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Preliminary Regulatory Assessment

Proposed Amendments to the ADA and ABA Accessibility Guidelines

On Emergency 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 by the Americans with Disabilities Act (ADA) or the Architectural Barriers Act (ABA) 

are readily accessible to and usable by 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 Guidelines. 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 preliminary 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 by 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 regulation to impose the least burden on 

society, consistent with obtaining the regulatory objectives; and, in choosing among alternative 

regulatory approaches, select those approaches that maximize net benefits. Executive Order 

13563 recognizes that some benefits and costs are difficult to quantify and provides that, where 

appropriate and permitted by law, agencies may consider and discuss qualitatively values that are 

difficult or impossible to quantify, including equity, human dignity, fairness, and distributive 

impacts.

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.

Emergency transportable housing units provided by the Federal Emergency Management 

Agency (FEMA) in the aftermath of Hurricanes Katrina and Rita raised issues regarding the 

application of the scoping and technical provisions for residential dwelling units to emergency

transportable housing units. Emergency transportable housing units are used to provide 
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temporary housing and are not intended to be used as permanent dwellings. They are 

prefabricated so they can be deployed rapidly in response to an emergency and are installed on 

temporary sites with minimal site preparation. They are transported on a single transport vehicle 

over roadways, which results in size and space limitations. Emergency transportable housing 

units provided in the aftermath of Hurricanes Katrina and Rita typically were about 400 square 

feet. 

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

emergency transportable housing units as a subclass of residential dwelling units and would add 

new scoping and technical provisions for such units. The proposed rule also would amend 

existing scoping provisions for operable parts and platform lifts, and existing technical 

provisions for ramps, kitchens, and bathrooms to specifically address emergency transportable 

housing units.

Summary of Major Proposed Provisions

The major proposed provisions for emergency transportable housing units required to 

provide mobility features and emergency transportable housing units required to provide 

communication features are summarized separately in the tables below. 

Emergency Transportable Housing Units Required to Provide Mobility Features

Major Proposed 

Provisions Summary Justification - Benefits

Scoping

233.3.1.2

F233.3.1.2

F233.4.1.2

Existing scoping provisions 

applicable to facilities with 

residential dwelling units 

provided by entities not subject 

to regulations issued by HUD 

under Section 504 of the 

Rehabilitation Act currently

require at least 5 percent of the 

units to provide mobility

features. These scoping 

provisions currently apply to 

emergency transportable 

housing units. The proposed 

new scoping provisions would 

require emergency transportable 

housing units with mobility

features to be provided in 

accordance with regulations 

implementing Section 504 of 

the Rehabilitation Act, the 

Robert T. Stafford Disaster 

Relief and Emergency

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 

mobility features based on 

assessed needs. 
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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.

Ramps 

Exception 2 to 405.2

Exception to 405.6 

The proposed new exceptions to 

the technical provisions for 

ramps would permit a steeper 

and longer entry ramp for single 

unit installations of emergency

transportable housing units at

private home sites where 

existing physical or site 

constraints would prohibit the 

installation of an entry ramp 

that complies with the technical 

provisions for ramps.

The floor level of emergency

transportable housing units is 

elevated above the ground. 

Ramps are installed at the 

entrances to units with mobility

features. If sufficient space is 

not available on a private home 

site to install an entry ramp that 

complies with the technical 

provisions for ramps, a unit 

with mobility features may not 

be provided at the site. The 

proposed new exceptions would 

allow a steeper and longer entry

ramp in such situations so 

individuals with mobility

disabilities can have units with 

mobility features provided at 

their private home sites while 

their homes are rebuilt and 

avoid relocation to a group site.

Kitchen Work Surface 

Exception to 804.3 

The proposed new exception 

would permit a kitchen table 

complying with the technical 

provisions for tables, all kitchen 

counter tops at 34 inches high 

maximum, and an electrical 

outlet within reach of the table 

to be provided instead of a 

kitchen work surface complying 

with the technical provisions for 

kitchen work surfaces. 

