Department of Housing and Urban Development s2

Federal Register/Vol. 79, No. 100/Friday, May 23, 2014/Rules and Regulations 29671

[FR Doc. 2014–11556 Filed 5–22–14; 8:45 am] of the ADA, except for certain specific accommodations, and are therefore BILLING CODE 4910–13–P provisions identified in this document, required to comply with the 2010 as an alternative accessibility standard Standards. When more than one law and DEPARTMENT OF HOUSING AND to UFAS for purposes of complying with accessibility standard applies, it is URBAN DEVELOPMENT Section 504 and HUD’s Section 504 currently necessary for the recipient to regulation for new construction and determine on a section-by-section basis 24 CFR Part 8 alterations commenced on or after May which standard affords greater 23, 2014. This document is in effect accessibility. [Docket No. FR–5784–N–01] until HUD formally revises its Section In March 2011, DOJ advised Federal Nondiscrimination on the Basis of 504 regulation to adopt an updated agencies that they may provide covered entities the option of using the 2010 Disability in Federally Assisted accessibility standard. Standards as an acceptable alternative to Programs and Activities DATES: Effective Date: May 23, 2014. UFAS ( www.ada.gov/504 _ memo _ FOR FURTHER INFORMATION CONTACT: AGENCY: Office of the Assistant standards.htm) until such time as they Cheryl Kent, Special Advisor for update their agency’s regulation Secretary for Fair Housing and Equal Disability Policy, Office of Program Opportunity, HUD. implementing the Federally assisted Compliance and Disability Rights, provisions of Section 504. Because ACTION: Instructions for use of Department of Housing and Urban alternative accessibility standard. many recipients of Federal financial Development, 451 Seventh Street, SW., assistance are also subject to the SUMMARY: HUD is issuing this document Washington, DC 20410, telephone 202– Americans with Disabilities Act (ADA), to permit recipients of Federal financial 402–7058 (this is not a toll-free number). Federal agencies requested this authority assistance from HUD (HUD recipients) to Individuals who are deaf, are hard of to minimize the number of accessibility use an alternative accessibility standard hearing, or have speech impairments may standards with which recipients of for purposes of complying with Section access this number via TTY by calling Federal financial assistance must 504 of the Rehabilitation Act of 1973 the toll-free Federal Information Relay comply. (Section 504) and HUD’s implementing Service at 800–877– 8339. HUD has identified certain provisions regulation at 24 CFR part 8 (Section 504 SUPPLEMENTARY INFORMATION: in the 2010 Standards that provide less regulation) until HUD formally revises accessibility than is currently required its Section 504 regulation to adopt an I. Overview by UFAS and/or HUD’s Section 504 updated accessibility standard. In March HUD’s Section 504 regulation requires regulation. As a result, HUD is not 2011, the Department of Justice (DOJ), that programs or activities receiving deeming use of those specific pursuant to its coordination authority Federal financial assistance be readily provisions of the 2010 Standards as a under Section 504, advised Federal accessible to and usable by persons with means of providing accessibility under agencies that they may permit covered disabilities. HUD’s Section 504 Section 504 because HUD cannot entities to use the 2010 ADA Standards regulation provides that the design, decrease the level of accessibility for Accessible Design (2010 Standards) construction, or alteration of buildings currently required by its Section 504 as an acceptable alternative to the and facilities in conformance with UFAS regulation without engaging in notice Uniform Federal Accessibility Standards is deemed to be in compliance with the and comment rulemaking. Those (UFAS) until such time as they update accessibility requirements of Section 504 provisions are summarized in the their agency’s regulation implementing (24 CFR 8.32). Many of the programs or Appendix of this document. the Federally assisted provisions of activities that are subject to HUD’s The option to utilize the 2010 Section 504. Consistent with DOJ’s Section 504 regulation, however, are also Standards under title II of the ADA, advice, this document provides HUD subject to title II of the ADA, which except for certain provisions identified recipients the option of using the 2010 applies to public entities, or title III of in this document, is available to all Standards under title II the ADA, which covers certain private HUD recipients for purposes of entities, including public complying with HUD’s Section 504 regulation whether they are private or public entities, including HUD requirements in the ADA and ABA scoping requirements of UFAS by the recipients covered by Section 504 but Accessibility Guidelines. use of other methods are permitted not title II or III of the ADA. For 2004 ABAAG means the requirements where substantially equivalent or purposes of complying with Section set forth in Appendices