1

**Billing Code 8150 -**  **01 -**  **P ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE**  **BOARD 36 CFR Part 1191**  **[Docket No. ATBCB -**  **2012 -**  **000 4**  **] RIN 3014**  **- AA39**  **Am ericans with Disabilities Act (ADA) and**  **Archi te**  **ctural Barriers Act (A B**  **A) 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) propos es to amend the Americans with Disabilities Act (ADA) and Architectural Barriers Act (ABA) Accessibility Guidelines to specificall y address emergency transportable housing units that are provided by the Federa l 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 new ly constructed and altered emergency

transportable housing units covered b y the ADA or ABA are readil y 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 b y 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 housing2

units covered b y the ADA or ABA would be required to comply with the accessibility standards as amended. **DATES:** Submit comments by [I NSERT DATE 6 0 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 Kath y J ohnson at (202) 272

- 00041 (voice), (202) 272

- 0065 (TTY), or johnson@acc ess - board.gov . Witness es can testify in person or b y telephone. More information and an y updates to the hearings will be posted on the Access Board’s website at http://www.access

- board.gov/eth/

. **ADDRESSES:** Submit comments by an y 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

- 000 4

.

 E

- mail: docket @access

- board.gov . Include docket number ATBCB

- 2012

- 000 4 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, S uite 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, 13 3 1 F Street, NW, Suite 800, Washington, DC 20004.3

**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

– 00 76 (TTY). E

- mail address: mazz@access

board.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 . I ssues Discussed by the Advisory Committee That Are Not Addressed in the Proposed Rule 6 . Discussion of Proposed Amendments 7 . Regulatory

Anal ys es **1. Public**  **Pa rticipation 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. I nstructions for submitting and viewing comments are provided abo ve 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 Guidelines4 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 b y the Americans with Disabilities Act ( ADA ) or the A rchitectural 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 b y the ADA or ABA that are consistent with the ADA and ABA Accessibility Guidelines

. Newl y constructed and altered facilities covered b y the ADA or ABA are required to comply with the accessibility standards issued b y the other agencies. The ADA and ABA Accessibility Guidelines contain scoping and technical provisions for residential dwelling units

. The s coping 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 ty pe of unit. The t echnical provisions specify the design criteria for accessible features within the units

. Purpose of Proposed Rule E mergency

transportable housing units provided by t he 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

. Emergenc y transportable5

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 deploy ed 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 roadway s , which results in size and space limitations. E mergency transportable housing units provided in the aftermath of Hurricanes Katrina and Rita ty picall y were about 4 00 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 bath rooms 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 table s 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 E xisting s coping provisions applicable to facilities with residential dwelling units provided b y entities not subject to regulations issued by HUD under Section 504 of the Rehabilitation Act currentl y require at least 5 percent of the units to provide mobility

featu res. When individuals and

households apply

for temporary

housing assistance from FEMA, their needs are assessed and they

are assigned emergency transportable h ousing units based on their assessed needs. The proposed new scoping provisions would6 These scoping provisions currentl y appl y to emergency transportable housing units. The p roposed n ew scoping provisions would require emergency

transportable housing units with mobility features to be provided in accordance with regulations implementi ng Section 504 of the Rehabilitation Act, the Robert T. Stafford Disaster Relief and Emergen cy 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 need s .

Ramps Exception 2 to 405.2 Exception to 405.6 The p roposed n ew 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 ph ys ical or site constraints would prohibit the installation of a n entry ramp that compl ies 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 u nits with mobility features. If sufficient space is not available on a private home site to install a n 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 homes7 are rebuilt and avoid relocation to a group sit e . Kitchen Work Surface Exception to 804.3 The p roposed new exception would permit a kitchen table comply ing 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 comply ing with the technical provisions for kitchen work surfaces

. Kitchens in emergency transportable housing units have limited storage space. A kitchen work surface comply ing with the technical pr ovisions 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 T op Electrical Outlets Exception 3 to 205.1 Exception 3 to F205.1 E xisting exceptions currently permit one of the electrical outlet s provided above a length of kitchen counter top that is un interrupted 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 cabinet s. Kitchens in emergency transportable housing units have fewer electrical outlets than kitchens in other t yp es 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 p roposed new exceptions would permit a single water shut

