36 CFR Part 1191 ADA and ABA Accessibility Guidelines for Emergency Transportable Housing Units
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 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.
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).
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.
Amendatory Language
For the reasons stated in the preamble, we amend 36 CFR part 1191 as follows:
In 105.2.5, revising the section to read as follows:
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, (http://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).
In F105.2.5, revising the section to read as follows:
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, (http://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).
106.5 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.
Amendatory Language
For the reasons stated in the preamble, we amend 36 CFR part 1191 as follows:
In 106.5, adding a new definition to read as follows:
106.5 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.
* * * * *
In F106.5, adding a new definition to read as follows:
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
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.
Amendatory Language
For the reasons stated in the preamble, we amend 36 CFR part 1191 as follows:
In F202.6.5.8, revising the section to read as follows:
F202.6.5.8 Residential Dwelling Units. Residential dwelling units, other than emergency transportable housing units, shall comply with F233.
Adding new F202.6.5.9 and F202.6.5.10 to read as follows:
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.
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.
Amendatory Language
For the reasons stated in the preamble, we amend 36 CFR part 1191 as follows:
In 203.8, revising the section to read as follows:
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.
In F203.9, revising the section to read as follows:
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.
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.
Amendatory Language
For the reasons stated in the preamble, we amend 36 CFR part 1191 as follows:
In 205.1, revising Exception 3 and adding new Exceptions 9, 10, and 11 to read as follows:
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.
In F205.1, revising Exception 3 and adding new Exceptions 9, 10, and 11 to read as follows:
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.
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.
Amendatory Language
For the reasons stated in the preamble, we amend 36 CFR part 1191 as follows:
In 206.2.3, revising Exception 4 to read as follows:
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.
* * * * *
In F206.2.3, revising Exception 3 to read as follows:
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.
* * * * *
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.
Amendatory Language
For the reasons stated in the preamble, we amend 36 CFR part 1191 as follows:
In 206.4.6, revising the first sentence to read as follows:
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. * * *
In F206.4.6, revising the first sentence to read as follows:
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. * * *
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 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.
Amendatory Language
For the reasons stated in the preamble, we amend 36 CFR part 1191 as follows:
In 206.7, adding a new sentence at the end of the section to read as follows:
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.
In F206.7, adding a new sentence at the end of the section to read as follows:
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.
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.
Amendatory Language
For the reasons stated in the preamble, we amend 36 CFR part 1191 as follows:
In 206.7.6, revising the section to read as follows:
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.
In F206.7.6, revising the section to read as follows:
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.
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.”
Amendatory Language
For the reasons stated in the preamble, we amend 36 CFR part 1191 as follows:
In 208.2.3, revising the section to read as follows:
208.2.3 Residential Facilities. Parking spaces provided to serve facilities with residential dwelling units shall comply with 208.2.3.
In F208.2.3, revising the section to read as follows:
F208.2.3 Residential Facilities. Parking spaces provided to serve facilities with residential dwelling units shall comply with F208.2.3.
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.
Amendatory Language
For the reasons stated in the preamble, we amend 36 CFR part 1191 as follows:
In 208.2.3.1, revising the section to read as follows:
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.
In F208.2.3.1, revising the section to read as follows:
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.
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.
Amendatory Language
For the reasons stated in the preamble, we amend 36 CFR part 1191 as follows:
In 208.3.2, revising the first sentence to read as follows:
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 the residential dwelling unit entrance they serve. * * *
In F208.3.2, revising the first sentence to read as follows:
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. * * *
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.
Amendatory Language
For the reasons stated in the preamble, we amend 36 CFR part 1191 as follows:
In 215.5, revising the section to read as follows:
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.
In F215.5, revising the section to read as follows:
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.
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.
Amendatory Language
For the reasons stated in the preamble, we amend 36 CFR part 1191 as follows:
In 228.2, revising the last sentence to read as follows:
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.
