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.

Appendix B to 36 CFR Part 1191 — Americans with Disabilities Act: Scoping
Appendix C to 36 CFR Part 1191 — Architectural Barriers Act: Scoping

Since most of the scoping requirements in Appendices B and C are the same, the revisions made by the final rule to the scoping requirements are discussed together.

105.2.5 NFPA
F105.2.5 NFPA

These sections incorporate by reference the NFPA 72 National Fire Alarm Code (1999 and 2002 Editions). The final rule edits the references to the sections of the guidelines that require compliance with the NFPA 72 National Fire Alarm Code to conform to the renumbered technical requirements for residential dwelling units in section 809.

106.5 Defined Terms 
F106.5 Defined Terms

The final rule adds a definition to these sections for the term “emergency transportable housing unit.” The term is defined to mean a single or multiple section prefabricated structure that is transportable on a single transport vehicle and that can be set-up and installed on a temporary site in response to an emergency need for temporary housing. The definition lists travel trailers, park models, manufactured housing, and other factory built housing among the structures covered by the definition. Modular homes that are transportable on multiple vehicles and are joined together on a site are not covered by the definition. The definition considers emergency transportable housing units as a type of residential dwelling unit for the purposes of the guidelines.

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.

203.8 Residential Facilities
F203.9 Residential Facilities

These sections contain a general exception for facilities with residential dwelling units. The exception does not require common use areas that do not serve residential dwelling units required to provide mobility features to comply with the scoping requirements or to be on an accessible route. The final rule revises the exception to also apply to common use areas that do not serve emergency transportable housing unit pads designed and constructed to accept the installation of units with mobility features.

205 Operable Parts
F205 Operable Parts

These sections require operable parts located on accessible elements and accessible routes and in accessible rooms and spaces to comply with the technical requirements for operable parts, including clear floor space, reach ranges, and operation. The sections contain several exceptions. As discussed below, the final rule revises Exception 3 and adds Exceptions 9, 10, and 11 to the sections.

Exception 3 (Electrical Outlets in Kitchen)

Where two or more electrical outlets are provided in a kitchen above a length of counter top that is uninterrupted by a sink or appliance, Exception 3 does not require one of the outlets to comply with the technical requirements for operable parts. Kitchens in emergency transportable housing units typically have fewer electrical outlets than kitchens in other types of residential dwelling units. The final rule revises Exception 3 so that it does not apply to emergency transportable housing units required to provide mobility features.

Exception 9 (Residential Dwelling Units and Transient Lodging Guest Rooms Not Required to Provide Mobility Features)

The final rule adds Exception 9 for residential dwelling units and transient lodging guest rooms that are not required to provide mobility features. Exception 9 clarifies that operable parts in these units are not required to comply with the technical requirements for operable parts.

Exception 10 (Operable Parts Beneath Emergency Transportable Housing Units)

The final rule adds Exception 10 for operable parts located beneath the body of emergency transportable housing units required to provide mobility features. These operable parts are typically used by service personnel for maintenance purposes and are not intended to be used by the occupants of the emergency transportable housing units. Exception 10 does not require these operable parts to comply with the technical requirements for operable parts.

Exception 11 (Water Shut-Off Valves)

The final rule adds Exception 11 for water shut-off valves. Water shut-off valves are typically located beneath sinks and toilets, and do not meet the technical requirements for clear floor space and reach ranges. The proposed rule would not have required water-shut off valves in emergency transportable housing units with mobility features to comply with the technical requirements for operable parts where a single shut-off valve complying with the technical requirements for clear floor space and reach ranges is provided for the entire unit. The final rule does not require water shut-off valves in any type of occupancy to comply with the technical requirements for operable parts. Since we do not know whether it is feasible to provide a single water shut-off valve in all other occupancies, the final rule does not require a single water shut-off valve to be provided in order to use Exception 11.

206.2.3 Multi-Story Buildings (Exception 4)
F206.2.3 Multi-Story Buildings (Exception 4)

The final rule edits the references in Exception 4 to these sections to the technical requirements for residential dwelling units with mobility features to conform to the renumbered technical requirements in section 809.

