Residential Dwelling Units Scoping Requirements as Defined by the ADA
2010 ADA Standards Cover
Residential dwelling units are defined by the 2010 ADA Standards as “A unit intended to be used as a residence, that is primarily long-term in nature. Residential dwelling units do not include transient lodging, inpatient medical care, licensed long-term care, and detention or correctional facilities.”
The Americans with Disabilities Act (ADA) applies to Title II and Title III facilities. Title II facilities are those owned and/or operated by State or local government. Title III facilities are public accommodations or commercial facilities. So residential dwelling units in Title II and Title III facilities must comply with the ADA.
This article will discuss the scoping requirements for residential dwelling units found in 2010 ADA Standard 233, Residential Facilities, and other scoping Standards, 28 CFR 35.151(e) and (f) and 28 CFR 36.406(d) and (e), Title II and Title III New Construction and Alterations, respectively.
Cover of FHA Design Manual
Standard 233 covers the scoping requirements specifically for residential facilities subject to the Americans with Disabilities Act of 1990, as expressed in the 1991 ADA Standards and the 2010 ADA Standards. Standard 233 is not a stand-alone requirement in the ADA. Standard 233 only addresses the minimum number of residential dwelling units within a facility required to comply with Standard 809 of the 2010 ADA Standards. Other Standards within the 2010 ADA Standards apply to residential dwelling units as well. Furthermore, the facilities covered by Standard 233, as well as other facilities not covered by this Standard, may also be subject to other Federal laws such as the Fair Housing Act (FHA) and Section 504 of the Rehabilitation Act of 1973, as amended. The FHA and Section 504 are promulgated by the US Department of Housing and Urban Development (HUD). The graphic above shows the FHA Design Manual.
Federal regulations 28 CFR 35.151(e) and (f) and, 28 CFR 36.406(d) and (e), have similar language regarding residential dwelling units as follows:
Social service center establishments. Group homes, halfway houses, shelters, or similar social service center establishments that provide either temporary sleeping accommodations or residential dwelling units that are subject to this section shall comply with the provisions of the 2010 Standards applicable to residential facilities, including, but not limited to, the provisions in sections 233 and 809.
(1) In sleeping rooms with more than 25 beds covered by this section, a minimum of 5% of the beds shall have clear floor space complying with section 806.2.3 of the 2010 Standards (p. 209).
(2) Facilities with more than 50 beds covered by this section that provide common use bathing facilities shall provide at least one roll-in shower with a seat that complies with the relevant provisions of section 608 of the 2010 Standards (p. 174). Transfer-type showers are not permitted in lieu of a roll-in shower with a seat, and the exceptions in sections 608.3 and 608.4 (pp. 177 and 178) for residential dwelling units are not permitted. When separate shower facilities are provided for men and for women, at least one roll-in shower shall be provided for each group.
Housing at a place of education. (3) Apartments or townhouse facilities that are provided by or on behalf of a place of education, which are leased on a year-round basis exclusively to graduate students or faculty, and do not contain any public use or common use areas available for educational programming, are not subject to the transient lodging standards and shall comply with the requirements for residential facilities in sections 233 and 809 of the 2010 Standards.
Based on the above provisions, privately owned homes are not included as a residential dwelling unit within the ADA. However, privately owned homes, townhomes, or condominiums bought from a development that was built using federal funds must comply with Section 504 requirements for dwelling units. Group homes, halfway houses, shelters, or similar social service center establishments that provide either temporary sleeping accommodations or residential dwelling units for grad students or faculty at places of education do qualify as residential dwelling units within the ADA. Even though the word “temporary” is used here, these facilities are still considered residential dwelling units.
