[Federal Register Volume 77, Number 117 (Monday, June 18, 2012)]
[Proposed Rules]
[Pages 36231-36247]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-14811]
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ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD
36 CFR Part 1191
[Docket No. ATBCB-2012-0004]
RIN 3014-AA39
Americans With Disabilities Act (ADA) and Architectural Barriers
Act (ABA) Accessibility Guidelines; Emergency Transportable Housing
Units
AGENCY: Architectural and Transportation Barriers Compliance Board.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Architectural and Transportation Barriers Compliance Board
(Access Board) proposes to amend the Americans with Disabilities Act
(ADA) and Architectural Barriers Act (ABA) Accessibility Guidelines to
specifically address emergency transportable housing units that are
provided by the Federal Emergency Management Agency or other entities
on a temporary site in response to an emergency need for temporary
housing. The proposed amendments seek to ensure that newly constructed
and altered emergency transportable housing units covered by the ADA or
ABA are readily accessible to and usable by individuals with
disabilities. Other federal agencies are required to issue enforceable
accessibility standards for the construction and alteration of
facilities covered by the ADA or ABA that are consistent with the ADA
and ABA Accessibility Guidelines. When the other federal agencies amend
their accessibility standards to be consistent with the proposed
amendments to the ADA and ABA Accessibility Guidelines, newly
constructed and altered emergency transportable housing units covered
by the ADA or ABA would be required to comply with the accessibility
standards as amended.
DATES: Submit comments by August 17, 2012. A hearing will be held on
the proposed amendments on July 11, 2012, 9:30 to 11:30 a.m. To pre-
register to testify please contact Kathy Johnson at (202) 272-00041
(voice), (202) 272-0065 (TTY), or board.gov">johnson@access-board.gov. Witnesses
can testify in person or by telephone. More information and any updates
to the hearings will be posted on the Access Board's Web site at http://www.access-board.gov/eth/.
ADDRESSES: Submit comments by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments. Regulations.gov ID for
this docket is ATBCB-2012-0004.
Email: board.gov">docket@access-board.gov. Include docket number
ATBCB-2012-0004 in the subject line of the message.
Fax: 202-272-0081.
Mail or Hand Delivery/Courier: Office of Technical and
Informational Services, Access Board, 1331 F Street NW., Suite 1000,
Washington, DC 20004-1111.
All comments, including any personal information provided, will be
posted without change to http://www.regulations.gov and are available
for public viewing.
The hearing location is Access Board Conference Room, 1331 F Street
NW., Suite 800, Washington, DC 20004.
FOR FURTHER INFORMATION CONTACT: Marsha Mazz, Office of Technical and
Information Services, Architectural and Transportation Barriers
Compliance Board, 1331 F Street NW., Suite 1000, Washington, DC 20004-
1111. Telephone numbers: (202) 272-0020 (voice); (202) 272-0076 (TTY).
Email address: board.gov">mazz@access-board.gov. These are not toll free numbers.
SUPPLEMENTARY INFORMATION:
Table of Contents
1. Public Participation and Request for Comments
2. Executive Summary
3. Statutory and Regulatory Background
4. Advisory Committee
5. Issues Discussed by the Advisory Committee That Are Not Addressed
in the Proposed Rule
6. Discussion of Proposed Amendments
7. Regulatory Analyses
1. Public Participation and Request for Comments
The Access Board encourages all persons interested in the
rulemaking to submit comments on the proposed amendments and the
questions in the preamble. Instructions for submitting and viewing
comments are provided above under ADDRESSES. The Access Board will
consider all the comments and may change the proposed amendments based
on the comments.
2. Executive Summary
ADA and ABA Accessibility Guidelines
Section 502 of the Rehabilitation Act requires the Access Board to
develop and maintain accessibility guidelines to ensure that the
construction and alteration of facilities covered by the Americans with
Disabilities Act (ADA) or the Architectural Barriers Act (ABA) are
readily accessible to and usable by individuals with disabilities. See
29 U.S.C. 792(b)(3). The Access Board's current accessibility
guidelines for facilities were issued in 2004 and are known as the ADA
and ABA Accessibility Guidelines. Other federal agencies are required
to issue enforceable accessibility standards for the construction and
alteration of facilities covered by the ADA or ABA that are consistent
with the ADA and ABA Accessibility Guidelines. Newly constructed and
altered facilities covered by the ADA or ABA are required to comply
with the accessibility standards issued by the other agencies.
The ADA and ABA Accessibility Guidelines contain scoping and
technical provisions for residential dwelling units. The scoping
provisions specify the minimum number of units required to provide
mobility features for individuals with mobility disabilities and the
minimum number of units required to provide communication features for
individuals who are deaf or have a hearing loss, as well as the
accessible features to be provided within each type of unit. The
technical provisions specify the design criteria for accessible
features within the units.
Purpose of Proposed Rule
Emergency transportable housing units provided by the Federal
Emergency Management Agency (FEMA) in the aftermath of Hurricanes
Katrina and Rita raised issues regarding the application of the scoping
and technical provisions for residential dwelling units to emergency
transportable housing units. Emergency transportable housing units are
used to provide temporary housing and are not intended to be used as
permanent dwellings. They are prefabricated so they can be deployed
rapidly in response to an emergency and are installed on temporary
sites with minimal site preparation. They are
[[Page 36232]]
transported on a single transport vehicle over roadways, which results
in size and space limitations. Emergency transportable housing units
provided in the aftermath of Hurricanes Katrina and Rita typically were
about 400 square feet.
The proposed rule would amend the ADA and ABA Accessibility
Guidelines to treat emergency transportable housing units as a subclass
of residential dwelling units and would add new scoping and technical
provisions for such units. The proposed rule also would amend existing
scoping provisions for operable parts and platform lifts, and existing
technical provisions for ramps, kitchens, and bathrooms to specifically
address emergency transportable housing units.
Summary of Major Proposed Provisions
The major proposed provisions for emergency transportable housing
units required to provide mobility features and emergency transportable
housing units required to provide communication features are summarized
separately in the tables below.
Emergency Transportable Housing Units Required To Provide Mobility Features
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Major proposed provisions Summary Justification--benefits
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Scoping 233.3.1.2, F233.3.1.2, F233.4.1.2 Existing scoping provisions When individuals and households
applicable to facilities with apply for temporary housing
residential dwelling units assistance from FEMA, their needs
provided by entities not are assessed and they are assigned
subject to regulations issued emergency transportable housing
by HUD under Section 504 of the units based on their assessed
Rehabilitation Act currently needs. The proposed new scoping
require at least 5 percent of provisions would allow for
the units to provide mobility flexibility to provide emergency
features. These scoping transportable housing units with
provisions currently apply to mobility features based on
emergency transportable housing assessed needs.
units. The proposed new scoping
provisions would require
emergency transportable housing
units with mobility features to
be provided in accordance with
regulations implementing
Section 504 of the
Rehabilitation Act, the Robert
T. Stafford Disaster Relief and
Emergency Assistance Act, and
the ADA. These regulations
prohibit discrimination on the
basis of disability. Compliance
with these regulations would
ensure that individuals with
mobility disabilities who need
units with mobility features
are provided such units.
Ramps: Exception 2 to 405.2, Exception to The proposed new exceptions to The floor level of emergency
405.6. the technical provisions for transportable housing units is
ramps would permit a steeper elevated above the ground. Ramps
and longer entry ramp for are installed at the entrances to
single unit installations of units with mobility features. If
emergency transportable housing sufficient space is not available
units at private home sites on a private home site to install
where existing physical or site an entry ramp that complies with
constraints would prohibit the the technical provisions for
installation of an entry ramp ramps, a unit with mobility
that complies with the features may not be provided at
technical provisions for ramps. the site. The proposed new
exceptions would allow a steeper
and longer entry ramp in such
situations so individuals with
mobility disabilities can have
units with mobility features
provided at their private home
sites while their homes are
rebuilt and avoid relocation to a
group site.
Kitchen Work Surface Exception to 804.3.. The proposed new exception would Kitchens in emergency transportable
permit a kitchen table housing units have limited storage
complying with the technical space. A kitchen work surface
provisions for tables, all complying with the technical
kitchen counter tops at 34 provisions for kitchen work
inches high maximum, and an surfaces would reduce the storage
electrical outlet within reach space. The proposed new exception
of the table to be provided would provide accessible kitchen
instead of a kitchen work work surfaces for individuals with
surface complying with the mobility disabilities without
technical provisions for reducing the storage space.
kitchen work surfaces.
Kitchen Counter Top Electrical Outlets: Existing exceptions currently Kitchens in emergency transportable
Exception 3 to 205.1, Exception 3 to permit one of the electrical housing units have fewer
F205.1. outlets provided above a length electrical outlets than kitchens
of kitchen counter top that is in other types of residential
uninterrupted by a sink or dwelling units. The proposed
appliance to not comply with amendments to the existing
the technical provisions for exceptions would make all the
operable parts. The proposed electrical outlets accessible to
rule would amend these and usable by individuals with
exceptions so they would not mobility disabilities.
apply to emergency
transportable housing units
required to provide mobility
features. This may result in
electrical outlets installed in
the face of kitchen base
cabinets.
Water Shut-Off Valve: Exception 11 to The proposed new exceptions Space constraints in emergency
205.1 Exception 11 to F205.1. would permit a single water transportable housing units can
shut-off valve complying with limit access to water shut-off
the technical provisions for valves in kitchens and bathrooms.
clear floor space and reach The proposed new exceptions would
ranges to be provided in provide access to a single water
emergency transportable housing shut-off valve for individuals
units required to provide with mobility disabilities.
mobility features.
Kitchen Sink Water Spray Unit: 606.4..... The proposed new provision would The proposed new provision would
require a water spray unit to facilitate dish washing by
be provided at the kitchen sink individuals with limited reach and
in emergency transportable dexterity.
housing units required to
provide mobility features.
Folding Seat in Roll-In Shower: 608.4.... The proposed new provision would The proposed new provision would
require a folding seat to be enable individuals with mobility
provided in a roll-in shower in disabilities to use roll-in
emergency transportable housing showers if shower chairs are
units required to provide unavailable in the aftermath of a
mobility features. disaster.
[[Page 36233]]
Bedrooms: 809.2.4.1, 809.2.4.2........... The proposed new provisions The proposed new provisions would
would: make the bedrooms accessible to
Require clear floor and usable by individuals with
space positioned for a parallel mobility disabilities.
approach to be located on one
side of a bed and to be on an
accessible route; and.
Prohibit accessible
routes, maneuvering
clearances, and turning
spaces in bedrooms less than
70 square feet from
overlapping space occupied
by furniture supplied with
the unit in emergency
transportable housing units
required to provide mobility
features.
