3,625,000 ........
Low $1,087,500 .........
High $3,625,000 ........
Low $1,631,250 .........
High $5,437,500 ........
Low $2,175,000 .........
High $7,250,000 ........
Low $2,175,000.
High $7,250,000.
Low $3,262,500.
High $10,875,000.
Low $4,350,000.
High $14,500,000.
Table 3 as a range of low and high
estimates. The low estimates assume
that 25 percent of the units provide two
or more electrical outlets above a length
of countertop that is uninterrupted by a
sink or appliance and need electrical
outlets installed in the face of the base
cabinets to comply with the technical
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100 percent
requirements for operable parts at the
additional cost of $150 per unit. The
high estimates assume that 100 percent
of the units provide two or more
electrical outlets above a length of
countertop that is uninterrupted by a
sink or appliance and need electrical
outlets installed in the face of the base
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total additional costs under the second
scenario (replace baseline target
inventory of UFAS compliant units)
range from $51,480 to $189,230. The
total additional costs under the third
scenario (percentage of UFAS compliant
units deployed in the event of
cabinets to comply with the technical
requirements for operable parts at the
additional cost of $500 per unit. The
total additional costs under the first
scenario (average number of UFAS
compliant units deployed per year)
range from $28,425 to $104,775. The
26137
catastrophic disasters equivalent to
Hurricanes Katrina and Rita) range from
$2.5 million to $18.4 million depending
on whether 10, 15, or 20 percent of the
units are UFAS compliant.
TABLE 3—TOTAL ADDITIONAL COSTS
Scenario
Low estimate
pmangrum on DSK3VPTVN1PROD with RULES
1. Average number of UFAS compliant units deployed per year (165 units) .................................................
2. Replace baseline target inventory of UFAS compliant units (298 units) ....................................................
3. Percentage of UFAS compliant units deployed in catastrophic disasters equivalent to Hurricanes
Katrina and Rita:
10% or 14,500 units .................................................................................................................................
15% or 21,750 units .................................................................................................................................
20% or 29,000 units .................................................................................................................................
Benefits
The scoping and technical
requirements for emergency
transportable housing units with
mobility features will directly benefit
disaster survivors with mobility
disabilities who need temporary
housing. The number of disaster
survivors with mobility disabilities who
need temporary housing will vary from
disaster to disaster. During the five year
period from 2008 to 2012, FEMA
provided a total of 9,324 emergency
transportable housing units to disaster
survivors and 991of the units or 10.6
percent were UFAS compliant.49 The
number of UFAS compliant units
provided in response to specific
disasters ranged from zero to 345 units.
In the event of catastrophic disasters
equivalent to Hurricanes Katrina and
Rita, the number of UFAS compliant
units would be greater. FEMA provided
approximately 145,000 emergency
transportable housing units to the
survivors Hurricanes Katrina and Rita. If
FEMA were to provide the same number
of emergency transportable housing
units in the event of catastrophic
disasters equivalent to Hurricanes
Katrina and Rita and 10 to 20 percent of
the units were UFAS compliant, there
would be 14,500 to 29,000 UFAS
compliant units for disaster survivors
with mobility disabilities. The benefits
of the final rule are incremental for
disaster survivors with mobility
disabilities since the UFAS compliant
units comply with the technical
requirements in the final rule for units
with mobility features, except for
bedroom lighting controls and water
spray units at kitchen sinks. By
requiring a means to control at least one
source of lighting in bedrooms from the
bed, individuals with mobility
disabilities will be able to safely transfer
in and out of bed. By requiring water
spray units at kitchen sinks, individuals
with mobility disabilities will be able to
wash dishes without having to reach
across the sink to control the water flow.
The final rule also does not allow the
use of the operable parts exception for
electrical outlets in kitchens in
emergency transportable housing units
with mobility features since they
typically have fewer outlets than
kitchens in other types of residential
dwelling units. These benefits are
difficult to quantify, but include
important national values recognized in
Executive Order 13563 such as equity,
human dignity, and fairness.
All the emergency transportable
housing units provided by FEMA
contain the communication features
required by the final rule, including
combination smoke alarms and visible
notification appliances complying with
NFPA 72 National Fire Alarm Code and
weather alert systems with audible and
visible output so the final rule has no
incremental benefits for disaster
survivors who are deaf or have a hearing
loss. We do not have data on the
number of emergency transportable
housing units provided by FEMA to
disaster survivors who are deaf or have
a hearing loss.
Regulatory Flexibility Act
The Regulatory Flexibility Act
requires federal agencies to analyze the
impacts of proposed and final rules on
small entities, unless the agency
certifies that the rule will not have a
significant impact on a substantial
number of small entities.50 For the
proposed rule, we certified that the rule
will not have a significant impact on a
substantial number of small entities
$28,425
51,480
$104,725
189,230
2,501,250
3,751,950
5,002,500
9,207,500
13,811,250
18,415,000
because we did not identify any entities
other than FEMA that provides
emergency transportable housing units
to disaster survivors. We requested
comment in the proposed rule on
whether any small entities provide
emergency transportable housing units
to disaster survivors.51 We did not
receive any comments indicating that
small entities provide emergency
transportable housing units to disaster
survivors. Accordingly, we certify that
the final rule will not have a significant
impact on a substantial number of small
entities.
Executive Order 13132 (Federalism)
The final rule adheres to the
fundamental federalism principles and
policy making criteria in Executive
Order 13132. The final rule is issued
pursuant to the Americans with
Disabilities Act (ADA) and Architectural
Barriers Act (ABA).52 The ADA is civil
rights legislation that was enacted by
Congress pursuant to its authority to
enforce the Fourteenth Amendment to
the U.S. Constitution and to regulate
commerce. The ADA prohibits
discrimination on the basis of disability.
The ADA requires facilities constructed
or altered by state and local
governments, and public
accommodations and commercial
facilities constructed or altered by
private entities to be readily accessible
to and usable by individuals with
disabilities. The ADA recognizes the
authority of state and local governments
to enact and enforce laws that provide
for greater or equal protection for the
rights of individuals with disabilities.53
The ABA requires facilities constructed
or altered with federal funds and
51 77
52 42
FR 36247 (June 18, 2012), Question 8.
U.S.C. 4151 et seq. and 42 U.S.C. 12101 et
seq.
49 See
note 22.
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facilities leased by federal agencies to be
readily accessible to and usable by
individuals with disabilities.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
does not apply to proposed or final rules
that enforce constitutional rights of
individuals or enforce statutory rights
that prohibit discrimination on the basis
of race, color, sex, national origin, age,
handicap, or disability. Since the final
rule is issued pursuant to the ADA,
which prohibits discrimination on the
basis of disability, an assessment of the
rule’s effect on state, local, and tribal
governments, and the private sector is
not required.
List of Subjects in 36 CFR Part 1191
Buildings and facilities, Civil rights,
Incorporation by reference, Individuals
with disabilities, Transportation.
Michael K. Yudin,
Chair.
PART 1191—AMERICANS WITH
DISABILITIES ACT (ADA)
ACCESSIBILITY GUIDELINES FOR
BUILDINGS AND FACILITIES;
ARCHITECTURAL BARRIERS ACT
(ABA) ACCESSIBILITY GUIDELINES
Authority: 29 U.S.C. 792 (b)(3); 42 U.S.C.
12204.
2. Amend Appendix B to Part 1191 by:
a. In 105.2.5, revising the section;
b. In 106.5, adding a new definition of
‘‘Emergency Transportable Housing
Unit’’ in alphabetical order;
■ c. In 203.8, revising the section;
■ d. In 205.1, revising Exception 3 and
adding new Exceptions 9, 10, and 11;
■ e. In 206.2.3, revising Exception 4;
■ f. In 206.4.6, revising the first
sentence;
■ g. In 206.5.4, revising the section;
■ h. In 206.7, adding a new sentence at
the end of the section;
■ i. In 206.7.6, revising the section;
■ j. In 208.2.3, revising the section;
■ k. In 208.2.3.1, revising the section;
■ l. In 208.3.2, revising the first
sentence;
■ m. In 215.5, revising the section;
■ n. In 228.2, revising the last sentence;
■ o. In 233.2, revising the first, second
and third sentences;
■ p. In 233.3.1, removing the Exception
and revising the section;
■ q. In 233.3.1.1, revising the section;
■ r. In 233.3.1.2, revising the section;
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1. The authority citation for 36 CFR
part 1191 continues to read as follows:
■
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■
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105.2.5 NFPA. Copies of the referenced
standards may be obtained from the National
Fire Protection Association, 1 Batterymarch
Park, Quincy, Massachusetts 02169–7471,
(https://www.nfpa.org).
NFPA 72 National Fire Alarm Code, 1999
Edition (see 702.1, 809.3.1.1, and 809.3.1.2).
NFPA 72 National Fire Alarm Code, 2002
Edition (see 702.1, 809.3.1.1, and 809.3.1.2).
*
■
14:20 May 06, 2014
Appendix B to Part 1191—Americans
With Disabilities Act: Scoping
*
For the reasons stated in the
preamble, we amend 36 CFR part 1191
as follows:
VerDate Mar<15>2010
s. Adding new sections 233.3.1.2.1,
233.3.1.2.2, 233.3.1.2.2.1, and
233.3.1.2.2.2;
■ t. Redesignating sections 233.3.2,
233.3.3, 233.3.4, 233.3.4.1, 233.3.4.2,
and 233.3.5 as sections 233.3.3, 233.3.4,
233.3.5, 233.3.5.1, 233.3.5.2 and 233.3.6,
respectively;
■ u. Adding new sections 233.3.2,
233.3.2.1, and 233.3.2.2;
■ v. Revising redesignated section
233.3.4;
■ w. Revising redesignated sections
233.3.5, 233.3.5.1, and 233.3.5.2; and
■ x. Revising redesignated section
233.3.6, redesignating the unnumbered
Exception to redesignated section
233.3.6 as Exception 1, and adding a
new Exception 2 to redesignated section
233.3.6.
The additions and revisions read as
follows:
■
*
*
*
*
Defined Terms.
*
*
*
*
Emergency Transportable Housing Unit. A
single or multiple section prefabricated
structure that is transportable by a single
transport vehicle and that can be set-up and
installed on a temporary site in response to
an emergency need for temporary housing.
Such structures include, but are not limited
to, travel trailers, park models, manufactured
housing, and other factory-built housing. For
the purposes of this document, emergency
transportable housing units are considered a
type of residential dwelling unit.
*
*
*
*
*
203.8 Residential Facilities. In facilities
with residential dwelling units, common use
areas that do not serve residential dwelling
units required to provide mobility features
complying with 809.2 or emergency
transportable housing unit pads designed and
constructed to accept the installation of units
with mobility features complying with 809.2
shall not be required to comply with these
requirements or to be on an accessible route.
*
*
*
*
*
205.1 General. * * *
EXCEPTIONS: * * *
3. Except within emergency transportable
housing units required to provide mobility
features complying with 809.2, where two or
more outlets are provided in a kitchen above
a length of counter top that is uninterrupted
by a sink or appliance, one outlet shall not
be required to comply with 309.
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9. Operable parts located within residential
dwelling units not required to provide
mobility features complying with 809.2 and
transient lodging guest rooms not required to
provide mobility features complying with
806.2 shall not be required to comply with
309.
10. In emergency transportable housing
units required to provide mobility features
complying with 809.2, operable parts located
beneath the unit body shall not be required
to comply with 309.
11. Water shut-off valves shall not be
required to comply with 309.
*
*
*
*
*
206.2.3 Multi-Story Buildings and
Facilities. * * *
EXCEPTIONS: * * *
4. In facilities with residential dwelling
units, an accessible route shall not be
required to connect stories where residential
dwelling units with mobility features
required to comply with 809.2, all common
use areas serving residential dwelling units
with mobility features required to comply
with 809.2, and public use areas serving
residential dwelling units are on an
accessible route.
*
*
*
*
*
206.4.6. Residential Dwelling Unit
Primary Entrance. In residential dwelling
units required to provide mobility features
complying with 809.2, at least one primary
entrance shall comply with 404. * * *
*
*
*
*
*
206.5.4 Residential Dwelling Units. In
residential dwelling units required to provide
mobility features complying with 809.2, all
doors and doorways providing user passage
shall comply with 404.
*
*
*
*
*
206.7 Platform Lifts. * * * In emergency
transportable housing units, platform lifts
shall not be used at the primary entrance to
a unit required to provide mobility features
complying with 809.2.
*
*
*
*
*
206.7.6 Guest Rooms and Residential
Dwelling Units. Platform lifts shall be
permitted to connect levels within transient
lodging guest rooms required to provide
mobility features complying with 806.2 or
residential dwelling units required to provide
mobility features complying with 809.2.
*
*
*
*
*
208.2.3 Residential Facilities. Parking
spaces provided to serve facilities with
residential dwelling units shall comply with
208.2.3.
*
*
*
*
*
208.2.3.1 Parking for Residents. Where at
least one parking space is provided for each
residential dwelling unit, at least one parking
space complying with 502 shall be provided
for each residential dwelling unit required to
provide mobility features complying with
809.2.
*
*
*
*
*
208.3.2 Residential Facilities. In facilities
containing residential dwelling units
required to provide mobility features
complying with 809.2, parking spaces
provided in accordance with 208.2.3.1 shall
be located on the shortest accessible route to
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the residential dwelling unit entrance they
serve. * * *
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215.5 Residential Dwelling Units. Where
provided in residential dwelling units
required to provide communication features
complying with 809.3, alarms shall comply
with 702.
*
*
*
*
*
228.2 Mail Boxes. * * * In facilities with
residential dwelling units, where mail boxes
are provided for each residential dwelling
unit, mail boxes complying with 309 shall be
provided for each residential dwelling unit
required to provide mobility features
complying with 809.2.
*
*
*
*
*
233.2 Residential Dwelling Units
Provided by Entities Subject to HUD Section
504 Regulations. Where facilities with
residential dwelling units are provided by
entities subject to regulations issued by the
Department of Housing and Urban
Development (HUD) under section 504 of the
Rehabilitation Act of 1973, as amended, such
entities shall provide residential dwelling
units with mobility features complying with
809.2 in a number required by the applicable
HUD regulations. Residential dwelling units
required to provide mobility features
complying with 809.2 shall be on an
accessible route as required by 206. In
addition, such entities shall provide
residential dwelling units with
communication features complying with
809.3 in a number required by the applicable
HUD regulations. * * *
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233.3.1 Residential Dwelling Units with
Mobility Features. Facilities, other than those
containing emergency transportable housing
units, shall comply with 233.3.1.1. Facilities
containing emergency transportable housing
units shall comply with 233.3.1.2.
233.3.1.1 Facilities Other Than Those
Containing Emergency Transportable
Housing Units. At least 5 percent, but no
fewer than one, of the total number of
residential dwelling units, other than
emergency transportable housing units, in
the facility shall provide mobility features
complying with 809.2 and shall be on an
accessible route as required by 206.
EXCEPTION: Where facilities contain 15 or
fewer residential dwelling units, the
requirements of 233.3.1.1 shall apply to the
total number of residential dwelling units
that are constructed under a single contract,
or are developed as a whole, whether or not
located on a common site.
233.3.1.2 Facilities Containing
Emergency Transportable Housing Units.
Emergency transportable housing units with
mobility features shall be provided in
accordance with 233.3.1.2.
233.3.1.2.1 Private Sites Provided by
Occupant of Unit. Where emergency
transportable housing units are installed on
private sites provided by the occupant of the
unit, entities shall provide emergency
transportable housing units with mobility
features complying with 809.2 as determined
by a needs assessment conducted by the
entity providing the emergency transportable
housing units.
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14:20 May 06, 2014
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233.3.1.2.2 Group Sites. Where group
sites are developed for the installation of
emergency transportable housing units,
entities shall comply with 233.3.1.2.2.
233.3.1.2.2.1 Unit Pads. At least 10
percent, but no fewer than one, of the unit
pads prepared for the installation of
emergency transportable housing units at
each group site shall be designed and
constructed to accept the installation of
emergency transportable housing units with
mobility features complying with 809.2 and
shall be on an accessible route as required by
206.
233.3.1.2.2.2 Units Installed. At least 5
percent, but no fewer than one, of the total
number of the emergency transportable
housing units installed at each group site
shall provide mobility features complying
with 809.2.
233.3.2 Residential Dwelling Units with
Communication Features. Facilities, other
than those containing emergency
transportable housing units, shall comply
with 233.3.2.1. Facilities containing
emergency transportable housing units shall
comply with 233.3.2.2.
233.3.2.1 Facilities Other Than Those
Containing Emergency Transportable
Housing Units. At least 2 percent, but no
fewer than one, of the total number of
residential dwelling units, other than
emergency transportable housing units, in
the facility shall provide communication
features complying with 809.3.
EXCEPTION: Where facilities contain 15 or
fewer residential dwelling units, the
requirements of 233.3.2.1 shall apply to the
total number of residential dwelling units
that are constructed under a single contract,
or are developed as a whole, whether or not
located on a common site.
233.3.2.2 Facilities Containing
Emergency Transportable Housing Units.
Entities shall provide emergency
transportable housing units with residential
dwelling unit smoke alarms complying with
809.3.1 and, where weather alert systems are
provided, with weather alert systems
complying with 809.3.4 as determined by a
needs assessment conducted by the entity
providing the emergency transportable
housing units.
*
*
*
*
*
233.3.4 Additions. Where an addition to
an existing building results in an increase in
the number of residential dwelling units, the
requirements of 233.3.1.1 and 233.3.2.1 shall
apply only to the residential dwelling units
that are added until the total number of
residential dwelling units complies with the
minimum number required by 233.3.1.1 and
233.3.2.1. Residential dwelling units required
to comply with 233.3.1.1 shall be on an
accessible route as required by 206.
223.3.5 Alterations. Alterations shall
comply with 233.3.5.
EXCEPTION: Where compliance with
809.2.1, 809.2.3, or 809.2.4 is technically
infeasible, or where it is technically
infeasible to provide an accessible route to a
residential dwelling unit, the entity shall be
permitted to alter or construct a comparable
residential dwelling unit to comply with
809.2 provided that the minimum number of
residential dwelling units required by
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26139
233.3.1.1 and 233.3.2.1, as applicable, is
satisfied.
233.3.5.1 Alterations to Vacated
Buildings. Where a building is vacated for
the purposes of alteration, and the altered
building contains more than 15 residential
dwelling units, at least 5 percent of the
residential dwelling units shall comply with
809.2 and shall be on an accessible route as
required by 206. In addition, at least 2
percent of the residential dwelling units shall
comply with 809.3.
233.3.5.2 Alterations to Individual
Residential Dwelling Units. In individual
residential dwelling units, where a bathroom
or a kitchen is substantially altered, and at
least one other room is altered, the
requirements of 233.3.1 shall apply to the
altered residential dwelling units until the
total number of residential dwelling units
complies with the minimum number
required by 233.3.1.1 and 233.3.2.1.
Residential dwelling units required to
comply with 233.3.1.1 shall be on an
accessible route as required by 206.
EXCEPTION: Where facilities contain 15 or
fewer residential dwelling units, the
requirements of 233.3.1.1 and 233.3.2.1 shall
apply to the total number of residential
dwelling units that are altered under a single
contract, or are developed as a whole,
whether or not located on a common site.
233.3.6 Dispersion. Residential dwelling
units required to provide mobility features
complying with 809.2 and residential
dwelling units required to provide
communication features complying with
809.3 shall be dispersed among the various
types of residential dwelling units in the
facility and shall provide choices of
residential dwelling units comparable to, and
integrated with, those available to other
residents.
EXCEPTIONS: 1. * * *
2. Emergency transportable housing units
required to provide mobility features
complying with 809.2 shall not be required
to be dispersed among the various types of
residential dwelling units in a facility or to
provide choices of residential dwelling units
comparable to those available to other
residents.