Standard 233 Scoping Requirements
2010 ADA Standard 233.2, Residential Dwelling Units Provided by Entities Subject to HUD Section 504 Regulations, states, “Where facilities with residential dwelling units are provided by entities subject to regulations issued by the Department of Housing and Urban Development (HUD) under Section 504 of the Rehabilitation Act of 1973, as amended, such entities shall provide residential dwelling units with mobility features complying with [Standards] 809.2 through 809.4 in a number required by the applicable HUD regulations. Residential dwelling units required to provide mobility features complying with [Standards] 809.2 through 809.4 shall be on an accessible route as required by [Standard] 206. In addition, such entities shall provide residential dwelling units with communication features complying with [Standard] 809.5 in a number required by the applicable HUD regulations. Entities subject to Standard 233.2 shall not be required to comply with Standard 233.3”
HUD Section 504 applies to programs and activities that receive financial assistance from any federal executive department or agency. This pulls in a wide range of organizations such as hospitals, mental health centers, public housing authorities and colleges. Section 504 also applies to federal executive departments, agencies and the U.S. Postal Service. Entities with facilities built or operated using funds from the federal government must comply with HUD Section 504. This document will need to be referenced for rules regarding residential dwelling units.
2010 ADA Standard 233.3, Residential Dwelling Units Provided by Entities Not Subject to HUD Section 504 Regulations, states, “Facilities with residential dwelling units provided by entities not subject to regulations issued by the Department of Housing and Urban Development (HUD) under Section 504 of the Rehabilitation Act of 1973, as amended, shall comply with [Standard] 233.3.”
2010 ADA Standard 233.3.1 cover requirements for minimum number of residential dwelling units with mobility and/or communication features in new construction. The exception to these requirements is that where facilities contain 15 or fewer residential dwelling units, the requirements of [Standards] 233.3.1.1 and 233.3.1.2 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.
2010 ADA Standard 233.3.1.1, Residential Dwelling Units with Mobility Features, states, “In facilities with residential dwelling units, at least 5 percent, but no fewer than one unit, of the total number of residential dwelling units shall provide mobility features complying with [Standards] 809.2 through 809.4 and shall be on an accessible route as required by [Standard] 206.” Mobility refers to a limited ability to walk. Mobility features include accessible routes, turning spaces, kitchens, toilet rooms and bathing rooms. The graphic below is representative of turning spaces options.
Options for Turning Spaces
The diagram below is representative of an accessible route through a residential dwelling unit.
Accessible Interior Route in Residential Dwelling Unit
Fire Alarm with Visual and Audible Warning
2010 ADA Standard 233.3.1.2, Residential Dwelling Units with Communication Features, states, “In facilities with residential dwelling units, at least 2 percent, but no fewer than one unit, of the total number of residential dwelling units shall provide communication features complying with [Standard] 809.5.” Communication limitation refers to hearing and vision impairments. Communication features include building fire alarm systems, dwelling unit fire alarms, dwelling unit smoke detection systems, dwelling unit primary entrance notification system, and closed circuit systems with voice communication for site, building or floor entrance. The graphic above is representative of a fire alarm with audible and visual warnings.
2010 ADA Standard 233.3.2, [Units Not Subject to HUD 504] Residential Dwelling Units for Sale, states, “Residential dwelling units offered for sale shall provide accessible features to the extent required by regulations issued by Federal agencies under the Americans with Disabilities Act or Section 504 of the Rehabilitation Act of 1973, as amended.” So a public entity that conducts a program to build housing for purchase by individual home buyers must provide access according to the requirements of the ADA regulations and, a program receiving Federal financial assistance must comply with the applicable HUD Section 504 regulations.
2010 ADA Standard 233.3.3, [Units Not Subject to HUD 504] Additions, states, “Where an addition to an existing building results in an increase in the number of residential dwelling units, the requirements of [Standard] 233.3.1 shall apply only to the residential dwelling units that are added until the total number of residential dwelling units complies with the minimum number required by [Standard] 233.3.1. Residential dwelling units required to comply with [Standard] 233.3.1.1 shall be on an accessible route as required by [Standard] 206.” In other words, if additions result in more residential dwelling units, the requirements for minimum number of units will probably go up.