Bedroom Lighting Control: 809.2.4.3...... The proposed new provision would Bedrooms in emergency transportable
require a means to control at housing units typically provide
least one source of lighting in overhead lighting controlled by a
the bedroom from the bed in wall switch near the bedroom door.
emergency transportable housing The proposed new provision would
units required to provide result in providing a bedside
mobility features. lamp, an additional wall switch
near the bed, or remote control
device that can be operated from
the bed so individuals with
mobility disabilities can transfer
in and out of bed safely.
Weather Alert Systems: 809.2.5........... The proposed new provision would The proposed new provision would
require weather alert systems make the weather alert systems
provided in emergency accessible to and usable by
transportable housing units individuals with mobility
required to provide mobility disabilities.
features to comply with the
technical provisions for clear
floor space and reach ranges.
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Emergency Transportable Housing Units Required To Provide Communication Features
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Major provisions Summary Justification--benefits
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Scoping: 233.3.2.2, F233.3.2.2, Existing scoping provisions When individuals and households
F233.4.2.2. applicable to facilities with apply for temporary housing
residential dwelling units assistance from FEMA, their needs
provided by entities not are assessed and they are assigned
subject to regulations issued emergency transportable housing
by HUD under Section 504 of the units based on their assessed
Rehabilitation Act currently needs. The proposed new scoping
require at least 2 percent of provisions would allow for
the units to provide flexibility to provide emergency
communication features. These transportable housing units with
scoping provisions currently communication features based on
apply to emergency assessed needs.
transportable housing units.
The proposed new scoping
provisions would require
emergency transportable housing
units with communication
features to be provided in
accordance with regulations
implementing Section 504 of the
Rehabilitation Act, the Robert
T. Stafford Disaster Relief and
Emergency Assistance Act, and
the ADA. These regulations
prohibit discrimination on the
basis of disability. Compliance
with these regulations would
ensure that individuals who are
deaf or have a hearing loss and
need units with communication
features are provided such
units.
Residential Dwelling Unit Smoke Alarms: The proposed new provision would The proposed new provision is
809.3.1.2. require residential dwelling consistent with the National Fire
unit smoke alarms with built-in Protection Association (NFPA) 72
visible alarms to provide National Fire Alarm Code. It would
either a commercial light and ensure that residential dwelling
power source along with a unit smoke alarms with built-in
secondary power source, or a visible alarms have a secondary
non-commercial alternating power source in the event the
current power source along with primary power source fails so that
a secondary power source. individuals who are deaf or have a
hearing loss are alerted when the
alarms are activated.
Weather Alert Systems: 809.3.4........... The proposed new provision would The proposed new provision would
require weather alert systems make the weather alert systems
provided in emergency accessible to and usable by
transportable housing units individuals who are deaf or have a
required to provide hearing loss.
communication features to
provide both audible and
visible output.
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Entities Affected by Proposed Rule
The Robert T. Stafford Disaster Relief and Emergency Assistance Act
authorizes FEMA to provide temporary housing assistance to individuals
and households in response to a major disaster or emergency declared by
the President. See 42 U.S.C. 5174 and 5192. FEMA provides emergency
transportable housing units where there is a need for temporary housing
and a lack of available housing resources in the affected area. A
review of the Web sites of state agencies and nongovernmental
organizations that provide services in response to disasters did not
show that these entities currently provide emergency transportable
housing units.
Question 1. Do state, local, or tribal governments or
nongovernmental organizations provide emergency transportable housing
units in response to disasters?
Emergency transportable housing units provided by FEMA are covered
by
[[Page 36234]]
the ABA and are required to comply with the accessibility standards for
residential facilities issued by the Department of Housing and Urban
Development (HUD). See 42 U.S.C. 4151 and 4153. HUD's current
accessibility standards for residential facilities are the Uniform
Federal Accessibility Standards (UFAS). When HUD updates its
accessibility standards for residential facilities to be consistent
with the ADA and ABA Accessibility Guidelines, newly constructed and
altered emergency transportable housing provided by FEMA would be
required to comply with HUD's updated accessibility standards.
The Access Board has prepared a preliminary regulatory assessment
for the proposed rule. The regulatory assessment is available on the
Access Board's Web site at: http://www.access-board.gov/eth/index.htm.
The regulatory assessment estimates the additional costs that would be
incurred by FEMA assuming HUD updates its accessibility standards for
residential facilities to be consistent with the ADA and ABA
Accessibility Guidelines, as amended by the proposed rule. The
additional costs that would be incurred by FEMA are discussed in the
Regulatory Analyses section of the preamble. Based on the regulatory
assessment, the Access Board has determined that the proposed rule is
not an economically significant regulatory action.
3. Statutory and Regulatory Background
Section 502 of the Rehabilitation Act requires the Access Board to
develop and maintain accessibility guidelines to ensure that the
construction and alteration of facilities covered by the Americans with
Disabilities Act (ADA) or the Architectural Barriers Act (ABA) are
readily accessible to and usable by individuals with disabilities. See
29 U.S.C. 792(b)(3). The Access Board's current accessibility
guidelines for facilities were issued in 2004 and are known as the ADA
and ABA Accessibility Guidelines. See 36 CFR part 1191.
Title II of the ADA covers state and local government facilities,
and Title III of the ADA covers public accommodations and commercial
facilities. See 42 U.S.C. 12101 et seq. The Department of Justice (DOJ)
and Department of Transportation (DOT) are required to issue
enforceable accessibility standards for the construction and alteration
of facilities covered by Titles II and III of the ADA that are
consistent with the ADA and ABA Accessibility Guidelines.\1\ DOJ and
DOT have adopted the ADA and ABA Accessibility Guidelines, with
additions and modifications, as the accessibility standards for
facilities covered by Titles II and III of the ADA.\2\
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\1\ DOT is responsible for issuing accessibility standards for
facilities used to provide designated and specified transportation
services, and DOJ is responsible for issuing accessibility standards
for the other facilities covered by the ADA. See 42 U.S.C. 12134,
12149, 12164, and 12186.
\2\ See 28 CFR 35.104 and 35.151 for DOJ's accessibility
standards for facilities covered by Title II of the ADA; 28 CFR
36.104 and 36.406 for the DOJ's accessibility standards for
facilities covered by Title III of the ADA; and 49 CFR 37.9 and
Appendix A to 49 CFR part 37 for DOT's accessibility standards for
transportation facilities covered by Titles II and III of the ADA.
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The ABA covers facilities designed, constructed, or altered with
federal funds, and facilities leased by federal agencies. See 42 U.S.C.
4151 et seq. The Department of Housing and Urban Development (HUD),
Department of Defense (DOD), United States Postal Service (USPS), and
General Services Administration (GSA) are responsible for issuing
enforceable accessibility standards for the construction, alteration,
and leasing of facilities covered by the ABA that are consistent with
the ADA and ABA Accessibility Guidelines.\3\ DOD, USPS, and GSA have
adopted the ADA and ABA Accessibility Guidelines as the accessibility
standards for facilities covered by the ABA.\4\ HUD's current
accessibility standards for residential facilities covered by the ABA
are the Uniform Federal Accessibility Standards (UFAS).\5\ HUD plans to
update its accessibility standards for residential facilities covered
by the ABA to be consistent with the ADA and ABA Accessibility
Guidelines.
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\3\ HUD is responsible for issuing accessibility standards for
residential facilities covered by the ABA; DOD is responsible for
issuing accessibility standards for military facilities covered by
the ABA; USPS is responsible for issuing accessibility standards for
postal facilities covered by the ABA; and GSA is responsible for
issuing accessibility standards for the other facilities covered by
the ABA.
\4\ See DOD Memorandum on Access for People with Disabilities
(October 31, 2008) available at: http://www.access-board.gov/ada-aba/dod-memorandum.htm for DOD's accessibility standards; 39 CFR
254.1 and 254.2 for USPS' accessibility standards; and 41 CFR 102-
76.60 through 102-76.85 for GSA's accessibility standards.
\5\ See 24 CFR 40.4 for HUD's accessibility standards.
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The federal agencies that issue accessibility standards for
facilities covered by the ADA or ABA are represented on the Access
Board. They were involved in the development of the proposed rule to
minimize any differences between the proposed rule and eventual updates
to their accessibility standards. FEMA also was involved in the
development of the proposed rule.
4. Advisory Committee
In August 2007, the Access Board established an advisory committee
comprised of disability rights advocates, manufacturers of emergency
transportable housing units, and federal agencies (DOJ, HUD, and FEMA)
to make recommendations for amending the ADA and ABA Accessibility
Guidelines to address issues regarding the accessibility of emergency
transportable housing units that were raised in the aftermath of
Hurricanes Katrina and Rita. The committee submitted its report to the
Access Board in November 2008. The proposed rule is based on the
committee's report. The committee's report is available on the Access
Board's Web site at: http://www.access-board.gov/eth/index.htm.
5. Issues Discussed by the Advisory Committee That Are Not Addressed in
the Proposed Rule
The issues noted below were discussed by the advisory committee but
are not addressed in the proposed rule.
Indoor Environmental Quality
The advisory committee included members representing individuals
with disabilities who have multiple chemical sensitivities. The
committee discussed issues related to the indoor environmental quality
of emergency transportable housing units, particularly the formaldehyde
levels in the units, but did not reach a consensus on the issues.
Formaldehyde is present in many products used in homes. Pressed
wood products containing formaldehyde-based resins used in construction
and furnishings are the primary contributors of household airborne
formaldehyde. Prolonged exposure to elevated levels of formaldehyde can
cause health risks.\6\ At FEMA's request, the Centers for Disease
Control and Prevention tested a random sample of travel trailers, park
models, and manufactured homes in Louisiana and Mississippi in December
2007 and January 2008. The average level of formaldehyde in all the
units was about 77 parts per billion (ppb) and ranged from 3 ppb to 590
ppb in individual units.\7\
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\6\ The Environmental Protection Agency released a draft report
on June 2, 2010 that provides scientific support and rationale for
the hazard and dose-response assessment pertaining to chronic
inhalation exposure to formaldehyde. The draft report is available
at: http://cfpub.epa.gov/ncea/iris_drafts/recordisplay.cfm?deid=223614.
\7\ Results of Indoor Air Quality Testing of Trailers and Mobile
Homes for Formaldehyde in Mississippi and Louisiana, FEMA (June
2009) available at: http://www.fema.gov/media/archives/2008/021408.shtm.
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[[Page 36235]]
FEMA has discontinued the use of travel trailers and is phasing out
the use of park models. FEMA currently purchases only manufactured
homes that meet HUD's Manufactured Home Construction and Safety
Standards, which include formaldehyde emission levels for plywood and
particleboard materials installed in such homes. See 24 CFR 3280.308.