3. Amend Appendix C to Part 1191 by:
a. In F105.2.5, revising the section;
b. In F106.5, adding a new definition
of ‘‘Emergency Transportable Housing
Unit’’ in alphabetical order;
■ c. In F202.6.5.8, revising the section;
■ d. Adding new F202.6.5.9 and
F202.6.5.10;
■ e. In F203.9, revising the section;
■ f. In F205.1, revising Exception 3 and
adding new Exceptions 9, 10, and 11;
■ g. In F206.2.3, revising Exception 3;
■ h. In F206.4.6, revising the first
sentence;
■ i. In F206.5.4, revising the section;
■ j. In F206.7, adding a new sentence at
the end of the section;
■ k. In F206.7.6, revising the section;
■ l. In F208.2.3, revising the section;
■ m. In F208.2.3.1, revising the section;
■ n. In F208.3.2, revising the first
sentence;
■
■
■
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o. In F215.5, revising the section;
p. In F228.2, revising the last
sentence;
■ q. In F233.3.1, revising the section;
■ r. In F233.3.1.1, revising the section;
■ s. In F233.3.1.2, revising the section;
■ t. Redesignating sections F233.3.2
F233.3.3.1, F233.3.3.2, F233.3.4,
F233.4.2, F233.4.3, F233.4.4, F233.4.4.1,
F233.4.4.2, and F233.4.5 as F233.3.3,
F233.3.4, F233.3.4.1, F233.3.4.2,
F233.3.5, F233.4.3, F233.4.4, F233.4.5,
F233.4.5.1, F233.4.5.2, and F233.4.6,
respectively;
■ u. Adding new sections F233.3.2,
F233.3.2.1, and F233.3.2.2;
■ v. Revising redesignated F233.3.3;
■ w. Revising redesignated sections
F233.3.4, F233.3.4.1, and F233.3.4.2;
■ x. Revising redesignated section
F233.3.5, further redesignating the
unnumbered Exception to redesignated
section F233.3.5 as Exception 1, and
add a new Exception 2 to redesignated
section F233.3.5;
■ y. In F233.4.1, removing the
Exception and revising the section;
■ z. In F233.4.1.1, revising the section;
■ aa. In F233.4.1.2, revising the section;
■ bb. Adding new sections F233.4.1.2.1,
F233.4.1.2.2, F233.4.1.2.2.1, and
F233.4.1.2.2.2;
■ cc. Adding new sections F233.4.2,
F233.4.2.1, and F233.4.2.2;
■ dd. Revising redesignated section
F233.4.4;
■ ee. Revising redesignated sections
F233.4.5, F233.4.5.1, and F33.4.5.2; and
■ ff. Revising redesignated section
F233.4.6, further redesignating the
unnumbered Exception to redesignated
section F233.4.6 as Exception 1, and
adding new Exception 2 to redesignated
section F233.4.6.
The additions and revisions read as
follows:
■
■
housing, and other factory-built housing. For
the purposes of this document, emergency
transportable housing units are considered a
type of residential dwelling unit.
*
*
*
*
*
F202.6.5.8 Residential Dwelling Units.
Residential dwelling units, other than
emergency transportable housing units, shall
comply with F233.
F202.6.5.9 Emergency Transportable
Housing Units with Mobility Features. Where
emergency transportable housing units are
installed on existing commercial sites,
entities shall provide emergency
transportable housing units with mobility
features complying with 809.2 as determined
by a needs assessment conducted by the
entity providing the emergency transportable
housing units.
F202.6.5.10 Emergency Transportable
Housing Units with Communication
Features. Where emergency transportable
housing units are installed on existing
commercial sites, entities shall provide
emergency transportable housing units with
residential dwelling unit smoke alarms
complying with 809.3.1 and, where weather
alert systems are provided, with weather alert
systems complying with 809.3.4 as
determined by a needs assessment conducted
by the entity providing the emergency
transportable housing units.
*
*
*
*
*
F203.9 Residential Facilities. In facilities
with residential dwelling units, common use
areas that do not serve residential dwelling
units required to provide mobility features
complying with 809.2 or emergency
transportable housing unit pads designed and
constructed to accept the installation of units
with mobility features complying with 809.2
shall not be required to comply with these
requirements or to be on an accessible route.
*
*
*
*
*
Appendix C to Part 1191—
Architectural Barriers Act: Scoping
F205.1 General. * * *
EXCEPTIONS: * * *
3. Except within emergency transportable
housing units required to provide mobility
features complying with 809.2, where two or
more outlets are provided in a kitchen above
a length of counter top that is uninterrupted
by a sink or appliance, one outlet shall not
be required to comply with 309.
*
*
*
*
*
*
F105.2.5 NFPA. Copies of the referenced
standards may be obtained from the National
Fire Protection Association, 1 Batterymarch
Park, Quincy, Massachusetts 02169–7471,
(https://www.nfpa.org). NFPA 72 National
Fire Alarm Code, 1999 Edition (see 702.1,
809.3.1.1, and 809.3.1.2). NFPA 72 National
Fire Alarm Code, 2002 Edition (see 702.1,
809.3.1.1, and 809.3.1.2).
*
*
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F106.5
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Defined Terms.
*
*
*
Emergency Transportable Housing Unit. A
single or multiple section prefabricated
structure that is transportable by a single
transport vehicle and that can be set-up and
installed on a temporary site in response to
an emergency need for temporary housing.
Such structures include, but are not limited
to, travel trailers, park models, manufactured
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14:20 May 06, 2014
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*
*
*
*
9. Operable parts located within residential
dwelling units not required to provide
mobility features complying with 809.2 and
transient lodging guest rooms not required to
provide mobility features complying with
806.2 shall not be required to comply with
309.
10. In emergency transportable housing
units required to provide mobility features
complying with 809.2, operable parts located
beneath the unit body shall not be required
to comply with 309.
11. Water shut-off valves shall not be
required to comply with 309.
*
*
*
*
*
F206.2.3 Multi-Story Buildings and
Facilities. * * *
EXCEPTIONS: * * *
3. In facilities with residential dwelling
units, an accessible route shall not be
required to connect stories where residential
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dwelling units with mobility features
required to comply with 809.2, all common
use areas serving residential dwelling units
with mobility features required to comply
with 809.2, and public use areas serving
residential dwelling units are on an
accessible route.
*
*
*
*
*
F206.4.6. Residential Dwelling Unit
Primary Entrance. In residential dwelling
units required to provide mobility features
complying with 809.2, at least one primary
entrance shall comply with 404. * * *
*
*
*
*
*
F206.5.4 Residential Dwelling Units. In
residential dwelling units required to provide
mobility features complying with 809.2, all
doors and doorways providing user passage
shall comply with 404.
*
*
*
*
*
F206.7 Platform Lifts. * * * In
emergency transportable housing units,
platform lifts shall not be used at the primary
entrance to a unit required to provide
mobility features complying with 809.2.
*
*
*
*
*
F206.7.6 Guest Rooms and Residential
Dwelling Units. Platform lifts shall be
permitted to connect levels within transient
lodging guest rooms required to provide
mobility features complying with 806.2 or
residential dwelling units required to provide
mobility features complying with 809.2.
*
*
*
*
*
F208.2.3 Residential Facilities. Parking
spaces provided to serve facilities with
residential dwelling units shall comply with
F208.2.3.
*
*
*
*
*
F208.2.3.1 Parking for Residents. Where
at least one parking space is provided for
each residential dwelling unit, at least one
parking space complying with 502 shall be
provided for each residential dwelling unit
required to provide mobility features
complying with 809.2.
*
*
*
*
*
F208.3.2 Residential Facilities. In
facilities containing residential dwelling
units required to provide mobility features
complying with 809.2, parking spaces
provided in accordance with F208.2.3.1 shall
be located on the shortest accessible route to
the residential dwelling unit entrance they
serve. * * *
*
*
*
*
*
F215.5 Residential Dwelling Units.
Where provided in residential dwelling units
required to provide communication features
complying with 809.3, alarms shall comply
with 702.
*
*
*
*
*
F228.2 Mail Boxes. * * * In facilities
with residential dwelling units, where mail
boxes are provided for each residential
dwelling unit, mail boxes complying with
309 shall be provided for each residential
dwelling unit required to provide mobility
features complying with 809.2.
*
*
*
*
*
F233.2 Residential Dwelling Units
Provided by HUD or Through Grant or Loan
Programs Administered by HUD. Where
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facilities with residential dwelling units are
provided by the Department of Housing and
Urban Development (HUD), or through a
grant or loan program administered by HUD,
residential dwelling units with mobility
features complying with 809.2 shall be
provided in a number required by the
regulations issued by HUD under Section 504
of the Rehabilitation Act of 1973, as
amended. Residential dwelling units
required to provide mobility features
complying with 809.2 shall be on an
accessible route as required by F206. In
addition, residential dwelling units with
communication features complying with
809.3 shall be provided in a number required
by the applicable HUD regulations. * * *
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F233.3.1 Residential Dwelling Units with
Mobility Features. Facilities on military
installations containing residential dwelling
units, other than emergency transportable
housing units, shall comply with F233.3.1.1.
Facilities on military installations containing
emergency transportable housing units shall
comply with F233.3.1.2.
F233.3.1.1 Facilities Other Than Those
Containing Emergency Transportable
Housing Units. At least 5 percent, but no
fewer than one, of the total number of
residential dwelling units, other than
emergency transportable housing units, in
the facility shall provide mobility features
complying with 809.2 and shall be on an
accessible route as required by F206.
F233.3.1.2 Facilities Containing
Emergency Transportable Housing Units.
Entities shall provide emergency
transportable housing units with mobility
features complying with 809.2 as determined
by a needs assessment conducted by the
entity providing the emergency transportable
housing units.
F233.3.2 Residential Dwelling Units with
Communication Features. Facilities on
military installations, other than those
containing emergency transportable housing
units, shall comply with F233.3.2.1.
Facilities on military installations containing
emergency transportable housing units shall
comply with F233.3.2.2.
F233.3.2.1 Facilities Other Than Those
Containing Emergency Transportable
Housing Units. At least 2 percent, but no
fewer than one, of the total number of
residential dwelling units, other than
emergency transportable housing units, in
the facility shall provide communication
features complying with 809.3.
F233.3.2.2 Facilities Containing
Emergency Transportable Housing Units.
Entities shall provide emergency
transportable housing units with residential
dwelling unit smoke alarms complying with
809.3.1 and, where weather alert systems are
provided, with weather alert systems
complying with 809.3.4 as determined by a
needs assessment conducted by the entity
providing the emergency transportable
housing units.
F233.3.3 Additions. Where an addition to
an existing building results in an increase in
the number of residential dwelling units, the
requirements of F233.3.1.1 and F233.3.2.1
shall apply only to the residential dwelling
units that are added until the total number
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of residential dwelling units complies with
the minimum number required by F233.3.1.1
and F233.3.2.1. Residential dwelling units
required to comply with F233.3.1.1 shall be
on an accessible route as required by F206.
F223.3.4 Alterations. Alterations shall
comply with F233.3.4.
EXCEPTION: Where compliance with
809.2.1, 809.2.3, or 809.2.4 is technically
infeasible, or where it is technically
infeasible to provide an accessible route to a
residential dwelling unit, the entity shall be
permitted to alter or construct a comparable
residential dwelling unit to comply with
809.2 provided that the minimum number of
residential dwelling units required by
F233.3.1.1 and F233.3.2.1, as applicable, is
satisfied.
F233.3.4.1 Alterations to Vacated
Buildings. Where a building is vacated for
the purposes of alteration, at least 5 percent
of the residential dwelling units shall comply
with 809.2 and shall be on an accessible
route as required by 206. In addition, at least
2 percent of the residential dwelling units
shall comply with 809.3.
F233.3.4.2 Alterations to Individual
Residential Dwelling Units. In individual
residential dwelling units, where a bathroom
or a kitchen is substantially altered, and at
least one other room is altered, the
requirements of F233.3.1 shall apply to the
altered residential dwelling units until the
total number of residential dwelling units
complies with the minimum number
required by F233.3.1.1 and F233.3.2.1.
Residential dwelling units required to
comply with F233.3.1.1 shall be on an
accessible route as required by 206.
F233.3.5 Dispersion. Residential dwelling
units required to provide mobility features
complying with 809.2 and residential
dwelling units required to provide
communication features complying with
809.3 shall be dispersed among the various
types of residential dwelling units in the
facility and shall provide choices of
residential dwelling units comparable to, and
integrated with, those available to other
residents.
EXCEPTIONS: 1. * * *
2. Emergency transportable housing units
required to provide mobility features
complying with 809.2 shall not be required
to be dispersed among the various types of
residential dwelling units in a facility or to
provide choices of residential dwelling units
comparable to those available to other
residents.
*
*
*
*
*
F233.4.1 Residential Dwelling Units with
Mobility Features. Facilities, other than those
containing emergency transportable housing
units, shall comply with F233.4.1.1.
Facilities containing emergency transportable
housing units shall comply with F233.4.1.2.
F233.4.1.1 Facilities Other Than Those
Containing Emergency Transportable
Housing Units. At least 5 percent, but no
fewer than one, of the total number of
residential dwelling units, other than
emergency transportable housing units, in
the facility shall provide mobility features
complying with 809.2 and shall be on an
accessible route as required by F206.
EXCEPTION: Where facilities contain 15 or
fewer residential dwelling units, the
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requirements of F233.4.1.1 shall apply to the
total number of residential dwelling units
that are constructed under a single contract,
or are developed as a whole, whether or not
located on a common site.
F233.4.1.2 Facilities Containing
Emergency Transportable Housing Units.
Emergency transportable housing units with
mobility features shall be provided in
accordance with F233.4.1.2.
F233.4.1.2.1 Private Sites Provided by
Occupant of Unit. Where emergency
transportable housing units are installed on
private sites provided by the occupant of the
unit, entities shall provide emergency
transportable housing units with mobility
features complying with 809.2 as determined
by a needs assessment conducted by the
entity providing the emergency transportable
housing units.
F233.4.1.2.2 Group Sites. Where group
sites are developed for the installation of
emergency transportable housing units,
entities shall comply with 233.3.1.2.2.
F233.4.1.2.2.1 Unit Pads. At least 10
percent, but no fewer than one, of the unit
pads prepared for the installation of
emergency transportable housing units at
each group site shall be designed and
constructed to accept the installation of
emergency transportable housing units with
mobility features complying with 809.2 and
shall be on an accessible route as required by
F206.
F233.4.1.2.2.2 Units Installed. At least 5
percent, but no fewer than one, of the total
number of the emergency transportable
housing units installed at each group site
shall provide mobility features complying
with 809.2.
F233.4.2 Residential Dwelling Units with
Communication Features. Facilities, other
than those containing emergency
transportable housing units, shall comply
with F233.4.2.1. Facilities containing
emergency transportable housing units shall
comply with F233.4.2.2.
F233.4.2.1 Facilities Other Than Those
Containing Emergency Transportable
Housing Units. At least 2 percent, but no
fewer than one, of the total number of
residential dwelling units, other than
emergency transportable housing units, in
the facility shall provide communication
features complying with 809.3.
EXCEPTION: Where facilities contain 15 or
fewer residential dwelling units, the
requirements of F233.4.2.1 shall apply to the
total number of residential dwelling units
that are constructed under a single contract,
or are developed as a whole, whether or not
located on a common site.
F233.4.2.2 Facilities Containing
Emergency Transportable Housing Units.
Entities shall provide emergency
transportable housing units with residential
dwelling unit smoke alarms complying with
809.3.1 and, where weather alert systems are
provided, with weather alert systems
complying with 809.3.4 as determined by a
needs assessment conducted by the entity
providing the emergency transportable
housing units.
*
*
*
*
*
F233.4.4 Additions. Where an addition to
an existing building results in an increase in
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the number of residential dwelling units, the
requirements of F233.4.1.1 and F233.4.2.1
shall apply only to the residential dwelling
units that are added until the total number
of residential dwelling units complies with
the minimum number required by F233.4.1.1
and F233.4.2.1. Residential dwelling units
required to comply with F233.4.1.1 shall be
on an accessible route as required by F206.
F233.4.5 Alterations. Alterations shall
comply with F233.4.5.
EXCEPTION: Where compliance with
809.2.1, 809.2.2, or 809.2.3 is technically
infeasible, or where it is technically
infeasible to provide an accessible route to a
residential dwelling unit, the entity shall be
permitted to alter or construct a comparable
residential dwelling unit to comply with
809.2 provided that the minimum number of
residential dwelling units required by
F233.4.1.1 and F233.4.2.1, as applicable, is
satisfied.
F233.4.5.1 Alterations to Vacated
Buildings. Where a building is vacated for
the purposes of alteration, and the altered
building contains more than 15 residential
dwelling units, at least 5 percent of the
residential dwelling units shall comply with
809.2 and shall be on an accessible route as
required by F206. In addition, at least 2
percent of the residential dwelling units shall
comply with 809.3.
F233.4.5.2 Alterations to Individual
Residential Dwelling Units. In individual
residential dwelling units, where a bathroom
or a kitchen is substantially altered, and at
least one other room is altered, the
requirements of F233.4.1 shall apply to the
altered residential dwelling units until the
total number of residential dwelling units
complies with the minimum number
required by F233.4.1.1 and F233.4.2.1.
Residential dwelling units required to
comply with F233.4.1.1 shall be on an
accessible route as required by F206.
EXCEPTION: Where facilities contain 15 or
fewer residential dwelling units, the
requirements of F233.4.1.1 and F233.4.2.1
shall apply to the total number of residential
dwelling units that are altered under a single
contract, or are developed as a whole,
whether or not located on a common site.
F233.4.6 Dispersion. Residential dwelling
units required to provide mobility features
complying with 809.2 and residential
dwelling units required to provide
communication features complying with
809.3 shall be dispersed among the various
types of residential dwelling units in the
facility and shall provide choices of
residential dwelling units comparable to, and
integrated with, those available to other
residents.
EXCEPTIONS: 1. * * *
2. Emergency transportable housing units
required to provide mobility features
complying with 809.2 shall not be required
to be dispersed among the various types of
residential dwelling units in a facility or to
provide choices of residential dwelling units
comparable to those available to other
residents.
4. Amend Appendix D to Part 1191
by:
■
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Jkt 232001
a. In 405.2, redesignating the
unnumbered Exception as Exception 1
and adding new Exception 2;
■ b. In 405.6, adding a new Exception;
■ c. In 409.1, revising the first sentence;
■ d. In 604.5, revising Exception 2;
■ e. In 606.2, revising Exception 3;
■ f. In 606.4, adding a sentence at the
end of the section;
■ g. In 607.4, revising Exception 2;
■ h. In 608.3, revising Exception 2;
■ i. In 608.4, revising the second
sentence and Exception;
■ j. In 804.3, revising the section;
■ k. In 809.1, revising the second and
third sentences;
■ l. Redesignating sections 809.2 and
809.2.1 as 809.2.1 and 809.2.1.1,
respectively; adding new section 809.2;
revising redesignated section 809.2.1
and the first sentence of redesignated
section 809.2.1.1; and adding new
section 809.2.1.2;
■ m. Redesignating sections 809.3 and
809.4 as 809.2.3 and 809.2.4,
respectively, and adding new sections
809.2.5, 809.2.5.1, 809.2.5.2, 809.2.5.3,
and 809.2.6;
■ n. Redesignating section 809.5 as
809.3; revising redesignated section
809.3; and adding new sections 809.3.1,
809.3.1.1, 809.3.1.2, and 809.3.1.3;
■ o. Removing sections 809.5.1,
809.5.1.1, 809.5.1.2, 809.5.2, 809.5.2.1,
809.5.3, and 809.5.4;
■ p. Redesignating sections 809.5.5,
809.5.5.1, 809.5.5.2, and 809.5.6 as
809.3.2, 809.3.2.1, 809.3.2.2, and
809.3.3, respectively, and revising
redesignated section 809.3.2; and
■ q. Adding new section 809.3.4.
The additions and revisions read as
follows:
■
APPENDIX D TO PART 1191—
TECHNICAL
*
*
*
*
*
405.2 Slope. * * *
EXCEPTIONS: 1. * * *
2. For emergency transportable housing
units installed on private sites provided by
the occupant of the unit, where existing
physical or site constraints prohibit the
installation of an entry ramp complying with
405.2, ramps shall be permitted to provide a
single ramp run with a slope no steeper than
1:10 provided that the maximum rise of all
ramp runs serving the unit entrance is not
greater than 36 inches (915 mm).