- off valve comply ing 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 shu t
- off valve for individuals with mobility disabilities. Kitchen Sink Water Spray Unit 606.4 The p roposed new provision would r equire a water spray unit to be provided at the The proposed new provision would facilitate dish washing by individuals with limited8 kitchen sink in emergency transportable housing units required to provide mobility features. reach and dexterity

.
Folding Seat in Roll

- In Shower 608.4 The p roposed 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 showe r s if shower chairs are unavailable in the aftermath of a disaster. Bedroom s 809.2.4.1 809.2.4.2 The p roposed new provision s would :  Require c lear floor space positioned for a parallel approach to be located on one side of a bed and to be on an accessible route; and  P rohibit accessible routes, maneuvering clearances, and turning spaces in bedrooms less than 70 square feet from overlapping space occupied b y furniture supplied with the unit in emergency transportable housing units required to provide mobility features

. The proposed new provision s would make the bedroom s accessible to and usabl e by individuals with mobility disabilities.

Bedroom Li ghting Control 809.2.4.3 The p roposed 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 e mergency transportable housing units ty picall y provide overhead lighting controlled b y 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 devi ce that can be operated from the bed so individuals with mobility disabilities can transfer in and out of bed9 safel y.

Weather Alert S ys tems 809.2.5 The p roposed new provision would require weather alert sy stems 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 sy stems accessible to and usabl e 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 s coping provisions applicable to facilities with residential dwelling units provided b y entities not subject to regulations issued by HUD under Section 504 of the Rehabilitation Act currentl y require at least 2 percent of the units to provide communication features. These scoping provisions currentl y apply to emergency

transportable housing units. The p roposed 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 tha t 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 p roposed 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 . I t 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 activat ed. Weather Alert S ys tems 809.3.4 The p roposed new provision would require weather alert sy stems 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 sy stems accessible to and usabl e by individuals who are deaf or have a hearing loss.

Entities Affected b y Proposed Rule The Robert T. Stafford Disaster Relief and Emergency Assistance Act authorizes FEMA to provide t emporary 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 p rovides 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 provide11

services in response to disaster s did not s how that these entities currently provide emergen cy

transportable housing units

. Question 1. Do state, local, or tribal government s or nongovernmental organizations provide emergency transportable housing units in response to disaster s ? 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 41 53. 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 Guide lines, newl y 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/inde x.htm

. The regulatory assessment estimates the additional costs that would be incurred b y FEMA assuming HUD updates its accessibility standards for residential facilities to be consistent with the ADA and ABA Accessibility Guidelines , as amended by the pr oposed rule . The additional costs that would be incurred b y FEMA are discussed in the Regulatory Analy ses section of the preamble. Based on the regulatory

assessment, the Access Board has determined that the proposed rule is not an economically significa nt 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 b y 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 s tate and local government facilities, and Title III of the ADA covers public accommodation s and commercial facilities. See 42 U.S.C. 12101 et seq. The Department of Justice ( DOJ ) and Department of Transportation ( DOT ) are required to issu e enforceable accessibility standards for the construction and alteration of facilities covered b y 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 b y 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 A DA; 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 b y 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 A B A

. 4 HUD’s current accessibility standards for residential facilities covered b y the ABA are the Uniform Federal Accessibility Standards (UFAS)

. 5 HUD plans to update its accessibility standards for residential facilities covered b y the ABA to be consistent with the ADA and ABA Accessibility

Guidelines. The f ederal agenc ies that issu e accessibility standards for facilities covered by the ADA or ABA are represented on the Access Board. They were involved in the development of th e proposed rule to minimize any differences between the proposed rule and eventual update s to their accessibility standards. FEMA also was involved in the development of the proposed rule. **4 .**  **Advisory Committee** In August 2007, t he 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 s tandards for the other facilities covered by the ABA.
4 See DOD Memorandum on Access for People w ith Disabilities (October 31, 2008) available at: http://www.access

- board.gov/ada

- aba/dod

- me mo randum.htm for DOD’s accessibility standards; 39 CFR 254 .1 and 254.2 for USPS ’ accessibility standards ; and 41 CFR 102

- 76.6 0 through 102

- 76.85 for GSA ’s accessibility standards

. 5 See 24 CFR 40.4 for HUD’s acce ssibility standards

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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 Katri na 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** T he 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 represent ing individuals with disabilities who have multiple chemical sensitivities. The committee discussed issues related to the indoor environmental quality of emergency transportable housing units , particularl y the formaldehyde levels in the units , but did not reach a consensus on the issues