The Formaldehyde Standards for Composite Wood Products Act, which was
enacted into law on July 7, 2010, establishes limits for formaldehyde
emissions from composite wood products, including hardwood plywood,
medium-density fiberboard, and particleboard. See 15 U.S.C. 2697. The
composite wood products formaldehyde standards in the law mirror the
standards previously established by the California Air Resources Board
for products sold, offered for sale, supplied, used, or manufactured
for sale in California.\8\ These developments should result in the
reduction of formaldehyde levels in emergency transportable housing
units, as well as other facilities.
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\8\ California Environmental Protection Agency Air Resources
Board, Airborne Toxic Control Measures to Reduce Formaldehyde
Emissions from Composite Wood Products, Final Regulation Order
(April 18, 2008) available at: http://www.arb.ca.gov/regact/2007/compwood07/compwood07.htm.
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Slide-Outs
Some emergency transportable housing units provide additional space
within the unit by extending a floor and wall section to one side when
the unit is installed on a site. This feature is known as a ``slide-
out.'' The advisory committee was concerned that if slide-outs are
provided in emergency transportable housing units required to provide
mobility features, they may not meet the existing technical provisions
for floor surfaces and changes in level in 302 and 303 of the ADA and
ABA Accessibility Guidelines. These provisions currently require floor
surfaces to be stable, firm, and slip resistant, and changes in level
to be not greater than \1/4\ inch vertical and \1/2\ inch beveled on
accessible routes and in accessible spaces. The slide-out joint cover
and the joint between the unit floor and the slide-out floor would need
to be almost flush to meet these provisions. With careful design and
installation, slide-outs can meet these provisions.
Some slide-outs need to be cycled periodically for preventative
maintenance. This maintenance operation could be difficult for
occupants with disabilities to perform. Committee members representing
manufacturers noted that electric and hydraulic slide-outs do not need
to be cycled. The committee recommended that slide outs should be
allowed in emergency transportable housing units required to provide
mobility features only where the manufacturer's warranty indicates that
the slide-out does not need to be cycled after set-up and the floor
surfaces and changes in level between floors meet the technical
provisions for floor surfaces and changes in level in 302 and 303 of
the ADA and ABA Accessibility Guidelines.
Slide-outs are a useful design option given the space constraints
within emergency transportable housing units. Although some slide-outs
need to be cycled periodically for preventative maintenance, the
housing provider can perform this maintenance operation. The technical
provisions for floor surfaces and changes in level in 302 and 303 of
the ADA and ABA Accessibility Guidelines apply to every type of
facility. It is not necessary to amend these provisions to specifically
apply to emergency transportable housing units required to provide
mobility features.
6. Discussion of Proposed Amendments
The proposed rule would amend the ADA and ABA Accessibility
Guidelines to treat emergency transportable housing units as a subclass
of residential dwelling units and would add new scoping and technical
provisions for such units. The proposed rule also would amend existing
scoping provisions for operable parts and platform lifts, and existing
technical provisions for ramps, kitchens, and bathrooms to specifically
address emergency transportable housing units.
The ADA and ABA Accessibility Guidelines consist of 10 chapters
that are codified as appendices to 36 CFR part 1191. The proposed
amendments to the ADA and ABA Accessibility Guidelines are discussed
below under the relevant chapters of the guidelines.
ADA Chapters 1 and 2 (Appendix B to 36 CFR Part 1191)
ABA Chapters 1 and 2 (Appendix C to 36 CFR Part 1191)
ADA Chapters 1 and 2 contain application and scoping provisions for
facilities covered by the ADA, and are codified in Appendix B to 36 CFR
part 1191. ABA Chapters 1 and 2 contain application and scoping
provisions for facilities covered by the ABA, and are codified in
Appendix C to 36 CFR part 1191. The application and scoping provisions
in ABA Chapters 1 and 2 are preceded by the letter ``F'' to distinguish
them from the application and scoping provisions in ADA Chapters 1 and
2. Because the same changes are proposed to the application and scoping
provisions in ADA Chapters 1 and 2 and ABA Chapters 1 and 2,
corresponding provisions in these chapters are discussed together.
106.5 and F106.5 Defined Terms
The proposed rule would add a new definition for the term
``emergency transportable housing unit'' in 106.5 and F106.5 to read as
follows:
Emergency Transportable Housing Unit. 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. 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.
The proposed definition would consider emergency transportable
housing units as a type of residential dwelling unit for purposes of
the ADA and ABA Accessibility Guidelines. Some structures that would be
included in the proposed definition such as travel trailers may not be
considered residential dwelling units for other purposes. Advisory
committee members representing manufacturers of recreational vehicles
such as travel trailers did not want the definition to imply a
permanent dwelling because of regulatory limitations on the use of the
units. Recreational vehicles built on a single chassis and not larger
than 400 square feet when measured at the largest horizontal
projections are not subject to HUD's Manufactured Home Construction and
Safety Standards if they are designed primarily for use as temporary
living quarters for recreational, camping, travel, or seasonal use and
not for use as a permanent dwelling. See 24 CFR 3282.8. As described in
the proposed definition, emergency transportable housing units are used
to provide temporary housing and are not intended to be used as
permanent dwellings. The units typically are installed on private home
sites while residents repair permanent dwellings that were rendered
uninhabitable by a disaster. State or local governments may limit the
amount of time that the units can remain on a site. The proposed
definition would not include larger manufactured or modular
[[Page 36236]]
homes that are transportable on multiple transport vehicles and then
attached to one another in sections on a site.
205 and F205 Operable Parts
These sections currently require operable parts located on
accessible elements and accessible routes and in accessible rooms and
spaces to comply with the technical provisions for operable parts in
309, including clear floor space, reach ranges, and operation. As
discussed below, the proposed rule would revise existing Exception 3
and would add new Exceptions 9, 10, and 11 to 205.1 and F205.1.
Exception 3--Kitchen Countertop Electrical Outlets
The proposed rule would amend existing Exception 3 to 205.1 and
F205.1 to read as follows:
Exception 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.
The National Electrical Code[supreg] (NEC) requires electrical
outlets in kitchens to be installed every 4 feet and within 24 inches
of a corner. This can result in at least one electrical outlet
installed in a location above a kitchen counter top that cannot meet
the technical provisions for obstructed reach ranges. To address this
situation, where two or more electrical outlets are provided above a
length of kitchen counter top that is uninterrupted by a sink or
appliance, existing Exception 3 to 205.1 and F205.1 currently permits
one of the outlets to not comply with the technical provisions for
operable parts in 309.
The advisory committee recommended that all the electrical outlets
provided at kitchen counter tops in emergency transportable housing
units required to provide mobility features should comply with the
technical provisions for operable parts in 309 since kitchens in such
units typically have fewer electrical outlets than kitchens in other
types of residential dwelling units. The NEC permits electrical outlets
in accessible kitchens to be installed in the face of base cabinets
provided the outlets are located not more than 12 inches below a
counter top that extends not more than 6 inches beyond its base. Face-
mounted electrical outlets enable an occupant with a disability to plug
small appliances into the outlet without reaching across the counter
top. The proposed rule would amend existing Exception 3 so that it
would not apply to emergency transportable housing units required to
provide mobility features since face-mounted electrical outlets can be
provided.
Although face-mounted electrical outlets are more accessible to
individuals with disabilities who have limited reach, the outlets and
electrical cords attached to appliances are also within reach of small
children and can pose a safety hazard. For this reason, face-mounted
electrical outlets typically are not provided. The Access Board may
reconsider the proposed amendments to existing Exception 3 to 205.1 and
F205.1.
Question 2. Should the proposed amendments to existing Exception 3
to 205.1 and F205.1 be reconsidered?
Exception 9--Operable Parts in Residential Dwelling Units and Guest
Rooms Not Required To Provide Mobility Features
The proposed rule would add a new Exception 9 to 205.1 and F205.1
to read as follows:
Exception 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.
The proposed new exception would clarify that the technical
provisions for operable parts in 309 do not apply to residential
dwelling units and transient lodging guest rooms that are not required
to provide mobility features. Thus, residential dwelling units and
transient lodging guest rooms required to provide communications
features would not be required to comply with the technical provisions
for operable parts in 309.
Exception 10--Controls Beneath the Body of an Emergency Transportable
Housing Unit
The proposed rule would add a new Exception 10 to 205.1 and F205.1
to read as follows:
Exception 10. In emergency transportable housing units required to
provide mobility features complying with 809.2, controls located
beneath the unit body shall not be required to comply with 309.
The proposed new exception would exempt controls located beneath
the body of emergency transportable housing units required to provide
mobility features from the technical provisions for operable parts in
309. These controls are typically for maintenance purposes and would be
operated by personnel servicing the unit.
Exception 11--Water Shut-Off Valves
The proposed rule would add a new Exception 11 to 205.1 and F205.1
to read as follows:
Exception 11. In emergency transportable housing units required to
provide mobility features complying with 809.2, water shut-off valves
shall not be required to comply with 309 where a single shut-off valve
complying with 309.2 and 309.3 is provided for the entire unit.
Space constraints in emergency transportable housing units can
limit access to water shut-off valves in kitchens and bathrooms. The
proposed new exception would permit a single shut-off valve that
complies with the technical provisions for clear floor space in 309.2
and reach ranges in 309.3 to be provided in emergency transportable
housing units required to provide mobility features.
Question 3. Can water shut-off valves comply with the technical
provisions in 309.4 for operating forces not exceeding five pounds and
one handed operation without tight grasping, pinching, or twisting of
the wrist? If water shut-off valves cannot comply with the technical
provisions in 309.4, should they be exempted from complying with the
technical provisions for clear floor space in 309.2 and reach ranges in
309.3? Are there other controls typically provided within emergency
transportable housing units that cannot comply with any of the
technical provisions for operable parts in 309?
206.7 and F206.7 Platform Lifts
These sections currently permit platform lifts to be used as a
component of an accessible route in new construction in certain
situations.
The proposed rule would amend these sections to read as follows:
206.7 Platform Lifts. Platform lifts shall comply with 410.
Platform lifts shall be permitted as a component of an accessible route
in new construction in accordance with 206.7. Platform lifts shall be
permitted as a component of an accessible route in an existing building
or facility. In emergency transportable housing units, platform lifts
shall not be used at the primary entrance to a unit required to provide
mobility features complying with 809.2.
F206.7 Platform Lifts. Platform lifts shall comply with 410.
Platform lifts shall be permitted as a component of an accessible route
in new construction in accordance with F206.7. Platform lifts shall be
permitted as a component of an accessible route in an existing building
[[Page 36237]]
or facility. 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.