*
*
*
*
*
405.6 Rise. * * *
EXCEPTION: For emergency transportable
housing units installed on private sites
provided by the occupant of the unit, where
existing physical or site constraints prohibit
the installation of an entry ramp complying
with 405.6, ramps shall be permitted to
provide a single ramp run with a rise 36
inches (915 mm) maximum.
*
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*
*
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*
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*
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409.1 General. Private residence elevators
that are provided within a residential
dwelling unit required to provide mobility
features complying with 809.2 shall comply
with 409 and with ASME A17.1
(incorporated by reference, see ‘‘Referenced
Standards’’ in Chapter 1). * * *
*
*
*
*
*
604.5 Grab Bars. * * *
EXCEPTIONS: * * *
2. In residential dwelling units, other than
emergency transportable housing units
required to provide mobility features
complying with 809.2, grab bars shall not be
required to be installed in toilet or bathrooms
provided that reinforcement has been
installed in walls and located so as to permit
the installation of grab bars complying with
604.5.
*
*
*
*
*
606.2 Clear Floor Space. * * *
EXCEPTIONS: * * *
3. In residential dwelling units, other than
emergency transportable housing units
required to provide mobility features
complying with 809.2, cabinetry shall be
permitted under lavatories and kitchen sinks
provided that all of the following conditions
are met:
(a) The cabinetry can be removed without
removal or replacement of the fixture;
(b) The finish floor extends under the
cabinetry; and
(c) The walls behind and surrounding the
cabinetry are finished.
*
*
*
*
*
606.4 Faucets and Water Spray Units.
* * * A water spray unit shall be provided
at the kitchen sink in emergency
transportable housing units required to
provide mobility features complying with
809.2.
*
*
*
*
*
607.4 Grab Bars. * * *
EXCEPTIONS: * * *
2. In residential dwelling units, other than
emergency transportable housing units
required to provide mobility features
complying with 809.2, grab bars shall not be
required to be installed in bathtubs located
in bathing facilities provided that
reinforcement has been installed in walls and
located so as to permit the installation of grab
bars complying with 607.4.
*
*
*
*
*
608.3 Grab Bars. * * *
EXCEPTIONS: * * *
2. In residential dwelling units, other than
emergency transportable housing units
required to provide mobility features
complying with 809.2, grab bars shall not be
required to be installed in showers located in
bathing facilities provided that reinforcement
has been installed in walls and located so as
to permit the installation of grab bars
complying with 608.3.
*
*
*
*
*
608.4 Seats. * * * A folding seat shall be
provided in roll-in type showers required in
transient lodging guest rooms with mobility
features complying with 806.2 and in roll-in
type showers provided in emergency
transportable housing units required to
provide mobility features complying with
809.2. * * *
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EXCEPTION: In residential dwelling units,
other than emergency transportable housing
units, seats shall not be required in transfer
type shower compartments provided that
reinforcement has been installed in walls so
as to permit the installation of seats
complying with 608.4.
*
*
*
*
*
804.3 Kitchen Work Surface. In
residential dwelling units required to provide
mobility features complying with 809.2, at
least one 30 inch (760 mm) wide minimum
section of counter shall provide a kitchen
work surface that complies with 804.3.
EXCEPTION: In emergency transportable
housing units, a work surface complying
with 804.3 shall not be required provided
that the following criteria are met:
(a) A kitchen table complying with 902 is
provided within the kitchen;
(b) An electrical outlet is provided at a
location within reach of the table; and
(c) All kitchen countertops are 34 inches
high maximum.
*
*
*
*
*
809.1 General. * * * Residential
dwelling units required to provide mobility
features shall comply with 809.2. Residential
dwelling units required to provide
communication features shall comply with
809.3.
*
*
*
*
*
809.2 Residential Dwelling Units with
Mobility Features. Residential dwelling units
required to provide mobility features shall
comply with 809.2
809.2.1 Accessible Routes. Accessible
routes complying with Chapter 4 shall be
provided within residential dwelling units in
accordance with 809.2.1.
Exception: * * *
809.2.1.1 Location. At least one
accessible route shall connect all spaces and
elements that are a part of the residential
dwelling unit. * * *
809.2.1.2 Floor Surfaces. Within
emergency transportable housing units,
carpet shall not be provided on floor
surfaces.
pmangrum on DSK3VPTVN1PROD with RULES
*
*
*
*
*
809.2.5 Bedrooms in Emergency
Transportable Housing Units. Bedrooms in
emergency transportable housing units shall
comply with 809.2.5.
809.2.5.1 Clear Floor Space. A clear floor
space complying with 305 shall be provided
on one side of a bed. The clear floor space
shall be positioned for parallel approach to
the side of the bed and shall be on an
accessible route.
809.2.5.2 Furniture. Where bedrooms are
less than 70 square feet, furniture supplied
with the unit shall not overlap the accessible
route, maneuvering clearances required at
doors, and turning space.
809.2.5.3 Lighting Controls. A means to
control at least one source of bedroom
lighting from the bed shall be provided.
809.2.6 Weather Alert Systems. Where
provided in emergency transportable housing
units, weather alert systems shall comply
with 309.1 through 309.3.
809.3 Residential Dwelling Units with
Communication Features. Residential
dwelling units required to provide
VerDate Mar<15>2010
14:20 May 06, 2014
Jkt 232001
communication features shall comply with
809.3.
809.3.1 Alarms. Alarms shall comply and
809.3.1. The same visible notification
appliances shall be permitted to provide
notification of building fire alarm and
residential dwelling unit smoke alarm
activation. Visible notification appliances
used to indicate building fire alarm or
residential dwelling unit smoke alarm
activation shall not be used for any other
purpose within the residential dwelling unit.
809.3.1.1 Building Fire Alarm System.
Where a building fire alarm system is
provided, the system wiring shall be
extended to a point within the residential
dwelling unit in the vicinity of the
residential dwelling unit smoke alarm
system. Notification appliances provided
within a residential dwelling unit as part of
the building fire alarm system shall comply
with NFPA 72 (1999 or 2002 edition)
(incorporated by reference, see ‘‘Referenced
Standards’’ in Chapter 1).
809.3.1.2 Residential Dwelling Unit
Smoke Alarms. Residential dwelling unit
smoke alarms shall provide combination
smoke alarms and visible notification
appliances complying with NFPA 72 (1999 or
2002 edition) (incorporated by reference, see
‘‘Referenced Standards’’ in Chapter 1).
Combination smoke alarms and visible
notification appliances shall be supplied
with power from one or more power sources
as follows:
(a) A commercial light and power source
along with a secondary power source; or
(b) A non-commercial alternating current
(ac) power source along with a secondary
power source.
809.3.1.3 Activation. All visible
notification appliances within the residential
dwelling unit providing notification of a
building fire alarm shall be activated upon
activation of the building fire alarm in the
portion of the building containing the
residential dwelling unit. All combination
smoke alarms and visible notification
appliances within the residential dwelling
unit shall be activated upon smoke detection.
809.3.2 Residential Dwelling Unit
Primary Entrance. Communication features
shall be provided at the residential dwelling
unit primary entrance and shall comply with
809.3.2.
*
*
*
*
*
809.3.4 Weather Alert Systems. Where
provided in emergency transportable housing
units, weather alert systems shall provide
audible and visual output.
[FR Doc. 2014–10162 Filed 5–6–14; 8:45 am]
BILLING CODE 8150–01–P
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26143
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2012–0814; FRL–9910–42–
Region 4]
Approval and Promulgation of
Implementation Plans; Region 4
States; Visibility Protection
Infrastructure Requirements for the
1997 and 2006 Fine Particulate Matter
National Ambient Air Quality
Standards
Environmental Protection
Agency.
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve submissions from Alabama,
Georgia, Kentucky, Mississippi, North
Carolina, South Carolina, and Tennessee
for inclusion into each state’s respective
state implementation plan (SIP). This
action pertains to Clean Air Act (CAA
or Act) requirements regarding the
protection of visibility in another state
for the 1997 annual and 2006 24-hour
fine particulate matter (PM2.5) National
Ambient Air Quality Standards
(NAAQS). The CAA requires that each
state adopt and submit a SIP for the
implementation, maintenance, and
enforcement of each NAAQS
promulgated by EPA. These plans are
commonly referred to as
‘‘infrastructure’’ SIPs. Specifically, EPA
is taking final action to approve the
submissions for Alabama, Georgia,
Kentucky, Mississippi, North Carolina,
South Carolina, and Tennessee as they
relate to the 1997 annual and 2006 24hour PM2.5 NAAQS infrastructure SIP
requirements to protect visibility in
other states. All other applicable
infrastructure requirements for these
NAAQS associated with these seven
states have been addressed in separate
rulemakings.
DATES: This rule will be effective June
6, 2014.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2012–0814. All documents in the docket
are listed on the www.regulations.gov
Web site. Although listed in the index,
some information is not publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
SUMMARY:
E:\FR\FM\07MYR1.SGM
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]]>Agencies
[Federal Register Volume 79, Number 88 (Wednesday, May 7, 2014)]
[Rules and Regulations]
[Pages 26125-26143]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-10162]
[[Page 26125]]
-----------------------------------------------------------------------
ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD
36 CFR Part 1191
RIN 3014-AA39
Americans With Disabilities Act (ADA) and Architectural Barriers
Act (ABA) Accessibility Guidelines; Emergency Transportable Housing
Units
AGENCY: Architectural and Transportation Barriers Compliance Board.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We, the Architectural and Transportation Barriers Compliance
Board (Access Board), are issuing a final rule that amends the
Americans with Disabilities Act (ADA) and Architectural Barriers Act
(ABA) Accessibility Guidelines to specifically address emergency
transportable housing units provided to disaster survivors by entities
subject to the ADA or ABA. The final rule ensures that the emergency
transportable housing units are readily accessible to and usable by
disaster survivors with disabilities. The U.S. Department of Justice
(DOJ) is required to update its accessibility standards for the design,
construction, and alteration of facilities (other than certain
transportation facilities) by entities subject to the ADA to be
consistent with the final rule. The U.S. Department of Housing and
Urban Development (HUD) is required to update its accessibility
standards for the design, construction, and alteration of residential
facilities by entities subject to the ABA to be consistent with the
final rule.
DATES: The final rule is effective June 6, 2014. Compliance is not
required by entities subject to the ADA until DOJ updates its
accessibility standards to be consistent with the final rule.
Compliance is not required by entities subject to the ABA until HUD
updates its accessibility standards to be consistent with the final
rule.
The incorporation by reference of certain publications listed in
the rule was approved by the Director of the Federal Register as of
September 21, 2004.
FOR FURTHER INFORMATION CONTACT: Marsha Mazz, U.S. Access Board, 1331 F
Street NW., Suite 1000, Washington, DC 20004-1111. Telephone numbers:
(202) 272-0020 (voice) or (202) 272-0076 (TTY). Email address:
board.gov">mazz@access-board.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
1. Executive Summary
2. Statutory and Regulatory Background
3. Federal Emergency Management Agency (FEMA)
4. Rulemaking History
5. Comments on Proposed Rule
A. Scoping Requirements for Units With Mobility Features
B. Scoping Requirements for Units With Communication Features
C. Needs of Individuals With Chemical and Electrical
Sensitivities
6. Discussion of Final Rule
7. Regulatory Analyses
In this preamble, ``we,'' ``our'' and ``us'' refer to the
Architectural and Transportation Barriers Compliance Board (Access
Board).\1\
---------------------------------------------------------------------------
\1\ The Access Board is an independent federal agency
established by section 502 of the Rehabilitation Act. See 29 U.S.C.
792. The Access Board consists of 13 members appointed by the
President from the public, a majority of which are individuals with
disabilities, and the heads of 12 federal agencies or their
designees whose positions are Executive Level IV or above. The
federal agencies are: The Departments of Commerce, Defense,
Education, Health and Human Services, Housing and Urban Development,
Interior, Justice, Labor, Transportation, and Veterans Affairs;
General Services Administration; and United States Postal Service.
---------------------------------------------------------------------------
1. Executive Summary
Legal Authority and Purpose
We are required by the Americans with Disabilities Act (ADA) and
the Rehabilitation Act to issue guidelines for the accessibility
standards adopted by the U.S. Department of Justice (DOJ) for the
design, construction, and alteration of facilities (other than certain
transportation facilities) by entities subject to the ADA.\2\ We are
also required by the Rehabilitation Act to issue guidelines for the
accessibility standards adopted by the U.S. Department of Housing and
Urban Development (HUD) for the design, construction, and alteration of
residential facilities by entities subject to the Architectural
Barriers Act (ABA).\3\ Our current guidelines, the ADA and ABA
Accessibility Guidelines, were issued in 2004.\4\ This final rule
amends the ADA and ABA Accessibility Guidelines to specifically address
emergency transportable housing units provided to disaster survivors by
entities subject to the ADA or ABA. Compliance is not required by
entities subject to the ADA until DOJ updates its accessibility
standards to be consistent with the final rule. Compliance is not
required by entities subject to the ABA until HUD updates its
accessibility standards to be consistent with the final rule.
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\2\ 29 U.S.C. 792(b)(3) and 42 U.S.C. 12204.
\3\ 29 U.S.C. 792(b)(3).
\4\ 36 CFR part 1191.
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Summary of Major Provisions
The final rule applies to entities subject to the ADA or ABA that
provide emergency transportable housing units to disaster survivors.
Emergency transportable housing units are prefabricated so they can be
deployed rapidly in response to disasters. They are transported on a
single transport vehicle over roadways, which results in size and space
limitations. They provide temporary housing for persons whose homes
have been destroyed or damaged by a disaster until they find suitable
permanent housing.
Where group sites are developed for emergency transportable housing
units, the final rule requires at least 10 percent of the unit pads at
each group site to be designed and constructed to accept the
installation of units with mobility features for disaster survivors who
have mobility disabilities, and at least 5 percent of the total number
of units installed at each group site to provide mobility features.
Where emergency transportable housing units are installed on private
sites provided by the occupant of the unit, existing commercial sites,
or military installations, the final rule requires entities to provide
units with mobility features as determined by a needs assessment
conducted by the entity providing the units.
The final rule requires emergency transportable housing units with
mobility features to comply with the technical requirements for
residential dwelling units with mobility features. The final rule adds
new technical requirements for floor surfaces, bedrooms, and weather
alert systems in emergency transportable housing units with mobility
features. The final rule also requires a water spray unit at kitchen
sinks and a seat in roll-in type and transfer type shower compartments
in emergency transportable housing units with mobility features. The
final rule does not permit the use of platform lifts at the primary
entrance to emergency transportable housing units with mobility
features. The final rule revises existing exceptions and adds new
exceptions relating to operable parts, ramps, grab bars, clear floor
space at lavatories and kitchen sinks, and kitchen work surfaces in
emergency transportable housing units with mobility features.
The final rule requires entities to provide emergency transportable
housing units with communication features for disaster survivors who
are deaf or have a hearing loss as determined by a needs assessment
conducted by the entity providing the
[[Page 26126]]
emergency transportable housing units, regardless of the type of site
where the units are installed. The final rule requires emergency
transportable housing units with communication features to provide
combination smoke alarms and visible notification appliances complying
with NFPA 72 National Fire Alarm Code. Where weather alert systems are
provided in emergency transportable housing units, the final rule
requires weather alert systems in units with communication features to
provide audible and visible output.
Summary of Costs and Benefits
The Federal Emergency Management Agency (FEMA) is the only entity
we have identified that has recently provided emergency transportable
housing units to disaster survivors. FEMA is subject to the ABA. We
estimated the additional costs for FEMA to provide emergency
transportable housing units that comply with the final rule compared to
units complying with the Uniform Federal Accessibility Standards
(UFAS). UFAS is the accessibility standard adopted by HUD for
residential facilities covered by the ABA. We estimated the additional
costs under three scenarios. The scenarios do not represent actual
costs that FEMA will incur each year since the number of UFAS compliant
units deployed by FEMA varies from year to year. The first scenario is
based on the average number of UFAS compliant units deployed per year
by FEMA in response to major disasters and emergencies declared by the
President during the period from calendar year 2008 to 2013, which were
165 UFAS compliant units. Under the first scenario, we estimated the
additional costs to range from $28,425 to $104,775. The second scenario
is based on FEMA's current baseline target inventory of 298 UFAS
compliant units. Under the second scenario, we estimated the additional
costs to range from $51,480 to $189,230. The third scenario is based on
the approximately 145,000 emergency transportable housing units that
FEMA deployed in response Hurricanes Katrina and Rita. Under the third
scenario, we estimated the additional costs to range from $2.5 million
to $18.4 million depending on whether 10, 15, or 20 percent of the
units are UFAS compliant. The additional costs estimated under the
second and third scenarios may be incurred over more than one year.
The final rule would benefit disaster survivors with disabilities
who need temporary housing. The benefits are difficult to quantify, but
include important national values recognized in Executive Order 13563
such as equity, human dignity, and fairness.
2. Statutory and Regulatory Background
The ADA prohibits discrimination on the basis of disability.\5\ The
ADA requires facilities constructed or altered by state and local
governments, and public accommodations and commercial facilities
constructed or altered by private entities to be readily accessible to
and usable by individuals with disabilities. DOJ is required to adopt
accessibility standards for the design, construction, and alteration of
facilities (other than certain transportation facilities) by entities
subject to the ADA.\6\
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\5\ 42 U.S.C. 12101 et seq.
\6\ 42 U.S.C. 12134 and 12186. The U.S. Department of
Transportation is required to adopt accessibility standards for the
design, construction, and alteration of facilities used to provide
designated public transportation, commuter rail transportation, and
intercity rail transportation. 42 U.S.C. 12149, 12163, and 12164.
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The ABA requires facilities constructed or altered with federal
funds and facilities leased by federal agencies to be readily
accessible to and usable by individuals with disabilities.\7\ HUD is
required to adopt accessibility standards for the design, construction,
and alteration of residential facilities by entities subject to the
ABA.\8\
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\7\ 42 U.S.C. 4151 et seq.
\8\ 42 U.S.C. 4153. The Department of Defense and United States
Postal Service are required to adopt accessibility standards for
their respective facilities, and the General Services Administration
is required to adopt accessibility standards for all other
facilities covered by the ABA. 42 U.S.C. 4142, 4154, and 4154a.
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We are required by the ADA and the Rehabilitation Act to issue
guidelines for the accessibility standards adopted by DOJ for the
design, construction, and alteration of facilities (other than certain
transportation facilities) by entities subject to the ADA.\9\ We are
also required by the Rehabilitation Act to issue guidelines for the
accessibility standards adopted by HUD for the design, construction,
and alteration of residential facilities by entities subject to the
ABA.\10\ Our current guidelines, the ADA and ABA Accessibility
Guidelines, were issued in 2004.
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\9\ 29 U.S.C. 792(b)(3) and 42 U.S.C. 12204.
\10\ 29 U.S.C. 792(b)(3).
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DOJ updated its accessibility standards for the design,
construction, and alteration of facilities (other than certain
transportation facilities) by entities subject to the ADA in 2010. The
DOJ 2010 standards reference the 2004 ADA and ABA Accessibility
Guidelines and include additional requirements.\11\ HUD adopted UFAS
for the design, construction, and alteration of residential facilities
by entities subject to the ABA in 1984.\12\ HUD has not yet updated its
standards for residential facilities to be consistent with the ADA and
ABA Accessibility Guidelines.
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\11\ 28 CFR 35.104 and 36.104 (definitions of 2004 ADAAG and
2010 Standards).
\12\ 24 CFR 40.4.
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3. Federal Emergency Management Agency (FEMA)
The final rule applies to entities subject to the ADA or ABA that
provide emergency transportable housing units to disaster survivors.
FEMA is the only entity we have identified that has recently provided
emergency transportable housing units to disaster survivors. FEMA is
subject to the ABA.
The Robert T. Stafford Disaster Relief and Emergency Assistance Act
(Stafford Act) authorizes FEMA to provide various types of assistance
when a major disaster or emergency is declared by the President.\13\
When disaster survivors are displaced from their pre-disaster primary
residences as a result of damage caused by a major disaster or
emergency, FEMA may provide them financial assistance to rent
alternative housing.\14\ When there is an insufficient supply of
alternative housing, FEMA may provide direct assistance by purchasing
or leasing emergency transportable housing units for disaster
survivors.\15\ FEMA may install the emergency transportable housing
units on private sites provided for free by the occupant of the unit;
existing commercial sites such as manufactured home parks; or group
sites developed specifically for the units.\16\ FEMA develops group
sites on property provided by state or local governments or property
leased by FEMA only when private sites and existing commercial sites
are unable to accommodate the need for emergency transportable housing
units.\17\
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\13\ 42 U.S.C. 5121 et seq.
