1 **Preliminary Regulatory Assessment Propos**  **ed Amendments to the**  **ADA and ABA Accessibility Guidelines**

**On Emer gency Transportable Housing Units** 

**Introduction**

Section 502 of the Rehabilitation Act requires the Access Board to develop and maintain accessibility

guidelines to ensure that the construction and alteration of buildings and facilities covered b y the Americans with Disabilities Act (ADA) or the Architectural Barriers Act (ABA) are readil y accessible to and usable b y individuals with disabilities

. The Access Board’s current accessibility

guidelines for building and facilities were issued in 2004 and are known as the ADA and ABA Accessibility Guid elines. Other federal agencies are required to issue enforceable standards for the construction and alteration of facilities covered by the ADA or ABA that are consistent with the ADA and ABA Accessibility Guidelines.

The Access Board prepared this prelim inary regulatory

assessment to meet the requirements of Executive Order 13563 (Improving Regulation and Regulatory Review) and Executive Order 12866 ( Regulatory Planning and Review) for the Notice of Proposed Rulemaking (NPRM) requesting public comment on proposed amendments to the ADA and ABA Accessibility

Guidelines that specifically address emergency

transportable housing units that are provided b y the Federal Emergency Management Agency (FEMA) or other entities on a temporary

site in response to an emergency need for temporary

housing

. Among other things, Executive Order 13563 directs agencies to propose or adopt a regulation only upon a reasoned determination that its benefits justify its costs; tailor the regu lation to impose the least burden on society , consistent with obtaining the regulatory objectives; and, in choosing among alternative regulatory

approaches, select those approaches that maximize net benefits. Executive Order 13563 recognizes that some ben efits and costs are difficult to quantify and provides that, where appropriate and permitted by law, agencies may

consider and discuss qualitatively values that are difficult or impossible to quantify , including equity , human dignit y, fairness, and distrib utive impacts.

**Need for Proposed Rule** 

The ADA and ABA Accessibility Guidelines contain scoping and technical provisions for residential dwelling units. The scoping provisions specify the minimum number of units required to provide mobility features for individuals with mobility disabilities and the minimum number of units required to provide communication features for individuals who are deaf or have a hearing loss, as well as the accessible features to be provided within each type of unit. The technical provisions specify the design criteria for accessible features within the units.

E mergency

transportable housing units provided by the Federal Emergency Management Agency ( FEMA ) in the aftermath of Hurricanes Katrina and Rita rai sed issues regarding the application of the scoping and technical provisions for residential dwelling units to emergency transportable housing units. Emergency transportable housing units are used to provide2

temporary

housing and are not intended to be us ed as permanent dwellings. They are prefabricated so they

can be deplo yed 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 resu lts in size and space limitations. E mergency transportable housing units provided in the aftermath of Hurricanes Katrina and Rita ty pically were about 400 square feet

. The proposed rule would amend the ADA and ABA Accessibility Guidelines to treat emergency

transportable housing units as a subclass of residential dwelling units and would add new scoping and technical provisions for such units

. The proposed rule also would amend existing scoping provisions for operable parts and platform lifts, and existing technical provisions for ramps, kitchens, and bathrooms to specificall y address emergency transportable housing units.

**Summary of Major Proposed Provisions** 

The major proposed provisions for emergency transportable housing units required to provi de mobility

features and emergency

transportable housing units required to provide communication features are summarized separately in the tables below.

**Emergency Transportable Housing Units Required to Provide Mobility Features Major Proposed**  **Provisions Summary**  **Justification**

**- Benefits**  Scoping 233.3.1.2 F233.3.1.2 F233.4.1.2 Existing scoping provisions applicable to facilities with residential dwelling units provided b y entities not subject to regulations issued by

HUD under Section 504 of the Rehabilitation Act currently require at least 5 percent of the units to provide mobility features. These scoping provisions currentl y apply to

e mergency

transportable housing units . The proposed

new scoping provisions would require emergency transport able housing units with mobility features to be provided in accordance with regulations implementing Section 504 of the Rehabilitation Act, the Robert T. Stafford Disaster Relief and Emergen cy When i ndividuals and households apply

for temporary housing assis tance 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 mobi lity features based on assessed needs.3 Assistance Act, and the ADA. These regulations prohibit discri mination on the basis of disability . Compliance with these regulations would ensure that individuals with mobility disabilities who need units with mobility features are provided such units. Ramps Exception 2 to 405.2 Exception to 405.6 The proposed new exceptions to the technical provisions for ramps would permit a steeper and longer entry

ramp for single unit installations of emergency transportable housing unit s at private home sites where existing phy sical or site constraints would prohibit the installation of an entry

ramp that complies with the technical provisions for ramps. The floor level of emergency transportable housing units i s elevated above the ground. Ramps are installed at the entrances to units with mobility features. If sufficient space is not available on a private home site to install an entry

ramp that complies with the technical provisions for ramps, a unit with mob ility

features may

not be provided at the site. The proposed new exceptions would allow a steeper and longer entry ramp in such situations so individuals with mobility disabilities can have units with mobility features provided at their private home sites while their homes are rebuilt and avoid relocation to a group site. Kitchen Work Surface Exception to 804.3 The proposed n ew 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