In F228.2, revising the last sentence to read as follows:
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.
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.
| Old Sections | New Sections |
| ADA Scoping Requirements | |
| 233 Residential Facilities | 233 Residential Facilities |
| 233.1 General | 233.1 General |
| 233.2 Residential Dwelling Units Provided by Entities Subject to HUD Section 504 Regulations | 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 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 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 |
| 233.3.1.2 Residential Dwelling Units with Communication Features | 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 |
| 233.3.2 Residential Dwelling Units for Sale | 233.3.3 Residential Dwelling Units for Sale |
| 233.3.3 Additions | 233.3.4 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 Alterations 233.3.5.1 Alterations to Vacated Buildings 233.3.5.2 Alterations to 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 Provided by HUD or Through Grant or Loan Programs Administered by HUD | 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 Residential Dwelling Units Provided on Military Installations |
| F233.3.1 Minimum Number: New Construction F233.3.1.1 Residential Dwelling Units with Mobility Features |
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 |
| F233.3.1.2 Residential Dwelling Units with Communication Features | 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 |
| F233.3.2 Additions | F233.3.3 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 Alterations F233.3.4.1 Alterations to Vacated Buildings F233.3.4.2 Alterations to Individual Residential Dwelling Units |
| F233.3.4 Dispersion | 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 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 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 |
| F233.4.1.2 Residential Dwelling Units with Communication Features | 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 |
| F233.4.2 Residential Dwelling Units for Sale | F233.4.3 Residential Dwelling Units for Sale |
| F233.4.3 Additions | F233.4.4 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 Alterations F233.4.5.1 Alterations to Vacated Buildings F233.4.5.2 Alterations to Individual Residential Dwelling Units |
| F233.4.5 Dispersion | F233.4.6 Dispersion |
41. From footnote 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).
Amendatory Language
For the reasons stated in the preamble, we amend 36 CFR part 1191 as follows:
In 233.2, revising the first, second and third sentences to read as follows:
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. * * *
In F233.2, revising the first, second and third sentences to read as follows:
F233.2 Residential Dwelling Units Provided by HUD or Through Grant or Loan Programs Administered by HUD. Where 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. * * *
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.
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).
Amendatory Language
For the reasons stated in the preamble, we amend 36 CFR part 1191 as follows:
In 233.3.1, removing the Exception and revising the section to read as follows:
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.
In 233.3.1.1, revising the section to read as follows:
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.
In F233.3.1, revising the section to read as follows:
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.
In F233.3.1.1, revising the section to read as follows:
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.
In F233.4.1, removing the Exception and revising the section to read as follows:
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.
In F233.4.1.1, revising the section to read as follows:
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.
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.
Amendatory Language
For the reasons stated in the preamble, we amend 36 CFR part 1191 as follows:
In 233.3.1.2, revising the section to read as follows:
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.
In F233.4.1.2, revising the section to read as follows:
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.
Amendatory Language
For the reasons stated in the preamble, we amend 36 CFR part 1191 as follows:
Adding new section 233.3.1.2.1 to read as follows:
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.
Adding new section F233.4.1.2.1 to read as follows:
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.
Amendatory Language
For the reasons stated in the preamble, we amend 36 CFR part 1191 as follows:
Adding new section 233.3.1.2.2 to read as follows:
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.
Adding new section F233.4.1.2.2 to read as follows:
F233.4.1.2.2 Group Sites. Where group sites are developed for the installation of emergency transportable housing units, entities shall comply with F233.3.1.2.2.
Amendatory Language
For the reasons stated in the preamble, we amend 36 CFR part 1191 as follows:
Adding new section 233.3.1.2.2.1 to read as follows:
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.
Adding new section F233.4.1.2.2.1 to read as follows:
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.
Amendatory Language
For the reasons stated in the preamble, we amend 36 CFR part 1191 as follows:
Adding new sections 233.3.1.2.2.2 to read as follows:
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.