\14\ 42 U.S.C. 5174(b) and (c)(1)(A), and 5192(a)(6).
\15\ 42 U.S.C. 5174(c)(1)(B) and 5192(a)(6).
\16\ The Stafford Act requires the sites to be complete with
utilities. 42 U.S.C. 5174(d)(1)(a)(i). FEMA may provide federal
assistance for the installation or repairs of utilities at private
sites and commercial sites when FEMA determines that it will provide
more cost effective, timely, and suitable temporary housing than
other types of resources. 44 CFR 206.111 and 117(b)(1)(ii)(E).
\17\ FEMA, National Disaster Housing Strategy, January 16, 2009,
Annex 4: Disaster Housing Community Site Operations at: https://www.fema.gov/national-disaster-housing-strategy-resource-center.
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Emergency transportable housing units provided by FEMA are
currently required to comply with UFAS, the accessibility standard
adopted by HUD for residential facilities covered by the ABA. UFAS
requires 5 percent of the
[[Page 26127]]
total number of federally owned one and two family dwelling units to
comply with the applicable technical requirements.\18\ When HUD
eventually updates its standards for residential facilities covered by
the ABA to be consistent with the ADA and ABA Accessibility Guidelines,
emergency transportable housing units provided by FEMA will be required
to comply with the updated HUD standards.
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\18\ UFAS 4.1.4(11)(c).
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When disaster survivors apply for assistance from FEMA, individuals
with disabilities are identified and their housing needs are
assessed.\19\ FEMA maintains a baseline target inventory of emergency
transportable housing units ready to deploy in response to major
disasters and emergencies based on historical usage, lead time to
produce additional units, and installation capacity. FEMA reassesses
the baseline at the beginning of each hurricane season and may readjust
it based on operational needs, lessons learned, and on-going analysis.
FEMA's current baseline target inventory is 2,000 units and 298 of the
units (approximately 15 percent of the units) are targeted as UFAS
compliant.\20\ The actual number of emergency transportable housing
units in the inventory varies as FEMA deploys the units to affected
areas and contracts for the production of additional units as needed.
Where group sites are developed, FEMA policy specifies that at least 15
percent of the unit pads be designed and constructed to accept the
installation of UFAS compliant units.\21\ Unit pads that accept the
installation of UFAS compliant units include additional space to
install an entry ramp to the unit and to provide an accessible parking
space for the unit.
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\19\ FEMA, Recovery Policy (Interim) 9452.1, Temporary Housing
Units for Eligible Disaster Victims with a Disability, October 13,
2006 at: https://www.fema.gov/media-library-data/20130726-1819-25045-5130/temporary_housing_units_for_eligible_disaster_victims_with_a_disability__9452.1_.pdf. See also FEMA, National
Disaster Housing Strategy, January 16, 2009, Annex 3: Summary of
Programs for Special Needs and Low-Income Populations, Including
Provision of Housing Units for Individuals with Disabilities at:
https://www.fema.gov/national-disaster-housing-strategy-resource-center.
\20\ FEMA Manufactured Housing Unit Baseline Inventory, July 26,
2013 available in the supporting documents for the rulemaking at:
https://www.regulations.gov/#!docketDetail;D=ATBCB-2012-0004.
\21\ FEMA, Recovery Policy (Interim) 9452.1, Temporary Housing
Units for Eligible Disaster Victims with a Disability, October 13,
2006 at: https://www.fema.gov/media-library-data/20130726-1819-25045-5130/temporary_housing_units_for_eligible_disaster_victims_with_a_disability__9452.1_.pdf.
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FEMA provided us data on the number of emergency transportable
housing units, including UFAS compliant units, provided in response to
27 major disasters and emergencies declared by the President during the
period from calendar year 2008 to 2013.\22\ During this period, FEMA
provided a total of 9,324 emergency transportable housing units, of
which 991 units or 10.6 percent of the total units were UFAS compliant.
FEMA installed approximately 5,568 of the units, including about 569
UFAS compliant units, on private sites provided by occupants of the
units. FEMA installed approximately 2,258 of the units, including about
277 UFAS compliant units, on existing commercial sites. FEMA installed
approximately 1,395 of the units, including about 135 UFAS units, on
group sites. Although 10.6 percent of the total number of emergency
transportable housing units provided during this period was UFAS
compliant, the percentage of UFAS compliant units varied widely from
disaster to disaster by the type of site. FEMA informed us that some of
the UFAS compliant units were provided to disaster survivors who do not
have disabilities due to the lack of inventory of standard units. Thus,
the actual need for UFAS compliant units may be less than the data
indicate.
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\22\ We included the data provided by FEMA in the supporting
documents for the rulemaking at: https://www.regulations.gov/#!docketDetail;D=ATBCB-2012-0004. The data is organized by the
calendar year in which the major disaster or emergency was declared.
FEMA may have provided the emergency transportable housing units
over more than one calendar year in response to a specific major
disaster or emergency.
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4. Rulemaking History
In response to issues raised about the accessibility of emergency
transportable housing units provided by FEMA after Hurricanes Katrina
and Rita, we convened an advisory committee in 2007 to make
recommendations for amending the ADA and ABA Accessibility Guidelines
to specifically address emergency transportable housing units. The
advisory committee members represented disability advocacy
organizations, manufacturers of emergency transportable housing units,
standard setting organizations, and federal agencies (FEMA, HUD, and
DOJ). The advisory committee submitted a report with recommendations to
amend the ADA and ABA Accessibility Guidelines in 2008. We issued a
proposed rule to amend the ADA and ABA Accessibility Guidelines based
on the advisory committee's report in 2012.\23\ The advisory committee
report and proposed rule are available at: https://www.access-board.gov/guidelines-and-standards/buildings-and-sites/emergency-transportable-housing/background.
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\23\ 77 FR 36231 (June 18, 2012).
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5. Comments on Proposed Rule
We received 44 comments on the proposed rule, including comments
from 11 persons who testified at a public hearing on the proposed
rule.\24\ The comments are available at: https://www.regulations.gov/#!docketDetail;D=ATBCB-2012-0004. Most of the comments were submitted
by disability advocacy organizations (17 comments) and individuals (16
comments). The manufactured housing industry submitted four comments
and other interested persons submitted four comments. The comments
generally supported the proposed rule, except for the scoping
requirements for units with mobility features and units with
communication features. Ten comments, including one comment that was
supported by 16 organizations and over 100 individuals, recommended
that units meet the needs of individuals with chemical and electrical
sensitivities. We respond to these comments below.
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\24\ Some of the persons who testified at the public hearing
also submitted written comments. Two of the comments were duplicates
and one comment was a test.
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A. Scoping Requirements for Units With Mobility Features
The ADA and ABA Accessibility Guidelines require at least 5 percent
of the residential dwelling units in a facility to provide mobility
features.\25\ The advisory committee recommended alternate scoping
requirements for emergency transportable housing units with mobility
features. Where emergency transportable housing units are installed on
private sites provided by the occupant of the unit, the advisory
committee recommended that entities provide units with mobility
features to ensure non-discrimination on the basis of disability as
prescribed by regulations implementing section 504 of the
Rehabilitation Act, the Stafford Act, and the ADA.\26\ Where emergency
transportable housing units are installed on group sites, the advisory
committee
[[Page 26128]]
recommended that 10 percent of the units should provide mobility
features. The advisory committee based this recommendation on the
number of UFAS compliant units that FEMA had in its inventory at the
time the committee issued its report.\27\ The advisory committee did
not specifically address emergency transportable housing units
installed on existing commercial sites.
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\25\ Where a facility has 15 or fewer residential dwelling
units, the scoping requirement applies to the total number of
residential dwelling units that are constructed under a single
contract, or are developed as a whole, whether or not located on a
common site. See sections 233.3.1, F233.3.1, and F233.4.1 of the ADA
and ABA Accessibility Guidelines.
\26\ See 44 CFR part 16 for FEMA's regulations implementing
section 504 of the Rehabilitation Act; 44 CFR part 206 for FEMA's
regulations implementing the Stafford Act; and 28 CFR parts 35 and
36 for DOJ's regulations implementing Titles II and III of the ADA.
\27\ Advisory Committee Final Report, Consensus Recommendations,
Item 5: Scoping at: https://www.access-board.gov/guidelines-and-standards/buildings-and-sites/emergency-transportable-housing/background. The advisory committee noted that FEMA had an inventory
of approximately 4,000 emergency transportable housing units and 10
percent of the units were UFAS compliant.
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The proposed rule did not specify the number of emergency
transportable housing units with mobility features to be provided
because the number of disaster survivors who need such units may vary
from disaster to disaster by the type of site on which the units are
installed. Instead, the proposed rule adopted the approach recommended
by the advisory committee for private sites to any type of site, and
would have required entities to provide emergency transportable housing
units with mobility features in accordance with regulations
implementing section 504 of the Rehabilitation Act, the Stafford Act,
and the ADA. As explained in the preamble to the proposed rule, we
intended entities to provide emergency transportable housing units with
mobility features based on the assessed needs of the disaster
survivors.\28\
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\28\ 77 FR 36239 (June 18, 2012).
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Some of the disability advocacy organizations and individuals who
commented on the proposed rule recommended that 10 percent, 14 percent,
or 15 percent of the total number of emergency transportable housing
units installed on group sites should provide mobility features.
The final rule addresses the different types of sites on which
emergency transportable housing units are installed. Where emergency
transportable housing units are installed on private sites provided by
the occupant of the units, the final rule requires entities to provide
units with mobility features as determined by a needs assessment
conducted by the entity providing the emergency transportable housing
units.\29\ This will ensure that disaster survivors with a disability
who want a unit with mobility features to be installed on a private
site that can accommodate the unit are provided such a unit.\30\
Disaster survivors prefer to have emergency transportable housing units
installed on the site of their pre-disaster primary residence where
possible so they can remain in their communities and supervise the
repair or reconstruction of their homes. Approximately 60 percent of
the emergency transportable housing units provided by FEMA in response
to major disasters and emergencies declared by the President between
calendar years 2008 and 2013 were installed on private sites provided
by the occupants of the units.
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\29\ See redesignated sections 233.3.1.2.1 and F233.4.1.2.1 of
the ADA and ABA Accessibility Guidelines.
\30\ FEMA requires a private site feasibility inspection to
ensure that all necessary utilities are operational and that the
unit can be installed within the space available.
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Where group sites are developed for emergency transportable housing
units, the final rule requires entities to design and construct at
least 10 percent of the unit pads to accept the installation of units
with mobility features and to be on an accessible route.\31\ We
required a minimum number of unit pads at group sites to be designed
and constructed to accept the installation of units with mobility
features and to be on an accessible route because it is more cost
effective to do so when the group sites are initially developed rather
than altering the unit pads and circulation paths after the group sites
are developed. The scoping requirement for unit pads at group sites is
a minimum requirement and entities that develop group sites may exceed
the minimum requirement. As noted earlier, FEMA policy specifies that
at least 15 percent of the unit pads at group sites be designed and
constructed to accept the installation of UFAS compliant units.
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\31\ See redesignated sections 233.3.1.2.2.1 and F233.4.1.2.2.1
of the ADA and ABA Accessibility Guidelines.
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The final rule also requires at least 5 percent of the total number
of the emergency transportable housing units installed on group sites
to provide mobility features. This is consistent with the current
scoping requirement for residential facilities in the ADA and ABA
Accessibility Guidelines. We did not require at least 10 percent of the
total number of units installed on group sites to provide mobility
features because the data provided by FEMA for group sites where
emergency transportable housing units were installed in response to
major disasters and emergencies declared by the President between
calendar years 2008 and 2013 show that less than 10 percent of the
total number of units installed on about half of the group sites were
UFAS compliant.\32\ Requiring at least 10 percent of the total number
of units installed on group sites to provide mobility features would
limit FEMA's ability to provide units with mobility features at other
types of sites based on the assessed needs of disaster survivors with
disabilities. If more units with mobility features are needed at
private sites and existing commercial sites than at group sites,
requiring at least 10 percent of the total number of units installed on
group sites to provide mobility features could result in fewer units
with mobility features being available to install at the private sites
and existing commercial sites.
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\32\ We included the data provided by FEMA on group sites in the
supporting documents for the rulemaking at: https://www.regulations.gov/#!docketDetail;D=ATBCB-2012-0004. FEMA installed
emergency transportable housing units on 17 group sites during the
relevant period. Data were not available on the number and type of
units installed at 8 of the group sites.
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Where federal agencies lease space at existing commercial sites
such as manufactured home parks to install emergency transportable
housing units, the final rule requires entities to provide units with
mobility features as determined by a needs assessment conducted by the
entity providing the emergency transportable housing units.\33\ Data
provided by FEMA on the number of emergency transportable housing units
installed at existing commercial sites in response to major disasters
and emergencies declared by the President between calendar years 2008
and 2013 show that the percent of UFAS compliant units installed at the
sites varied widely from less than 5 percent to more than 50 percent.
We did not specify the number of units with mobility features to be
installed at existing commercial sites because the data vary so widely.
The number of units with mobility features that should be installed at
existing commercial sites is best determined by a needs assessment
conducted by the entity providing the units.
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\33\ See new section F202.6.5.9 of the ADA and ABA Accessibility
Guidelines.
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Where emergency transportable housing units are installed on
military installations, the final rule requires units with mobility
features to be provided as determined by a needs assessment conducted
by the entity providing the units.\34\ We did not require a minimum
number of units with mobility features to be installed on military
installations because there are no data available on emergency
[[Page 26129]]
transportable housing units provided on military installations.
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\34\ See redesignated section F233.3.2.2 of the ADA and ABA
Accessibility Guidelines.
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B. Scoping Requirements for Units With Communication Features
The ADA and ABA Accessibility Guidelines require at least 2 percent
of the residential dwelling units in a facility to provide
communication features.\35\ The advisory committee did not recommend
alternate scoping requirements for emergency transportable housing
units with communication features. The proposed rule did not specify
the number of emergency transportable housing units with communication
features to be provided because the number of disaster survivors who
need such units may vary from disaster to disaster by the type of site
on which the units are installed. Instead, the proposed rule would have
required entities to provide emergency transportable housing units with
communication features in accordance with the regulations implementing
section 504 of the Rehabilitation Act, the Stafford Act, and the ADA,
similar to what we proposed for emergency transportable housing units
with mobility features.
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\35\ Where a facility has 15 or fewer residential dwelling
units, the scoping requirement applies to the total number of
residential dwelling units that are constructed under a single
contract, or are developed as a whole, whether or not located on a
common site. See sections 233.3.1, F233.3.1, and F233.4.1 of the ADA
and ABA Accessibility Guidelines.
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Some of the disability advocacy organizations and individuals who
commented on the proposed rule recommended that 2 percent of the total
number of emergency transportable housing units installed on group
sites should provide communication features.
The final rule requires entities to provide emergency transportable
housing units with communication features as determined by a needs
assessment conducted by the entity providing the units because the
number of disaster survivors who need units with communication features
may vary from disaster to disaster by the type of site on which the
units are installed.\36\ All the emergency transportable housing units
provided by FEMA include the communication features required by the
final rule, including combination smoke alarms and visual notification
appliances complying with NFPA 72 National Fire Alarm Code and weather
alert systems with audible and visible output.
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\36\ See new section F202.6.5.10 and redesignated sections
233.3.2.2, F233.3.2.2, and F233.4.2.2 of the ADA and ABA
Accessibility Guidelines.
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C. Needs of Individuals With Chemical and Electrical Sensitivities
The advisory committee included a member of an organization
knowledgeable about the needs of individuals with chemical and
electrical sensitivities. The advisory committee discussed issues
related to the indoor environmental quality of emergency transportable
housing units, but the committee concluded that it did not have the
expertise to address the issues. In the proposed rule, we noted that
FEMA currently requires emergency transportable housing units to comply
with HUD's Manufactured Home Construction and Safety Standards, which
include formaldehyde emission levels for plywood and particle board
materials installed in the homes.\37\ The Environmental Protection
Agency also has initiated rulemaking to address formaldehyde emissions
from composite wood products.\38\
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\37\ 24 CFR 3280.308.
\38\ 78 FR 34820 (June 10, 2013).
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Comments submitted on behalf of individuals with chemical and
electrical sensitivities noted that they experience disabling reactions
to very low level exposures to formaldehyde and other volatile organic
compounds. They recommended that FEMA provide emergency transportable
housing units constructed of porcelain or comparable materials for
individuals with chemical sensitivities. We have shared the comments
with FEMA to further consider how to meet the needs of these
individuals.
6. Discussion of Final Rule
The ADA and ABA Accessibility Guidelines are codified as appendices
to 36 CFR part 1191. Appendix A contains the Table of Contents.
Appendix B contains the scoping requirements for facilities covered by
the ADA. Appendix C contains the scoping requirements for facilities
covered by the ABA. The scoping requirements in Appendix C are preceded
by the letter ``F'' to distinguish them from the scoping requirements
in Appendix B. Appendix D contains the technical requirements for
facilities covered by the ADA and the ABA. The amendments to the ADA
and ABA Accessibility Guidelines made by the final rule are discussed
below under the applicable appendices.\39\
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\39\ The revisions made by the final rule to the guidelines do
not change the requirements in the DOJ 2010 Standards until DOJ
adopts the revisions. The sections of the DOJ 2010 Standards
relating to residential facilities are not revised or renumbered.
See 36 CFR 1191.1, Note 2 to paragraph (a), as amended in 78 FR
59493 (September 26, 2013).
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The final rule reorganizes and renumbers the scoping requirements
for residential facilities in section 233 in Appendix B and section
F233 in Appendix C, and the technical requirements for residential
dwelling units in section 809 in Appendix D. The final rule edits other
sections of the guidelines that reference the scoping requirements for
residential facilities in sections 233 and F233 and the technical
requirements for residential dwelling units in section 809 to conform
to the renumbered requirements in those sections. The final rule also
edits the words ``residential facilities'' in several sections of the
guidelines to read ``facilities with residential dwelling units.'' All
references to the sections of the guidelines in this section of the
preamble are to the renumbered sections.
There are no revisions to the Table of Contents in Appendix A.
Appendix B to 36 CFR Part 1191--Americans With Disabilities Act:
Scoping; Appendix C to 36 CFR Part 1191--Architectural Barriers Act:
Scoping
Since most of the scoping requirements in Appendices B and C are
the same, the revisions made by the final rule to the scoping
requirements are discussed together.
105.2.5 NFPA; F105.2.5 NFPA
These sections incorporate by reference the NFPA 72 National Fire
Alarm Code (1999 and 2002 Editions). The final rule edits the
references to the sections of the guidelines that require compliance
with the NFPA 72 National Fire Alarm Code to conform to the renumbered
technical requirements for residential dwelling units in section 809.
106.5 Defined Terms; F106.5 Defined Terms
The final rule adds a definition to these sections for the term
``emergency transportable housing unit.'' The term is defined to mean a
single or multiple section prefabricated structure that is
transportable on a single transport vehicle and that can be set-up and
installed on a temporary site in response to an emergency need for
temporary housing. The definition lists travel trailers, park models,
manufactured housing, and other factory built housing among the
structures covered by the definition. Modular homes that are
transportable on multiple vehicles and are joined together on a site
are not covered by the definition. The definition considers emergency
transportable housing units as a type of residential dwelling unit for
the purposes of the guidelines.