. Formaldeh yd e is present in many products used in homes. P ressed wood products containing formaldeh yd e - based resins used in const ruction and furnishings are the primary contributors of household airborne formaldehy de. Prolonged exposure to elevated levels of formaldehy de can cause health risks. 6 At FEMA’s request, t he 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 samp le of travel trailers, park models , and manufactured homes in L ouisiana and Mississippi in December 2007 and January 2008

. T he average level of formaldehy de 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 M anufactured H ome C onstruction and S afet y S tandards, which include formaldehy de emission levels for ply

wood and particleboard materials installed in such homes. See 24 CFR 3280.308. T he Formaldehy de Standards for Composite Wood Products Act , which was enacted into law on July 7, 2010 , establishes limits for formaldehy de emissions from composite wood products, including hardwood plywood, medium

- density fiberboard, and particleboard. See 15 U.S.C. 2697. The composite wood products formaldehy de standards in the law mirror the standards p reviously established b y 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 formaldehy de levels in emergency

transportable h ousing 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. Th i s feature is known as a “slide

- out
. ” T he advisory committee was concerned that if

7 Results of Indoor Air Quality Testing Of Trailers and Mobile Homes for Form aldehyde in Mississippi and Louisiana , FEMA (June 2009) av ailable 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/rega ct/2007/compwood07/compwood07.htm

.16

slide

- out s 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 i n 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

. T he 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 . W ith careful design and installation , slide

- outs can meet these provisions

. S ome sli de

- outs need to be cy cled periodicall y for preventative maintenance

. This maintenance operation could be difficult for occupants with disabilities to perform

. Committee m embers representing manufacturers noted that electric and h yd raulic slide

outs do not need to be cy cled

. T he committee recommend ed that slide outs should be allowed in emergency

transportable housing units required to provide mobility features only where t he manufacturer’s warrant y indicates that the slide

- out does not need to be cy cle d 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

. S lide

- outs are a useful design option given the space constraints within emergency

transportable housing units. Although some slide

- out s need to be cy cled periodicall y for preventative maintenance , the housing provider can perform this maintenance operation

. T he technical provi sions for floor surfaces and changes in level in 302 and 30 3 of the ADA and ABA Accessibility Guidelines apply

to every ty

pe of17

facilit y . I t is not necessary to amend these provisions to specificall y appl y to emergency transportable housing units required to provide mobility features

. **6 .**  **Discussion of Proposed Am**  **endments** 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 l ifts, 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) A BA C h apters 1 and 2 (Appendix C to 36 CFR Part 1191) ADA Chapters 1 and 2 contain application and scoping provisions for facilities covered b y 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 b y 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 propose d to the application and scoping provisions in ADA Chapters 1 and 218

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 instal led 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, emerg ency

transportable housing units are considered a ty pe of residential dwelling unit. The proposed definition would consider emergency transportable housing units as

a ty pe 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 representi ng 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

. R ecreational 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 the y are designed primaril y 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 ty picall y are installed on private home sites while residents repair permanent dwellings that were rendered uninhabitable b y 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 currentl y require o perable parts located on accessible elements and accessible routes and in accessible rooms and spaces to compl y with the technical provisions for operable parts in 309 , including clear floor space , reach ranges , and operati o n. As discussed below, t he 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 comply ing with 809.2, where two or more outlets are provided in a kitchen above a length of counter top that is uninterrupted b y a sink or appliance, one outlet sha ll not be required to comply with 309. T he National Electrical Code® (NEC) requires electrical outlets in kitchen s to be installed every

four feet and within 24 inches of a corner. T h is can result in at least one20

electrical outlet installed in a location above a kitchen counter top that can not 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 b y a sink or appliance, existing Exception 3 to 205.1 and F205.1 currentl y 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 com p ly

with the technical provisions for operable parts in 309 since kitchens in such units ty pically have fewer electrical outlets than kitchens in other ty pes of residential dwelling units

. T he NEC permit s 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 extend s not more than 6 inches bey ond its base. Face

- mounted electrical outlets enable an occupant with a disability to plug small appliances into the outlet without reach ing across the counter top. T he proposed rule would amend existing E xception 3 so that it w ould 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 ty picall y are not provided. The Access Board may reconsider the proposed amendm ents 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 n ew 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 compl yi ng with 809.2 and transient lodging guest rooms not required to provide mobility features compl yi ng 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, r esidential 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 Bod y of an Emergency Tran sportable 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 bod y of emergency

transportable housing unit s required to provide mobility features from the22

technical provisions for operable parts in 309

. These controls are ty picall y for maintenance purposes and would be operated by personnel servi ci ng the unit. Excepti on 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 comply ing with 309.2 and 309.3 is provided for the entire un it. 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 flo or space in 309.2 and reach ranges in 309.3 to be provided in emergency transportable housing unit s required to provide mobility features

