1

Billing Code 8150-01-P

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.

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 
2

units covered by the ADA or ABA would be required to comply with the accessibility

standards as amended.

DATES: Submit comments by [INSERT DATE 60 DAYS AFTER DATE OF 

PUBLICATION IN THE FEDERAL REGISTER]. 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 

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 website 

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.

 E-mail: 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.
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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). E-mail address: mazz@accessboard.gov. These are not toll free numbers. 

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble 

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
4

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 
5

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 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

Major Proposed 

Provisions Summary Justification - Benefits

Scoping

233.3.1.2

F233.3.1.2

F233.4.1.2 

Existing scoping provisions 

applicable to facilities with 

residential dwelling units 

provided by entities not 

subject to regulations issued 

by HUD under Section 504 

of the Rehabilitation Act 

currently require at least 5 

percent of the units to 

provide mobility features. 

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 proposed new 

scoping provisions would 
6

These scoping provisions 

currently apply to emergency

transportable housing 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.

allow for flexibility to 

provide emergency

transportable housing units 

with mobility features based 

on assessed needs. 

Ramps 

Exception 2 to 405.2

Exception to 405.6

The proposed new exceptions 

to the technical provisions for 

ramps would permit a steeper 

and longer entry ramp for

single unit installations of 

emergency transportable 

housing units at private home 

sites where existing physical 

or site constraints would 

prohibit the installation of an 

entry ramp that complies 

with the technical provisions

for ramps. 

The floor level of emergency

transportable housing units is 

elevated above the ground. 

Ramps are installed at the 

entrances to units with 

mobility features. If 

sufficient space is not 

available on a private home 

site to install an entry ramp 

that complies with the 

technical provisions for 

ramps, a unit with mobility

features may not be provided 

at 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 
7

are rebuilt and avoid 

relocation to a group site.

Kitchen Work Surface 

Exception to 804.3 

The proposed new exception 

would permit a kitchen table 

complying with the technical 

provisions for tables, all 

kitchen counter tops at 34 

inches high maximum, and 

an electrical outlet within 

reach of the table to be 

provided instead of a kitchen 

work surface complying with

the technical provisions for 

kitchen work surfaces.

Kitchens in emergency

transportable housing units 

have limited storage space. 

A kitchen work surface 

complying with the technical 

provisions for kitchen work 

surfaces would reduce the 

storage space. The proposed 

new exception would provide 

accessible kitchen work 

surfaces for individuals with 

mobility disabilities without 

reducing the storage space.

Kitchen Counter Top 

Electrical Outlets 

Exception 3 to 205.1

Exception 3 to F205.1

Existing exceptions currently

permit one of the electrical 

outlets provided above a 

length of kitchen counter top 

that is uninterrupted by a sink 

or appliance to not comply

with the technical provisions 

for operable parts. The 

proposed rule would amend

these exceptions so they

would not 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.

Kitchens in emergency

transportable housing units 

have fewer electrical outlets

than kitchens in other types 

of residential dwelling units. 

The proposed amendments to 

the existing exceptions would 

make all the electrical outlets 

accessible to and usable by

individuals with mobility

disabilities. 

Water Shut-Off Valve 

Exception 11 to 205.1

Exception 11 to F205.1

The proposed new exceptions 

would permit a single water 

shut-off valve complying 

with the technical provisions 

for clear floor space and 

reach ranges to be provided 

in emergency transportable 

housing units required to 

provide mobility features. 

Space constraints in 

emergency transportable 

housing units can limit access 

to water shut-off valves in 

kitchens and bathrooms. The 

proposed new exceptions 

would provide access to a 

single water shut-off valve 

for individuals with mobility

disabilities.

Kitchen Sink Water 

Spray Unit 

606.4 

The proposed new provision 

would require a water spray

unit to be provided at the 

The proposed new provision 

would facilitate dish washing 

by individuals with limited 
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kitchen sink in emergency

transportable housing units 

required to provide mobility

features. 

reach and dexterity.

Folding Seat in Roll-In

Shower 

608.4

The proposed new provision 

would require a folding seat 

to be provided in a roll-in 

shower in emergency

transportable housing units 

required to provide mobility

features. 

The proposed new provision 

would enable individuals 

with mobility disabilities to 

use roll-in showers if shower 

chairs are unavailable in the 

aftermath of a disaster.

Bedrooms

809.2.4.1 

809.2.4.2 

The proposed new provisions

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; 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. 

The proposed new provisions

would make the bedrooms

accessible to and usable by

individuals with mobility

disabilities.

Bedroom Lighting 

Control 

809.2.4.3

The proposed new provision 

would require a means to 

control at least one source of 

lighting in the bedroom from 

the bed in emergency

transportable housing units 

required to provide mobility

features. 

Bedrooms in emergency

transportable housing units 

typically provide overhead 

lighting controlled by a wall 

switch near the bedroom 

door. The proposed new 

provision would result in 

providing a bedside 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 
9

safely.

