36 CFR Part 1191 ADA and ABA Accessibility Guidelines for Emergency Transportable Housing Units
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.
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