. Question 3

. C an 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 comply ing with the technical provisions for clear floor space in 309.2 and reach ranges in 309.3 ? A re there other controls ty

picall y provided within emergency transportable housing units that cannot compl y with an y of the technical provisions for operable parts in 309 ? 206.7 and F206.7 Platform L ifts23 These sections currentl y 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 L ifts. Plat form 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 fac ility . In emergency transportable housing units, platform lifts shall not be used at the primary entrance to a unit required to provide mobility features comply ing with 809.2. F206.7 Platform L ifts. Platform lifts shall comply with 410. Platform lifts s hall be permitted as a component of an accessible route in new construction in accordance with F 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 comply ing with 809.2. Emergency

transportable housing units ty pically are installed on constrained sites, such as in driveway s on private home sites wh ile residents re build permanent dwellings that were rendered uninhabitable b y a disaster. The floor level of the units is elevated above the ground and the units ty pically have one entrance that also serves as the only accessible means of escape from the unit in an emergency . Although safety standards ty picall y 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

d elay 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 unit s 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 transportab le 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 g uidelines

. **Proposed Renumbering of Provision s** 

**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 Sub

ject 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: New25 Mobility Features 233.3.1.1 Facilities Other Than Those

Containing Emergency Transportable Housing Units 233.3.1.2 Faciliti es 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 b y HUD F233.2 Residential Dwelling Units Provided by HUD or Through Grant or Loan P rograms Administered b y HUD F233.3 Residential Dwelling Units Provided on Military

I nstallations 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 Provide d on Military

I nstallations 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 Feat ures26 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 I ndividual

Residential Dwelling Units F233.3.3 Alterations F233.3.3.1 Alterations to Vacated Buildings F233.3.3.2 Alterations to I ndividual

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 Pr ograms 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 Resident ial 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 I ndividual

Residential Dwelling Units F233.4.4 Alterations F233.4.4.1 Alterations to Vacated Buildings F233.4.4.2 Alterations to I ndividual

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 u nits provided b y entities not subject to regulations issued by the HUD under Section 504 of the Rehabilitation Act currentl y 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 appl y 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 appl y 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 th e 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 b y 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 provision s 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 dw elling units with mo bil ity 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 compl yi ng with 809.2 shall be on an accessible route as required b y 206. 233.3.1.1 Facilities Other Than Those Containing Emergency Transportable Housing Units. At least 5 percent, but no t less than one, of the total number of residential dwelli ng units, other than emergency transportable housing units, in the facility shall provide mobility

features comply ing with 809.2. E xception : 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 em ergency

transportable housing units with mobility features comply ing 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

Assistanc e 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 with29

F233.3.1.2. All residential dwelling units required to provide mobility features comply ing 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 no t less than one, of the total number of residential dwelling units, other th an emergency transportable housing units, in the facility shall provide mobility

features comply ing with 809.2. F233.3.1.2 Facilities Containing Emergency Transportable Housing Units. Entities shall provide emergency transportable housing units with mobil ity features comply ing 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 w ith 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 transport able housing units shall comply with F233.4.1.2. Residential dwelling units required to provide mobility features comply ing with 809.2 shall be on an accessible route as required by F206. F233.4.1.1 Facilities Other Than Those Containing Emergency Transpo rtable Housing Units. At least 5 percent, but no t less than one, of the total number of residential dwelling units, other than emergency transportable housing units, in the facility shall provide mobility

features comply ing with 809.2. E xception : Where f

acilities contain 15 or fewer residential dwelling units, the requirements of F233.4.1.1 shall apply to the total number of residential dwelling units30

that are constructed under a single contract, or are developed as a whole, whether or not located on a co mmon site. F233.4.1.2 Facilities Containing Emergency Transportable Housing Units. Entities shall provide emergency transportable housing units with mobility features comply ing 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 eme rgency 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. T he 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. In stead, the committee recommended that the number of emerge ncy 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 difficult y with ambulatory activities of the lower body and 19.0 million people (8.2 percent) have difficulty with upper body

phy sical tasks;