Emergency transportable housing units typically are installed on
constrained sites, such as in driveways on private home sites while
residents rebuild permanent dwellings that were rendered uninhabitable
by a disaster. The floor level of the units is elevated above the
ground and the units typically have one entrance that also serves as
the only accessible means of escape from the unit in an emergency.
Although safety standards typically require factory-built housing to
provide a secondary means of escape, the secondary means of escape
usually is not accessible to occupants with mobility disabilities.
The advisory committee recommended that platform lifts should not
be used at the primary entrance to emergency transportable housing
units required to provide mobility features because the time needed to
operate a platform lift could cause an unnecessary delay for occupants
needing to evacuate the unit quickly. The proposed rule would amend
206.7 and F206.7 to not permit the use of platform lifts at the primary
entrance to emergency transportable housing units required to provide
mobility features.
233 and F233 Residential Facilities
The proposed rule would add new scoping provisions to these
sections for emergency transportable housing units required to provide
mobility features and emergency transportable housing units required to
provide communication features. The proposed rule also would add a new
exception to the dispersion provision. When the final rule is
published, the provisions in 233 and F233 would be renumbered to
accommodate the new scoping provisions for emergency transportable
housing units and the renumbered provisions would be referenced in
other sections, as appropriate. The table below shows the proposed
renumbering of the provisions in 233 and F233 for the final rule and
where the provisions are located in the current guidelines.
------------------------------------------------------------------------
Proposed renumbering of provisions
for the final rule Current guidelines
------------------------------------------------------------------------
ADA Chapter 2: Scoping Requirements
------------------------------------------------------------------------
233 Residential Facilities 233 Residential Facilities
------------------------------------------------------------------------
233.1 General 233.1 General
------------------------------------------------------------------------
233.2 Residential Dwelling Units 233.2 Residential Dwelling Units
Provided by Entities Subject to Provided by Entities Subject to
HUD Section 504 Regulations HUD Section 504 Regulations
------------------------------------------------------------------------
233.3 Residential Dwelling Units 233.3 Residential Dwelling Units
Provided by Entities Not Subject Provided by Entities Not Subject
to HUD Section 504 Regulations to HUD Section 504 Regulations
233.3.1 Residential Dwelling Units 233.3.1 Minimum Number: New
with Mobility Features Construction
233.3.1.1 Facilities Other Than 233.3.1.1 Residential Dwelling
Those Containing Emergency Units with Mobility Features
Transportable Housing Units
233.3.1.2 Facilities Containing 233.3.1.2 Residential Dwelling
Emergency Transportable Housing Units with Communication Features
Units
233.3.2 Residential Dwelling Units
with Communication Features
233.3.2.1 Facilities Other Than
Those Containing Emergency
Transportable Housing Units
233.3.2.2 Facilities Containing
Emergency Transportable Housing
Units
------------------------------------------------------------------------
233.3.3 Residential Dwelling Units 233.3.2 Residential Dwelling Units
for Sale for Sale
------------------------------------------------------------------------
233.3.4 Additions 233.3.3 Additions
------------------------------------------------------------------------
233.3.5 Alterations 233.3.4 Alterations
233.3.5.1 Alterations to Vacated 233.3.4.1 Alterations to Vacated
Buildings Buildings
233.3.5.2 Alterations to Individual 233.3.4.2 Alterations to Individual
Residential Dwelling Units Residential Dwelling Units
------------------------------------------------------------------------
233.3.6 Dispersion 233.3.5 Dispersion
------------------------------------------------------------------------
ABA Chapter 2: Scoping Requirements
------------------------------------------------------------------------
F233 Residential Facilities F233 Residential Facilities
------------------------------------------------------------------------
F233.1 General F233.1 General
------------------------------------------------------------------------
F233.2 Residential Dwelling Units F233.2 Residential Dwelling Units
Provided by HUD or Through Grant Provided by HUD or Through Grant
or Loan Programs Administered by or Loan Programs Administered by
HUD HUD
------------------------------------------------------------------------
F233.3 Residential Dwelling Units F233.3 Residential Dwelling Units
Provided on Military Installations Provided on Military Installations
F233.3.1 Residential Dwelling Units F233.3.1 Minimum Number: New
with Mobility Features Construction
F233.3.1.1 Facilities Other Than F233.3.1.1 Residential Dwelling
Those Containing Emergency Units with Mobility Features
Transportable Housing Units
F233.3.1.2 Facilities Containing F233.3.1.2 Residential Dwelling
Emergency Transportable Housing Units with Communication Features
Units
F233.3.2 Residential Dwelling Units
with Communication Features
F233.3.2.1 Facilities Other Than
Those Containing Emergency
Transportable Housing Units
[[Page 36238]]
F233.3.2.2 Facilities Containing
Emergency Transportable Housing
Units
------------------------------------------------------------------------
F233.3.3 Additions F233.3.2 Additions
F233.3.4 Alterations F233.3.3 Alterations
F233.3.4.1 Alterations to Vacated F233.3.3.1 Alterations to Vacated
Buildings Buildings
F233.3.4.2 Alterations to F233.3.3.2 Alterations to
Individual Residential Dwelling Individual Residential Dwelling
Units Units
------------------------------------------------------------------------
F233.3.5 Dispersion F233.3.4 Dispersion
------------------------------------------------------------------------
F233.4 Residential Dwelling Units F233.4 Residential Dwelling Units
Provided by Other Federal Agencies Provided by Other Federal Agencies
or Through Grant or Loan Programs or Through Grant or Loan Programs
Administered by Other Federal Administered by Other Federal
Agencies Agencies
F233.4.1 Residential Dwelling Units F233.4.1 Minimum Number: New
with Mobility Features Construction
F233.4.1.1 Facilities Other Than F233.4.1.1 Residential Dwelling
Those Containing Emergency Units with Mobility Features
Transportable Housing Units
F233.4.1.2 Facilities Containing F233.4.1.2 Residential Dwelling
Emergency Transportable Housing Units with Communication Features
Units
F233.4.2 Residential Dwelling Units
with Communication Features
F233.4.2.1 Facilities Other Than
Those Containing Emergency
Transportable Housing Units
F233.4.2.2 Facilities Containing
Emergency Transportable Housing
Units
------------------------------------------------------------------------
F233.4.3 Residential Dwelling Units F233.4.2 Residential Dwelling Units
for Sale for Sale
------------------------------------------------------------------------
F233.4.4 Additions F233.4.3 Additions
------------------------------------------------------------------------
F233.4.5 Alterations F233.4.4 Alterations
F233.4.5.1 Alterations to Vacated F233.4.4.1 Alterations to Vacated
Buildings Buildings
F233.4.5.2 Alterations to F233.4.4.2 Alterations to
Individual Residential Dwelling Individual Residential Dwelling
Units Units
------------------------------------------------------------------------
F233.4.6 Dispersion F233.4.5 Dispersion
------------------------------------------------------------------------
Proposed Scoping Provisions for Emergency Transportable Housing Units
Required To Provide Mobility Features (233.3.1, F233.3.1, and F233.4.1)
Existing scoping provisions applicable to facilities with
residential dwelling units provided by entities not subject to
regulations issued by the HUD under Section 504 of the Rehabilitation
Act currently require at least 5 percent of the units to provide
mobility features.\9\ Where facilities contain 15 or fewer residential
dwelling units, the existing scoping provisions apply to the total
number of units that are constructed under a single contract or are
developed as a whole, whether or not the units are located on a common
site. These scoping provisions currently apply to emergency
transportable housing units.
---------------------------------------------------------------------------
\9\ Facilities with residential dwelling units that are provided
by entities subject to regulations issued by HUD under Section 504
of the Rehabilitation Act are required to provide residential
dwelling units with mobility features in a number required by the
applicable HUD regulations.
---------------------------------------------------------------------------
The proposed rule would add new scoping provisions for emergency
transportable housing units required to provide mobility features at:
233.3.1 for units covered by the ADA that are provided by
entities not subject to regulations issued by HUD under Section 504 of
the Rehabilitation Act;
F233.3.1 for units covered by the ABA that are provided on
military installations; and
F233.4.1 for units covered by the ABA that are provided by
federal agencies, other than HUD, or through grant or loan programs
administered by federal agencies, other than HUD.
The references to these provisions are as they would be renumbered
when the final rule is published.
The proposed new scoping provisions 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. Residential
dwelling units required to provide mobility features complying with
809.2 shall be on an accessible route as required by 206.
233.3.1.1 Facilities Other Than Those Containing Emergency
Transportable Housing Units. At least 5 percent, but not less 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.
Exception: Where facilities contain 15 or fewer residential
dwelling units, the requirements of 233.3.1.1 shall apply to the total
number of residential dwelling units that are constructed under a
single contract, or are developed as a whole, whether or not located on
a common site.
233.3.1.2 Facilities Containing Emergency Transportable Housing
Units. Entities shall provide emergency transportable housing units
with mobility features complying with 809.2 in accordance with
applicable regulations implementing Section 504 of the Rehabilitation
Act of 1973, as amended; the Robert T. Stafford Disaster Relief and
Emergency Assistance Act of 1988, as amended; and the Americans with
Disabilities Act of 1990, as amended.
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. All
residential dwelling units required to provide mobility features
complying with 809.2 shall be on an accessible route as required by
F206.
[[Page 36239]]
F233.3.1.1 Facilities Other Than Those Containing Emergency
Transportable Housing Units. At least 5 percent, but not less 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.
F233.3.1.2 Facilities Containing Emergency Transportable Housing
Units. Entities shall provide emergency transportable housing units
with mobility features complying with 809.2 in accordance with
applicable regulations implementing Section 504 of the Rehabilitation
Act of 1973, as amended; the Robert T. Stafford Disaster Relief and
Emergency Assistance Act of 1988, as amended; and the Americans with
Disabilities Act of 1990, as amended.
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. Residential
dwelling units required to provide mobility features complying with
809.2 shall be on an accessible route as required by F206.
F233.4.1.1 Facilities Other Than Those Containing Emergency
Transportable Housing Units. At least 5 percent, but not less 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.
Exception: Where facilities contain 15 or fewer residential
dwelling units, the requirements of F233.4.1.1 shall apply to the total
number of residential dwelling units that are constructed under a
single contract, or are developed as a whole, whether or not located on
a common site.
F233.4.1.2 Facilities Containing Emergency Transportable Housing
Units. Entities shall provide emergency transportable housing units
with mobility features complying with 809.2 in accordance with
applicable regulations implementing Section 504 of the Rehabilitation
Act of 1973, as amended; the Robert T. Stafford Disaster Relief and
Emergency Assistance Act of 1988, as amended; and the Americans with
Disabilities Act of 1990, as amended.