. K itchens in e mergency transportable housing units have limited storage space

. A kitchen work surface comply ing with the technical provisions for kitchen work surfaces would reduce the storage space. The proposed new exception would provide accessible kitchen work surfaces for individuals with mobility d isabilities without reducing the storage space. Kitchen Counter T op Electrical Outlets Exception 3 to 205.1 Existing exceptions currently permit one of the electrical outlet s provided above a length Kitchens in e mergency transportable housing units have fewer electrical outlets than4

Exception 3 to F205.1 of kitchen counter top that is uninterrupted b y a sink or appliance to not compl y 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 . Th is may

result in electrical outlets installed in the face of kitchen base cabinets. kitchens in other ty pes of residential dwelling units. The proposed amendments to the existing exceptions would make all the electrical outlets accessible to and usable by individuals with mobility disabilities.

Water Shut

- Off Valve Exception 11 to 205.1 Exception 11 to F205.1 The proposed n ew 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 a ccess to water shut

- off valves in kitchens and bathrooms. The proposed new exceptions would provide access to a single water shut

- off valve for individuals with mobility disabilities. Kitchen Sink Water Spray Unit 606.4 The proposed new provision would require a water spray unit to be provided at the kitchen sink in emergency

transportable housing units required to provide mobility

features. The proposed new provision

would facilitate dish washing b y individuals with limited reach and dexterity

.

Folding Seat in Roll

- In Shower 608.4 The proposed new provision would require a folding seat to be provided in a roll

- in shower in emergency

transportable housing units required to provide mobility

features. The proposed ne w provision

would enable individuals with mobility disabilities to use roll

in showers if shower chairs are unavailable in the aftermath of a disaster. Bedroom s 809.2.4.1 809.2.4.2 The proposed new provisions would:

 Require c lear floor space positione d 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 The proposed new provisions would make the bedrooms accessible to and usable by individuals with mobility disabilities.5 square feet from overlapping space occupied by furniture sup plied with the unit in emergency transportable housing units required to provide mobility features. Bedroom Lighting Control 809.2.4.3 The proposed new provision would 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 device that can be operated from th e bed so individuals with mobility disabilities can transfer in and out of bed safely

. Weather Alert S ys tems 809.2. 5 The proposed new provision would require weather alert
sy stems provided in emergency transportable housing units required to provide mob ility 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 usable by individuals with mobility disabilities.

**Emergency Transportable Housing Units Required to Provide Communication Features**  **Major Provisions Summary**  **Justification**

**- Benefits**  Scoping 233.3.2.2 F233.3.2.2 F233.4.2.2 Existing scoping provisions applicable to facilities with residential dwelling units provided b y entities not subject to regulations issued by

HUD under Section 504 of the Rehabilitation Act currently require at least 2 percent of the units to provide communication features. These scoping provisions currentl y apply to

e mergency

transportable 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 proposed new scoping provisio ns would allow for flexibility to provide emergency transportable housing units with communication features based6 housing units

. The proposed

new scoping provisions would require e mergency

transportable housing units with communication features to be provided in accordance with regulations implementing Section 504 of the Rehabilitation Act, the Robert T. Stafford Disaster Relief and Emergency

Assistance Act, and the ADA . These regulations prohibit discrimination on the basis of disability . Compliance with these regulations would ensure that individuals who are deaf or have a hearing loss and need units with communication features are provided such units. on assessed needs.

Residential Dwelling Unit Smoke Alarms 809.3.1.2 The proposed new provision would require residential dwelling unit smoke alarms with built

- in visible alarms to provide either a commercial light and power source along with a secondary

power source,

or a non

- commercial alternating current power source along with a secondary

power source. The proposed new provision is

consistent with the National Fire Protection Association (NFPA) 72 National Fire Alarm Code . I t would ensure that residential dwelling unit smoke alarms with built

- in visible alarms have a secondary

power source in the ev ent the primary power source fails so that individuals who are deaf or have a hearing loss are alerted when the alarms are activated. Weather Alert S ys tems 809.3.4 The proposed 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 usable by individuals who are deaf or have a hearing loss.