 8.5 million people (3.7 percent) have difficulty performing one or more activities of daily

living such as getting around inside t he 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 wa lker to assist with mobility

. 11 The rate of ph ys ical disability varies by state and range d 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 com ply with UFAS, HUD’s current accessibility

standard for residential facilities. When i ndividuals 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 widel y from disaster to disaster based on assessed need s . To allow for flexibility

to provide emergency

transportable housing units with mobility features based on the assessed need s of applicants , t he proposed rule adopts the approach recommended by the advisory

committee for single unit installations at private home sites to group sites also. T he proposed new scoping provisions would require that emergency

transportab le 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 b y entities not subject to regulations issued b y the HUD under Section 504 of the Rehabilitation Act currentl y 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 appl y 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 appl y 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 dw elling un its 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 Rehabilita tion 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 b y 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 provision s read as follows: 233.3.2 Residential Dwelling Units with Communication Features. Facilities, oth er 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 Transportabl e 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 comply ing 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 co mmon 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 compl yi ng with 809.3.1 and, where weather alert s ys tems are provided, with weather alert s ys tems comply ing 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 am ended; 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

wi th 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 no t less than one, of the total number of residential dwelling units, other than emergency transportable housing units, in the facility shall provide communication features comply ing with 809.3. F233.3.2.2 Facilities Containing Emergency Transportable Housing Uni ts. Entities shall provide emergency transportable housing units with residential dwelling unit smoke alarms complying with 809.3.1 and, where weather alert s ys tems are provided, with weather alert sy stems comply ing with 809.3.4 in accordance with applica ble 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 Residen tial 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 no t less than one, of the total number of residential dwelling units, other than emergency transportable housing units, in the facility shall prov ide communication features comply ing with 809.3. E xception : 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 c ontract, 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 comply ing with 809.3.1 and, where weather alert s ys tems are provided, with weather alert sy stems comply ing with 809.3.4 in accordance with applicable regulations implementing Section 504 of the Rehabilitation Act of 1973, as amended; the Robert T. Staffor d 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 emergency36

transportable housing units with communication features b e 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

emer gency

transportable housing units required to provide communication features. F EMA currentl y provides visible smoke alarms in all its emergency transportable housing units. FEMA can exceed the proposed new scoping provisions. W here weather alert s ys tems are provided in emergency transportable housing units required to provide communication features, the proposed new scoping provisions would require the s ys tems to provide both audible and visible output. FEMA currently provides weather alert sy stems in all its emergency transportable housing units, and the s ys tems 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 D ispersion 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 prov ide 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,

an d F233.4.6 read as follows: Exception 2. Emergency transportable housing units required to provide mobility features comply ing with 809.2 shall not be required to be dispersed among the various37

ty pes of residential dwelling units in a facility or to provi de choices of residential dwelling units comparable to those available to other residents. R esidential 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 ty pes 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

. I f two or three bedroom units with mobility features are not ne eded at a particular group site , they should not be provide d 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 disperse d among the various ty pes 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 f acilities covered b y the ADA and ABA, and are codified in Appendix D to 36 CFR part 1191. As discussed below, t he proposed rule would amend existing provision s 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 n ew 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 t hresholds at doorway s 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 door s o n smaller emergency transportable housing units ty pically have a lip that extend s 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 ty picall y are made from exterior grade wood that will warp over time. T he ramp landing needs to be positioned below the door lip so the door can operate freel y without binding against the landing surface. Th is can result in changes in level between the r amp landing and the entry doorway that exceed the 1/2 inch maximum threshold height by one inch. The a dvisory

committee recommended adding a n ew advisory note to 404.2.5 to address this situation . The proposed new advisory note would indicate that entry door s with a lip on the bottom edge of the door face may result in exceeding the 1/2 inch39

maximum threshold height. L arger emergency transportable housing units ty picall y 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 p roposed 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 compl yi ng with 405.2, ramps shall be permitted to provide a single ramp run with a slope no steeper than 1:10 provided that t he 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 oc cupant of the private home; or (b) The emergency

transportable housing unit is located on a privatel y - 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 phy sical or site constraints prohibit the installation of an entry ramp comply ing with 405.6, ramps shall be permitted to provide a single ramp run with a rise 36 inches (915 mm) maximum provided tha t 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 pr ivatel y - 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 prov ided on their private home sites so they can protect their propert y, supervise the reconstruction of their homes, and maintain relationships within their community