Adding new sections F233.4.1.2.2.2 to read as follows:
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.
F233.3.1.2 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.
Amendatory Language
For the reasons stated in the preamble, we amend 36 CFR part 1191 as follows:
In F233.3.1.2, revising the section to read as follows:
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.
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 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.
Amendatory Language
For the reasons stated in the preamble, we amend 36 CFR part 1191 as follows:
In F233.3.1.2, revising the section to read as follows:
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.
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).
Amendatory Language
For the reasons stated in the preamble, we amend 36 CFR part 1191 as follows:
Redesignating section 233.3.2 as 233.3.3, and adding new section 233.3.2 to read as follows:
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.
Redesignating F233.3.2 as F233.3.3, and adding new section F233.3.2 to read as follows:
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.
Redesignating section F233.4.2 as F233.4.3 and adding new section F233.4.2 to read as follows:
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.
Amendatory Language
For the reasons stated in the preamble, we amend 36 CFR part 1191 as follows:
Adding new section 233.3.2.1 to read as follows:
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.
Adding new section F233.3.2.1 to read as follows:
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.
Adding new section F233.4.2.1 to read as follows:
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.
Amendatory Language
For the reasons stated in the preamble, we amend 36 CFR part 1191 as follows:
Adding new section 233.3.2.2 to read as follows:
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.
Adding new section F233.3.2.2 to read as follows:
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.
Adding new section F233.4.2.2 to read as follows:
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.
Amendatory Language
For the reasons stated in the preamble, we amend 36 CFR part 1191 as follows:
Redesignating section 233.3.3 as 233.3.4 and revising redesignated section 233.3.4 to read as follows:
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.
Revising redesignated F233.3.3 to read as follows:
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.
Redesignating section F233.4.3 as F233.4.4 and revising redesignated section F233.4.4 to read as follows:
F233.4.4 Additions. Where an addition to an existing building results in an increase in 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.
Amendatory Language
For the reasons stated in the preamble, we amend 36 CFR part 1191 as follows:
Redesignating sections 233.3.4, 233.3.4.1, and 233.3.4.2 as 233.3.5, 233.3.5.1, and 233.3.5.2, respectively, and revising redesignated sections 233.3.5, 233.3.5.1, and 233.3.5.2 to read as follows:
233.3.5 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.
Redesignating sections F233.3.3, F233.3.3.1, and F233.3.3.2 as F233.3.4, F233.3.4.1, and F233.3.4.2, respectively, and revising redesignated sections F233.3.4, F233.3.4.1, and F233.3.4.2 to read as follows:
F233.3.4 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 F206. 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 F206.
Redesignating sections F233.4.4, F233.4.4.1, and F233.4.4.2 as F233.4.5, F233.4.5.1, and F233.4.5.2, respectively, and revising redesignated sections F233.4.5, F233.4.5.1, and F33.4.5.2 to read as follows:
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.
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.
Amendatory Language
For the reasons stated in the preamble, we amend 36 CFR part 1191 as follows:
Redesignating section 233.3.5 as 233.3.6, revising redesignated section 233.3.6, redesignating the unnumbered Exception to redesignated section 233.3.6 as Exception1, and adding a new Exception 2 to redesignated section 233.3.6 to read as follows:
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.
Redesignating section F233.3.4 as F233.3.5, revising redesignated section F233.3.5, redesignating the unnumbered Exception to redesignated section F233.3.5 as Exception1, and add a new Exception 2 to redesignated section F233.3.5 to read as follows:
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.
Redesignating section F233.4.5 as F233.4.6, revising redesignated section F233.4.6, redesignating the unnumbered Exception to redesignated section F233.4.6 as Exception 1, and adding new Exception 2 to redesignated section F233.4.6 to read as follows:
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.
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.
Amendatory Language
For the reasons stated in the preamble, we amend 36 CFR part 1191 as follows:
In 405.2, redesignating the unnumbered Exception as Exception 1 and adding new Exception 2 to read as follows:
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).