[[Page 26130]]
F202.6.5.8 Residential Dwelling Units; F202.6.5.9 Emergency
Transportable Housing Units With Mobility Features; F202.6.5.10
Emergency Transportable Housing Units With Communication Features
The ABA applies to facilities leased by federal agencies. In
Appendix C, the scoping requirements for facilities leased by federal
agencies are contained in section F202.6. There are no scoping
requirements for leased facilities in Appendix B.\40\ The final rule
revises section F202.6.5.8 to require residential dwelling units, other
than emergency transportable housing units, leased by federal agencies
to comply with the scoping requirements in F233 for residential
facilities. The final rule adds new sections F202.6.5.9 and F206.5.9.10
to address emergency transportable housing units installed on existing
commercial sites leased by federal agencies. A commercial site is a
privately-owned facility containing factory-built housing that is
customarily leased for a fee and that is fully equipped to accommodate
emergency transportable housing units. Where emergency transportable
housing units are installed on existing commercial sites, sections
F202.6.5.9 and F206.5.9.10 require entities to provide emergency
transportable housing units with mobility features and emergency
transportable housing units with communication features as determined
by a needs assessment conducted by the entity providing the emergency
transportable housing units.
---------------------------------------------------------------------------
\40\ Public entities subject to Title II of the ADA are required
to comply with program accessibility requirements in existing
facilities. See 28 CFR 35.150. Private entities subject to Title III
of the ADA are required to comply with barrier removal requirements
in existing facilities. See 28 CFR 36.304.
---------------------------------------------------------------------------
203.8 Residential Facilities; F203.9 Residential Facilities
These sections contain a general exception for facilities with
residential dwelling units. The exception does not require common use
areas that do not serve residential dwelling units required to provide
mobility features to comply with the scoping requirements or to be on
an accessible route. The final rule revises the exception to also apply
to common use areas that do not serve emergency transportable housing
unit pads designed and constructed to accept the installation of units
with mobility features.
205 Operable Parts; F205 Operable Parts
These sections require operable parts located on accessible
elements and accessible routes and in accessible rooms and spaces to
comply with the technical requirements for operable parts, including
clear floor space, reach ranges, and operation. The sections contain
several exceptions. As discussed below, the final rule revises
Exception 3 and adds Exceptions 9, 10, and 11 to the sections.
Exception 3 (Electrical Outlets in Kitchen)
Where two or more electrical outlets are provided in a kitchen
above a length of counter top that is uninterrupted by a sink or
appliance, Exception 3 does not require one of the outlets to comply
with the technical requirements for operable parts. Kitchens in
emergency transportable housing units typically have fewer electrical
outlets than kitchens in other types of residential dwelling units. The
final rule revises Exception 3 so that it does not apply to emergency
transportable housing units required to provide mobility features.
Exception 9 (Residential Dwelling Units and Transient Lodging Guest
Rooms Not Required To Provide Mobility Features)
The final rule adds Exception 9 for residential dwelling units and
transient lodging guest rooms that are not required to provide mobility
features. Exception 9 clarifies that operable parts in these units are
not required to comply with the technical requirements for operable
parts.
Exception 10 (Operable Parts Beneath Emergency Transportable Housing
Units)
The final rule adds Exception 10 for operable parts located beneath
the body of emergency transportable housing units required to provide
mobility features. These operable parts are typically used by service
personnel for maintenance purposes and are not intended to be used by
the occupants of the emergency transportable housing units. Exception
10 does not require these operable parts to comply with the technical
requirements for operable parts.
Exception 11 (Water Shut-Off Valves)
The final rule adds Exception 11 for water shut-off valves. Water
shut-off valves are typically located beneath sinks and toilets, and do
not meet the technical requirements for clear floor space and reach
ranges. The proposed rule would not have required water-shut off valves
in emergency transportable housing units with mobility features to
comply with the technical requirements for operable parts where a
single shut-off valve complying with the technical requirements for
clear floor space and reach ranges is provided for the entire unit. The
final rule does not require water shut-off valves in any type of
occupancy to comply with the technical requirements for operable parts.
Since we do not know whether it is feasible to provide a single water
shut-off valve in all other occupancies, the final rule does not
require a single water shut-off valve to be provided in order to use
Exception 11.
206.2.3 Multi-Story Buildings (Exception 4); F206.2.3 Multi-Story
Buildings (Exception 4)
The final rule edits the references in Exception 4 to these
sections to the technical requirements for residential dwelling units
with mobility features to conform to the renumbered technical
requirements in section 809.
206.4.6 Residential Dwelling Unit Primary Entrance; F206.4.6
Residential Dwelling Unit Primary Entrance
The final rule edits these sections to reference the technical
requirements for residential dwelling units with mobility features.
206.5.4 Residential Dwelling Units; F206.5.4 Residential Dwelling Units
The final rule edits the references in these sections to the
technical requirements for residential dwelling units with mobility
features to conform to the renumbered technical requirements in section
809.
206.7 Platform Lifts; F206.7 Platform Lifts
These sections specify where platform lifts are permitted as a
component of an accessible route in new construction. The final rule
does not permit the use of platform lifts at the primary entrance to an
emergency transportable housing unit required to provide mobility
features. The floor level of emergency transportable housing units is
elevated above the ground. Although safety standards require
manufactured housing to provide a secondary means of escape, the
secondary means of escape usually is not accessible to occupants with
mobility disabilities. In emergency transportable housing units
required to provide mobility features, the primary entrance to the unit
is the only accessible means of escape for occupants with mobility
disabilities to evacuate the unit in an emergency. Platform lifts are
not permitted at the primary entrance to emergency transportable
housing units required to provide mobility features because the time
needed to operate a platform lift
[[Page 26131]]
and, if necessary, to recall it to the level of exit discharge can
result in unnecessary delays for occupants with mobility disabilities
evacuating the unit in an emergency.
206.7.6 Guest Rooms and Residential Dwelling Units; F206.7.6 Guest
Rooms and Residential Dwelling Units
The final rule edits the references in these sections to the
technical requirements for residential dwelling units with mobility
features to conform to the renumbered technical requirements in section
809.
208.2.3 Residential Facilities; F208.2.3 Residential Facilities
The final rule edits the words ``residential facilities'' in these
sections to read ``facilities with residential dwelling units.''
208.2.3.1 Parking for Residents; F208.2.3.1 Parking for Residents
The final rule edits the references in these sections to the
technical requirements for residential dwelling units with mobility
features to conform to the renumbered technical requirements in section
809.
208.3.2 Residential Facilities; F208.3.2 Residential Facilities
The final rule edits the references in these sections to the
technical requirements for residential dwelling units with mobility
features to conform to the renumbered technical requirements in section
809.
215.5 Residential Dwelling Units; F215.5 Residential Dwelling Units
The final rule edits the references in these sections to the
technical requirements for residential dwelling units with
communication features to conform to the renumbered technical
requirements in section 809.
228.2 Mail Boxes; F228.2 Mail Boxes
The final rule edits the references in these sections to the
technical requirements for residential dwelling units with mobility
features to conform to the renumbered technical requirements in section
809.
233 Residential Facilities; F233 Residential Facilities
The final rule reorganizes and renumbers the provisions in these
sections as shown below in order to add scoping requirements for
emergency transportable housing units required to provide mobility
features and for emergency transportable housing units required to
provide communication features.\41\ The final rule also edits the
references to the technical requirements for residential dwelling units
with mobility features in the provisions to conform to the renumbered
technical requirements in section 809.
---------------------------------------------------------------------------
\41\ See footnote 39.
------------------------------------------------------------------------
Old sections New sections
------------------------------------------------------------------------
ADA Scoping Requirements
------------------------------------------------------------------------
233 Residential Facilities............. 233 Residential Facilities
233.1 General.......................... 233.1 General
233.2 Residential Dwelling Units 233.2 Residential Dwelling
Provided by Entities Subject to HUD Units Provided by Entities
Section 504 Regulations. Subject to HUD Section 504
Regulations
233.3 Residential Dwelling Units 233.3 Residential Dwelling
Provided by Entities Not Subject to Units Provided by Entities Not
HUD Section 504 Regulations. Subject to HUD Section 504
Regulations
233.3.1 Minimum Number: New 233.3.1 Residential Dwelling
Construction. Units with Mobility Features
233.3.1.1 Residential Dwelling Units 233.3.1.1 Facilities Other Than
with Mobility Features. Those Containing Emergency
Transportable Housing Units
233.3.1.2 Facilities Containing
Emergency Transportable
Housing Units
233.3.1.2.1 Private Sites
Provided by Occupant of Unit
233.3.1.2.2 Group Sites
233.3.1.2.2.1 Unit Pads
233.3.1.2.2.2 Units Installed
233.3.1.2 Residential Dwelling Units 233.3.2 Residential Dwelling
with Communication Features. Units with Communication
Features
233.3.2.1 Facilities Other Than
Those Containing Emergency
Transportable Housing Units
233.3.2.2 Facilities Containing
Emergency Transportable
Housing Units
233.3.2 Residential Dwelling Units for 233.3.3 Residential Dwelling
Sale. Units for Sale
233.3.3 Additions...................... 233.3.4 Additions
233.3.4 Alterations.................... 233.3.5 Alterations
233.3.4.1 Alterations to Vacated 233.3.5.1 Alterations to
Buildings. Vacated Buildings
233.3.4.2 Alterations to Individual 233.3.5.2 Alterations to
Residential Dwelling Units. Individual Residential
Dwelling Units
233.3.5 Dispersion..................... 233.3.6 Dispersion
------------------------------------------------------------------------
ABA Scoping Requirements
------------------------------------------------------------------------
F233 Residential Facilities............ F233 Residential Facilities
F233.1 General......................... F233.1 General
F233.2 Residential Dwelling Units F233.2 Residential Dwelling
Provided by HUD or Through Grant or Units Provided by HUD or
Loan Programs Administered by HUD. Through Grant or Loan Programs
Administered by HUD
F233.3 Residential Dwelling Units F233.3 Residential Dwelling
Provided on Military Installations. Units Provided on Military
Installations
F233.3.1 Minimum Number: New F233.3.1 Residential Dwelling
Construction. Units with Mobility Features
F233.3.1.1 Residential Dwelling Units F233.3.1.1 Facilities Other
with Mobility Features. Than Those Containing
Emergency Transportable
Housing Units
F233.3.1.2 Facilities
Containing Emergency
Transportable Housing Units
[[Page 26132]]
F233.3.1.2 Residential Dwelling Units F233.3.2 Residential Dwelling
with Communication Features. Units with Communication
Features
F233.3.2.1 Facilities Other
Than Those Containing
Emergency Transportable
Housing Units
F233.3.2.2 Facilities
Containing Emergency
Transportable Housing Units
F233.3.2 Additions..................... F233.3.3 Additions
F233.3.3 Alterations................... F233.3.4 Alterations
F233.3.3.1 Alterations to Vacated F233.3.4.1 Alterations to
Buildings. Vacated Buildings
F233.3.3.2 Alterations to Individual F233.3.4.2 Alterations to
Residential Dwelling Units. Individual Residential
Dwelling Units
F233.3.4 Dispersion.................... F233.3.5 Dispersion
F233.4 Residential Dwelling Units F233.4 Residential Dwelling
Provided by Other Federal Agencies or Units Provided by Other
Through Grant or Loan Programs Federal Agencies or Through
Administered by Other Federal Agencies. Grant or Loan Programs
Administered by Other Federal
Agencies
F233.4.1 Minimum Number: New F233.4.1 Residential Dwelling
Construction. Units with Mobility Features
F233.4.1.1 Residential Dwelling Units F233.4.1.1 Facilities Other
with Mobility Features. Than Those Containing
Emergency Transportable
Housing Units
F233.4.1.2 Facilities
Containing Emergency
Transportable Housing Units
F233.4.1.2.1 Private Sites
Provided by Occupant of Unit
F233.4.1.2.2 Group Sites
F233.4.1.2.2.1 Unit Pads
F233.4.1.2.2.2 Units Installed
F233.4.1.2 Residential Dwelling Units F233.4.2 Residential Dwelling
with Communication Features. Units with Communication
Features
F233.4.2.1 Facilities Other
Than Those Containing
Emergency Transportable
Housing Units
F233.4.2.2 Facilities
Containing Emergency
Transportable Housing Units
F233.4.2 Residential Dwelling Units for F233.4.3 Residential Dwelling
Sale. Units for Sale
F233.4.3 Additions..................... F233.4.4 Additions
F233.4.4 Alterations................... F233.4.5 Alterations
F233.4.4.1 Alterations to Vacated F233.4.5.1 Alterations to
Buildings. Vacated Buildings
F233.4.4.2 Alterations to Individual F233.4.5.2 Alterations to
Residential Dwelling Units. Individual Residential
Dwelling Units
F233.4.5 Dispersion.................... F233.4.6 Dispersion
------------------------------------------------------------------------
233.3.1 Residential Dwelling Units With Mobility Features; F233.3.1
Residential Dwelling Units With Mobility Features; F233.4.1 Residential
Dwelling Units With Mobility Features
These sections contain the scoping requirements for residential
dwelling units with mobility features.\42\ The scoping requirements for
facilities that do not contain emergency transportable housing units
are in sections 233.3.1.1, F233.3.1.1, and F233.4.1.1, and they are not
changed.
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\42\ The scoping requirements in section 233.3.1 apply to
residential dwelling units provided by non-federal entities who are
not subject to regulations issued by HUD under section 504 of the
Rehabilitation Act. The scoping requirements in section F233.3.1
apply to residential dwelling units provided on military
installations. The scoping requirements in section F233.4.1 apply to
residential dwelling units provided by federal agencies (other than
HUD) or by non-federal entities through a grant or loan program
administered by a federal agency (other than HUD).
---------------------------------------------------------------------------
233.3.1.2 Facilities Containing Emergency Transportable Housing Units;
F233.4.1.2 Facilities Containing Emergency Transportable Housing Units
These sections contain the scoping requirements for emergency
transportable housing units with mobility features installed at
facilities other than military installations. Where emergency
transportable housing units are installed on private sites provided by
the occupant of the unit, the final rule requires entities to provide
units with mobility features on the private sites as determined by a
needs assessment conducted by the entity providing the units. Where
group sites are developed for emergency transportable housing units,
the final rule requires at least 10 percent of the unit pads to be
designed and constructed to accept the installation of units with
mobility features and to be on an accessible route, and at least 5
percent of the total number of units installed on the group sites to
provide mobility features.
F233.3.1.2 Facilities Containing Emergency Transportable Housing Units
This section contains the scoping requirement for emergency
transportable housing units with mobility features installed on
military installations. The final rule requires entities to provide
emergency transportable housing units with mobility features on
military installations as determined by a needs assessment conducted by
the entity providing the units.
233.3.2 Residential Dwelling Units With Communication Features;
F233.3.2 Residential Dwelling Units With Communication Features;
F233.4.2 Residential Dwelling Units With Communication Features
These sections contain the scoping requirements for residential
dwelling units with communication features.\43\ The scoping
requirements for facilities that do not contain emergency transportable
housing units are in sections 233.3.2.1, F233.3.2.1, and F233.4.2.1,
and they are not changed.
---------------------------------------------------------------------------
\43\ The scoping requirements in section 233.3.2 apply to
residential dwelling units provided by non-federal entities who are
not subject to regulations issued by HUD under section 504 of the
Rehabilitation Act. The scoping requirements in section F233.3.2
apply to residential dwelling units provided on military
installations. The scoping requirements in section F233.4.2 apply to
residential dwelling units provided by federal agencies (other than
HUD) or by non-federal entities through a grant or loan program
administered by a federal agency (other than HUD).
---------------------------------------------------------------------------
233.3.1.2 Facilities Containing Emergency Transportable Housing Units;
F233.3.1.2 Facilities Containing Emergency Transportable Housing Units;
F233.4.1.2 Facilities Containing Emergency Transportable Housing Units
These sections contain the scoping requirements for emergency
[[Page 26133]]
transportable housing units with communication features. The final rule
requires entities to provide emergency transportable housing units with
communication features as determined by a needs assessment conducted by
the entity providing the units.
233.3.6 Dispersion (Exception 2); F233.3.5 Dispersion (Exception 2);
F233.4.6 Dispersion (Exception 2)
The final rule adds Exception 2 to these sections. Exception 2 does
not require emergency transportable housing units required to provide
mobility features to be dispersed among the various types of units in
the facility or to provide choices of units comparable to those
available to others since disaster survivors are provided units based
on their assessed needs. Exception 2 does not exempt emergency
transportable housing units required to provide mobility features from
the requirement that the units be integrated with those available to
other residents so that disaster survivors with disabilities are not
segregated at group sites.
Appendix D to 36 CFR Part 1191--Technical
405.2 Slope (Exception 2); 405.6 Rise (Exception)
These sections contain the technical requirements for the running
slope and rise of ramp runs. The running slope of ramp runs must not be
steeper than 1:12 and any ramp rise must be 30 inches maximum. The
floor level of emergency transportable housing units is typically
elevated 36 inches above the ground. To comply with the technical
requirements, entry ramps installed at emergency transportable housing
units with mobility features must have at least two ramp runs and an
intermediate landing between the ramp runs. The entry ramps occupy 158
to 180 square feet depending on the landing configuration.\44\ The
final rule adds exceptions to the technical requirements that permit a
single ramp run with a slope not steeper than 1:10 and 36 inches
maximum rise where existing physical or site constraints would prohibit
the installation of an entry ramp complying with the slope and rise
requirements at emergency transportable housing units installed on
private sites provided by the occupant of the unit. The exceptions
reduce the area occupied by the entry ramps to 120 square feet. The
exceptions may enable disaster survivors with disabilities who need
emergency transportable housing units with mobility features to have
the units installed on their private home sites where existing physical
or site constraints may otherwise prohibit the installation of an entry
ramp complying with the technical requirements at the unit. Many
individuals with disabilities have difficulty using ramps with slopes
steeper than 1:12 and may find entry ramps with a 1:10 slope not
usable. Because individuals with disabilities have varying needs and
capabilities, the concurrence of individuals with disabilities who will
use the entry ramps should be obtained before using the exceptions.
---------------------------------------------------------------------------
\44\ Where the ramp runs and landings are in a straight
configuration, the landing is approximately 18 square feet. Where
the ramp runs change direction at the landings, the landing is
approximately 40 square feet.
---------------------------------------------------------------------------
409.1 General
The final rule edits the references in these sections to the
technical requirements for residential dwelling units with mobility
features to conform to the renumbered technical requirements in section
809.
604.5 Grab Bars (Exception 2)
Exception 2 to this section permits grab bars to not be installed
at water closets in residential dwelling units required to provide
mobility features provided that the walls are reinforced to support
future installation of grab bars. The final rule revises Exception 2 so
that it does not apply to emergency transportable housing units
required to provide mobility features since it could result in delays
in installing grab bars in the units.
606.2 Clear Floor Space (Exception 3)
This section requires clear floor space positioned for a forward
approach and knee and toe clearance to be provided at lavatories and
sinks. Exception 3 to the section permits readily removable cabinetry
to be installed under lavatories and sinks in residential dwelling
units required to provide mobility features provided that the finish
floor extends under the cabinetry and the walls behind and surrounding
the cabinetry are finished. The final rule revises Exception 3 so that
it does not apply to emergency transportable housing units required to
provide mobility features.
606.4 Faucets and Water Spray Units
The final rule revises this section to require a water spray unit
to be provided at the kitchen sink in emergency transportable housing
units required to provide mobility features so individuals with
mobility disabilities can wash dishes without having to reach across
the sink to control the water flow.
607.4 Grab Bars (Exception 2)
Exception 2 to this section permits grab bars to not be installed
at bathtubs in residential dwelling units required to provide mobility
features provided that the walls are reinforced to support future
installation of grab bars. The final rule revises Exception 2 so that
it does not apply to emergency transportable housing units required to
provide mobility features since it could result in delays in installing
grab bars in the units.
608.3 Grab Bars (Exception 2)
Exception 2 to this section permits grab bars to not be installed
in shower compartments in residential dwelling units required to
provide mobility features provided that the walls are reinforced to
support future installation of grab bars. The final rule revises
Exception 2 so that it does not apply to emergency transportable
housing units required to provide mobility features since it could
result in delays in installing grab bars in the units.
608.4 Seats (Exception)
This section requires a folding or non-folding seat to be provided
in transfer type shower compartments. An exception to the section
permits seats to not be installed in transfer type shower compartments
in residential dwelling units required to provide mobility features
provided that the walls are reinforced to support future installation
of seats. The final rule revises the exception so that it does not
apply to emergency transportable housing units required to provide
mobility features since it could result in delays in installing seats
in transfer type shower compartments in the units. The final rule also
requires a folding seat to be provided in roll-in type showers provided
in emergency transportable housing units required to provide mobility
features.