The advisory committee recommended that 10 percent of emergency
transportable housing units provided at group sites should be required
to provide mobility features. Emergency transportable housing units are
more often provided at private home sites than at group sites. The
committee recommended no minimum number be established for single unit
installations provided at private home sites because the individual
need for such units could exceed the minimum number. Instead, the
committee recommended that the number of emergency transportable
housing units with mobility features provided for single unit
installations at private home sites should be based on individual need
in accordance with regulations implementing Section 504 of the
Rehabilitation Act, the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, and the ADA.\10\ These regulations prohibit
discrimination on the basis of disability. Compliance with these
regulations would ensure that individuals with mobility disabilities
who need emergency transportable housing units with mobility features
are provided such units.
---------------------------------------------------------------------------
\10\ See 44 CFR part 16 for FEMA's regulations implementing
Section 504 of the Rehabilitation Act; 44 CFR part 200 for FEMA's
regulations implementing the Robert T. Stafford Disaster Relief and
Emergency Assistance Act; and 28 CFR parts 35 and 36 for DOJ's
regulations implementing Titles II and III of the ADA.
---------------------------------------------------------------------------
The U.S. Census Bureau estimates that for the civilian
noninstitutionalized population aged 5 and older living in the United
States:
27.4 million people (11.9 percent) have difficulty with
ambulatory activities of the lower body and 19.0 million people (8.2
percent) have difficulty with upper body physical tasks;
8.5 million people (3.7 percent) have difficulty
performing one or more activities of daily living such as getting
around inside the home, getting into or out of bed, taking a bath or
shower, getting to or using the toilet, dressing, and eating; and
3.3 million (1.4 percent) used a wheelchair or other
wheeled mobility device and 10.2 million (4.4 percent) used a cane,
crutches, or walker to assist with mobility.\11\
---------------------------------------------------------------------------
\11\ U.S. Census Bureau, Americans with Disabilities:2005
(Issued December 2008) available at: http://www.census.gov/prod/2008pubs/p70-117.pdf.
---------------------------------------------------------------------------
The rate of physical disability varies by state and ranged from 5.9
percent in Utah to 13.5 percent in West Virginia.\12\ FEMA's current
policy is to have 20 percent of its inventory of emergency
transportable housing units comply with UFAS, HUD's current
accessibility standard for residential facilities. When individuals and
households apply for temporary housing assistance from FEMA, their
needs are assessed and they are assigned emergency transportable
housing units based on their assessed needs. The percentage of UFAS
units that FEMA provides varies widely from disaster to disaster based
on assessed needs.
---------------------------------------------------------------------------
\12\ U. S. Census Bureau, Disability Status: 2000 (Issued March
2003) available at: http://www.census.gov/prod/2003pubs/c2kbr-17.pdf.
---------------------------------------------------------------------------
To allow for flexibility to provide emergency transportable housing
units with mobility features based on the assessed needs of applicants,
the proposed rule adopts the approach recommended by the advisory
committee for single unit installations at private home sites to group
sites also. The proposed new scoping provisions would require that
emergency transportable housing units with mobility features be
provided in accordance with regulations implementing Section 504 of the
Rehabilitation Act, the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, and the ADA.
Proposed Scoping Provisions for Emergency Transportable Housing Units
Required To Provide Communication Features (233.3.2, F233.3.2, and
F233.4.2)
Existing scoping provisions applicable to facilities with
residential dwelling units provided by entities not subject to
regulations issued by the HUD under Section 504 of the Rehabilitation
Act currently require at least 2 percent of the units to provide
communication features.\13\ Where facilities contain 15 or fewer
residential dwelling units, the existing scoping provisions apply to
the total number of units that are constructed under a single contact
or are developed as a whole, whether or not the units are located on a
common site. These scoping provisions currently apply to emergency
transportable housing units.
---------------------------------------------------------------------------
\13\ Facilities with residential dwelling units that are
provided by entities subject to regulations issued by HUD under
Section 504 of the Rehabilitation Act are required to provide
residential dwelling units with communication features in a number
required by the applicable HUD regulations.
---------------------------------------------------------------------------
The proposed rule would add new scoping provisions for emergency
transportable housing units required to provide communication features
at:
233.3.2 for units covered by the ADA that are provided by
entities not subject to regulations issued by HUD under Section 504 of
the Rehabilitation Act;
F233.3.2 for units covered by the ABA that are provided on
military installations; and
F233.4.2 for units covered by the ABA that are provided by
federal agencies, other than HUD, or through
[[Page 36240]]
grant or loan programs administered by federal agencies, other than
HUD.
The references to these provisions are as they would be renumbered
when the final rule is published.
The proposed new scoping provisions 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.
233.3.2.1 Facilities Other Than Those Containing Emergency
Transportable Housing Units. At least 2 percent, but not less than one,
of the total number of residential dwelling units, other than emergency
transportable housing units, in the facility shall provide
communication features complying with 809.3.
Exception: Where facilities contain 15 or fewer residential
dwelling units, the requirements of 233.3.2.1 shall apply to the total
number of residential dwelling units that are constructed under a
single contract, or are developed as a whole, whether or not located on
a common site.
233.3.2.2 Facilities Containing Emergency Transportable Housing
Units. Entities shall provide emergency transportable housing units
with residential dwelling unit smoke alarms complying with 809.3.1 and,
where weather alert systems are provided, with weather alert systems
complying with 809.3.4 in accordance with applicable regulations
implementing Section 504 of the Rehabilitation Act of 1973, as amended;
the Robert T. Stafford Disaster Relief and Emergency Assistance Act of
1988, as amended; and the Americans with Disabilities Act of 1990, as
amended.
F233.3.2 Residential Dwelling Units With Communication Features.
Facilities on military installations, other than those containing
emergency transportable housing units, shall comply with F233.3.2.1.
Facilities on military installations containing emergency transportable
housing units shall comply with F233.3.2.2.
F233.3.2.1 Facilities Other Than Those Containing Emergency
Transportable Housing Units. At least 2 percent, but not less than one,
of the total number of residential dwelling units, other than emergency
transportable housing units, in the facility shall provide
communication features complying with 809.3.
F233.3.2.2 Facilities Containing Emergency Transportable Housing
Units. Entities shall provide emergency transportable housing units
with residential dwelling unit smoke alarms complying with 809.3.1 and,
where weather alert systems are provided, with weather alert systems
complying with 809.3.4 in accordance with applicable regulations
implementing Section 504 of the Rehabilitation Act of 1973, as amended;
the Robert T. Stafford Disaster Relief and Emergency Assistance Act of
1988, as amended; and the Americans with Disabilities Act of 1990, as
amended.
F233.4.2 Residential Dwelling Units With Communication Features.
Facilities, other than those containing emergency transportable housing
units, shall comply with F233.4.2.1. Facilities containing emergency
transportable housing units shall comply with F233.4.2.2.
F233.4.2.1 Facilities Other Than Those Containing Emergency
Transportable Housing Units. At least 2 percent, but not less than one,
of the total number of residential dwelling units, other than emergency
transportable housing units, in the facility shall provide
communication features complying with 809.3.
Exception: Where facilities contain 15 or fewer residential
dwelling units, the requirements of F233.4.2.1 shall apply to the total
number of residential dwelling units that are constructed under a
single contract, or are developed as a whole, whether or not located on
a common site.
F233.4.2.2 Facilities Containing Emergency Transportable Housing
Units. Entities shall provide emergency transportable housing units
with residential dwelling unit smoke alarms complying with 809.3.1 and,
where weather alert systems are provided, with weather alert systems
complying with 809.3.4 in accordance with applicable regulations
implementing Section 504 of the Rehabilitation Act of 1973, as amended;
the Robert T. Stafford Disaster Relief and Emergency Assistance Act of
1988, as amended; and the Americans with Disabilities Act of 1990, as
amended.
The proposed new scoping provisions for emergency transportable
housing required to provide communication features are the same as the
proposed new scoping provisions for emergency transportable housing
units required to provide mobility features. The proposed new scoping
provisions would require that emergency transportable housing units
with communication features be provided in accordance with regulations
implementing Section 504 of the Rehabilitation Act, the Robert T.
Stafford Disaster Relief and Emergency Assistance Act, and the ADA.
The proposed new scoping provisions would require visible smoke
alarms in emergency transportable housing units required to provide
communication features. FEMA currently provides visible smoke alarms in
all its emergency transportable housing units. FEMA can exceed the
proposed new scoping provisions. Where weather alert systems are
provided in emergency transportable housing units required to provide
communication features, the proposed new scoping provisions would
require the systems to provide both audible and visible output. FEMA
currently provides weather alert systems in all its emergency
transportable housing units, and the systems provide both audible and
visible output. As noted above, FEMA can exceed the proposed new
scoping provisions.
233.3.6, F233.3.5, and F233.4.6 Dispersion
The proposed rule would add a new exception to the dispersion
provisions in 233.3.6, F233.3.5, and F233.4.6 for emergency
transportable housing units required to provide mobility features and
emergency transportable housing units required to provide communication
features. The references to the dispersion provisions in 233.3.6,
F233.3.5, and F233.4.6 are as they would be renumbered when the final
rule is published.
The proposed new exception to the dispersion provisions in 233.3.6,
F233.3.5, and F233.4.6 read as follows:
Exception 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.
Residential dwelling units required to provide mobility features
and residential dwelling units required to provide communication
features currently are required to be dispersed among the various types
of residential dwelling units in a facility to provide choices
comparable to, and integrated with, units available to other residents.
Since emergency transportable housing units with mobility features and
emergency transportable housing units with communication features are
provided to applicants based on their assessed needs, it is not
necessary to require comparable choices of units at each facility. If
two or three bedroom units with mobility features are not needed at a
particular group site, they should not be provided at that site but
should be provided at other group sites
[[Page 36241]]
or private home sites where they are needed.
The proposed rule would add a new exception to the dispersion
provisions in 233.3.6, F233.3.5, and F233.4.6 that would not require
emergency transportable housing units required to provide mobility
features and emergency transportable housing units required to provide
communication features to be dispersed among the various types of
residential dwelling units in a facility. Emergency transportable
housing units required to provide mobility features and emergency
transportable housing units required to provide communication features
would be required to be integrated with other units in a facility so
individuals with disabilities and their families are not isolated or
segregated at group sites.
Chapters 4, 6, and 8 (Appendix D to 36 CFR Part 1191)
Chapters 3 through 10 contain technical provisions for facilities
covered by the ADA and ABA, and are codified in Appendix D to 36 CFR
part 1191. As discussed below, the proposed rule would amend existing
provisions in Chapters 4, 6, and 8 and also would add new provisions to
these chapters.