Alterations to existing facilities are covered under Standard 233.3.4. There is an exception for this Standard based on technical infeasibility where a substitute unit must be constructed in addition to the unit that does not comply with the Standards based on technical infeasibility. Other special circumstances apply in this Standard for alterations to vacated buildings and alterations to individual dwelling units.
2010 ADA Standard 233.3.5, [Units Not Subject to HUD 504] Dispersion, states, “Residential dwelling units required to provide mobility features complying with [Standards] 809.2 through 809.4 and residential dwelling units required to provide communication features complying with [Standard] 809.5 shall be dispersed among the various types of residential dwelling units in the facility and shall provide choices of residential dwelling units comparable to, and integrated with, those available to other residents.” In other words, dispersion, as always, is required within the facility housing the residential dwelling units. The exception for this Standard is where multi-story residential dwelling units are one of the types of residential dwelling units provided, one-story residential dwelling units shall be permitted as a substitute for multi-story residential dwelling units where equivalent spaces and amenities are provided in the one-story residential dwelling unit.
Other Scoping Requirements for Residential Dwelling Units within the ADA
Facilities containing residential dwelling units provided by entities subject to HUD’s Section 504 regulations and residential dwelling units covered by Standard 233.3 must also comply with the technical and scoping requirements and exceptions in Chapters 1 through 10 of the 2010 ADA Standards. Chapter 2 of the 2010 ADA Standards covers scoping. These other scoping requirements for residential dwelling units include but are not limited to the following:
2010 ADA Standard 202.3, Existing Buildings and Facilities, exception 3 for alterations, states, “Residential dwelling units not required to be accessible in compliance with a standard issued pursuant to the Americans with Disabilities Act or Section 504 of the Rehabilitation Act of 1973, as amended, shall not be required to comply with [Standard] 202.3.” Not all residential dwelling units have to be accessible as defined by the ADA. If a dwelling unit is required to be accessible, it must remain accessible after an alteration.
2010 ADA Standard 202.4, Alterations Affecting Primary Function Areas, has an exception that does not require a residential dwelling unit to be altered if it is on the route to a primary function area that is altered. Normally, when a primary function area is altered and made accessible, the route to the primary function area, and the elements along the route, have to be made accessible as well, within some limits. But not a residential dwelling unit.
2010 ADA Standard 203.8, [General Exceptions] Residential Facilities, states, “In residential facilities, common use areas that do not serve residential dwelling units required to provide mobility features complying with [Standards] 809.2 through 809.4 shall not be required to comply with these requirements or to be on an accessible route.” In other words, not all common use areas have to be on an accessible route.
2010 ADA Standard 206.2.3, [Accessible Route, Multi-Story Buildings and Facilities] exception 4, states, “In residential facilities, an accessible route shall not be required to connect stories where residential dwelling units with mobility features required to comply with [Standards] 809.2 through 809.4, all common use areas serving residential dwelling units with mobility features required to comply with [Standards] 809.2 through 809.4, and public use areas serving residential dwelling units are on an accessible route.” In other words, if all dwelling units with mobility features and all common use areas and all public use areas are already on an accessible route, there is not a requirement to install an accessible route between floors. Like an elevator.
2010 ADA Standard 206.4.6, Residential Dwelling Unit Primary Entrance, states, “In residential dwelling units, at least one primary entrance shall comply with [Standard] 404. The primary entrance to a residential dwelling unit shall not be to a bedroom.” Standard 404 covers Doors, Doorways and Gates. The graphic below is representative of an accessible doorway.
Accessible Doorway Criteria
2010 ADA Standard 206.5.4, [Doors, Doorways, and Gates] Residential Dwelling Units, states, “In residential dwelling units required to provide mobility features complying with [Standards] 809.2 through 809.4, all doors and doorways providing user passage shall comply with [Standard] 404.” In other words, all doors and doorways providing user passage in residential dwelling units with mobility features must comply with Standard 404 for doors. See the graphic above.
