36 CFR Parts 1190 and 1191 ADA and ABA Accessibility Guidelines - Preamble (Discussion of Comments and Changes)

F234 Residential Facilities

Requirements for residential dwelling units subject to the ABA are substantively consistent with the ADA scoping document in distinguishing between residential facilities subject to HUD regulations (F233.2) and those that are not (F233.4). As discussed above in section 233, the Board has sought to ensure consistency between the requirements of this rule and regulations for housing issued by HUD. In addition, the Board has included provisions specific to housing provided on military installations (F233.3) which are consistent with those for facilities not covered by HUD regulations. The term "military installation," as defined in the final rule (F106.5), applies to all facilities of an installation, whether or not they are located on a common site.

The proposed rule did not include an exception for military housing that is provided in the current standards used to enforce the ABA (UFAS). UFAS (4.1.4(3)) permits the Department of Defense (DOD) the option of modifying dwelling units as needed on an installation-by-installation basis (4.1.4(3)), as opposed to providing access at the time of construction as is required for other types of dwelling units. This flexibility allows the military departments to modify units for access to suit the needs of families with disabilities.

Comment. The Board sought comment on whether the final rule should include a similar provision that would permit accessible dwelling units under control of the DOD to be designed to be readily and easily modifiable to be accessible provided that modifications are accomplished on a first priority basis when a need is identified (Question 17). The vast majority of comments, most of which were from persons with disabilities, opposed such a provision. DOD supported retaining this exception, consistent with UFAS, since it provides appropriate flexibility in accommodating families with disabilities at military installations.

Response. The Board has not included an exception for military housing in the final rule. Consistent with the proposed rule, certain exceptions are provided for residential dwelling units generally that permit the installation of accessible features after construction if specified conditions are met. For example, grab bars do not have to be installed during the construction of residential dwelling units if the proper reinforcement is provided to facilitate their later installation as needed.