Kitchens in emergency

transportable housing units have 

limited storage space. A 

kitchen work surface complying 

with the technical provisions for 

kitchen work surfaces would 

reduce the storage space. The 

proposed new exception would 

provide accessible kitchen work 

surfaces for individuals with 

mobility disabilities without 

reducing the storage space.

Kitchen Counter Top 

Electrical Outlets 

Exception 3 to 205.1

Existing exceptions currently

permit one of the electrical 

outlets provided above a length 

Kitchens in emergency

transportable housing units have 

fewer electrical outlets than 
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Exception 3 to F205.1 of kitchen counter top that is 

uninterrupted by a sink or 

appliance to not comply with 

the technical provisions for 

operable parts. The proposed 

rule would amend these 

exceptions so they would not 

apply to emergency

transportable housing units 

required to provide mobility

features. This may result in

electrical outlets installed in the 

face of kitchen base cabinets.

kitchens in other types of 

residential dwelling units. The 

proposed amendments to the 

existing exceptions would make 

all the electrical outlets 

accessible to and usable by

individuals with mobility

disabilities.

Water Shut-Off Valve 

Exception 11 to 205.1

Exception 11 to F205.1

The proposed new exceptions 

would permit a single water 

shut-off valve complying with 

the technical provisions for 

clear floor space and reach 

ranges to be provided in 

emergency transportable 

housing units required to 

provide mobility features.

Space constraints in emergency

transportable housing units can 

limit access to water shut-off 

valves in kitchens and 

bathrooms. The proposed new 

exceptions would provide 

access to a single water shut-off 

valve for individuals with 

mobility disabilities.

Kitchen Sink Water Spray

Unit 

606.4 

The proposed new provision 

would require a water spray unit 

to be provided at the kitchen 

sink in emergency transportable 

housing units required to 

provide mobility features. 

The proposed new provision 

would facilitate dish washing by 

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 new provision 

would enable individuals with 

mobility disabilities to use rollin showers if shower chairs are 

unavailable in the aftermath of a 

disaster.

Bedrooms

809.2.4.1 

809.2.4.2 

The proposed new provisions 

would:

 Require clear floor space 

positioned for a parallel 

approach to be located on 

one side of a bed and to be 

on an accessible route; and 

 Prohibit accessible routes, 

maneuvering clearances, 

and turning spaces in 

bedrooms less than 70 

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 supplied 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 emergency

transportable housing units 

typically provide overhead 

lighting controlled by a wall 

switch near the bedroom door. 

The proposed new provision 

would result in providing a 

bedside lamp, an additional wall 

switch near the bed, or remote 

control device that can be 

operated from the bed so 

individuals with mobility

disabilities can transfer in and 

out of bed safely.

Weather Alert Systems 

809.2.5 

The proposed new provision 

would require weather alert 

systems provided in emergency

transportable housing units 

required to provide mobility

features to comply with the 

technical provisions for clear 

floor space and reach ranges. 

The proposed new provision 

would make the weather alert 

systems accessible to and usable 

by individuals with mobility

disabilities.

Emergency Transportable Housing Units Required to Provide Communication Features

Major Provisions Summary Justification - Benefits

Scoping

233.3.2.2

F233.3.2.2

F233.4.2.2 

Existing scoping provisions 

applicable to facilities with 

residential dwelling units 

provided by entities not subject 

to regulations issued by HUD 

under Section 504 of the 

Rehabilitation Act currently

require at least 2 percent of the 

units to provide communication 

features. These scoping 

provisions currently apply to 

emergency transportable 

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 
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housing units. The proposed 

new scoping provisions would 

require emergency transportable 

housing units with 

communication features to be 

provided in accordance with 

regulations implementing 

Section 504 of the 

Rehabilitation Act, the Robert 

T. Stafford Disaster Relief and

Emergency Assistance Act, and 

the ADA. These regulations 

prohibit discrimination on the 

basis of disability. Compliance 

with these regulations would 

ensure that 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. It would ensure that 

residential dwelling unit smoke 

alarms with built-in visible 

alarms have a secondary power 

source in the event the primary

power source fails so that 

individuals who are deaf or 

have a hearing loss are alerted 

when the alarms are activated. 