In 405.6, adding a new Exception to read as follows:
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
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.
Amendatory Language
For the reasons stated in the preamble, we amend 36 CFR part 1191 as follows:
In 409.1, revising the first sentence to read as follows:
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 (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.
Amendatory Language
For the reasons stated in the preamble, we amend 36 CFR part 1191 as follows:
In 604.5, revising Exception 2 to read as follows:
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 (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.
Amendatory Language
For the reasons stated in the preamble, we amend 36 CFR part 1191 as follows:
In 606.2, revising Exception 3 to read as follows:
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
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.
Amendatory Language
For the reasons stated in the preamble, we amend 36 CFR part 1191 as follows:
In 606.4, revising the heading to read “Faucets and water spray units,” and adding a sentence at the end of the section as follows:
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 (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.
Amendatory Language
For the reasons stated in the preamble, we amend 36 CFR part 1191 as follows:
In 607.4, revising Exception 2 to read as follows:
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 (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.
Amendatory Language
For the reasons stated in the preamble, we amend 36 CFR part 1191 as follows:
In 608.3, revising Exception 2 to read as follows:
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 (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.
Amendatory Language
For the reasons stated in the preamble, we amend 36 CFR part 1191 as follows:
In 608.4, revising the second sentence and Exception to read as follows:
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. * * *
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 (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 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.
Amendatory Language
For the reasons stated in the preamble, we amend 36 CFR part 1191 as follows:
In 804.3, revising the section to read as follows:
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 Residential Dwelling Units
The final rule reorganizes and renumbers the technical requirements for residential dwelling units in this section as shown below.45
| Old Sections | New Sections |
| 809 Residential Dwelling Units | 809 Residential Dwelling Units |
| 809.1 General | 809.1 General |
| 809.2 Accessible Routes 809.2.1 Location 809.2.2 Turning Space 809.3 Kitchen 809.4 Toilet Facilities and Bathing Facilities |
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 |
| 809.5 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 |
809.3 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 |
45. From footnote 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).
Amendatory Language
For the reasons stated in the preamble, we amend 36 CFR part 1191 as follows:
In 809.1, revising the second and third sentences to read as follows:
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
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.
Amendatory Language
For the reasons stated in the preamble, we amend 36 CFR part 1191 as follows:
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; to read as follows:
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
This section specifies that carpet not be provided on floor surfaces in emergency transportable housing units with mobility features.
Amendatory Language
For the reasons stated in the preamble, we amend 36 CFR part 1191 as follows:
Adding new section 809.2.1.2 to read as follows:
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
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.
Amendatory Language
For the reasons stated in the preamble, we amend 36 CFR part 1191 as follows:
Adding new sections 809.2.5, 809.2.5.1, 809.2.5.2, 809.2.5.3, and 809.2.6 to read as follows:
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.
809.2.6 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.
Amendatory Language
For the reasons stated in the preamble, we amend 36 CFR part 1191 as follows:
Adding new section 809.2.6 to read as follows:
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
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.
Amendatory Language
For the reasons stated in the preamble, we amend 36 CFR part 1191 as follows:
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 to read as follows:
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.
809.3.1.2 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.
Amendatory Language
For the reasons stated in the preamble, we amend 36 CFR part 1191 as follows:
Adding new section 809.3.1.2 to read as follows:
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.
Amendatory Language
For the reasons stated in the preamble, we amend 36 CFR part 1191 as follows:
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 to read as follows:
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 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.
Amendatory Language
For the reasons stated in the preamble, we amend 36 CFR part 1191 as follows:
Adding new section 809.3.4 to read as follows:
809.3.4 Weather Alert Systems. Where provided in emergency transportable housing units, weather alert systems shall provide audible and visual output.
Amendatory Language
For the reasons stated in the preamble, we amend 36 CFR part 1191 as follows:
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.
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