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 technical requirements for residential dwelling units found in the 2010 ADA Standards. Standard 809 is the primary Standard for technical requirements for residential dwelling units. However, many other Standards also have requirements, exceptions, or comments regarding residential dwelling units. Standard 809 can be broken down into two categories, mobility features and communication features. These technical requirements are incorporated with the scoping requirements found in Chapter 2 of the 2010 ADA Standards.

The facilities with residential dwelling units that are covered by the 2010 ADA Standards 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 on the right shows the FHA Design Manual.

2010 ADA Standard 809

2010 ADA Standard 809.1, [Residential Dwelling Units] General, states, “Residential dwelling units shall comply with [Standard] 809. Residential dwelling units required to provide mobility features shall comply with [Standards] 809.2 through 809.4. Residential dwelling units required to provide communication features shall comply with [Standard] 809.5.” Mobility features are for individuals with limited walking abilities. Communication features are for individuals with limited hearing and vision.

Mobility Features

Mobility features can be broken down into accessible routes, turning spaces, kitchens, and bathrooms.

2010 ADA Standard 809.2, [Residential Dwelling Units] Accessible Routes, states, “Accessible routes complying with Chapter 4 shall be provided within residential dwelling units in accordance with [Standard] 809.2.” Accessible routes are typically defined by width, slope, surface conditions, etc. There is an exception for this Standard that says accessible routes are not required to or within unfinished attics or unfinished basements.

2010 ADA Standard 809.2.1, [Residential Dwelling Units] Location, states, “At least one accessible route shall connect all spaces and elements which are a part of the residential dwelling unit. Where only one accessible route is provided, it shall not pass through bathrooms, closets, or similar spaces.” The graphic below is representative of an accessible route in a residential dwelling unit.

2010 ADA Standard 809.2.2, [Residential Dwelling Units] Turning Space, states, “All rooms served by an accessible route shall provide a turning space complying with [Standard] 304.” There is an exception to this Standard that says a turning space is not required in exterior spaces 30 inches (760 mm) maximum in depth or width. The graphic below shows the options for turning spaces. The term “rooms” includes half-baths, laundry rooms but not laundry closets, and walk-in closets but not reach-in closets.

2010 ADA Standard 809.3, [Residential Dwelling Units] Kitchen, states, “Where a kitchen is provided, it shall comply with [Standard] 804.” Standard 804 is quite extensive and detailed. The basic designs of kitchens include U-shaped and pass-through kitchens. See the graphic below.

2010 ADA Standard 809.4, [Residential Dwelling Units] Toilet Facilities and Bathing Facilities, states, “At least one bathroom shall comply with [Standard] 603. No fewer than one of each type of fixture provided shall comply with applicable requirements of [Standards] 603 through 610. Toilet and bathing fixtures required to comply with [Standards] 603 through 610 shall be located in the same toilet and bathing area, such that travel between fixtures does not require travel between other parts of the residential dwelling unit.” Bathrooms, like kitchens, can be very complicated. The graphic below is representative of a bathroom installation in a residential dwelling unit. The graphic shows the clear spaces required for the different elements.

Communication Features

Communication features can be broken down into smoke/fire alarms and primary entrance communication devices. Requirements for communication features are covered in 2010 ADA Standard 809.5, Residential Dwelling Units with Communication Features.

2010 ADA Standard 809.5.1, Building Fire Alarm System, states, “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 detection system.” In other words, if the building has a fire alarm system, that system should reach into the dwelling unit to the same area of the smoke detector in the dwelling unit.

2010 ADA Standard 809.5.1.1, Alarm Appliances, states, “Where alarm appliances are provided within a residential dwelling unit as part of the building fire alarm system, they shall comply with [Standard] 702.” Standard 702 incorporates the NFPA code discussed below.

2010 ADA Standard 809.5.1.2, [Units with Communication Features] Activation, states, “All visible alarm appliances provided within the residential dwelling unit for building fire alarm notification shall be activated upon activation of the building fire alarm in the portion of the building containing the residential dwelling unit.” In other words, if the building fire alarm is activated, the system(s) should be coordinated so that the dwelling unit visual smoke/fire alarms are activated also.

2010 ADA Standard 809.5.2, [Units with Communication Features] Residential Dwelling Unit Smoke Detection System, states, “Residential dwelling unit smoke detection systems shall comply with NFPA 72 (1999 or 2002 edition) (incorporated by reference, see “Referenced Standards” in Chapter 1).” NFPA 72 provides requirements on placement of smoke detection appliances and audio/visual capabilities of these appliances.