804.3 Kitchen Work Surface (Exception)
This section requires at least one work surface to be provided at
kitchen counters in residential dwelling units required to provide
mobility features. The work surface must have a clear floor space
positioned for a forward approach, and knee and toe clearance beneath
the kitchen counter. The final rule adds an exception to the section
for emergency transportable housing units in order to preserve storage
space beneath kitchen counters in the units. The exception does not
require work
[[Page 26134]]
surfaces to be provided at kitchen counters where a table is provided
within the kitchen; an electric outlet is provided within reach of the
table; and all the kitchen countertops are 34 inches high maximum. The
table must comply with the technical requirements for dining surfaces
and work surfaces.
809 Residential Dwelling Units
The final rule reorganizes and renumbers the technical requirements
for residential dwelling units in this section as shown below.\45\
---------------------------------------------------------------------------
\45\ See footnote 39.
------------------------------------------------------------------------
Old sections New sections
------------------------------------------------------------------------
809 Residential Dwelling Units......... 809 Residential Dwelling Units
809.1 General.......................... 809.1 General
809.2 Accessible Routes................ 809.2 Residential Dwelling
Units with Mobility Features
809.2.1 Location....................... 809.2.1 Accessible Routes
809.2.1.1 Location
809.2.1.2 Floor Surfaces
809.2.2 Turning Space.................. 809.2.2 Turning Space
809.3 Kitchen.......................... 809.2.3 Kitchen
809.4 Toilet Facilities and Bathing 809.2.4 Toilet Facilities and
Facilities. Bathing Facilities
809.2.5 Bedrooms in Emergency
Transportable Housing Units
809.2.5.1 Clear Floor Space
809.2.5.2 Furniture
809.2.5.3 Lighting Controls
809.2.6 Weather Alert Systems
809.5 Residential Dwelling Units with 809.3 Residential Dwelling
Communication Features. Units with Communication
Features
809.3.1 Alarms
809.5.1 Building Fire Alarm System..... 809.3.1.1 Building Fire Alarm
809.5.1.1 Alarm Appliances............. System
809.5.1.2 Activation...................
809.5.2 Residential Dwelling Unit Smoke 809.3.1.2 Residential Dwelling
Alarms. Unit Smoke Alarms
809.5.2.1 Activation................... 809.3.1.3 Activation
809.5.3 Interconnection................
809.5.4 Prohibited Use.................
809.5.5 Residential Dwelling Unit 809.3.2 Residential Dwelling
Primary Entrance. Unit Primary Entrance
809.5.5.1 Notification................. 809.3.2.1 Notification
809.5.5.2 Identification............... 809.3.2.2 Identification
809.5.6 Site, Building, or Floor 809.3.3 Site, Building, or
Entrance. Floor Entrance
809.3.4 Weather Alert Systems
------------------------------------------------------------------------
809.2 Residential Dwelling Units With Mobility Features
As discussed below, the final rule adds technical requirements to
this section for floor surfaces, bedrooms, and weather alert systems in
emergency transportable housing units with mobility features.
809.2.1.2 Floor Surfaces
This section specifies that carpet not be provided on floor
surfaces in emergency transportable housing units with mobility
features.
809.2.5 Bedrooms in Emergency Transportable Housing Units
This section requires a clear floor space for individuals who use
wheelchairs and other mobility aids to be provided on one side of a bed
in bedrooms in emergency transportable housing units. The clear floor
space must be positioned for a parallel approach to the side of the bed
and must be on an accessible route. Where bedrooms are less than 70
square feet, the section specifies that the furniture supplied with the
unit cannot overlap the accessible route, maneuvering clearances
required at doors, and turning space since it is not possible to
rearrange the furniture in such small spaces. The section also requires
a means to control at least one source of lighting from the bed, such
as bedside lamps, wall switches near the bed, or remote control devices
that can be operated from the bed, so individuals with mobility
disabilities can safely transfer in and out of bed.
809.2.6 Weather Alert Systems
Where weather alert systems are provided in emergency transportable
housing units, this section requires the operable parts on weather
alert systems in units with mobility features to comply with the
technical requirements for clear floor space and reach ranges.
809.3 Residential Dwelling Units With Communication Features
As discussed below, the final rule adds technical requirements to
this section for smoke alarms and weather alert systems in residential
dwelling units with communication features.
809.3.1.2 Residential Dwelling Unit Smoke Alarms
This section requires residential dwelling unit smoke alarms to
provide combination smoke alarms and visible notification appliances.
The final rule requires combination smoke alarms and visible
notification appliances to be supplied with a commercial light and
power source along with a secondary power source, or a non-commercial
alternating power source along with a secondary power source. This
requirement is consistent with the NFPA 72 National Fire Alarm Code,
which is referenced in the section.
809.3.4 Weather Alert Systems
Where weather alert systems are provided in emergency transportable
housing units, this section requires weather alert systems in units
with communication features to provide audible and visible output.
[[Page 26135]]
7. Regulatory Analyses
Executive Order 13563 (Improving Regulation and Regulatory Review) and
Executive Order 12866 (Regulatory Planning and Review)
The final rule is not a significant regulatory action. FEMA is the
only entity we have identified that has recently provided emergency
transportable housing units to disaster survivors and will be affected
by the final rule. We adhered to the principles of regulation in
Executive Orders 13563 and 12866. Among other things, Executive Order
13563 directs agencies to propose or adopt a regulation only upon a
reasoned determination that its benefits justify its costs; tailor the
regulation to impose the least burden on society, consistent with
obtaining the regulatory objectives; and, in choosing among alternative
regulatory approaches, select those approaches that maximize net
benefits. Executive Order 13563 recognizes that some benefits are
difficult to quantify and provides that, where appropriate and
permitted by law, agencies may consider and discuss qualitatively
values that are difficult or impossible to quantify, including equity,
human dignity, fairness, and distributive impacts. We discuss the costs
and benefits of the final rule below.
Costs
FEMA maintains a baseline target inventory of emergency
transportable housing units ready to deploy in response to major
disasters and emergencies based on historical usage, lead time to
produce additional units, and installation capacity. The baseline
target inventory is reassessed at the beginning of each hurricane
season and may be readjusted based on operational needs, lessons
learned, and on-going analysis. FEMA's current baseline target
inventory is 2,000 units and 298 of the units (approximately 15 percent
of the units) are targeted as UFAS compliant.\46\ The actual number of
emergency transportable housing units in the inventory varies as FEMA
deploys the units to disaster areas and contracts for the production of
additional units as needed.
---------------------------------------------------------------------------
\46\ See note 21.
---------------------------------------------------------------------------
UFAS is the accessibility standard adopted by HUD for residential
facilities covered by the ABA. The UFAS compliant units comply with the
technical requirements in the final rule for units with mobility
features, except for bedroom lighting controls and water spray units at
kitchen sinks. FEMA estimated, based on input from companies that
produce emergency transportable housing units, that bedroom lighting
controls will add $60 and water spray units at kitchen sinks will add
$75 to the cost of UFAS compliant units. All the emergency
transportable housing units provided by FEMA contain the communication
features required by the final rule, including combination smoke alarms
and visible notification appliances complying with NFPA 72 National
Fire Alarm Code and weather alert systems with audible and visible
output. FEMA will not incur additional costs to comply with the
technical requirements in the final rule for units with communication
features.
We assumed that FEMA will provide bedroom lighting controls and
water spray units at kitchen sinks in new UFAS compliant units
purchased after the final rule is issued, and will not wait until HUD
updates its accessibility standards for residential facilities covered
by the ABA to be consistent with the final rule. We estimated the
additional costs for FEMA to provide UFAS compliant units with bedroom
lighting controls and water spray units at kitchen sinks under three
scenarios. The scenarios do not represent actual costs that FEMA will
incur each year since the number of UFAS compliant units deployed by
FEMA varies from year to year. The scenarios are:
1. Average Number of UFAS Compliant Units Deployed per Year by
FEMA. FEMA deployed an average of 165 UFAS compliant units per year in
response to major disasters and emergencies declared by the President
during the period from calendar year 2008 to 2013.\47\ Under the first
scenario, we estimated the additional costs if FEMA deploys an average
165 UFAS compliant units per year and replaces the inventory with the
same number of UFAS compliant units.
---------------------------------------------------------------------------
\47\ See note 22.
---------------------------------------------------------------------------
2. Baseline Target Inventory of UFAS Compliant Units Maintained by
FEMA. Under the second scenario, we estimated the additional costs if
FEMA deploys the 298 UFAS compliant units in its baseline target
inventory and replaces them with the same number of UFAS compliant
units. These costs may be incurred over more than one year if all the
UFAS compliant units in the inventory are not deployed in a single
year.
3. UFAS Compliant Units Deployed in Event of Catastrophic Disasters
Equivalent to Hurricanes Katrina and Rita. FEMA provided approximately
145,000 emergency transportable housing units to the survivors of
Hurricanes Katrina and Rita.\48\ Under the third scenario, we estimated
the additional costs if FEMA deploys the same number of units in the
event of catastrophic disasters equivalent to Hurricanes Katrina and
Rita and 10, 15, or 20 percent of the units are UFAS compliant. These
costs may be incurred over more than one year depending on whether the
disasters occur in the early part or late part of the year and the time
needed to produce large numbers of units.
---------------------------------------------------------------------------
\48\ GAO, Disaster Housing: FEMA Needs More Detailed Guidance
and Performance Measures to Help Ensure Effective Assistance after
Major Disasters, August 28, 2009 at: https://www.gao.gov/products/GAO-09-796.
---------------------------------------------------------------------------
The additional costs for FEMA to provide UFAS compliant units with
bedroom lighting controls and water spray units at kitchen sinks under
the three scenarios are shown in Table 1. The additional costs under
the first scenario (average number of UFAS compliant units deployed per
year) are $22,275. The additional costs under the second scenario
(replace baseline target inventory of UFAS compliant units) are
$40,230. The additional costs under the third scenario (percentage of
UFAS compliant units deployed in the event of catastrophic disasters
equivalent to Hurricanes Katrina and Rita) range from $2 million to $4
million depending on whether 10, 15, or 20 percent of the units are
UFAS compliant.
Table 1--Additional Costs To Provide Bedroom Lighting Controls and Water Spray Units at Kitchen Sinks in UFAS
Compliant Units
----------------------------------------------------------------------------------------------------------------
Lighting Water spray
Scenario controls ($60) units ($75) Total costs
----------------------------------------------------------------------------------------------------------------
1. Average number of UFAS compliant units deployed per $9,900 $12,375 $22,275
year (165 units).........................................
2. Replace baseline target inventory of UFAS compliant 17,880 22,350 40,230
units (298 units)........................................
[[Page 26136]]
3. Percentage of UFAS compliant units deployed in
catastrophic disasters equivalent to Hurricanes Katrina
and Rita:
10% or 14,500 units................................... 870,000 1,087,500 1,957,500
15% or 21,750 units................................... 1,305,000 1,631,250 2,936,250
20% or 29,000 units................................... 1,740,000 2,175,000 3,915,000
----------------------------------------------------------------------------------------------------------------
The final rule does not allow use of the operable parts exception
for electrical outlets in kitchens in emergency transportable housing
units with mobility features since they typically have fewer electrical
outlets than kitchens in other types of residential dwelling units.
Where two or more electrical outlets are provided above a length of
countertop that is uninterrupted by a sink or appliance, the exception
does not require one of the outlets to comply with the technical
requirements for operable parts, including clear floor space, reach
ranges, and operation. Kitchen designs vary in emergency transportable
housing units. Depending on the kitchen designs, electrical outlets may
need to be installed in the face of the base cabinets to comply with
the technical requirements for operable parts. FEMA estimated, based on
input from companies that produce emergency transportable housing
units, that installing electrical outlets in the face of the base
cabinets will add from $150 to $500 to the cost of UFAS compliant
units. The higher estimate assumes custom cabinetry is needed.
We do not have information on the various kitchen designs used by
companies that produce emergency transportable housing units. We
estimated the additional costs for not allowing the operable parts
exception to be used for electrical outlets in kitchens in emergency
transportable housing units with mobility features based on assumptions
that 25, 50, and 100 percent of the units provide two or more
electrical outlets above a length of countertop that is uninterrupted
by a sink or appliance and need to install electrical outlets in the
face of the base cabinets to comply with the technical requirements for
operable parts. The additional costs for not allowing use of the
operable parts exception under the three scenarios described earlier
are shown in Table 2 as a range of low and high estimates. The low
estimates assume that installing electrical outlets in the face of the
base cabinets will add $150 to the cost of UFAS compliant units. The
high estimates assume that installing electrical outlets in the face of
the base cabinets will add $500 to the cost of UFAS compliant units.
The additional costs under the first scenario (average number of UFAS
compliant units deployed per year) range from $6,150 to $82,500. The
additional costs under the second scenario (replace baseline target
inventory of UFAS compliant units) range from $11,250 to $149,000. The
additional costs under the third scenario (percentage of UFAS compliant
units deployed in the event of catastrophic disasters equivalent to
Hurricanes Katrina and Rita) range from $543,750 to $14.5 million
depending on whether 10, 15, or 20 percent of the units are UFAS
compliant.
Table 2--Additional Costs for Not Allowing Use of Operable Parts Exception for Electrical Outlets in Units With
Mobility Features
----------------------------------------------------------------------------------------------------------------
Percent of UFAS compliant units that need to install electrical outlets in the
face of base cabinets to comply with the technical requirements for operable parts
Scenario -----------------------------------------------------------------------------------
25 percent 50 percent 100 percent
----------------------------------------------------------------------------------------------------------------
1. Average number of UFAS Low $6,150................ Low $12,450............... Low $24,750.
compliant units deployed High $20,500.............. High $41,500.............. High $82,500.
per year (165 units).
2. Replace baseline target Low $11,250............... Low $22,350............... Low $44,700.
inventory of UFAS compliant High $37,500.............. High $74,500.............. High $149,000.
units (298 units).
3. Percentage of UFAS
compliant units deployed in
catastrophic disasters
equivalent to Hurricanes
Katrina and Rita:
10% or 14,500 units..... Low $543,750.............. Low $1,087,500............ Low $2,175,000.
High $1,812,500........... High $3,625,000........... High $7,250,000.
15% or 21,750 units..... Low $815,700.............. Low $1,631,250............ Low $3,262,500.
High $2,719,000........... High $5,437,500........... High $10,875,000.
20% or 29,000 units..... Low $1,087,500............ Low $2,175,000............ Low $4,350,000.
High $3,625,000........... High $7,250,000........... High $14,500,000.
----------------------------------------------------------------------------------------------------------------
The total additional costs to provide bedroom lighting controls and
water spray units at kitchen sinks in UFAS compliant units and for not
allowing use of the operable parts exception for electrical outlets in
kitchens in emergency transportable housing units with mobility
features are shown in Table 3 as a range of low and high estimates. The
low estimates assume that 25 percent of the units provide two or more
electrical outlets above a length of countertop that is uninterrupted
by a sink or appliance and need electrical outlets installed in the
face of the base cabinets to comply with the technical requirements for
operable parts at the additional cost of $150 per unit. The high
estimates assume that 100 percent of the units provide two or more
electrical outlets above a length of countertop that is uninterrupted
by a sink or appliance and need electrical outlets installed in the
face of the base
[[Page 26137]]
cabinets to comply with the technical requirements for operable parts
at the additional cost of $500 per unit. The total additional costs
under the first scenario (average number of UFAS compliant units
deployed per year) range from $28,425 to $104,775. The total additional
costs under the second scenario (replace baseline target inventory of
UFAS compliant units) range from $51,480 to $189,230. The total
additional costs under the third scenario (percentage of UFAS compliant
units deployed in the event of catastrophic disasters equivalent to
Hurricanes Katrina and Rita) range from $2.5 million to $18.4 million
depending on whether 10, 15, or 20 percent of the units are UFAS
compliant.
Table 3--Total Additional Costs
------------------------------------------------------------------------
Scenario Low estimate High estimate
------------------------------------------------------------------------
1. Average number of UFAS compliant $28,425 $104,725
units deployed per year (165 units)
2. Replace baseline target inventory 51,480 189,230
of UFAS compliant units (298 units)
3. Percentage of UFAS compliant
units deployed in catastrophic
disasters equivalent to Hurricanes
Katrina and Rita:
10% or 14,500 units............. 2,501,250 9,207,500
15% or 21,750 units............. 3,751,950 13,811,250
20% or 29,000 units............. 5,002,500 18,415,000
------------------------------------------------------------------------
Benefits
The scoping and technical requirements for emergency transportable
housing units with mobility features will directly benefit disaster
survivors with mobility disabilities who need temporary housing. The
number of disaster survivors with mobility disabilities who need
temporary housing will vary from disaster to disaster. During the five
year period from 2008 to 2012, FEMA provided a total of 9,324 emergency
transportable housing units to disaster survivors and 991of the units
or 10.6 percent were UFAS compliant.\49\ The number of UFAS compliant
units provided in response to specific disasters ranged from zero to
345 units. In the event of catastrophic disasters equivalent to
Hurricanes Katrina and Rita, the number of UFAS compliant units would
be greater. FEMA provided approximately 145,000 emergency transportable
housing units to the survivors Hurricanes Katrina and Rita. If FEMA
were to provide the same number of emergency transportable housing
units in the event of catastrophic disasters equivalent to Hurricanes
Katrina and Rita and 10 to 20 percent of the units were UFAS compliant,
there would be 14,500 to 29,000 UFAS compliant units for disaster
survivors with mobility disabilities. The benefits of the final rule
are incremental for disaster survivors with mobility disabilities since
the UFAS compliant units comply with the technical requirements in the
final rule for units with mobility features, except for bedroom
lighting controls and water spray units at kitchen sinks. By requiring
a means to control at least one source of lighting in bedrooms from the
bed, individuals with mobility disabilities will be able to safely
transfer in and out of bed. By requiring water spray units at kitchen
sinks, individuals with mobility disabilities will be able to wash
dishes without having to reach across the sink to control the water
flow. The final rule also does not allow the use of the operable parts
exception for electrical outlets in kitchens in emergency transportable
housing units with mobility features since they typically have fewer
outlets than kitchens in other types of residential dwelling units.
These benefits are difficult to quantify, but include important
national values recognized in Executive Order 13563 such as equity,
human dignity, and fairness.
---------------------------------------------------------------------------
\49\ See note 22.
---------------------------------------------------------------------------
All the emergency transportable housing units provided by FEMA
contain the communication features required by the final rule,
including combination smoke alarms and visible notification appliances
complying with NFPA 72 National Fire Alarm Code and weather alert
systems with audible and visible output so the final rule has no
incremental benefits for disaster survivors who are deaf or have a
hearing loss. We do not have data on the number of emergency
transportable housing units provided by FEMA to disaster survivors who
are deaf or have a hearing loss.
Regulatory Flexibility Act
The Regulatory Flexibility Act requires federal agencies to analyze
the impacts of proposed and final rules on small entities, unless the
agency certifies that the rule will not have a significant impact on a
substantial number of small entities.\50\ For the proposed rule, we
certified that the rule will not have a significant impact on a
substantial number of small entities because we did not identify any
entities other than FEMA that provides emergency transportable housing
units to disaster survivors. We requested comment in the proposed rule
on whether any small entities provide emergency transportable housing
units to disaster survivors.\51\ We did not receive any comments
indicating that small entities provide emergency transportable housing
units to disaster survivors. Accordingly, we certify that the final
rule will not have a significant impact on a substantial number of
small entities.
---------------------------------------------------------------------------
\50\ 5 U.S.C. 605 (b).
\51\ 77 FR 36247 (June 18, 2012), Question 8.
---------------------------------------------------------------------------
Executive Order 13132 (Federalism)
The final rule adheres to the fundamental federalism principles and
policy making criteria in Executive Order 13132. The final rule is
issued pursuant to the Americans with Disabilities Act (ADA) and
Architectural Barriers Act (ABA).\52\ The ADA is civil rights
legislation that was enacted by Congress pursuant to its authority to
enforce the Fourteenth Amendment to the U.S. Constitution and to
regulate commerce. The ADA prohibits discrimination on the basis of
disability. The ADA requires facilities constructed or altered by state
and local governments, and public accommodations and commercial
facilities constructed or altered by private entities to be readily
accessible to and usable by individuals with disabilities. The ADA
recognizes the authority of state and local governments to enact and
enforce laws that provide for greater or equal protection for the
rights of individuals with disabilities.\53\ The ABA requires
facilities constructed or altered with federal funds and
[[Page 26138]]
facilities leased by federal agencies to be readily accessible to and
usable by individuals with disabilities.