**Entities Affected by Proposed Rule**

The Robert T. Stafford Disaster Relief and Emergency Assistance Act authorizes FEMA to provide temporary

housing assistance to individuals and households in response to a major7

disaster or emergency

declared by

the Pre sident. 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
nongovern mental organizations that provide services in response to disasters did not show that these entities currently

provide emergency

transportable housing units. The preamble to the NPRM includes a question that requests information on whether state, local, o r tribal governments or nongovernmental organizations provide emergency transportable housing units for people who need temporary housing in response to disasters.

Emergency

transportable housing units provided by FEMA are covered by

the ABA and
are required to compl y with the accessibility standards for residential facilities issued by the Department of Housing and Urban Development (HUD). See 42 U.S.C. 4151 and 4153. HUD’s
current accessibility standards for residential facilities are the Uniform Federal Accessibility Standards (UFAS). When HUD updates its accessibility standards for residential facilities to be consistent with the ADA and ABA Accessibility Guidelines
, newl y constructed and altered
emergency

transportable housing provided b y FEMA would be required to comply with HUD’s updated accessibility standards. The preliminary regulatory

assessment estimates the total additional costs that FEMA would incur on an annual basis assuming HUD updates its accessibility standards for residential fa cilities to be consistent with the ADA and ABA Accessibility

Guidelines, as amended b y the proposed rule.

**Benefits**

The U.S. Census Bureau estimates that for the civilian non

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

 27.4 million people (11.9 percent) ha ve difficult y with ambulatory activities of the lower bod y and 19.0 million people (8.2 percent) ha ve difficult y with upper body phy sical tasks;

 8.5 million people (3.7 percent) have difficulty performing one or more a ctivities of daily living such as getting around inside the home, getting into or out of bed, taking a bath or shower, getting to or using the toilet, dressing, and eating;

 3.3 million (1.4 percent) used a wheelchair or other wheeled mobility device and 1 0.2 million (4.4 percent) used a cane, crutches, or walker to assist with mobility; and

 7.8 million people (3.4 percent ) have difficulty hearing. 1

1 U.S. Census Bureau, Americans with Disabilities:2005 ( Issued December 2008) available on the web at: http://www.census.gov/prod/2008pubs/p70

- 117.pdf

.8

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 S ummary of Major Proposed Provisions discusses the justification for and benefits of the proposed provisions for this population. These benefits are difficult or impossible to quantify

.

**Costs**

FEMA ’s planning estimate is to maintain an inventory of 2,500 emergency

transportable housing units read y to deploy in response to disasters. As of March 2012, FEMA had approximately

2,065 units in its inventory . F EMA’s current policy is to have 20 percent of the units in its inventory

comply with UFAS. FEMA periodicall y purchases new units to replenish its inventory

. When FEMA purchases new units, the units are constructed to FEMA’s requirements. Costs are att ributed to the proposed provisions if it would result in FEMA requiring newl y constructed units to provide a feature that it would not otherwise require and manufacturers would incur additional costs to construct the feature that would increase the cost of the units. FEMA reviewed the proposed rule and consulted with five manufacturers to determine whether
any costs would be attributed to the proposed provisions. FEMA determined that no additional costs would be attributed to the proposed provisions for e mergency 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
, and a bedroom lighting control. FEMA’s unit cost estimates for these proposed provisions are shown in the table below. No costs would be attributed to the proposed provision for folding seats in roll

- in ty pe showers since FEMA currently requires folding seats 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** 

FEMA provided low and high unit cost estimates for the kitchen counter top electrical outlets. The high unit cost estimate assumes additional costs for custom made base cabinets that
may be needed for electrical outlets installed in the face of the cabinets. FEMA also provided9

low and high unit cost estimates for the single water shut

- off valve. The high unit c ost estimate assumes that the units would have a sprinkler s ys tem and would need some redesign of the plumbing sy stem. FEMA currently does not require the units to provide a sprinkler sy stem and the high unit cost estimate for the single water shut

- off va lve would apply if FEMA would require the units to provide sprinkler s ys tems in the future.

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 y ea r 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%

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 deploy ed an average of 248 UFAS units per y ear

. The scenario assumes that FEMA would purchase th e same number of new units with mobility features annuall y 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 In ventory 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 with10

UFAS. The scenario assumes that FEMA deplo ys the entire inventory each year and would purchase 500 new units with mobility features annually

to replenish the inventory

. FEMA’s total additional annual costs under Scenario 2 are shown in the table below.

**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 yed 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, 0 00 ( 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 early part or late part of the year, and the manufacturing capacity and production time needed to construct large numbers of units.

**Scenario 3: Additiona l 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

**Conclusion**

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 societ y, consistent with obtaining the regulatory

objectives; and that the regulatory approach select ed w ould maximize net benefits.

April 9 , 2012