2010 ADA Standard 809.5.2.1, [Units with Communication Features] Activation, states, “All visible alarm appliances provided within the residential dwelling unit for smoke detection notification shall be activated upon smoke detection.” In other words, if there are two or more visible alarms in the dwelling unit, they all should activate for smoke detection, not just the one detecting the smoke.

2010 ADA Standard 809.5.3, [Units with Communication Features] Interconnection, states, “The same visible alarm appliances shall be permitted to provide notification of residential dwelling unit smoke detection and building fire alarm activation.” In other words, the strobe lights for the smoke/fire alarm in a residential dwelling can be used by both systems, dwelling and building.

2010 ADA Standard 809.5.4, [Units with Communication Features] Prohibited Use, states, “Visible alarm appliances used to indicate residential dwelling unit smoke detection or building fire alarm activation shall not be used for any other purpose within the residential dwelling unit.” In other words, the smoke/fire alarm strobe lights in a dwelling unit cannot be used for a light source in a power failure.

Primary Entrance

Primary entrance communication features can include a door bell, a window, peep hole or camera, and two-way communication devices. These devices are covered in 2010 ADA Standard 809.5.5, Residential Dwelling Unit Primary Entrance.

2010 ADA Standard 809.5.5.1, [Residential Dwelling Unit Primary Entrance] Notification, states, “A hard-wired electric doorbell shall be provided. A button or switch shall be provided outside the residential dwelling unit primary entrance. Activation of the button or switch shall initiate an audible tone and visible signal within the residential dwelling unit. Where visible doorbell signals are located in sleeping areas, they shall have controls to deactivate the signal.” In other words, accessible residential dwelling units must have a doorbell [switch] that activates an audible tone and a visible light inside the dwelling unit.

2010 ADA Standard 809.5.5.2, [Residential Dwelling Unit Primary Entrance] Identification, states, “A means for visually identifying a visitor without opening the residential dwelling unit entry door shall be provided and shall allow for a minimum 180 degree range of view.” This can be a window, peep hole, or camera. Peepholes that include prisms clarify the image and should offer a wide-angle view of the hallway or exterior for both standing persons and wheelchair users. Such peepholes can be placed at a standard height and permit a view from several feet from the door.

2010 ADA Standard 809.5.6, [Residential Dwelling Units with Communication Features] Site, Building, or Floor Entrance, states, “Where a system, including a closed-circuit system, permitting voice communication between a visitor and the occupant of the residential dwelling unit is provided, the system shall comply with [Standard] 708.4.” Standard 708.4 covers Residential Dwelling Unit Communication Systems including such features as voice and teletype systems and phone jacks. The graphic on the right is representative of a two-way communication panel.

Other Notable Standards for Residential Dwelling Units

There are other Standards that apply to residential dwelling units. Some of these Standards originate in the scoping Standards of Chapter 2 of the 2010 ADA Standards. Examples are shown below for doors, platform lifts, parking, and windows. The applicable Standard is shown in parentheses.

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. (206.5.4) In other words, all doors and doorways providing user passage in residential dwelling units with mobility features must comply with Standard 404 for doors. The graphic below is representative of the requirements in Standard 404.

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. (206.7.6) 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.

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. (208.3.2)

In other words, in most cases the accessible parking spaces need to be close to the accessible entry to the residential dwelling unit. These spaces should also be dispersed, taking into consideration the accessible entrance, any parking fees, and user convenience. 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.

Glazed openings [operable windows] in residential dwelling units required to comply with Standard 809 shall not be required to comply with Standard 229. (229.1, exc 1) Standard 809 requires mobility and communication features in residential dwelling units and Standard 229 enforces Standard 309 for operable parts and reach ranges.

SUMMARY

This article discusses the technical requirements for residential dwelling units found in 2010 ADA Standards. Standard 809 is the primary Standard for technical requirements for residential dwelling units; however, several other Standards have requirements for residential dwelling units as well. These requirements can be complicated.

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If you observe a facility that is not ADA compliant and you would like to know how to proceed, please see the link at What To Do When A Building Is Not ADA Compliant or Accessible.

ADA Inspections Nationwide, LLC, offers ADA/ABA/FHA accessibility compliance inspections for buildings and facilities, as applicable to the different laws, and expert witness services with respect to ADA/ABA/FHA laws for building owners, tenants and managers. Also, ADAIN offers consulting for home modifications as a CAPS consultant for people wishing to age in place in their homes. For a complete list of services please see ADAIN Services.

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