2010 ADA Standard 206.6, Elevators, exception 2, states, “Elevators complying with [Standards] 408 or 409 shall be permitted in multi-story residential dwelling units.” Standard 408 covers LULA elevators and Standard 409 covers Private Residence Elevators. The graphic below is representative of a residential elevator.
Residential Elevator
2010 ADA Standard 206.7.6, [Platform Lifts] Guest Rooms and Residential Dwelling Units, states, “Platform lifts shall be permitted to connect levels within transient lodging guest rooms required to provide mobility features complying with [Standard] 806.2 or residential dwelling units required to provide mobility features complying with [Standards] 809.2 through 809.4.” In other words, platform lifts can be used to connect levels within accessible residential dwelling units that have mobility features. The graphic below is representative of an accessible platform lift
Accessible Platform Lift
2010 ADA Standard 208.3.2, [Parking Spaces, Location] Residential Facilities, states, “In residential facilities containing residential dwelling units required to provide mobility features complying with [Standards] 809.2 through 809.4, parking spaces provided in accordance with [Standard] 208.2.3.1 shall be located on the shortest accessible route to the residential dwelling unit entrance they serve. Spaces provided in accordance with [Standard] 208.2.3.2 shall be dispersed throughout all types of parking provided for the residential dwelling units. EXCEPTION: Parking spaces provided in accordance with [Standard] 208.2.3.2 shall not be required to be dispersed throughout all types of parking if substantially equivalent or greater accessibility is provided in terms of distance from an accessible entrance, parking fee, and user convenience.” In other words, in all cases the accessible parking spaces need to be close to the accessible entry to the residential dwelling unit. These spaces should also be dispersed, so that if there are options of parking in carports or garages for some and outside in the elements for others, such should be the case for the accessible parking as well. Factors that could affect “user convenience” include, but are not limited to, protection from the weather, security, lighting, and comparative maintenance of the alternative parking site. The graphic below shows an accessible parking location close to a residential dwelling unit.
Accessible Parking Located Near Residential Dwelling Unit
2010 ADA Standard 216.5, [Signs] Parking, states, “Parking spaces complying with [Standard] 502 shall be identified by signs complying with [Standard] 502.6.” Exception 2 states, “In residential facilities, where parking spaces are assigned to specific residential dwelling units, identification of accessible parking spaces shall not be required.” In other words, if all parking spaces are labeled for the appropriate dwelling unit, there is no need to have a separate sign at parking spaces for disabled individuals.
2010 ADA Standard 228.2, Mail Boxes, states, “Where mail boxes are provided in an interior location, at least 5 percent, but no fewer than one, of each type shall comply with [Standard] 309. In residential facilities, where mail boxes are provided for each residential dwelling unit, mail boxes complying with [Standard] 309 shall be provided for each residential dwelling unit required to provide mobility features complying with [Standards] 809.2 through 809.4” In other words, 228.2 requires mail boxes with accessible operable parts to be within reach ranges when they serve residential dwelling units providing mobility features. The graphic below is representative of a community mailbox installation.
Community Mailbox Installation
2010 ADA Standard 229.1, [Windows] General, exception 1 states, “Glazed openings [windows] in residential dwelling units required to comply with [Standard] 809 shall not be required to comply with [Standard] 229.” Standard 229 enforces Standard 309 for operable parts and reach ranges.
2010 ADA Standard 240 applies to play areas, which are common in facilities with residential dwelling areas. The graphic below is representative of a play area.
Play Area
2010 ADA Standard 242 applies to swimming pools, which are common in facilities with residential dwelling areas.
SUMMARY
This article discusses the scoping requirements for residential dwelling units found in 2010 ADA Standard 233, other scoping Standards, 28 CFR 35.151(e) and (f), and 28 CFR 36.406(d) and (e). This topic can be complicated and confusing. Start first with funding. If federal funds are involved you are probably looking at HUD rules for the facility. If public funds are involved you are probably looking at a combination of FHA and ADA rules for the facility.
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