206.4.6. Residential Dwelling Unit Primary Entrance 
F206.4.6. Residential Dwelling Unit Primary Entrance

The final rule edits these sections to reference the technical requirements for residential dwelling units with mobility features.

206.5.4 Residential Dwelling Units
F206.5.4 Residential Dwelling Units

The final rule edits the references in these sections to the technical requirements for residential dwelling units with mobility features to conform to the renumbered technical requirements in section 809.

206.7 Platform Lifts
F206.7 Platform Lifts

These sections specify where platform lifts are permitted as a component of an accessible route in new construction. The final rule does not permit the use of platform lifts at the primary entrance to an emergency transportable housing unit required to provide mobility features. The floor level of emergency transportable housing units is elevated above the ground. Although safety standards require manufactured housing to provide a secondary means of escape, the secondary means of escape usually is not accessible to occupants with mobility disabilities. In emergency transportable housing units required to provide mobility features, the primary entrance to the unit is the only accessible means of escape for occupants with mobility disabilities to evacuate the unit in an emergency. Platform lifts are not permitted at the primary entrance to emergency transportable housing units required to provide mobility features because the time needed to operate a platform lift and, if necessary, to recall it to the level of exit discharge can result in unnecessary delays for occupants with mobility disabilities evacuating the unit in an emergency.

206.7.6 Guest Rooms and Residential Dwelling Units
F206.7.6 Guest Rooms and Residential Dwelling Units

The final rule edits the references in these sections to the technical requirements for residential dwelling units with mobility features to conform to the renumbered technical requirements in section 809.

208.2.3 Residential Facilities
F208.2.3 Residential Facilities

The final rule edits the words “residential facilities” in these sections to read “facilities with residential dwelling units.”

208.2.3.1 Parking for Residents
F208.2.3.1 Parking for Residents

The final rule edits the references in these sections to the technical requirements for residential dwelling units with mobility features to conform to the renumbered technical requirements in section 809.

208.3.2 Residential Facilities
F208.3.2 Residential Facilities

The final rule edits the references in these sections to the technical requirements for residential dwelling units with mobility features to conform to the renumbered technical requirements in section 809.

215.5 Residential Dwelling Units
F215.5 Residential Dwelling Units

The final rule edits the references in these sections to the technical requirements for residential dwelling units with communication features to conform to the renumbered technical requirements in section 809.

228.2 Mail Boxes
F228.2 Mail Boxes

The final rule edits the references in these sections to the technical requirements for residential dwelling units with mobility features to conform to the renumbered technical requirements in section 809.

233 Residential Facilities
F233 Residential Facilities

The final rule reorganizes and renumbers the provisions in these sections as shown below in order to add scoping requirements for emergency transportable housing units required to provide mobility features and for emergency transportable housing units required to provide communication features.41 The final rule also edits the references to the technical requirements for residential dwelling units with mobility features in the provisions to conform to the renumbered technical requirements in section 809.

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

233.3.1 Residential Dwelling Units with Mobility Features 
F233.3.1 Residential Dwelling Units with Mobility Features
F233.4.1 Residential Dwelling Units with Mobility Features

These sections contain the scoping requirements for residential dwelling units with mobility features.42 The scoping requirements for facilities that do not contain emergency transportable housing units are in sections 233.3.1.1, F233.3.1.1, and F233.4.1.1, and they are not changed.

233.3.1.2 Facilities Containing Emergency Transportable Housing Units
F233.4.1.2 Facilities Containing Emergency Transportable Housing Units

These sections contain the scoping requirements for emergency transportable housing units with mobility features installed at facilities other than military installations. Where emergency transportable housing units are installed on private sites provided by the occupant of the unit, the final rule requires entities to provide units with mobility features on the private sites as determined by a needs assessment conducted by the entity providing the units. Where group sites are developed for emergency transportable housing units, the final rule requires at least 10 percent of the unit pads to be designed and constructed to accept the installation of units with mobility features and to be on an accessible route, and at least 5 percent of the total number of units installed on the group sites to provide mobility features.

