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233.3.5 Dispersion.

Residential dwelling units required to provide mobility features complying with 809.2 through 809.4 and residential dwelling units required to provide communication features complying with 809.5 shall be dispersed among the various types of residential dwelling units in the facility and shall provide choices of residential dwelling units comparable to, and integrated with, those available to other residents.

EXCEPTION: Where multi-story residential dwelling units are one of the types of residential dwelling units provided, one-story residential dwelling units shall be permitted as a substitute for multi-story residential dwelling units where equivalent spaces and amenities are provided in the one-story residential dwelling unit.

ETA Editor’s Note:

This Access Board note was taken from 35.151(e) New Construction and Alterations; Social Service Center Establishments and 36.406(d) Standards for New Construction and Alterations; Social Service Center Establishments.

Access Board’s Note to Reader:

The Department of Justice’s ADA standards also require the following:

Social service center establishments. Group homes, halfway houses, shelters, or similar social service center establishments that provide either temporary sleeping accommodations or residential dwelling units that are subject to this part [of the title III regulation or to this section of the title II regulation] shall comply with the provisions of the 2010 Standards applicable to residential facilities, including, but not limited to, the provisions in sections 233 and 809.

(1) In sleeping rooms with more than 25 beds covered by this part [of the title III regulation or to this section of the title II regulation], a minimum of 5% of the beds shall have clear floor space complying with section 806.2.3 of the 2010 Standards.

(2) Facilities with more than 50 beds covered by this part [of the title III regulation or to this section of the title II regulation] that provide common use bathing facilities shall provide at least one roll-in shower with a seat that complies with the relevant provisions of section 608 of the 2010 Standards.  Transfer-type showers are not permitted in lieu of a roll-in shower with a seat, and the exceptions in sections 608.3 and 608.4 for residential dwelling units are not permitted.  When separate shower facilities are provided for men and for women, at least one roll-in shower shall be provided for each group.  

ETA Editor’s Note:

This Access Board note was taken from 35.151(f) New Construction and Alterations; Housing at a Place of Education and 36.406(e) Standards for New Construction and Alterations; Housing at a Place of Education.

Access Board’s Note to Reader:

Housing at a place of education. Housing at a place of education that is subject to this part [of the title III regulation or to this section of the title II regulation] shall comply with the provisions of the 2010 Standards applicable to transient lodging, including, but not limited to, the requirements for transient lodging guest rooms in sections 224 and 806, subject to the following exceptions. For the purposes of the application of this section, the term "sleeping room" is intended to be used interchangeably with the term "guest room" as it is used in the transient lodging standards.

(1) Kitchens within housing units containing accessible sleeping rooms with mobility features (including suites and clustered sleeping rooms) or on floors containing accessible sleeping rooms with mobility features shall provide turning spaces that comply with section 809.2.2 of the 2010 Standards and kitchen work surfaces that comply with section 804.3 of the 2010 Standards.

(2) Multi-bedroom housing units containing accessible sleeping rooms with mobility features shall have an accessible route throughout the unit in accordance with section 809.2 of the 2010 Standards.

(3) Apartments or townhouse facilities that are provided by or on behalf of a place of education, which are leased on a year-round basis exclusively to graduate students or faculty and do not contain any public use or common use areas available for educational programming, are not subject to the transient lodging standards and shall comply with the requirements for residential facilities in sections 233 and 809 of the 2010 Standards.  

ETA Editor’s Note:

Although not clear from the ADA-related documents, in addition to Transient Lodging requirements under the ADA the Fair Housing Amendments Act also applies to housing at places of education, including dormitory facilities.  Timeshare units, condo hotels, and some types of corporate housing may also be covered by both.  FHAA has dozens of stricter requirements than the ADA Standards for Transient Lodging facilities so dormitory facilities must be designed considering each of the stricter requirements of the ADA Standards and whichever standard is selected for safe harbor under the FHAA. 

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