. F ederal, state , and local laws require the tires to
rem a in on emergency

transportable housing unit s and the floor level is ty pically elevated 36 inches above the ground

. Entry r amps are install ed at emergency transportable housing units with mobility features and the entry

ramps cannot encroach on adjacent sites or public rights

- of

- way whe re the units are provided at private home sites . A n entry ramp that complies with t he 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 a

pproximately

1 58 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 individua ls 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 phy sical 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. T he proposed new exceptions w ould 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 tech nical 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 vary ing needs and capabilities, the concurrence of individuals with disabilities who will use the entry ramp should be obtained before appl yi ng the proposed

new exceptions. 604.5 Grab Bars (Water Closets) 607.4 Grab Bars (Bathtubs) 608.3 Grab Bars (Showers) These sections currentl y require grab bars at toilet and bathing fixtures . E xisting exceptions to these sections currentl y permit grab bars to be omitted at the time of42

construction in residential dwelling units where the walls are reinforced to support the installation of grab bars when need ed 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 emer gency transportable housing units required to provide mobility features comply ing 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 ins tallation of grab bars comply ing 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 featur es comply ing 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 comply ing with 607.4. The p roposed 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 comply ing with 809.2, grab bars shall not be re quired 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 comply ing with 608.3.43 The existing exceptions to 604.5, 607.4, and 608.3 are intended to be used where residential dwelling units w ould be occupied b y 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 the se existing exceptio ns should not be used for emergency transportable housing units required to provide mobility features because they

could result in delay s in installing grab bars in the units

. FEMA requires grab bars to be installed at toilet and bathing fixtures at the t ime 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 currentl y requires clear floor space with knee and toe clearance to be provided at lavatories and sinks. An existing exception to this section currently permits readil y 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 comply ing with 8 09.2, 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 ; a nd (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 th is 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 require d 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 currentl y 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 compl yi ng 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 provide45

mobility features. The advisory

committee recommended that a water spray unit be provided at the kitchen sink to facilitate dish washing b y individuals with limited reach and dexterity

because dishwashers ty

pically are not provided in emergency transportable housing units. 608.4 Seats (Roll

- In Ty

pe Showers ) This section currentl y requires folding or non

- folding seat s to be provided in transfer

- ty

pe shower compartments, and in roll

- in ty pe 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 t yp e shower compartments. A folding seat shall be provided in roll

- in ty pe showers required in transient lodging guest roo ms with mobility features compl yi ng with 806.2 and in roll

in ty pe 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 provisi on to 608.4 for a folding seat to be provided in roll

- in ty

pe 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 ty pe 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 desi gned specifically for bathing and are not suitable for other uses. Man y individuals with mobility disabilities could not use roll

- in shower s without a folding seat or shower chair. FEMA currently provides a folding seat in roll

- in46

ty pe showers in emergen cy 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 ty pe shower s that sh ould be provided in emergency

transportable housing units required to provide mobility features to facilitate independent living b y individuals with disabilities who do not have the personal assistan ts or mobility

aids that they

t ypicall y depend on to perform activities of da ily living in the aftermath of a disaster ? Where possible, comments should include information regarding the cost of the recommend ed building elements

. The 2009 edition of the International Code Council American National Standard for Accessible and Usa

ble Buildings and Facilities (I CC/ANSI A117.1) requires a folding seat in all roll

- in ty

pe showers regardless of the occupancy t ype to facilitate use by a broader range of individuals with disabilities. Question 5

. S hould a folding seat be required in roll

- in ty pe showers regardless of the ty pe of occupancy ? W ill a folding seat improve the usability of roll

- in ty

pe showers ? What costs are associated with requiring a folding seat in new and altered roll

in ty pe showers? 804.3 Kitchen Work Surface This section currentl y requires a t 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 pr oposed rule would add a new exception to 804.3 to read as follows:47 Exception: In emergency transportable housing units, a work surface comply ing with 804.3 shall not be required provided that the following criteria are met: (a) A kitchen table comply ing 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. K itchens in emergency

transportable housing units are usuall y small in size in order to maximize living space and have less storage space than other ty pe s of residential dwelling units. The advisory committee was concerned that a kitchen work surface comply ing with 804.3 reduce s the amount of available storage space in the kitchen and recommended permitting a kitchen table compl yi ng with 902 to be provided instead of a kitchen work surface comply ing 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. K itchen counter tops are ty picall y 36 inches high , which prevent s 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 wor k surface compl yi ng by