Weather Alert Systems 

809.3.4

The proposed new provision 

would require weather alert 

systems provided in emergency

transportable housing units 

required to provide 

communication features to 

provide both audible and visible 

output. 

The proposed new provision 

would make the weather alert 

systems accessible to and usable 

by individuals who are deaf or 

have a hearing loss.

Entities Affected by Proposed Rule

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

to provide temporary housing assistance to individuals and households in response to a major 
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disaster or emergency declared by the President. See 42 U.S.C. 5174 and 5192. FEMA provides 

emergency transportable housing units where there is a need for temporary housing and a lack of 

available housing resources in the affected area. A review of the websites of state agencies and 

nongovernmental organizations that provide services in response to disasters did not show that 

these entities currently provide emergency transportable housing units. The preamble to the 

NPRM includes a question that requests information on whether state, local, or 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 comply with the accessibility standards for residential facilities issued by the 

Department of Housing and Urban Development (HUD). See 42 U.S.C. 4151 and 4153. HUD’s 

current accessibility standards for residential facilities are the Uniform Federal Accessibility

Standards (UFAS). When HUD updates its accessibility standards for residential facilities to be 

consistent with the ADA and ABA Accessibility Guidelines, newly constructed and altered 

emergency transportable housing provided by FEMA would be required to comply with HUD’s 

updated accessibility standards. The preliminary regulatory assessment estimates the total 

additional costs that FEMA would incur on an annual basis assuming HUD updates its 

accessibility standards for residential facilities to be consistent with the ADA and ABA 

Accessibility Guidelines, as amended by the proposed rule.

Benefits 

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

aged 5 and older living in the United States:

 27.4 million people (11.9 percent) have difficulty with ambulatory activities of the 

lower body and 19.0 million people (8.2 percent) have difficulty with upper body 

physical tasks;

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

daily living such as getting around inside the home, getting into or out of bed, taking 

a bath or shower, getting to or using the toilet, dressing, and eating;

 3.3 million (1.4 percent) used a wheelchair or other wheeled mobility device and 10.2 

million (4.4 percent) used a cane, crutches, or walker to assist with mobility; and 

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

Summary 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 ready to deploy in response to disasters. As of March 2012, FEMA had 

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

units in its inventory comply with UFAS. FEMA periodically purchases new units to replenish 

its inventory. 

When FEMA purchases new units, the units are constructed to FEMA’s requirements. 

Costs are attributed to the proposed provisions if it would result in FEMA requiring newly 

constructed units to provide a feature that it would not otherwise require and manufacturers 

would incur additional costs to construct the feature that would increase the cost of the units. 

FEMA reviewed the proposed rule and consulted with five manufacturers to determine whether 

any costs would be attributed to the proposed provisions. FEMA determined that no additional 

costs would be attributed to the proposed provisions for emergency transportable housing units 

required to provide communication features since it currently requires smoke alarms with built-in 

visible alarms and weather alert systems with both audible and visible output in all newly

constructed units. 

For emergency transportable housing units required to provide mobility features, FEMA 

determined that costs would be attributed to the proposed provisions for kitchen counter top 

electrical outlets, a single water shut-off valve, a kitchen sink water spray unit, and a bedroom 

lighting control. FEMA’s unit cost estimates for these proposed provisions are shown in the 

table below. No costs would be attributed to the proposed provision for folding seats in roll-in 

type showers since FEMA currently requires folding seats to be provided in roll-in type showers.

Proposed Provisions FEMA Unit Cost Estimates

Kitchen Counter Top Electrical Outlets 

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

Single Water Shut-Off Valve 

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

Kitchen Sink Water Spray Unit 

606.4 $75

Bedroom Lighting Control 

809.2.4.3 $60

Total $485 - $1,135

FEMA provided low and high unit cost estimates for the kitchen counter top electrical 

outlets. The high unit cost estimate assumes additional costs for custom made base cabinets that 

may be needed for electrical outlets installed in the face of the cabinets. FEMA also provided 
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low and high unit cost estimates for the single water shut-off valve. The high unit cost estimate 

assumes that the units would have a sprinkler system and would need some redesign of the 

plumbing system. FEMA currently does not require the units to provide a sprinkler system and 

the high unit cost estimate for the single water shut-off valve would apply if FEMA would 

require the units to provide sprinkler systems in the future. 