---------------------------------------------------------------------------
\52\ 42 U.S.C. 4151 et seq. and 42 U.S.C. 12101 et seq.
\53\ 42 U.S.C. 12201 (b).
---------------------------------------------------------------------------
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act does not apply to proposed or
final rules that enforce constitutional rights of individuals or
enforce statutory rights that prohibit discrimination on the basis of
race, color, sex, national origin, age, handicap, or disability. Since
the final rule is issued pursuant to the ADA, which prohibits
discrimination on the basis of disability, an assessment of the rule's
effect on state, local, and tribal governments, and the private sector
is not required.
List of Subjects in 36 CFR Part 1191
Buildings and facilities, Civil rights, Incorporation by reference,
Individuals with disabilities, Transportation.
Michael K. Yudin,
Chair.
For the reasons stated in the preamble, we amend 36 CFR part 1191
as follows:
PART 1191--AMERICANS WITH DISABILITIES ACT (ADA) ACCESSIBILITY
GUIDELINES FOR BUILDINGS AND FACILITIES; ARCHITECTURAL BARRIERS ACT
(ABA) ACCESSIBILITY GUIDELINES
0
1. The authority citation for 36 CFR part 1191 continues to read as
follows:
Authority: 29 U.S.C. 792 (b)(3); 42 U.S.C. 12204.
0
2. Amend Appendix B to Part 1191 by:
0
a. In 105.2.5, revising the section;
0
b. In 106.5, adding a new definition of ``Emergency Transportable
Housing Unit'' in alphabetical order;
0
c. In 203.8, revising the section;
0
d. In 205.1, revising Exception 3 and adding new Exceptions 9, 10, and
11;
0
e. In 206.2.3, revising Exception 4;
0
f. In 206.4.6, revising the first sentence;
0
g. In 206.5.4, revising the section;
0
h. In 206.7, adding a new sentence at the end of the section;
0
i. In 206.7.6, revising the section;
0
j. In 208.2.3, revising the section;
0
k. In 208.2.3.1, revising the section;
0
l. In 208.3.2, revising the first sentence;
0
m. In 215.5, revising the section;
0
n. In 228.2, revising the last sentence;
0
o. In 233.2, revising the first, second and third sentences;
0
p. In 233.3.1, removing the Exception and revising the section;
0
q. In 233.3.1.1, revising the section;
0
r. In 233.3.1.2, revising the section;
0
s. Adding new sections 233.3.1.2.1, 233.3.1.2.2, 233.3.1.2.2.1, and
233.3.1.2.2.2;
0
t. Redesignating sections 233.3.2, 233.3.3, 233.3.4, 233.3.4.1,
233.3.4.2, and 233.3.5 as sections 233.3.3, 233.3.4, 233.3.5,
233.3.5.1, 233.3.5.2 and 233.3.6, respectively;
0
u. Adding new sections 233.3.2, 233.3.2.1, and 233.3.2.2;
0
v. Revising redesignated section 233.3.4;
0
w. Revising redesignated sections 233.3.5, 233.3.5.1, and 233.3.5.2;
and
0
x. Revising redesignated section 233.3.6, redesignating the unnumbered
Exception to redesignated section 233.3.6 as Exception 1, and adding a
new Exception 2 to redesignated section 233.3.6.
The additions and revisions read as follows:
Appendix B to Part 1191--Americans With Disabilities Act: Scoping
* * * * *
105.2.5 NFPA. Copies of the referenced standards may be obtained
from the National Fire Protection Association, 1 Batterymarch Park,
Quincy, Massachusetts 02169-7471, (https://www.nfpa.org).
NFPA 72 National Fire Alarm Code, 1999 Edition (see 702.1,
809.3.1.1, and 809.3.1.2).
NFPA 72 National Fire Alarm Code, 2002 Edition (see 702.1,
809.3.1.1, and 809.3.1.2).
* * * * *
106 Defined Terms.
* * * * *
Emergency Transportable Housing Unit. A single or multiple
section prefabricated structure that is transportable by a single
transport vehicle and that can be set-up and installed on a
temporary site in response to an emergency need for temporary
housing. Such structures include, but are not limited to, travel
trailers, park models, manufactured housing, and other factory-built
housing. For the purposes of this document, emergency transportable
housing units are considered a type of residential dwelling unit.
* * * * *
203.8 Residential Facilities. In facilities with residential
dwelling units, common use areas that do not serve residential
dwelling units required to provide mobility features complying with
809.2 or emergency transportable housing unit pads designed and
constructed to accept the installation of units with mobility
features complying with 809.2 shall not be required to comply with
these requirements or to be on an accessible route.
* * * * *
205.1 General. * * *
EXCEPTIONS: * * *
3. Except within emergency transportable housing units required
to provide mobility features complying with 809.2, where two or more
outlets are provided in a kitchen above a length of counter top that
is uninterrupted by a sink or appliance, one outlet shall not be
required to comply with 309.
* * * * *
9. Operable parts located within residential dwelling units not
required to provide mobility features complying with 809.2 and
transient lodging guest rooms not required to provide mobility
features complying with 806.2 shall not be required to comply with
309.
10. In emergency transportable housing units required to provide
mobility features complying with 809.2, operable parts located
beneath the unit body shall not be required to comply with 309.
11. Water shut-off valves shall not be required to comply with
309.
* * * * *
206.2.3 Multi-Story Buildings and Facilities. * * *
EXCEPTIONS: * * *
4. In facilities with residential dwelling units, an accessible
route shall not be required to connect stories where residential
dwelling units with mobility features required to comply with 809.2,
all common use areas serving residential dwelling units with
mobility features required to comply with 809.2, and public use
areas serving residential dwelling units are on an accessible route.
* * * * *
206.4.6. Residential Dwelling Unit Primary Entrance. In
residential dwelling units required to provide mobility features
complying with 809.2, at least one primary entrance shall comply
with 404. * * *
* * * * *
206.5.4 Residential Dwelling Units. In residential dwelling
units required to provide mobility features complying with 809.2,
all doors and doorways providing user passage shall comply with 404.
* * * * *
206.7 Platform Lifts. * * * In emergency transportable housing
units, platform lifts shall not be used at the primary entrance to a
unit required to provide mobility features complying with 809.2.
* * * * *
206.7.6 Guest Rooms and Residential Dwelling Units. Platform
lifts shall be permitted to connect levels within transient lodging
guest rooms required to provide mobility features complying with
806.2 or residential dwelling units required to provide mobility
features complying with 809.2.
* * * * *
208.2.3 Residential Facilities. Parking spaces provided to serve
facilities with residential dwelling units shall comply with
208.2.3.
* * * * *
208.2.3.1 Parking for Residents. Where at least one parking
space is provided for each residential dwelling unit, at least one
parking space complying with 502 shall be provided for each
residential dwelling unit required to provide mobility features
complying with 809.2.
* * * * *
208.3.2 Residential Facilities. In facilities containing
residential dwelling units required to provide mobility features
complying with 809.2, parking spaces provided in accordance with
208.2.3.1 shall be located on the shortest accessible route to
[[Page 26139]]
the residential dwelling unit entrance they serve. * * *
* * * * *
215.5 Residential Dwelling Units. Where provided in residential
dwelling units required to provide communication features complying
with 809.3, alarms shall comply with 702.
* * * * *
228.2 Mail Boxes. * * * In facilities with residential dwelling
units, where mail boxes are provided for each residential dwelling
unit, mail boxes complying with 309 shall be provided for each
residential dwelling unit required to provide mobility features
complying with 809.2.
* * * * *
233.2 Residential Dwelling Units Provided by Entities Subject to
HUD Section 504 Regulations. Where facilities with residential
dwelling units are provided by entities subject to regulations
issued by the Department of Housing and Urban Development (HUD)
under section 504 of the Rehabilitation Act of 1973, as amended,
such entities shall provide residential dwelling units with mobility
features complying with 809.2 in a number required by the applicable
HUD regulations. Residential dwelling units required to provide
mobility features complying with 809.2 shall be on an accessible
route as required by 206. In addition, such entities shall provide
residential dwelling units with communication features complying
with 809.3 in a number required by the applicable HUD regulations. *
* *
* * * * *
233.3.1 Residential Dwelling Units with Mobility Features.
Facilities, other than those containing emergency transportable
housing units, shall comply with 233.3.1.1. Facilities containing
emergency transportable housing units shall comply with 233.3.1.2.
233.3.1.1 Facilities Other Than Those Containing Emergency
Transportable Housing Units. At least 5 percent, but no fewer than
one, of the total number of residential dwelling units, other than
emergency transportable housing units, in the facility shall provide
mobility features complying with 809.2 and shall be on an accessible
route as required by 206.
EXCEPTION: Where facilities contain 15 or fewer residential
dwelling units, the requirements of 233.3.1.1 shall apply to the
total number of residential dwelling units that are constructed
under a single contract, or are developed as a whole, whether or not
located on a common site.
233.3.1.2 Facilities Containing Emergency Transportable Housing
Units. Emergency transportable housing units with mobility features
shall be provided in accordance with 233.3.1.2.
233.3.1.2.1 Private Sites Provided by Occupant of Unit. Where
emergency transportable housing units are installed on private sites
provided by the occupant of the unit, entities shall provide
emergency transportable housing units with mobility features
complying with 809.2 as determined by a needs assessment conducted
by the entity providing the emergency transportable housing units.
233.3.1.2.2 Group Sites. Where group sites are developed for the
installation of emergency transportable housing units, entities
shall comply with 233.3.1.2.2.
233.3.1.2.2.1 Unit Pads. At least 10 percent, but no fewer than
one, of the unit pads prepared for the installation of emergency
transportable housing units at each group site shall be designed and
constructed to accept the installation of emergency transportable
housing units with mobility features complying with 809.2 and shall
be on an accessible route as required by 206.
233.3.1.2.2.2 Units Installed. At least 5 percent, but no fewer
than one, of the total number of the emergency transportable housing
units installed at each group site shall provide mobility features
complying with 809.2.
233.3.2 Residential Dwelling Units with Communication Features.
Facilities, other than those containing emergency transportable
housing units, shall comply with 233.3.2.1. Facilities containing
emergency transportable housing units shall comply with 233.3.2.2.
233.3.2.1 Facilities Other Than Those Containing Emergency
Transportable Housing Units. At least 2 percent, but no fewer than
one, of the total number of residential dwelling units, other than
emergency transportable housing units, in the facility shall provide
communication features complying with 809.3.
EXCEPTION: Where facilities contain 15 or fewer residential
dwelling units, the requirements of 233.3.2.1 shall apply to the
total number of residential dwelling units that are constructed
under a single contract, or are developed as a whole, whether or not
located on a common site.
233.3.2.2 Facilities Containing Emergency Transportable Housing
Units. Entities shall provide emergency transportable housing units
with residential dwelling unit smoke alarms complying with 809.3.1
and, where weather alert systems are provided, with weather alert
systems complying with 809.3.4 as determined by a needs assessment
conducted by the entity providing the emergency transportable
housing units.
* * * * *
233.3.4 Additions. Where an addition to an existing building
results in an increase in the number of residential dwelling units,
the requirements of 233.3.1.1 and 233.3.2.1 shall apply only to the
residential dwelling units that are added until the total number of
residential dwelling units complies with the minimum number required
by 233.3.1.1 and 233.3.2.1. Residential dwelling units required to
comply with 233.3.1.1 shall be on an accessible route as required by
206.
223.3.5 Alterations. Alterations shall comply with 233.3.5.
EXCEPTION: Where compliance with 809.2.1, 809.2.3, or 809.2.4 is
technically infeasible, or where it is technically infeasible to
provide an accessible route to a residential dwelling unit, the
entity shall be permitted to alter or construct a comparable
residential dwelling unit to comply with 809.2 provided that the
minimum number of residential dwelling units required by 233.3.1.1
and 233.3.2.1, as applicable, is satisfied.
233.3.5.1 Alterations to Vacated Buildings. Where a building is
vacated for the purposes of alteration, and the altered building
contains more than 15 residential dwelling units, at least 5 percent
of the residential dwelling units shall comply with 809.2 and shall
be on an accessible route as required by 206. In addition, at least
2 percent of the residential dwelling units shall comply with 809.3.
233.3.5.2 Alterations to Individual Residential Dwelling Units.
In individual residential dwelling units, where a bathroom or a
kitchen is substantially altered, and at least one other room is
altered, the requirements of 233.3.1 shall apply to the altered
residential dwelling units until the total number of residential
dwelling units complies with the minimum number required by
233.3.1.1 and 233.3.2.1. Residential dwelling units required to
comply with 233.3.1.1 shall be on an accessible route as required by
206.
EXCEPTION: Where facilities contain 15 or fewer residential
dwelling units, the requirements of 233.3.1.1 and 233.3.2.1 shall
apply to the total number of residential dwelling units that are
altered under a single contract, or are developed as a whole,
whether or not located on a common site.
233.3.6 Dispersion. Residential dwelling units required to
provide mobility features complying with 809.2 and residential
dwelling units required to provide communication features complying
with 809.3 shall be dispersed among the various types of residential
dwelling units in the facility and shall provide choices of
residential dwelling units comparable to, and integrated with, those
available to other residents.
EXCEPTIONS: 1. * * *
2. Emergency transportable housing units required to provide
mobility features complying with 809.2 shall not be required to be
dispersed among the various types of residential dwelling units in a
facility or to provide choices of residential dwelling units
comparable to those available to other residents.
0
3. Amend Appendix C to Part 1191 by:
0
a. In F105.2.5, revising the section;
0
b. In F106.5, adding a new definition of ``Emergency Transportable
Housing Unit'' in alphabetical order;
0
c. In F202.6.5.8, revising the section;
0
d. Adding new F202.6.5.9 and F202.6.5.10;
0
e. In F203.9, revising the section;
0
f. In F205.1, revising Exception 3 and adding new Exceptions 9, 10, and
11;
0
g. In F206.2.3, revising Exception 3;
0
h. In F206.4.6, revising the first sentence;
0
i. In F206.5.4, revising the section;
0
j. In F206.7, adding a new sentence at the end of the section;
0
k. In F206.7.6, revising the section;
0
l. In F208.2.3, revising the section;
0
m. In F208.2.3.1, revising the section;
0
n. In F208.3.2, revising the first sentence;
[[Page 26140]]
0
o. In F215.5, revising the section;
0
p. In F228.2, revising the last sentence;
0
q. In F233.3.1, revising the section;
0
r. In F233.3.1.1, revising the section;
0
s. In F233.3.1.2, revising the section;
0
t. Redesignating sections F233.3.2 F233.3.3.1, F233.3.3.2, F233.3.4,
F233.4.2, F233.4.3, F233.4.4, F233.4.4.1, F233.4.4.2, and F233.4.5 as
F233.3.3, F233.3.4, F233.3.4.1, F233.3.4.2, F233.3.5, F233.4.3,
F233.4.4, F233.4.5, F233.4.5.1, F233.4.5.2, and F233.4.6, respectively;
0
u. Adding new sections F233.3.2, F233.3.2.1, and F233.3.2.2;
0
v. Revising redesignated F233.3.3;
0
w. Revising redesignated sections F233.3.4, F233.3.4.1, and F233.3.4.2;
0
x. Revising redesignated section F233.3.5, further redesignating the
unnumbered Exception to redesignated section F233.3.5 as Exception 1,
and add a new Exception 2 to redesignated section F233.3.5;
0
y. In F233.4.1, removing the Exception and revising the section;
0
z. In F233.4.1.1, revising the section;
0
aa. In F233.4.1.2, revising the section;
0
bb. Adding new sections F233.4.1.2.1, F233.4.1.2.2, F233.4.1.2.2.1, and
F233.4.1.2.2.2;
0
cc. Adding new sections F233.4.2, F233.4.2.1, and F233.4.2.2;
0
dd. Revising redesignated section F233.4.4;
0
ee. Revising redesignated sections F233.4.5, F233.4.5.1, and F33.4.5.2;
and
0
ff. Revising redesignated section F233.4.6, further redesignating the
unnumbered Exception to redesignated section F233.4.6 as Exception 1,
and adding new Exception 2 to redesignated section F233.4.6.
The additions and revisions read as follows:
Appendix C to Part 1191--Architectural Barriers Act: Scoping
* * * * *
F105.2.5 NFPA. Copies of the referenced standards may be
obtained from the National Fire Protection Association, 1
Batterymarch Park, Quincy, Massachusetts 02169-7471, (https://www.nfpa.org). NFPA 72 National Fire Alarm Code, 1999 Edition (see
702.1, 809.3.1.1, and 809.3.1.2). NFPA 72 National Fire Alarm Code,
2002 Edition (see 702.1, 809.3.1.1, and 809.3.1.2).
* * * * *
F106.5 Defined Terms.
* * * * *
Emergency Transportable Housing Unit. A single or multiple
section prefabricated structure that is transportable by a single
transport vehicle and that can be set-up and installed on a
temporary site in response to an emergency need for temporary
housing. Such structures include, but are not limited to, travel
trailers, park models, manufactured housing, and other factory-built
housing. For the purposes of this document, emergency transportable
housing units are considered a type of residential dwelling unit.
* * * * *
F202.6.5.8 Residential Dwelling Units. Residential dwelling
units, other than emergency transportable housing units, shall
comply with F233.
F202.6.5.9 Emergency Transportable Housing Units with Mobility
Features. Where emergency transportable housing units are installed
on existing commercial sites, entities shall provide emergency
transportable housing units with mobility features complying with
809.2 as determined by a needs assessment conducted by the entity
providing the emergency transportable housing units.
F202.6.5.10 Emergency Transportable Housing Units with
Communication Features. Where emergency transportable housing units
are installed on existing commercial sites, entities shall provide
emergency transportable housing units with residential dwelling unit
smoke alarms complying with 809.3.1 and, where weather alert systems
are provided, with weather alert systems complying with 809.3.4 as
determined by a needs assessment conducted by the entity providing
the emergency transportable housing units.
* * * * *
F203.9 Residential Facilities. In facilities with residential
dwelling units, common use areas that do not serve residential
dwelling units required to provide mobility features complying with
809.2 or emergency transportable housing unit pads designed and
constructed to accept the installation of units with mobility
features complying with 809.2 shall not be required to comply with
these requirements or to be on an accessible route.
* * * * *
F205.1 General. * * *
EXCEPTIONS: * * *
3. Except within emergency transportable housing units required
to provide mobility features complying with 809.2, where two or more
outlets are provided in a kitchen above a length of counter top that
is uninterrupted by a sink or appliance, one outlet shall not be
required to comply with 309.
* * * * *
9. Operable parts located within residential dwelling units not
required to provide mobility features complying with 809.2 and
transient lodging guest rooms not required to provide mobility
features complying with 806.2 shall not be required to comply with
309.
10. In emergency transportable housing units required to provide
mobility features complying with 809.2, operable parts located
beneath the unit body shall not be required to comply with 309.
11. Water shut-off valves shall not be required to comply with
309.
* * * * *
F206.2.3 Multi-Story Buildings and Facilities. * * *
EXCEPTIONS: * * *
3. In facilities with residential dwelling units, an accessible
route shall not be required to connect stories where residential
dwelling units with mobility features required to comply with 809.2,
all common use areas serving residential dwelling units with
mobility features required to comply with 809.2, and public use
areas serving residential dwelling units are on an accessible route.
* * * * *
F206.4.6. Residential Dwelling Unit Primary Entrance. In
residential dwelling units required to provide mobility features
complying with 809.2, at least one primary entrance shall comply
with 404. * * *
* * * * *
F206.5.4 Residential Dwelling Units. In residential dwelling
units required to provide mobility features complying with 809.2,
all doors and doorways providing user passage shall comply with 404.
* * * * *
F206.7 Platform Lifts. * * * In emergency transportable housing
units, platform lifts shall not be used at the primary entrance to a
unit required to provide mobility features complying with 809.2.