804.3 to be replaced b y a table comply ing 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? W ould the proposed new exception have an y cost impacts? Would the proposed new exception necessitate the installation of specialized or modified cabinetry ? W ould installing the counter top s at 34 inches high maximum affect the amount of usable storage cur rentl y required b y 804.5 to be within the reach ranges48

specified in 308? I s there any reason wh y 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 pr ovisions 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 housin g 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 L ig hting Controls 809.2 Accessible Routes 809.2.1 L ocation 809.2.2 Turning Space 809.3 Kitchen 809.4 Toilet Facilities and Bathing Facilities49

809.2.5 Weather Alert Sy stems

809.3 Residential Dwelling Units with Communication Features 809.3.1 Alarms 809.3.1.1 Building Fire Alarm Sy stem 809.3.1.2 Residential Dw elling 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 I dentification 809.3.3 Site, Building, or Floor Entrance 809.3.4 Weather Alert Sy stems 809.5 Residential Dwelling Units with Communication Features 809.5.1 Building Fire Alarm Sy stem 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 I nterconn ection 809.5.4 Prohibited Use 809.5.5 Residential Dwelling Unit Primary Entrance 809.5.5.1 Notification 809.5.5.2 I dentification 809.5.6 Site, Building, or Floor Entrance 809.2 Residential Dwelling Units with Mobility Features As discussed below, t he 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 Th e 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 Th is proposed new provision would prohibit carpet in emergency tr ansportable housing units with mobility features. 809.2.4 Bedrooms in Emergency Transportable Housing Units Th e proposed rule would add new provision s 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 comply ing 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 b y furniture suppli ed with the unit. 809.2.4.3 L ig hting Controls. A means to control at least one source of bedroom lighting from the bed shall be provided. The se proposed new provisions would apply to bedrooms in emergency transportable housing units with mobility features

. The y 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 s quare feet from overlapping space occupied b y 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 th ese proposed new provision s to address space constraints in bedrooms in emergency transportable housing units. E mergency51

transportable housing units ty picall y are furnished at the factory leaving little flexibility in furniture lay out. R earranging furniture supplied with the unit t o 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 a n individual with a disability cannot transfer on the side of the bed served by th e clear floor space , the furniture can be rearranged

. Existing technical provisions in 809.2 and 404.2.4 currentl y require all rooms in residential dwelling units served b y an accessible route to have a turning space ( i.e., T

Turn or 60 inch diameter circle) and all doors on accessible routes to provide maneuvering clearances. B uilding codes generally require residential dwelling unit bedrooms to be at least 70 square feet. However, emergency transportable housing units rarel y are subject to building codes and the ir bedrooms may be smaller. T he proposed

new provisions would prohibit required accessible routes, maneuvering clearances , and turning spaces in bedrooms less tha n 70 square feet from overlapping space occupied b y furniture supplied with the unit. With careful design of room shape, door arrangement, and furniture lay out , small bedrooms can meet the proposed new provisions

. E mergency

transportable housing units ty pically are supplied with overhead lighting controlled b y a wall switch near the bedroom door. T hese switches currently are required to compl y with the technical provisions for operable parts in 309 , including reach ranges, but they usually cannot be op erated from the bed and bedside lamps are rarel y 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 control52

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 Sy stems The proposed rule would add a new provision at 809.2.5 to read as follows: 809.2.5 Weather Alert Sy stems. Where provided in emergency transportable housing units, weather alert sy stems shall comply with 309.1 through 309.3. This proposed new provision would require weather alert sy stems provided in emergency

transportable housing units with mobility featur es to compl y 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 sy stems compl y with technical provisions for operation in 309.4 because some of the controls on currently available sy stems require tight grasping or pinching to operate. The proposed rule does not require weather alert s ys tems to be provided. FEMA currently provides weather alert sy stems that comply

with the propose d 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 an y other purpose within the residential dwelling unit. 809.3.1.1 Building Fire Alarm Sy stem. Where a building fire alarm s ys tem is provided, the s ys tem wiring shall be extended to a point within the residential dwelling unit in the vicinity

of the residential dwelling unit smoke alarm s ys tem. Alarm appliances provided within a residential dwelling unit as part of the building fire alarm sy stem shall compl y with NFPA 72 (1999 or 2002 edition) (incorporated b y 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 comply ing with NF PA 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 ligh t 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 de tection. The proposed new provision in 809.3.1.2 would require smoke alarms with built

in vis ible 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 ty pe of power provided by

public utilities in most communities in the United States. Most home generators provide a non