The number of emergency transportable housing units that FEMA deploys varies by

disaster and from year to year. The number of units deployed during the four year period from 

2008 to 2011 is shown in the table below. FEMA sometimes provides UFAS units to applicants 

who do not have a disability due to lack of inventory of other units.

Emergency Transportable Housing Units Deployed by FEMA

Year

Number of 

Disasters

Total Units 

Deployed

UFAS

Units

Other 

Units

Percentage 

UFAS Units

2008 5 3,798 369 3,429 10%

2009 5 1,353 201 1,152 15%

2010 3 51 3 48 6%

2011 14 4,036 420 3,616 10%

Total 27 9,238 993 8,245 11%

4-Year Average 7 2,310 248 2,061 11%

The total additional costs that FEMA would incur assuming HUD updates its 

accessibility standards for residential facilities to be consistent with the ADA and ABA 

Accessibility Guidelines, as amended by the proposed rule, are estimated under three scenarios. 

Scenario 1: 4-Year Average Deployment from 2008 to 2011

Under this scenario, the total additional costs that FEMA would incur on an annual basis 

are based on the average number of emergency transportable housing units deployed by FEMA 

from 2008 to 2011. During this period, FEMA deployed an average of 248 UFAS units per year. 

The scenario assumes that FEMA would purchase the same number of new units with mobility

features annually to replenish the inventory. FEMA’s total additional annual costs under 

Scenario 1 are shown in the table below.

Scenario 1: Additional Annual Costs Based on 

4-Year Average Deployment from 2008 to 2011

Number of New Units Purchased 

Annually with Mobility Features

Low Estimate

($485 per unit)

High Estimate

($1,135 per unit)

248 $120,280 $281,480

Scenario 2: 20 Percent of Units in Inventory Provide Mobility Features

Under this scenario, the total additional costs that FEMA would incur on an annual basis 

are based on its planning estimate to maintain an inventory of 2,500 emergency transportable 

housing units and its current policy to have 20 percent of the units in the inventory comply with 
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UFAS. The scenario assumes that FEMA deploys the entire inventory each year and would 

purchase 500 new units with mobility features annually to replenish the inventory. FEMA’s total 

additional annual costs under Scenario 2 are shown in the table below.

Scenario 2: Additional Annual Costs Based on 

20 Percent of Units in Inventory Provide Mobility Features

Number of New Units Purchased 

Annually with Mobility Features

Low Estimate

($485 per unit)

High Estimate

($1,135 per unit)

500 $242,500 $567,500

Scenario 3: Disasters Equivalent to Hurricanes Katrina and Rita

Under this scenario, the total additional costs that FEMA would incur are based 

on disasters equivalent to Hurricanes Katrina and Rita. During Hurricanes Katrina and Rita, 

FEMA deployed 145,000 emergency transportable housing units. The scenario assumes three 

different levels of assessed need for units with mobility features: 14,500 (10 percent), 21,700 (15 

percent), and 29,000 (20 percent). FEMA’s total additional costs under Scenario 3 are shown in 

the table below. The costs may be incurred over more than one year depending on whether the 

disasters occur in the early part or late part of the year, and the manufacturing capacity and 

production time needed to construct large numbers of units. 

Scenario 3: Additional Costs Based on Disasters Equivalent to 

Hurricanes Katrina and Rita

Number of New Units Purchased 

with Mobility Features

Low Estimate

($485 per unit)

High Estimate

($1,135 per unit)

14,500 $7,032,500 $16,457,500

21,700 $10,548,750 $24,686,250

29,000 $14,065,000 $32,915,000

Conclusion

The Access Board has made a preliminary determination based on the preliminary

regulatory assessment that the benefits of the proposed amendments would justify the costs; that 

the proposed amendments would impose the least burden on society, consistent with obtaining 

the regulatory objectives; and that the regulatory approach selected would maximize net benefits. 

April 9, 2012