* * * * *
F206.7.6 Guest Rooms and Residential Dwelling Units. Platform
lifts shall be permitted to connect levels within transient lodging
guest rooms required to provide mobility features complying with
806.2 or residential dwelling units required to provide mobility
features complying with 809.2.
* * * * *
F208.2.3 Residential Facilities. Parking spaces provided to
serve facilities with residential dwelling units shall comply with
F208.2.3.
* * * * *
F208.2.3.1 Parking for Residents. Where at least one parking
space is provided for each residential dwelling unit, at least one
parking space complying with 502 shall be provided for each
residential dwelling unit required to provide mobility features
complying with 809.2.
* * * * *
F208.3.2 Residential Facilities. In facilities containing
residential dwelling units required to provide mobility features
complying with 809.2, parking spaces provided in accordance with
F208.2.3.1 shall be located on the shortest accessible route to the
residential dwelling unit entrance they serve. * * *
* * * * *
F215.5 Residential Dwelling Units. Where provided in residential
dwelling units required to provide communication features complying
with 809.3, alarms shall comply with 702.
* * * * *
F228.2 Mail Boxes. * * * In facilities with residential dwelling
units, where mail boxes are provided for each residential dwelling
unit, mail boxes complying with 309 shall be provided for each
residential dwelling unit required to provide mobility features
complying with 809.2.
* * * * *
F233.2 Residential Dwelling Units Provided by HUD or Through
Grant or Loan Programs Administered by HUD. Where
[[Page 26141]]
facilities with residential dwelling units are provided by the
Department of Housing and Urban Development (HUD), or through a
grant or loan program administered by HUD, residential dwelling
units with mobility features complying with 809.2 shall be provided
in a number required by the regulations issued by HUD under Section
504 of the Rehabilitation Act of 1973, as amended. Residential
dwelling units required to provide mobility features complying with
809.2 shall be on an accessible route as required by F206. In
addition, residential dwelling units with communication features
complying with 809.3 shall be provided in a number required by the
applicable HUD regulations. * * *
* * * * *
F233.3.1 Residential Dwelling Units with Mobility Features.
Facilities on military installations containing residential dwelling
units, other than emergency transportable housing units, shall
comply with F233.3.1.1. Facilities on military installations
containing emergency transportable housing units shall comply with
F233.3.1.2.
F233.3.1.1 Facilities Other Than Those Containing Emergency
Transportable Housing Units. At least 5 percent, but no fewer than
one, of the total number of residential dwelling units, other than
emergency transportable housing units, in the facility shall provide
mobility features complying with 809.2 and shall be on an accessible
route as required by F206.
F233.3.1.2 Facilities Containing Emergency Transportable Housing
Units. Entities shall provide emergency transportable housing units
with mobility features complying with 809.2 as determined by a needs
assessment conducted by the entity providing the emergency
transportable housing units.
F233.3.2 Residential Dwelling Units with Communication Features.
Facilities on military installations, other than those containing
emergency transportable housing units, shall comply with F233.3.2.1.
Facilities on military installations containing emergency
transportable housing units shall comply with F233.3.2.2.
F233.3.2.1 Facilities Other Than Those Containing Emergency
Transportable Housing Units. At least 2 percent, but no fewer than
one, of the total number of residential dwelling units, other than
emergency transportable housing units, in the facility shall provide
communication features complying with 809.3.
F233.3.2.2 Facilities Containing Emergency Transportable Housing
Units. Entities shall provide emergency transportable housing units
with residential dwelling unit smoke alarms complying with 809.3.1
and, where weather alert systems are provided, with weather alert
systems complying with 809.3.4 as determined by a needs assessment
conducted by the entity providing the emergency transportable
housing units.
F233.3.3 Additions. Where an addition to an existing building
results in an increase in the number of residential dwelling units,
the requirements of F233.3.1.1 and F233.3.2.1 shall apply only to
the residential dwelling units that are added until the total number
of residential dwelling units complies with the minimum number
required by F233.3.1.1 and F233.3.2.1. Residential dwelling units
required to comply with F233.3.1.1 shall be on an accessible route
as required by F206.
F223.3.4 Alterations. Alterations shall comply with F233.3.4.
EXCEPTION: Where compliance with 809.2.1, 809.2.3, or 809.2.4 is
technically infeasible, or where it is technically infeasible to
provide an accessible route to a residential dwelling unit, the
entity shall be permitted to alter or construct a comparable
residential dwelling unit to comply with 809.2 provided that the
minimum number of residential dwelling units required by F233.3.1.1
and F233.3.2.1, as applicable, is satisfied.
F233.3.4.1 Alterations to Vacated Buildings. Where a building is
vacated for the purposes of alteration, at least 5 percent of the
residential dwelling units shall comply with 809.2 and shall be on
an accessible route as required by 206. In addition, at least 2
percent of the residential dwelling units shall comply with 809.3.
F233.3.4.2 Alterations to Individual Residential Dwelling Units.
In individual residential dwelling units, where a bathroom or a
kitchen is substantially altered, and at least one other room is
altered, the requirements of F233.3.1 shall apply to the altered
residential dwelling units until the total number of residential
dwelling units complies with the minimum number required by
F233.3.1.1 and F233.3.2.1. Residential dwelling units required to
comply with F233.3.1.1 shall be on an accessible route as required
by 206.
F233.3.5 Dispersion. Residential dwelling units required to
provide mobility features complying with 809.2 and residential
dwelling units required to provide communication features complying
with 809.3 shall be dispersed among the various types of residential
dwelling units in the facility and shall provide choices of
residential dwelling units comparable to, and integrated with, those
available to other residents.
EXCEPTIONS: 1. * * *
2. Emergency transportable housing units required to provide
mobility features complying with 809.2 shall not be required to be
dispersed among the various types of residential dwelling units in a
facility or to provide choices of residential dwelling units
comparable to those available to other residents.
* * * * *
F233.4.1 Residential Dwelling Units with Mobility Features.
Facilities, other than those containing emergency transportable
housing units, shall comply with F233.4.1.1. Facilities containing
emergency transportable housing units shall comply with F233.4.1.2.
F233.4.1.1 Facilities Other Than Those Containing Emergency
Transportable Housing Units. At least 5 percent, but no fewer than
one, of the total number of residential dwelling units, other than
emergency transportable housing units, in the facility shall provide
mobility features complying with 809.2 and shall be on an accessible
route as required by F206.
EXCEPTION: Where facilities contain 15 or fewer residential
dwelling units, the requirements of F233.4.1.1 shall apply to the
total number of residential dwelling units that are constructed
under a single contract, or are developed as a whole, whether or not
located on a common site.
F233.4.1.2 Facilities Containing Emergency Transportable Housing
Units. Emergency transportable housing units with mobility features
shall be provided in accordance with F233.4.1.2.
F233.4.1.2.1 Private Sites Provided by Occupant of Unit. Where
emergency transportable housing units are installed on private sites
provided by the occupant of the unit, entities shall provide
emergency transportable housing units with mobility features
complying with 809.2 as determined by a needs assessment conducted
by the entity providing the emergency transportable housing units.
F233.4.1.2.2 Group Sites. Where group sites are developed for
the installation of emergency transportable housing units, entities
shall comply with 233.3.1.2.2.
F233.4.1.2.2.1 Unit Pads. At least 10 percent, but no fewer than
one, of the unit pads prepared for the installation of emergency
transportable housing units at each group site shall be designed and
constructed to accept the installation of emergency transportable
housing units with mobility features complying with 809.2 and shall
be on an accessible route as required by F206.
F233.4.1.2.2.2 Units Installed. At least 5 percent, but no fewer
than one, of the total number of the emergency transportable housing
units installed at each group site shall provide mobility features
complying with 809.2.
F233.4.2 Residential Dwelling Units with Communication Features.
Facilities, other than those containing emergency transportable
housing units, shall comply with F233.4.2.1. Facilities containing
emergency transportable housing units shall comply with F233.4.2.2.
F233.4.2.1 Facilities Other Than Those Containing Emergency
Transportable Housing Units. At least 2 percent, but no fewer than
one, of the total number of residential dwelling units, other than
emergency transportable housing units, in the facility shall provide
communication features complying with 809.3.
EXCEPTION: Where facilities contain 15 or fewer residential
dwelling units, the requirements of F233.4.2.1 shall apply to the
total number of residential dwelling units that are constructed
under a single contract, or are developed as a whole, whether or not
located on a common site.
F233.4.2.2 Facilities Containing Emergency Transportable Housing
Units. Entities shall provide emergency transportable housing units
with residential dwelling unit smoke alarms complying with 809.3.1
and, where weather alert systems are provided, with weather alert
systems complying with 809.3.4 as determined by a needs assessment
conducted by the entity providing the emergency transportable
housing units.
* * * * *
F233.4.4 Additions. Where an addition to an existing building
results in an increase in
[[Page 26142]]
the number of residential dwelling units, the requirements of
F233.4.1.1 and F233.4.2.1 shall apply only to the residential
dwelling units that are added until the total number of residential
dwelling units complies with the minimum number required by
F233.4.1.1 and F233.4.2.1. Residential dwelling units required to
comply with F233.4.1.1 shall be on an accessible route as required
by F206.
F233.4.5 Alterations. Alterations shall comply with F233.4.5.
EXCEPTION: Where compliance with 809.2.1, 809.2.2, or 809.2.3 is
technically infeasible, or where it is technically infeasible to
provide an accessible route to a residential dwelling unit, the
entity shall be permitted to alter or construct a comparable
residential dwelling unit to comply with 809.2 provided that the
minimum number of residential dwelling units required by F233.4.1.1
and F233.4.2.1, as applicable, is satisfied.
F233.4.5.1 Alterations to Vacated Buildings. Where a building is
vacated for the purposes of alteration, and the altered building
contains more than 15 residential dwelling units, at least 5 percent
of the residential dwelling units shall comply with 809.2 and shall
be on an accessible route as required by F206. In addition, at least
2 percent of the residential dwelling units shall comply with 809.3.
F233.4.5.2 Alterations to Individual Residential Dwelling Units.
In individual residential dwelling units, where a bathroom or a
kitchen is substantially altered, and at least one other room is
altered, the requirements of F233.4.1 shall apply to the altered
residential dwelling units until the total number of residential
dwelling units complies with the minimum number required by
F233.4.1.1 and F233.4.2.1. Residential dwelling units required to
comply with F233.4.1.1 shall be on an accessible route as required
by F206.
EXCEPTION: Where facilities contain 15 or fewer residential
dwelling units, the requirements of F233.4.1.1 and F233.4.2.1 shall
apply to the total number of residential dwelling units that are
altered under a single contract, or are developed as a whole,
whether or not located on a common site.
F233.4.6 Dispersion. Residential dwelling units required to
provide mobility features complying with 809.2 and residential
dwelling units required to provide communication features complying
with 809.3 shall be dispersed among the various types of residential
dwelling units in the facility and shall provide choices of
residential dwelling units comparable to, and integrated with, those
available to other residents.
EXCEPTIONS: 1. * * *
2. Emergency transportable housing units required to provide
mobility features complying with 809.2 shall not be required to be
dispersed among the various types of residential dwelling units in a
facility or to provide choices of residential dwelling units
comparable to those available to other residents.
0
4. Amend Appendix D to Part 1191 by:
0
a. In 405.2, redesignating the unnumbered Exception as Exception 1 and
adding new Exception 2;
0
b. In 405.6, adding a new Exception;
0
c. In 409.1, revising the first sentence;
0
d. In 604.5, revising Exception 2;
0
e. In 606.2, revising Exception 3;
0
f. In 606.4, adding a sentence at the end of the section;
0
g. In 607.4, revising Exception 2;
0
h. In 608.3, revising Exception 2;
0
i. In 608.4, revising the second sentence and Exception;
0
j. In 804.3, revising the section;
0
k. In 809.1, revising the second and third sentences;
0
l. Redesignating sections 809.2 and 809.2.1 as 809.2.1 and 809.2.1.1,
respectively; adding new section 809.2; revising redesignated section
809.2.1 and the first sentence of redesignated section 809.2.1.1; and
adding new section 809.2.1.2;
0
m. Redesignating sections 809.3 and 809.4 as 809.2.3 and 809.2.4,
respectively, and adding new sections 809.2.5, 809.2.5.1, 809.2.5.2,
809.2.5.3, and 809.2.6;
0
n. Redesignating section 809.5 as 809.3; revising redesignated section
809.3; and adding new sections 809.3.1, 809.3.1.1, 809.3.1.2, and
809.3.1.3;
0
o. Removing sections 809.5.1, 809.5.1.1, 809.5.1.2, 809.5.2, 809.5.2.1,
809.5.3, and 809.5.4;
0
p. Redesignating sections 809.5.5, 809.5.5.1, 809.5.5.2, and 809.5.6 as
809.3.2, 809.3.2.1, 809.3.2.2, and 809.3.3, respectively, and revising
redesignated section 809.3.2; and
0
q. Adding new section 809.3.4.
The additions and revisions read as follows:
APPENDIX D TO PART 1191--TECHNICAL
* * * * *
405.2 Slope. * * *
EXCEPTIONS: 1. * * *
2. For emergency transportable housing units installed on
private sites provided by the occupant of the unit, where existing
physical or site constraints prohibit the installation of an entry
ramp complying with 405.2, ramps shall be permitted to provide a
single ramp run with a slope no steeper than 1:10 provided that the
maximum rise of all ramp runs serving the unit entrance is not
greater than 36 inches (915 mm).
* * * * *
405.6 Rise. * * *
EXCEPTION: For emergency transportable housing units installed
on private sites provided by the occupant of the unit, where
existing physical or site constraints prohibit the installation of
an entry ramp complying with 405.6, ramps shall be permitted to
provide a single ramp run with a rise 36 inches (915 mm) maximum.
* * * * *
409.1 General. Private residence elevators that are provided
within a residential dwelling unit required to provide mobility
features complying with 809.2 shall comply with 409 and with ASME
A17.1 (incorporated by reference, see ``Referenced Standards'' in
Chapter 1). * * *
* * * * *
604.5 Grab Bars. * * *
EXCEPTIONS: * * *
2. In residential dwelling units, other than emergency
transportable housing units required to provide mobility features
complying with 809.2, grab bars shall not be required to be
installed in toilet or bathrooms provided that reinforcement has
been installed in walls and located so as to permit the installation
of grab bars complying with 604.5.
* * * * *
606.2 Clear Floor Space. * * *
EXCEPTIONS: * * *
3. In residential dwelling units, other than emergency
transportable housing units required to provide mobility features
complying with 809.2, cabinetry shall be permitted under lavatories
and kitchen sinks provided that all of the following conditions are
met:
(a) The cabinetry can be removed without removal or replacement
of the fixture;
(b) The finish floor extends under the cabinetry; and
(c) The walls behind and surrounding the cabinetry are finished.
* * * * *
606.4 Faucets and Water Spray Units. * * * A water spray unit
shall be provided at the kitchen sink in emergency transportable
housing units required to provide mobility features complying with
809.2.
* * * * *
607.4 Grab Bars. * * *
EXCEPTIONS: * * *
2. In residential dwelling units, other than emergency
transportable housing units required to provide mobility features
complying with 809.2, grab bars shall not be required to be
installed in bathtubs located in bathing facilities provided that
reinforcement has been installed in walls and located so as to
permit the installation of grab bars complying with 607.4.
* * * * *
608.3 Grab Bars. * * *
EXCEPTIONS: * * *
2. In residential dwelling units, other than emergency
transportable housing units required to provide mobility features
complying with 809.2, grab bars shall not be required to be
installed in showers located in bathing facilities provided that
reinforcement has been installed in walls and located so as to
permit the installation of grab bars complying with 608.3.
* * * * *
608.4 Seats. * * * A folding seat shall be provided in roll-in
type showers required in transient lodging guest rooms with mobility
features complying with 806.2 and in roll-in type showers provided
in emergency transportable housing units required to provide
mobility features complying with 809.2. * * *
[[Page 26143]]
EXCEPTION: In residential dwelling units, other than emergency
transportable housing units, seats shall not be required in transfer
type shower compartments provided that reinforcement has been
installed in walls so as to permit the installation of seats
complying with 608.4.
* * * * *
804.3 Kitchen Work Surface. In residential dwelling units
required to provide mobility features complying with 809.2, at least
one 30 inch (760 mm) wide minimum section of counter shall provide a
kitchen work surface that complies with 804.3.
EXCEPTION: In emergency transportable housing units, a work
surface complying with 804.3 shall not be required provided that the
following criteria are met:
(a) A kitchen table complying with 902 is provided within the
kitchen;
(b) An electrical outlet is provided at a location within reach
of the table; and
(c) All kitchen countertops are 34 inches high maximum.
* * * * *
809.1 General. * * * Residential dwelling units required to
provide mobility features shall comply with 809.2. Residential
dwelling units required to provide communication features shall
comply with 809.3.
* * * * *
809.2 Residential Dwelling Units with Mobility Features.
Residential dwelling units required to provide mobility features
shall comply with 809.2
809.2.1 Accessible Routes. Accessible routes complying with
Chapter 4 shall be provided within residential dwelling units in
accordance with 809.2.1.
Exception: * * *
809.2.1.1 Location. At least one accessible route shall connect
all spaces and elements that are a part of the residential dwelling
unit. * * *
809.2.1.2 Floor Surfaces. Within emergency transportable housing
units, carpet shall not be provided on floor surfaces.
* * * * *
809.2.5 Bedrooms in Emergency Transportable Housing Units.
Bedrooms in emergency transportable housing units shall comply with
809.2.5.
809.2.5.1 Clear Floor Space. A clear floor space complying with
305 shall be provided on one side of a bed. The clear floor space
shall be positioned for parallel approach to the side of the bed and
shall be on an accessible route.
809.2.5.2 Furniture. Where bedrooms are less than 70 square
feet, furniture supplied with the unit shall not overlap the
accessible route, maneuvering clearances required at doors, and
turning space.
809.2.5.3 Lighting Controls. A means to control at least one
source of bedroom lighting from the bed shall be provided.
809.2.6 Weather Alert Systems. Where provided in emergency
transportable housing units, weather alert systems shall comply with
309.1 through 309.3.
809.3 Residential Dwelling Units with Communication Features.
Residential dwelling units required to provide communication
features shall comply with 809.3.
809.3.1 Alarms. Alarms shall comply and 809.3.1. The same
visible notification appliances shall be permitted to provide
notification of building fire alarm and residential dwelling unit
smoke alarm activation. Visible notification appliances used to
indicate building fire alarm or residential dwelling unit smoke
alarm activation shall not be used for any other purpose within the
residential dwelling unit.
809.3.1.1 Building Fire Alarm System. Where a building fire
alarm system is provided, the system wiring shall be extended to a
point within the residential dwelling unit in the vicinity of the
residential dwelling unit smoke alarm system. Notification
appliances provided within a residential dwelling unit as part of
the building fire alarm system shall comply with NFPA 72 (1999 or
2002 edition) (incorporated by reference, see ``Referenced
Standards'' in Chapter 1).
809.3.1.2 Residential Dwelling Unit Smoke Alarms. Residential
dwelling unit smoke alarms shall provide combination smoke alarms
and visible notification appliances complying with NFPA 72 (1999 or
2002 edition) (incorporated by reference, see ``Referenced
Standards'' in Chapter 1). Combination smoke alarms and visible
notification appliances shall be supplied with power from one or
more power sources as follows:
(a) A commercial light and power source along with a secondary
power source; or
(b) A non-commercial alternating current (ac) power source along
with a secondary power source.
809.3.1.3 Activation. All visible notification appliances within
the residential dwelling unit providing notification of a building
fire alarm shall be activated upon activation of the building fire
alarm in the portion of the building containing the residential
dwelling unit. All combination smoke alarms and visible notification
appliances within the residential dwelling unit shall be activated
upon smoke detection.
809.3.2 Residential Dwelling Unit Primary Entrance.
Communication features shall be provided at the residential dwelling
unit primary entrance and shall comply with 809.3.2.
* * * * *
809.3.4 Weather Alert Systems. Where provided in emergency
transportable housing units, weather alert systems shall provide
audible and visual output.
[FR Doc. 2014-10162 Filed 5-6-14; 8:45 am]
BILLING CODE 8150-01-P