Weather Alert Systems 

809.2.5 

The proposed new provision 

would require weather alert 

systems provided in 

emergency transportable 

housing units required to 

provide mobility features to 

comply with the technical 

provisions for clear floor 

space and reach ranges. 

The proposed new provision 

would make the weather alert 

systems accessible to and 

usable by individuals with 

mobility disabilities.

Emergency Transportable Housing Units Required to Provide Communication 

Features

Major Provisions Summary Justification - Benefits

Scoping

233.3.2.2

F233.3.2.2

F233.4.2.2 

Existing scoping provisions 

applicable to facilities with 

residential dwelling units 

provided by entities not 

subject to regulations issued 

by HUD under Section 504 

of the Rehabilitation Act 

currently require at least 2 

percent of the units to 

provide communication 

features. These scoping 

provisions currently apply to 

emergency 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 

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 proposed new scoping 

provisions would allow for 

flexibility to provide 

emergency transportable 

housing units with 

communication features 

based on assessed needs. 
10

individuals who are deaf or 

have a hearing loss and need 

units with communication 

features are provided such 

units.

Residential Dwelling 

Unit Smoke Alarms 

809.3.1.2

The proposed new provision 

would require residential 

dwelling unit 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. 

The proposed new provision

is consistent with the 

National Fire Protection 

Association (NFPA) 72 

National Fire Alarm Code. It

would ensure that residential 

dwelling unit smoke alarms 

with built-in visible alarms 

have a secondary power 

source in the event the 

primary power source fails so 

that 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 require weather alert 

systems provided in 

emergency transportable 

housing units required to 

provide communication 

features to provide both 

audible and visible output. 

The proposed new provision 

would make the weather alert 

systems accessible to and 

usable by individuals who are 

deaf or have a hearing loss.

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 websites of state agencies and nongovernmental organizations that provide 
11

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 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.
12

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 

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 

 

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.
13

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.

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, 

 

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.
14

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 website 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 

 

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. 
15

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

 

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.

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 

 

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,

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. 
16

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 slideouts 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 
17

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 
18

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. 
19

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 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® (NEC) requires electrical outlets in kitchens to be 

installed every four feet and within 24 inches of a corner. This can result in at least one 
20

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.
21

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 
22

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
23

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 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. 
24