Advisory 404.2.5 Thresholds
The proposed rule would add a new advisory note to 404.2.5 to read
as follows:
Advisory 404.2.5 Thresholds. Some doors, particularly entrance
doors to emergency transportable housing units, include a lip on the
bottom edge of the face of the door. This design may result in a ramp
landing positioned more than the allowable \1/2\-inch maximum below the
threshold.
The existing technical provisions in 404.2.5 currently require
thresholds at doorways to be \1/2\-inch high maximum and changes in
level between \1/4\-inch high minimum and \1/2\-inch high maximum to be
beveled with a slope not steeper than 1:2. Entry doors on smaller
emergency transportable housing units typically have a lip that extends
approximately \5/8\-inch to \3/4\-inch below the bottom edge of the
door face. Ramps installed to provide an accessible route to the entry
door typically are made from exterior grade wood that will warp over
time. The ramp landing needs to be positioned below the door lip so the
door can operate freely without binding against the landing surface.
This can result in changes in level between the ramp landing and the
entry doorway that exceed the \1/2\-inch maximum threshold height by
one inch.
The advisory committee recommended adding a new advisory note to
404.2.5 to address this situation. The proposed new advisory note would
indicate that entry doors with a lip on the bottom edge of the door
face may result in exceeding the \1/2\-inch maximum threshold height.
Larger emergency transportable housing units typically use entry doors
more common to residential construction that meet the \1/2\-inch
maximum threshold height.
405.2 Slope and 405.6 Rise (Ramp Runs)
The proposed rule would add a new exception to the technical
provision for the slope of ramp runs in 405.2 to read as follows:
Exception 2. In emergency transportable housing units, 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) and one of the following conditions is met:
(a) The emergency transportable housing unit is located on a site
containing a private home for the use of the occupant of the private
home; or
(b) The emergency transportable housing unit is located on a
privately-owned residential site that is designed for the later
installation of a dwelling unit for the use of the owner of the site.
The proposed rule also would add a new exception to the technical
provision for the rise of ramp runs in 405.6 to read as follows:
Exception: In emergency transportable housing units, 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 provided that the one of the
following conditions is met:
(a) The emergency transportable housing unit is located on a site
containing a private home for the use of the occupant of the private
home; or
(b) The emergency transportable housing unit is located on a
privately-owned residential site that is designed for the later
installation of a dwelling unit for the use of the owner of the site.
Persons whose homes have been rendered uninhabitable by a disaster
prefer to have emergency transportable housing units provided on their
private home sites so they can protect their property, supervise the
reconstruction of their homes, and maintain relationships within their
community. Federal, state, and local laws require the tires to remain
on emergency transportable housing units and the floor level is
typically elevated 36 inches above the ground. Entry ramps are
installed at emergency transportable housing units with mobility
features and the entry ramps cannot encroach on adjacent sites or
public rights-of-way where the units are provided at private home
sites. An entry ramp that complies with the technical provisions for
ramp run slope in 405.2 (1:12 maximum) and ramp run rise in 405.6 (30
inches maximum) needs at least two ramp runs and an intermediate
landing between the ramp runs. The landing would be approximately 18
square feet, and 40 square feet if the ramp needs to change direction
in order to fit on the site. The entry ramp would be approximately 158
to 180 square feet depending on the landing configuration. If
sufficient space is not available on a private home site to install the
entry ramp, an emergency transportable housing unit with mobility
features may not be provided at the site and individuals with
disabilities may be relocated to a group site.
The advisory committee recommended adding new exceptions to the
technical provisions for the slope and rise of ramp runs in 405.2 and
405.6 so individuals with disabilities can have an emergency
transportable housing unit with mobility features provided at their
private home site while their homes are rebuilt and avoid relocation to
a group site. When existing physical or site constraints on a private
home site prohibits the installation of an entry ramp that meets the
technical provisions for ramp slope and ramp rise in 405.2 and 405.6,
the proposed new exceptions to these provisions would permit a single
ramp run with a slope not steeper than 1:10 and a 36 inches maximum
rise. The proposed new exceptions would result in a space savings of
approximately 38 to 60 square feet, depending on the landing
configuration, or about one-third of the space needed for an entry ramp
that meets the technical provisions for the slope and rise of ramp runs
without the proposed new exceptions.
Many individuals with disabilities have difficulty using ramps with
slopes steeper than 1:12 and may find a ramp 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 ramp should be obtained before applying the proposed new
exceptions.
[[Page 36242]]
604.5 Grab Bars (Water Closets)
607.4 Grab Bars (Bathtubs)
608.3 Grab Bars (Showers)
These sections currently require grab bars at toilet and bathing
fixtures. Existing exceptions to these sections currently permit grab
bars to be omitted at the time of construction in residential dwelling
units where the walls are reinforced to support the installation of
grab bars when needed by an occupant with a disability.
The proposed rule would amend the existing exception to 604.5 to
read as follows:
Exception 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.
The proposed rule would amend the existing exception to 607.4 to
read as follows:
Exception 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.
The proposed rule would amend the existing exception to 608.3 to
read as follows:
Exception 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.
The existing exceptions to 604.5, 607.4, and 608.3 are intended to
be used where residential dwelling units would be occupied by different
persons over the life of the unit and some occupants may not need grab
bars at toilet and bathing fixtures. The advisory committee recommended
that these existing exceptions should not be used for emergency
transportable housing units required to provide mobility features
because they could result in delays in installing grab bars in the
units. FEMA requires grab bars to be installed at toilet and bathing
fixtures at the time of construction in emergency transportable housing
units required to provide mobility features. The proposed rule would
amend the existing exceptions to 604.5, 607.4, and 608.3 so they would
not apply to emergency transportable housing units required to provide
mobility features.
606.2 Clear Floor Space (Lavatories and Sinks)
This section currently requires clear floor space with knee and toe
clearance to be provided at lavatories and sinks. An existing exception
to this section currently permits readily removable base cabinets and
finished floors and walls to be installed beneath lavatories and sinks
so the cabinets can be removed and stored when an occupant with a
disability needs clear floor space with knee and toe clearance at the
lavatory and sink.
The proposed rule would amend the existing exception to 606.2 to
read as follows:
Exception 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.
The existing exception to 606.2 is intended to be used where
residential dwelling units would be occupied by different persons over
the life of the unit and some occupants may not need clear floor space
with knee and toe clearance at the lavatory and sink. The advisory
committee recommended that this existing exception should not be used
for emergency transportable housing units required to provide mobility
features because the units do have space to store the removable base
cabinets. FEMA requires clear floor space with knee and toe clearance
to be provided at lavatories and sinks at the time of construction in
emergency transportable housing units required to provide mobility
features. The proposed rule would amend the existing exception to 606.2
so it would not apply to emergency transportable housing units required
to provide mobility features.
606.4 Faucets and Water Spray Units
This section currently requires controls for faucets to comply with
the technical provisions for operable parts in 309 and hand-operated
metering faucets to remain open for at least 10 seconds.
The proposed rule would amend this section to read as follows:
606.4 Faucets and Water Spray Units. Controls for faucets and water
spray units shall comply with 309. Hand-operated metering faucets shall
remain open for 10 seconds minimum. 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.
The proposed rule would add a new provision for a water spray unit
to be provided at the kitchen sink in emergency transportable housing
units required to provide mobility features. The advisory committee
recommended that a water spray unit be provided at the kitchen sink to
facilitate dish washing by individuals with limited reach and dexterity
because dishwashers typically are not provided in emergency
transportable housing units.
608.4 Seats (Roll-In Type Showers)
This section currently requires folding or non-folding seats to be
provided in transfer-type shower compartments, and in roll-in type
showers in transient lodging guest rooms required to provide mobility
features.
The proposed rule would amend this section to read as follows:
608.4 Seats. A folding or non-folding seat shall be provided in
transfer type shower compartments. 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. Seats shall comply with 610.
The proposed rule would add a new provision to 608.4 for a folding
seat to be provided in roll-in type showers provided in emergency
transportable housing units required to provide mobility features. The
advisory committee recommended that a folding seat be provided in roll-
in type showers provided in emergency transportable housing units
required to provide mobility features since individuals with
disabilities who use shower chairs for bathing may not have these
mobility aids available in the aftermath of a disaster. Shower chairs
are designed specifically for bathing and are not suitable for other
uses. Many individuals with mobility disabilities could not use roll-in
showers without a folding seat or shower chair. FEMA
[[Page 36243]]
currently provides a folding seat in roll-in type showers in emergency
transportable housing units required to provide mobility features.
Question 4. Are there other building elements in addition to a
water spray unit at the kitchen sink and a folding seat in a roll-in
type showers that should be provided in emergency transportable housing
units required to provide mobility features to facilitate independent
living by individuals with disabilities who do not have the personal
assistants or mobility aids that they typically depend on to perform
activities of daily living in the aftermath of a disaster? Where
possible, comments should include information regarding the cost of the
recommended building elements.
The 2009 edition of the International Code Council American
National Standard for Accessible and Usable Buildings and Facilities
(ICC/ANSI A117.1) requires a folding seat in all roll-in type showers
regardless of the occupancy type to facilitate use by a broader range
of individuals with disabilities.
Question 5 . Should a folding seat be required in roll-in type
showers regardless of the type of occupancy? Will a folding seat
improve the usability of roll-in type showers? What costs are
associated with requiring a folding seat in new and altered roll-in
type showers?
804.3 Kitchen Work Surface
This section currently requires at least one 30 inch wide section
of kitchen counter space to provide a work surface that is 34 inches
high maximum and has a clear floor space with knee and toe clearance
for a forward approach to the work surface.
The proposed rule would add a new exception to 804.3 to read as
follows:
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) All kitchen counter tops are 34 inches high maximum; and
(c) An electrical outlet is provided at a location within reach of
the table.
Kitchens in emergency transportable housing units are usually small
in size in order to maximize living space and have less storage space
than other types of residential dwelling units. The advisory committee
was concerned that a kitchen work surface complying with 804.3 reduces
the amount of available storage space in the kitchen and recommended
permitting a kitchen table complying with 902 to be provided instead of
a kitchen work surface complying with 804.3. The committee also was
concerned that occupants who use wheelchairs would not be able to use
small kitchen appliances when they are positioned parallel to the
kitchen counter tops. Kitchen counter tops are typically 36 inches
high, which prevents a side reach over an obstruction. Therefore, the
committee also recommended that all kitchen counter tops be 34 inches
high maximum and that an electrical outlet be provided within reach of
the kitchen table.