- commercial li ght and power source. A secondary power source can be a battery installed in the unit. Th e 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 appl y to all t ypes of residential dwelling units required to provide communication features , including emergency transportable housing units. 809. 3

. 4 Weather Alert Sy stems The proposed rule would add a new provision at 809.3.4 to read as follows: 809.3.4 Weather Alert Sy stems. Where provided in emergency transportable housing units, weather alert sy stems shall provide audible and visual output. The proposed new provision would require weather alert s ys tems provided i n emergency

transportable housing units with communication features to provide both audible and visible output. The proposed rule does not require weather alert sy stems to be provided. FEMA currently provides weather alert sy stems that comply with the pr oposed new provision in all its emerge ncy 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 onl y upon a reasoned determination that its benefits justify its costs; tailor the regulation to impose the least burden on societ y, consistent with obtaining the regulatory objectives; and, in choosing among alternative re gulatory 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 q ualitatively values that are difficult or impossible to quantify , including equit y, human dignity, fairness, and distributive impacts. The Access Board has prepared a preliminary regulatory

assessment for the proposed rule. The preliminary regulatory

asse ssment 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 est imates that for the civilian non

- institutionalized population aged 5 and older living in the United States:

 27.4 million people (11.9 percent) have difficult y with ambulatory activities of the lower body and 19.0 million people (8.2 percent) have difficulty with upper body

phy sical 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 t he 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 hear ing. 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 discus ses 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 read y to deplo y 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 compl y with UFAS. FEMA perio dically 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: h ttp://www.census.gov/prod/2008pubs/p70

- 117.pdf

.57

requiring newl y constructed units to prov ide 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 an y 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 currentl y requires smoke alarms with built

- in visible alarms and weather alert sy stems with both audible and visible output in all newly constructed units. For emer gency

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 , a nd 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 ty pe showers since FEMA currently requires folding

s eats to be provided in roll

- in ty pe showers. **Proposed Provisions FEMA Unit Cost Estimates**  Kitchen Counter T op 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 cos ts 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 sy stem and would need some redesign of the plumbing s ys tem. FEMA currentl y does not require the units to provide a sprinkler s ys tem and the high unit cost estimate for the single water shut

- off valve would apply if FEMA would require the units to provide sprinkler sy stems 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 w ould be incurred due to the proposed provisions ? The number of emergency transportable housing units that FEMA deploy s varies by disaster and from y ear to y ear. The number of units deploy ed 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 b y the proposed rule, are estimate d under three scenario s. Scenario 1: 4

- Year Average Deplo ym ent 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 deploy ed by

FEMA from 2008 to 2011. During this period, FEMA deplo ye d 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 un der 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 I nventory 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 deploy s the entire inventory

each ye ar 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 deplo ye d 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 ye ar depending on whether the disasters occur in the earl y part or late part of the y ear, 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 w ould justify the costs; that the proposed amendments w ould impose the least burden on society , consistent wit h obtaining the regulatory objectives; and that the regulatory approach selected w ould 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 A ct authorizes FEMA to provide temporary housing assistance to individuals and households in response to a major disaster or emergency

declared b y t he 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 cu rrently 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 an y small jurisdictions with a population less than 50,000 or small nongovernmental organizations provid e 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 Orde r 13132. The proposed rule would amend the ADA and A B A Accessibility

Guidelines to specificall y address emergency transportable housing units that are provided b y the Federal Emergency Management Agency or other entities62

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 b y the ADA or ABA that are consistent with the ADA and ABA Accessibility G uidelines. 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 di scrimination 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 di sabilities than are afforded b y 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 specificall y address emergency transportable housing units that are pr ovided 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 alter ation of facilities covered b y the ADA or ABA that are consistent with the ADA and ABA Accessibility Guidelines. Since the ADA prohibits discrimination on the basis of disability , an63

assessment of the rule’s effect on State, local, and tribal governments, and the private sector is not required b y t he Unfunded Mandates Reform Act. **List of Subjects in 36 CFR Part 1191** Buildings and facilities, Civil rights, I ncorporation by reference, Individuals with disabilities, Transportation.

_________________________________ Susan Brita , Chair

.