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 Provided

 by Entities Subject to HUD Section

 504 Regulations

233.2 Residential Dwelling Units Provided

 by Entities Subject to HUD Section

 504 Regulations

233.3 Residential Dwelling Units Provided

 by Entities Not Subject to HUD

 Section 504 Regulations

233.3.1 Residential Dwelling Units with

233.3 Residential Dwelling Units Provided

 by Entities Not Subject to HUD

 Section 504 Regulations

233.3.1 Minimum Number: New 
25

 Mobility Features 

233.3.1.1 Facilities Other Than Those

 Containing Emergency

 Transportable Housing Units

233.3.1.2 Facilities Containing Emergency

 Transportable Housing Units 

233.3.2 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

 Construction

233.3.1.1 Residential Dwelling Units with

 Mobility Features

233.3.1.2 Residential Dwelling Units with

 Communication Features

233.3.3 Residential Dwelling Units for Sale 233.3.2 Residential Dwelling Units for Sale

233.3.4 Additions 233.3.3 Additions

233.3.5 Alterations

233.3.5.1 Alterations to Vacated Buildings

233.3.5.2 Alterations to Individual 

 Residential Dwelling Units

233.3.4 Alterations

233.3.4.1 Alterations to Vacated Buildings

233.3.4.2 Alterations to Individual 

 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 

Provided

 by HUD or Through Grant or Loan 

 Programs Administered by HUD

F233.2 Residential Dwelling Units 

Provided

 by HUD or Through Grant or Loan 

 Programs Administered by HUD

F233.3 Residential Dwelling Units 

Provided

 on Military Installations

F233.3.1 Residential Dwelling Units with

 Mobility Features

F233.3.1.1 Facilities Other Than Those

 Containing Emergency

 Transportable Housing Units

F233.3.1.2 Facilities Containing 

Emergency

 Transportable Housing Units 

F233.3.2 Residential Dwelling Units with

 Communication Features

F233.3.2.1 Facilities Other Than Those

 Containing Emergency

 Transportable Housing Units

F233.3.2.2 Facilities Containing 

Emergency

F233.3 Residential Dwelling Units 

Provided

 on Military Installations

F233.3.1 Minimum Number: New 

 Construction

F233.3.1.1 Residential Dwelling Units with

 Mobility Features

F233.3.1.2 Residential Dwelling Units with

 Communication Features
26

 Transportable Housing Units

F233.3.3 Additions F233.3.2 Additions

F233.3.4 Alterations

F233.3.4.1 Alterations to Vacated 

Buildings

F233.3.4.2 Alterations to Individual 

 Residential Dwelling Units

F233.3.3 Alterations

F233.3.3.1 Alterations to Vacated 

Buildings

F233.3.3.2 Alterations to Individual 

 Residential Dwelling Units

F233.3.5 Dispersion F233.3.4 Dispersion

F233.4 Residential Dwelling Units 

Provided

 by Other Federal Agencies or 

Through 

 Grant or Loan Programs 

Administered 

 by Other Federal Agencies

F233.4.1 Residential Dwelling Units with

 Mobility Features

F233.4.1.1 Facilities Other Than Those

 Containing Emergency

 Transportable Housing Units

F233.4.1.2 Facilities Containing 

Emergency

 Transportable Housing Units 

F233.4.2 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 Residential Dwelling Units 

Provided

 by Other Federal Agencies or 

Through 

 Grant or Loan Programs 

Administered 

 by Other Federal Agencies

F233.4.1 Minimum Number: New 

 Construction

F233.4.1.1 Residential Dwelling Units with

 Mobility Features

F233.4.1.2 Residential Dwelling Units with

 Communication Features

F233.4.3 Residential Dwelling Units for 

Sale

F233.4.2 Residential Dwelling Units for 

Sale

F233.4.4 Additions F233.4.3 Additions

F233.4.5 Alterations

F233.4.5.1 Alterations to Vacated 

Buildings

F233.4.5.2 Alterations to Individual 

 Residential Dwelling Units

F233.4.4 Alterations

F233.4.4.1 Alterations to Vacated 

Buildings

F233.4.4.2 Alterations to Individual 

 Residential Dwelling 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) 
27

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 

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.

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:

 

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.
28

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 
29

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.

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 
30

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

 

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.
31

disabilities who need emergency transportable housing units with mobility features are 

provided such units.

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

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 

 

11 U.S. Census Bureau, Americans with Disabilities:2005 (Issued December 2008) available at: 

http://www.census.gov/prod/2008pubs/p70-117.pdf. 

12

 U. S. Census Bureau, Disability Status: 2000 (Issued March 2003) available at: 

http://www.census.gov/prod/2003pubs/c2kbr-17.pdf. 
32

percentage of UFAS units that FEMA provides varies widely from disaster to disaster 

based on assessed needs. 

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.

The proposed rule would add new scoping provisions for emergency transportable 

housing units required to provide communication features at:

 

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.
33

 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 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.
34

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. 
35

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
36

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 
37

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 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)
38

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 
39

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: 
40

(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. 
41

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. 

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 
42

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.
43

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;
44

(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 
45

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 rollin 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 currently provides a folding seat in roll-in 
46

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 rollin 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:
47

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 
48

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 with 

 Mobility Features

809.2.1 Accessible Routes

809.2.1.1 Turning Space

809.2.1.2 Carpet 

809.2.2 Kitchen

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 Accessible Routes

809.2.1 Location

809.2.2 Turning Space

809.3 Kitchen

809.4 Toilet Facilities and Bathing 

Facilities
49

809.2.5 Weather Alert Systems 

809.3 Residential Dwelling Units with 

 Communication Features

809.3.1 Alarms

809.3.1.1 Building Fire Alarm System

809.3.1.2 Residential Dwelling Unit Smoke

 Alarms

809.3.1.3 Activation

809.3.2 Residential Dwelling Unit Primary

 Entrance

809.3.2.1 Notification

809.3.2.2 Identification

809.3.3 Site, Building, or Floor Entrance

809.3.4 Weather Alert Systems 

809.5 Residential Dwelling Units with 

 Communication Features

809.5.1 Building Fire Alarm System

809.5.1.1 Alarm Appliances

809.5.1.2 Activation

809.5.2 Residential Dwelling Unit Smoke

 Alarms

809.5.2.1 Activation

809.5.3 Interconnection

809.5.4 Prohibited Use

809.5.5 Residential Dwelling Unit Primary

 Entrance

809.5.5.1 Notification

809.5.5.2 Identification

809.5.6 Site, Building, or Floor Entrance

809.2 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. 
50

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
51

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., TTurn 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 
52

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:
53

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 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. 
54

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 builtin 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
55

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 non-institutionalized 

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;
56

 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

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 

 

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. 
57

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 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. 

Proposed Provisions FEMA Unit Cost Estimates

Kitchen Counter Top Electrical Outlets 

Exception 3 to 205.1 and F205.1 $150 - $500

Single Water Shut-Off Valve 

Exception 11 to 205.1 and F205.1 $200 - $500

Kitchen Sink Water Spray Unit 

606.4 $75

Bedroom Lighting Control 

809.2.4.3 $60

Total $485 - $1,135
58

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

Year

Number of

Disasters

Total Units 

Deployed

UFAS

Units

Other 

Units

Percentage 

UFAS Units

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%
59

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.
60

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. 
61

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 websites 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 
62

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 
63

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.