Question 6. Would allowing the kitchen work surface complying by
804.3 to be replaced by a table complying with 902, all kitchen counter
tops at 34 inches high maximum, and an electrical outlet within reach
of the table result in a kitchen that is usable by individuals with
disabilities? Would the proposed new exception have any cost impacts?
Would the proposed new exception necessitate the installation of
specialized or modified cabinetry? Would installing the counter tops at
34 inches high maximum affect the amount of usable storage currently
required by 804.5 to be within the reach ranges specified in 308? Is
there any reason why an electrical outlet should not be provided near a
kitchen table?
809 Residential Dwelling Units
The proposed rule would add new technical provisions to 809 for
emergency transportable housing units with mobility features and
emergency transportable housing units with communication features. When
the final rule is published, the provisions in 809 would be renumbered
to accommodate the new technical provisions for emergency transportable
housing units, and the renumbered provisions would be referenced in
other sections, as appropriate. The proposed rule also would reorganize
the existing technical provisions for alarms in emergency transportable
housing units with communication features. The table below shows the
proposed renumbering of the provisions in 809 for the final rule and
where the provisions are located in the current guidelines.
------------------------------------------------------------------------
Proposed renumbering of provisions
for the final rule Current guidelines
------------------------------------------------------------------------
809 Residential Dwelling Units 809 Residential Dwelling Units
------------------------------------------------------------------------
809.1 General 809.1 General
------------------------------------------------------------------------
809.2 Residential Dwelling Units 809.2 Accessible Routes
with Mobility Features
809.2.1 Accessible Routes 809.2.1 Location
809.2.1.1 Turning Space 809.2.2 Turning Space
809.2.1.2 Carpet 809.3 Kitchen
809.2.2 Kitchen 809.4 Toilet Facilities and Bathing
Facilities
809.2.3 Toilet Facilities and
Bathing Facilities
809.2.4 Bedrooms in Emergency
Transportable Housing Units
809.2.4.1 Clear Floor Space
809.2.4.2 Overlap
809.2.4.3 Lighting Controls
809.2.5 Weather Alert Systems
------------------------------------------------------------------------
809.3 Residential Dwelling Units 809.5 Residential Dwelling Units
with Communication Features with Communication Features
809.3.1 Alarms 809.5.1 Building Fire Alarm System
809.3.1.1 Building Fire Alarm 809.5.1.1 Alarm Appliances
System
809.3.1.2 Residential Dwelling Unit 809.5.1.2 Activation
Smoke Alarms 809.5.2 Residential Dwelling Unit
Smoke Alarms
809.3.1.3 Activation 809.5.2.1 Activation
809.3.2 Residential Dwelling Unit 809.5.3 Interconnection
Primary Entrance
809.3.2.1 Notification 809.5.4 Prohibited Use
809.3.2.2 Identification 809.5.5 Residential Dwelling Unit
Primary Entrance
[[Page 36244]]
809.3.3 Site, Building, or Floor 809.5.5.1 Notification
Entrance
809.3.4 Weather Alert Systems 809.5.5.2 Identification
809.5.6 Site, Building, or Floor
Entrance
------------------------------------------------------------------------
809.2 Residential Dwelling Units With Mobility Features
As discussed below, the proposed rule would add new technical
provisions to 809.2 for emergency transportable housing units with
mobility features. The references to these provisions are as they would
be renumbered when the final rule is published.
809.2.1.2 Carpet
The proposed rule would add a new provision at 809.2.1.2 to read as
follows:
809.2.1.2 Carpet. Within emergency transportable housing units,
carpet shall be prohibited on floor surfaces.
This proposed new provision would prohibit carpet in emergency
transportable housing units with mobility features.
809.2.4 Bedrooms in Emergency Transportable Housing Units
The proposed rule would add new provisions at 809.2.4 to read as
follows:
809.2.4 Bedrooms in Emergency Transportable Housing Units. Bedrooms
in emergency transportable housing units shall comply with 809.2.4.
809.2.4.1 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.
809.2.4.2 Overlap. Where bedrooms are less than 70 square feet, the
accessible route, maneuvering clearances required at doors, and turning
space shall not overlap space occupied by furniture supplied with the
unit.
809.2.4.3 Lighting Controls. A means to control at least one source
of bedroom lighting from the bed shall be provided.
These proposed new provisions would apply to bedrooms in emergency
transportable housing units with mobility features. They would require
clear floor space positioned for a parallel approach to be located on
one side of a bed and to be on an accessible route; would prohibit
required accessible routes, maneuvering clearances, and turning spaces
in bedrooms less than 70 square feet from overlapping space occupied by
furniture supplied with the unit; and would require a means to control
at least one source of lighting from the bed.
The advisory committee recommended these proposed new provisions to
address space constraints in bedrooms in emergency transportable
housing units. Emergency transportable housing units typically are
furnished at the factory leaving little flexibility in furniture
layout. Rearranging furniture supplied with the unit to increase
accessibility often is impossible because of the small size of the
unit. The committee did not recommend providing clear floor space on
both sides of the bed because it would unnecessarily encroach on the
limited space within the bedroom. If an individual with a disability
cannot transfer on the side of the bed served by the clear floor space,
the furniture can be rearranged.
Existing technical provisions in 809.2 and 404.2.4 currently
require all rooms in residential dwelling units served by an accessible
route to have a turning space (i.e., T-Turn or 60 inch diameter circle)
and all doors on accessible routes to provide maneuvering clearances.
Building codes generally require residential dwelling unit bedrooms to
be at least 70 square feet. However, emergency transportable housing
units rarely are subject to building codes and their bedrooms may be
smaller. The proposed new provisions would prohibit required accessible
routes, maneuvering clearances, and turning spaces in bedrooms less
than 70 square feet from overlapping space occupied by furniture
supplied with the unit. With careful design of room shape, door
arrangement, and furniture layout, small bedrooms can meet the proposed
new provisions.
Emergency transportable housing units typically are supplied with
overhead lighting controlled by a wall switch near the bedroom door.
These switches currently are required to comply with the technical
provisions for operable parts in 309, including reach ranges, but they
usually cannot be operated from the bed and bedside lamps are rarely
supplied with the unit. Providing 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, allows individuals with disabilities to transfer in and out of bed
safely.
809.2.5 Weather Alert Systems
The proposed rule would add a new provision at 809.2.5 to read as
follows:
809.2.5 Weather Alert Systems. Where provided in emergency
transportable housing units, weather alert systems shall comply with
309.1 through 309.3.
This proposed new provision would require weather alert systems
provided in emergency transportable housing units with mobility
features to comply with the technical provisions for clear floor space
in 309.2 and for reach ranges in 309.3. The advisory committee did not
recommend that weather alert systems comply with technical provisions
for operation in 309.4 because some of the controls on currently
available systems require tight grasping or pinching to operate. The
proposed rule does not require weather alert systems to be provided.
FEMA currently provides weather alert systems that comply with the
proposed new provision in all its emergency transportable housing
units.
809.3 Residential Dwelling Units With Communication Features
The references to the provisions for residential dwelling units
with communication features are as they would be renumbered when the
final rule is published.
809.3.1 Alarms
The proposed rule would reorganize the existing technical
provisions for alarms in residential dwelling units with communication
features at 809.3.1 and add a new provision on power sources in
809.3.1.2 to read as follows:
809.3.1 Alarms. Alarms shall comply and 809.3.1. The same visible
alarm appliances shall be permitted to provide notification of building
fire alarm and residential dwelling unit smoke alarm activation.
Visible alarm 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. Alarm appliances
[[Page 36245]]
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 audible alarm appliances with
integral visible alarms complying with NFPA 72 (1999 or 2002 edition)
(incorporated by reference, see ``Referenced Standards'' in Chapter 1).
Smoke alarms with an integral visible notification appliance 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 alarms within the residential dwelling
unit providing visible 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 visible
smoke alarms within the residential dwelling unit shall be activated
upon smoke detection.
The proposed new provision in 809.3.1.2 would require smoke alarms
with built-in visible alarms to provide either a commercial light and
power source along with a secondary power source, or a non-commercial
alternating current power source along with a secondary power source.
Commercial light and power is generated and distributed from a central
station and is the type of power provided by public utilities in most
communities in the United States. Most home generators provide a non-
commercial light and power source. A secondary power source can be a
battery installed in the unit. The proposed provision is consistent
with requirements in the National Fire Protection Association (NFPA) 72
National Fire Alarm Code, which is referenced in 809.3.1.2. The
proposed new provision would apply to all types of residential dwelling
units required to provide communication features, including emergency
transportable housing units.
809.3.4 Weather Alert Systems
The proposed rule would add a new provision at 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.
The proposed new provision would require weather alert systems
provided in emergency transportable housing units with communication
features to provide both audible and visible output. The proposed rule
does not require weather alert systems to be provided. FEMA currently
provides weather alert systems that comply with the proposed new
provision in all its emergency transportable housing units.
7. Regulatory Analyses
Executive Order 13563 (Improving Regulation and Regulatory Review) and
Executive Order
12866 (Regulatory Planning and Review): Preliminary Regulatory
Assessment
The Office of Management and Budget has reviewed this proposed rule
in accordance with Executive Orders 13563 and 12866. Among other
things, Executive Order 13563 directs agencies to propose or adopt a
regulation only upon a reasoned determination that its benefits justify
its costs; tailor the regulation to impose the least burden on society,
consistent with obtaining the regulatory objectives; and, in choosing
among alternative regulatory approaches, select those approaches that
maximize net benefits. Executive Order 13563 recognizes that some
benefits and costs are difficult to quantify and provides that, where
appropriate and permitted by law, agencies may consider and discuss
qualitatively values that are difficult or impossible to quantify,
including equity, human dignity, fairness, and distributive impacts.
The Access Board has prepared a preliminary regulatory assessment
for the proposed rule. The preliminary regulatory assessment is
available on the Access Board's web site at: http://www.access-board.gov/eth/index.htm. The benefits and costs of the proposed rule
are discussed below.
Benefits
The U.S. Census Bureau estimates that for the civilian
noninstitutionalized population aged 5 and older living in the United
States:
27.4 million people (11.9 percent) have difficulty with
ambulatory activities of the lower body and 19.0 million people (8.2
percent) have difficulty with upper body physical tasks;
8.5 million people (3.7 percent) have difficulty
performing one or more activities of daily living such as getting
around inside the home, getting into or out of bed, taking a bath or
shower, getting to or using the toilet, dressing, and eating;
3.3 million (1.4 percent) used a wheelchair or other
wheeled mobility device and 10.2 million (4.4 percent) used a cane,
crutches, or walker to assist with mobility; and
7.8 million people (3.4 percent) have difficulty
hearing.\14\
---------------------------------------------------------------------------
\14\ U.S. Census Bureau, Americans with Disabilities: 2005
(Issued December 2008) available on the web at: http://www.census.gov/prod/2008pubs/p70-117.pdf.