F233.3.1.2 Facilities Containing Emergency Transportable Housing Units

This section contains the scoping requirement for emergency transportable housing units with mobility features installed on military installations. The final rule requires entities to provide emergency transportable housing units with mobility features on military installations as determined by a needs assessment conducted by the entity providing the units.

233.3.2 Residential Dwelling Units with Communication Features 
F233.3.2 Residential Dwelling Units with Communication Features
F233.4.2 Residential Dwelling Units with Communication Features

These sections contain the scoping requirements for residential dwelling units with communication features.43 The scoping requirements for facilities that do not contain emergency transportable housing units are in sections 233.3.2.1, F233.3.2.1, and F233.4.2.1, and they are not changed. 

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.

233.3.6 Dispersion (Exception 2)
F233.3.5 Dispersion (Exception 2)
F233.4.6 Dispersion (Exception 2)

The final rule adds Exception 2 to these sections. Exception 2 does not require emergency transportable housing units required to provide mobility features to be dispersed among the various types of units in the facility or to provide choices of units comparable to those available to others since disaster survivors are provided units based on their assessed needs. Exception 2 does not exempt emergency transportable housing units required to provide mobility features from the requirement that the units be integrated with those available to other residents so that disaster survivors with disabilities are not segregated at group sites.

Appendix D to 36 CFR Part 1191 — Technical
405.2 Slope (Exception 2)
405.6 Rise (Exception)

These sections contain the technical requirements for the running slope and rise of ramp runs. The running slope of ramp runs must not be steeper than 1:12 and any ramp rise must be 30 inches maximum. The floor level of emergency transportable housing units is typically elevated 36 inches above the ground. To comply with the technical requirements, entry ramps installed at emergency transportable housing units with mobility features must have at least two ramp runs and an intermediate landing between the ramp runs. The entry ramps occupy 158 to 180 square feet depending on the landing configuration.44 The final rule adds exceptions to the technical requirements that permit a single ramp run with a slope not steeper than 1:10 and 36 inches maximum rise where existing physical or site constraints would prohibit the installation of an entry ramp complying with the slope and rise requirements at emergency transportable housing units installed on private sites provided by the occupant of the unit. The exceptions reduce the area occupied by the entry ramps to 120 square feet. The exceptions may enable disaster survivors with disabilities who need emergency transportable housing units with mobility features to have the units installed on their private home sites where existing physical or site constraints may otherwise prohibit the installation of an entry ramp complying with the technical requirements at the unit. Many individuals with disabilities have difficulty using ramps with slopes steeper than 1:12 and may find entry ramps with a 1:10 slope not usable. Because individuals with disabilities have varying needs and capabilities, the concurrence of individuals with disabilities who will use the entry ramps should be obtained before using the exceptions.

409.1 General

The final rule edits the references in these sections to the technical requirements for residential dwelling units with mobility features to conform to the renumbered technical requirements in section 809.

604.5 Grab Bars (Exception 2)

Exception 2 to this section permits grab bars to not be installed at water closets in residential dwelling units required to provide mobility features provided that the walls are reinforced to support future installation of grab bars. The final rule revises Exception 2 so that it does not apply to emergency transportable housing units required to provide mobility features since it could result in delays in installing grab bars in the units.

606.2 Clear Floor Space (Exception 3)

This section requires clear floor space positioned for a forward approach and knee and toe clearance to be provided at lavatories and sinks. Exception 3 to the section permits readily removable cabinetry to be installed under lavatories and sinks in residential dwelling units required to provide mobility features provided that the finish floor extends under the cabinetry and the walls behind and surrounding the cabinetry are finished. The final rule revises Exception 3 so that it does not apply to emergency transportable housing units required to provide mobility features.

606.4 Faucets and Water Spray Units

The final rule revises this section to require a water spray unit to be provided at the kitchen sink in emergency transportable housing units required to provide mobility features so individuals with mobility disabilities can wash dishes without having to reach across the sink to control the water flow.