---------------------------------------------------------------------------
The proposed rule seeks to ensure that newly constructed and
altered emergency transportable housing units are readily accessible to
and usable by this population. The Executive Summary includes a summary
of the major proposed provisions that discusses the justification for
and benefits of the proposed provisions for this population. These
benefits are difficult or impossible to quantify.
Costs
FEMA's planning estimate is to maintain an inventory of 2,500
emergency transportable housing units ready to deploy in response to
disasters. As of March 2012, FEMA had approximately 2,065 units in its
inventory. FEMA's current policy is to have 20 percent of the units in
its inventory comply with UFAS. FEMA periodically purchases new units
to replenish its inventory.
When FEMA purchases new units, the units are constructed to FEMA's
requirements. Costs are attributed to the proposed provisions if it
would result in FEMA requiring newly constructed units to provide a
feature that it would not otherwise require and manufacturers would
incur additional costs to construct the feature that would increase the
cost of the units. FEMA reviewed the proposed rule and consulted with
five manufacturers to determine whether any costs would be attributed
to the proposed provisions. FEMA determined that no additional costs
would be attributed to the proposed provisions for emergency
transportable housing units required to provide communication features
since it currently requires smoke alarms with built-in visible alarms
and weather alert systems with both audible and visible output in all
newly constructed units.
For emergency transportable housing units required to provide
mobility features, FEMA determined that costs would be attributed to
the proposed provisions for kitchen counter top electrical outlets, a
single water shut-off valve, a kitchen sink water spray unit, and a
bedroom lighting control. FEMA's
[[Page 36246]]
unit cost estimates for these proposed provisions are shown in the
table below. No costs would be attributed to the proposed provision for
folding seats in roll-in type showers since FEMA currently requires
folding seats to be provided in roll-in type showers.
------------------------------------------------------------------------
FEMA Unit cost
Proposed provisions estimates
------------------------------------------------------------------------
Kitchen Counter Top Electrical Outlets Exception 3 $150-$500
to 205.1 and F205.1................................
Single Water Shut-Off Valve Exception 11 to 205.1 200-500
and F205.1.........................................
Kitchen Sink Water Spray Unit 606.4................. 75
Bedroom Lighting Control 809.2.4.3.................. 60
-------------------
Total........................................... 485-1,135
------------------------------------------------------------------------
FEMA provided low and high unit cost estimates for the kitchen
counter top electrical outlets. The high unit cost estimate assumes
additional costs for custom made base cabinets that may be needed for
electrical outlets installed in the face of the cabinets. FEMA also
provided low and high unit cost estimates for the single water shut-off
valve. The high unit cost estimate assumes that the units would have a
sprinkler system and would need some redesign of the plumbing system.
FEMA currently does not require the units to provide a sprinkler system
and the high unit cost estimate for the single water shut-off valve
would apply if FEMA would require the units to provide sprinkler
systems in the future.
Question 7. Are these cost estimates reasonable? Should compliance
costs be attributed to any of the other proposed provisions and, if so,
what additional costs would be incurred due to the proposed provisions?
The number of emergency transportable housing units that FEMA
deploys varies by disaster and from year to year. The number of units
deployed during the four year period from 2008 to 2011 is shown in the
table below. FEMA sometimes provides UFAS units to applicants who do
not have a disability due to lack of inventory of other units.
Emergency Transportable Housing Units Deployed by FEMA
----------------------------------------------------------------------------------------------------------------
Percentage
Year Number of Total units UFAS units Other units UFAS units
disasters deployed (percent)
----------------------------------------------------------------------------------------------------------------
2008............................ 5 3,798 369 3,429 10
2009............................ 5 1,353 201 1,152 15
2010............................ 3 51 3 48 6
2011............................ 14 4,036 420 3,616 10
-------------------------------------------------------------------------------
Total....................... 27 9,238 993 8,245 11
-------------------------------------------------------------------------------
4-Year Average.............. 7 2,310 248 2,061 11
----------------------------------------------------------------------------------------------------------------
The total additional costs that FEMA would incur assuming HUD
updates its accessibility standards for residential facilities to be
consistent with the ADA and ABA Accessibility Guidelines, as amended by
the proposed rule, are estimated under three scenarios.
Scenario 1: 4-Year Average Deployment From 2008 to 2011
Under this scenario, the total additional costs that FEMA would
incur on an annual basis are based on the average number of emergency
transportable housing units deployed by FEMA from 2008 to 2011. During
this period, FEMA deployed an average of 248 UFAS units per year. The
scenario assumes that FEMA would purchase the same number of new units
with mobility features annually to replenish the inventory. FEMA's
total additional annual costs under Scenario 1 are shown in the table
below.
Scenario 1--Additional Annual Costs Based on 4-Year Average Deployment From 2008 to 2011
----------------------------------------------------------------------------------------------------------------
Number of new units purchased
annually with mobility features Low estimate ($485 per unit) High estimate ($1,135 per unit)
----------------------------------------------------------------------------------------------------------------
248 $120,280 $281,480
----------------------------------------------------------------------------------------------------------------
Scenario 2: 20 Percent of Units in Inventory Provide Mobility Features
Under this scenario, the total additional costs that FEMA would
incur on an annual basis are based on its planning estimate to maintain
an inventory of 2,500 emergency transportable housing units and its
current policy to have 20 percent of the units in the inventory comply
with UFAS. The scenario assumes that FEMA deploys the entire inventory
each year and would purchase 500 new units with mobility features
annually to replenish the inventory. FEMA's total additional annual
costs under Scenario 2 are shown in the table below.
[[Page 36247]]
Scenario 2--Additional Annual Costs Based on 20 Percent of Units in Inventory Provide Mobility Features
----------------------------------------------------------------------------------------------------------------
Number of new units purchased
annually with mobility features Low estimate ($485 per unit) High estimate ($1,135 per unit)
----------------------------------------------------------------------------------------------------------------
500 $242,500 $567,500
----------------------------------------------------------------------------------------------------------------
Scenario 3: Disasters Equivalent to Hurricanes Katrina and Rita
Under this scenario, the total additional costs that FEMA would
incur are based on disasters equivalent to Hurricanes Katrina and Rita.
During Hurricanes Katrina and Rita, FEMA deployed 145,000 emergency
transportable housing units. The scenario assumes three different
levels of assessed need for units with mobility features: 14,500 (10
percent), 21,700 (15 percent), and 29,000 (20 percent). FEMA's total
additional costs under Scenario 3 are shown in the table below. The
costs may be incurred over more than one year depending on whether the
disasters occur in the early part or late part of the year, and the
manufacturing capacity and production time needed to construct large
numbers of units.
Scenario 3--Additional Costs Based on Disasters Equivalent to Hurricanes Katrina and Rita
----------------------------------------------------------------------------------------------------------------
Number of new units purchased with
mobility features Low estimate ($485 per unit) High estimate ($1,135 per unit)
----------------------------------------------------------------------------------------------------------------
14,500 $7,032,500 $16,457,500
21,700 10,548,750 24,686,250
29,000 14,065,000 32,915,000
----------------------------------------------------------------------------------------------------------------
The Access Board has made a preliminary determination based on the
preliminary regulatory assessment that the benefits of the proposed
amendments would justify the costs; that the proposed amendments would
impose the least burden on society, consistent with obtaining the
regulatory objectives; and that the regulatory approach selected would
maximize net benefits.
Regulatory Flexibility Act: Certification of No Significant Impact on a
Substantial Number of Small Entities
Pursuant to Section 605 (b) of the Regulatory Flexibility Act (5
U.S.C. 605 (b)), the Access Board certifies that the proposed
amendments will not have a significant economic impact on a substantial
number of small entities. The Robert T. Stafford Disaster Relief and
Emergency Assistance Act authorizes FEMA to provide temporary housing
assistance to individuals and households in response to a major
disaster or emergency declared by the President. See 42 U.S.C. 5174 and
5192. FEMA provides emergency transportable housing units where there
is a need for temporary housing and a lack of available housing
resources in the affected area. A review of the Web sites of state
agencies and nongovernmental organizations that provide services in
response to disasters did not show that these entities currently
provide emergency transportable housing units. There is no information
available indicating that local or tribal governments, including small
jurisdictions with a population less than 50,000, provide emergency
transportable housing units for people who need temporary housing in
the aftermath of a disaster.
Question 8. Do any small jurisdictions with a population less than
50,000 or small nongovernmental organizations provide emergency
transportable housing units for people who need temporary housing in
the aftermath of a disaster?
Executive Order 13132 (Federalism)
The proposed rule adheres to the fundamental federalism principles
and policy making criteria in Executive Order 13132. The proposed rule
would amend the ADA and ABA Accessibility Guidelines to specifically
address emergency transportable housing units that are provided by the
Federal Emergency Management Agency or other entities on a temporary
site in response to an emergency need for temporary housing. Other
federal agencies are required to issue enforceable accessibility
standards for the construction and alteration of facilities covered by
the ADA or ABA that are consistent with the ADA and ABA Accessibility
Guidelines. The ADA was enacted by Congress pursuant to its authority
to enforce the Fourteenth Amendment to the U.S. Constitution and to
regulate commerce. The ADA was enacted to provide a clear and
comprehensive national mandate for the elimination of discrimination
against individuals with disabilities. See 42 U.S.C. 12101 (b) (1). The
ADA recognizes the authority of State and local governments to enact
and enforce laws that provide for greater or equal protection for the
rights of individuals with disabilities than are afforded by this
chapter. See 42 U.S.C. 12201 (b).
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act does not apply to proposed or
final rules that enforce constitutional rights of individuals or
enforce statutory rights that prohibit discrimination on the basis of
race, color, sex, national origin, age, handicap, or disability. The
proposed rule would amend the ADA and ADA Accessibility Guidelines to
specifically address emergency transportable housing units that are
provided by the Federal Emergency Management Agency or other entities
on a temporary site in response to an emergency need for temporary
housing. Other federal agencies are required to issue enforceable
accessibility standards for the construction and alteration of
facilities covered by the ADA or ABA that are consistent with the ADA
and ABA Accessibility Guidelines. Since the ADA prohibits
discrimination on the basis of disability, an assessment of the rule's
effect on State, local, and tribal governments, and the private sector
is not required by the Unfunded Mandates Reform Act.
List of Subjects in 36 CFR Part 1191
Buildings and facilities, Civil rights, Incorporation by reference,
Individuals with disabilities, Transportation.
Susan Brita,
Chair.
[FR Doc. 2012-14811 Filed 6-15-12; 8:45 am]
BILLING CODE 8150-01-P