607.4 Grab Bars (Exception 2)

Exception 2 to this section permits grab bars to not be installed at bathtubs in residential dwelling units required to provide mobility features provided that the walls are reinforced to support future installation of grab bars. The final rule revises Exception 2 so that it does not apply to emergency transportable housing units required to provide mobility features since it could result in delays in installing grab bars in the units.

608.3 Grab Bars (Exception 2)

Exception 2 to this section permits grab bars to not be installed in shower compartments in residential dwelling units required to provide mobility features provided that the walls are reinforced to support future installation of grab bars. The final rule revises Exception 2 so that it does not apply to emergency transportable housing units required to provide mobility features since it could result in delays in installing grab bars in the units.

608.4 Seats (Exception)

This section requires a folding or non-folding seat to be provided in transfer type shower compartments. An exception to the section permits seats to not be installed in transfer type shower compartments in residential dwelling units required to provide mobility features provided that the walls are reinforced to support future installation of seats. The final rule revises the exception so that it does not apply to emergency transportable housing units required to provide mobility features since it could result in delays in installing seats in transfer type shower compartments in the units. The final rule also requires a folding seat to be provided in roll-in type showers provided in emergency transportable housing units required to provide mobility features.

804.3 Kitchen Work Surface (Exception)

This section requires at least one work surface to be provided at kitchen counters in residential dwelling units required to provide mobility features. The work surface must have a clear floor space positioned for a forward approach, and knee and toe clearance beneath the kitchen counter. The final rule adds an exception to the section for emergency transportable housing units in order to preserve storage space beneath kitchen counters in the units. The exception does not require work surfaces to be provided at kitchen counters where a table is provided within the kitchen; an electric outlet is provided within reach of the table; and all the kitchen countertops are 34 inches high maximum. The table must comply with the technical requirements for dining surfaces and work surfaces.

809 Residential Dwelling Units

The final rule reorganizes and renumbers the technical requirements for residential dwelling units in this section as shown below.45

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

809.2 Residential Dwelling Units with Mobility Features

As discussed below, the final rule adds technical requirements to this section for floor surfaces, bedrooms, and weather alert systems in emergency transportable housing units with mobility features.

809.2.1.2 Floor Surfaces

This section specifies that carpet not be provided on floor surfaces in emergency transportable housing units with mobility features. 

809.2.5 Bedrooms in Emergency Transportable Housing Units

This section requires a clear floor space for individuals who use wheelchairs and other mobility aids to be provided on one side of a bed in bedrooms in emergency transportable housing units. The clear floor space must be positioned for a parallel approach to the side of the bed and must be on an accessible route. Where bedrooms are less than 70 square feet, the section specifies that the furniture supplied with the unit cannot overlap the accessible route, maneuvering clearances required at doors, and turning space since it is not possible to rearrange the furniture in such small spaces. The section also requires a means to control at least one source of lighting from the bed, such as bedside lamps, wall switches near the bed, or remote control devices that can be operated from the bed, so individuals with mobility disabilities can safely transfer in and out of bed.

809.2.6 Weather Alert Systems

Where weather alert systems are provided in emergency transportable housing units, this section requires the operable parts on weather alert systems in units with mobility features to comply with the technical requirements for clear floor space and reach ranges.

809.3 Residential Dwelling Units with Communication Features

As discussed below, the final rule adds technical requirements to this section for smoke alarms and weather alert systems in residential dwelling units with communication features.

809.3.1.2 Residential Dwelling Unit Smoke Alarms

This section requires residential dwelling unit smoke alarms to provide combination smoke alarms and visible notification appliances. The final rule requires combination smoke alarms and visible notification appliances to be supplied with a commercial light and power source along with a secondary power source, or a non-commercial alternating power source along with a secondary power source. This requirement is consistent with the NFPA 72 National Fire Alarm Code, which is referenced in the section.

809.3.4 Weather Alert Systems

Where weather alert systems are provided in emergency transportable housing units, this section requires weather alert systems in units with communication features to provide audible and visible output.