C and D to 36 greater access to and usability of the 504, a HUD recipient must designate the CFR 1191 which are the ABA scoping building is provided (24 CFR 8.32). accessibility standard it is using: The chapters and the common technical B. 2004 ADA and ABA Accessibility 2010 Standards with identified requirements in the ADA and ABA Guidelines exceptions outlined in this document or Accessibility Guidelines. UFAS. Recipients that prefer to use UFAS means the Uniform Federal On July 23, 2004, the Access Board UFAS as the accessibility standard Accessibility Standards. HUD’s Section published updated minimum under Section 504 may continue to do 504 regulation references sections 3 accessibility guidelines for both the through 8 of UFAS for purposes of so. If a recipient subject to both Section 2 ADA and the ABA known as the 504 and the ADA decides to continue to compliance with Section 504. Americans with Disabilities Act and use UFAS to comply with HUD’s 2010 Standards means the 2010 ADA Architectural Barriers Act Accessibility Section 504 requirements, it must Standards for Accessible Design as Guidelines (2004 ADA and ABA determine, section-by-section, which defined in the regulation implementing Accessibility Guidelines). The 2004 standard (2010 Standards or UFAS) title II of the ADA and consists of the ADA and ABA Accessibility Guidelines affords greater accessibility and comply 2004 ADAAG as applied to entities updated the accessibility provisions with that provision. If choosing the covered by title II of the ADA (i.e., contained in UFAS and the 1991 ADA 2010 Standards for purposes of public entities) and the requirements Accessibility Guidelines. The 2004 compliance with Section 504, the contained in 28 CFR 35.151. ADA and ABA Accessibility Guidelines recipient need only comply with the III. Background contain three parts: application and 2010 Standards except that it must not A. Section 504 scoping requirements for facilities apply those provisions not deemed as covered by the ADA (ADA Chapters 1 compliant in this document and must Section 504 and HUD’s Section 504 and 2); application and scoping continue to apply those provisions of regulation prohibit discrimination on the requirements for facilities covered by UFAS or the HUD regulation that are basis of disability in any program or the ABA (ABA Chapters 1 and 2); and a specifically identified in this document. activity that receives Federal financial common set of technical provisions HUD also reminds recipients that the assistance from the Department. 3 HUD’s (Chapters 3 through 10). The 2004 design and construction requirements of Section 504 regulation specifically ABAAG refers to ABA scoping the Fair Housing Act (FHAct) continue prohibits the denial of benefits of, Chapters 1 and 2 and technical to apply to new construction of covered exclusion from participation in, or other provisions in Chapters 3 through 10, multifamily dwellings. These discrimination against qualified and the 2004 ADAAG refers to ADA requirements are not affected by this individuals with disabilities in Federally scoping Chapters 1 and 2 and technical document. However, some of these assisted programs or activities because a provisions in Chapters 3 through 10. requirements impose greater recipient’s facilities are inaccessible to HUD will engage in the rulemaking accessibility requirements than the 2010 or unusable by individuals with process in order to replace UFAS with a Standards. disabilities.4 Among other things, the new accessibility standard based on the II. Definitions of Standards and regulation requires that the design, updated guidelines for purposes of both Guidelines Referenced in This construction, and alteration of projects Section 504 and ABA compliance. Until meet physical accessibility HUD adopts a new accessibility Document 5 requirements. standard, HUD recipients who undertake 1991 Standards means the Currently, pursuant to HUD’s Section 504 alterations or new construction of a requirements in the ADA Standards for regulation, the design, construction, or project may continue to utilize UFAS Accessible Design published as alteration of buildings in conformance with and HUD’s Section 504 or ABA Appendix A to 28 CFR part 36 on July UFAS is deemed to be in compliance with regulations. 26, 1991, and republished as Appendix the accessibility requirements of Section C. Title II of the ADA D to 28 CFR part 36 on September 15, 504.6 UFAS is based on the minimum 2010. For purposes of compliance with title accessibility guidelines developed by the Title II of the ADA prohibits II of the ADA, covered entities were not United States Access Board (Access Board) discrimination on the basis of disability permitted to use the elevator exemption that were adopted as enforceable standards by state and local government entities, contained at sections 4.1.3(5) and 4.1.6(1) by the General Services Administration, the including by requiring facilities designed, (j) of the 1991 Standards. Department of Defense, the Department of constructed, or altered by or on behalf of 2004 ADA and ABA Accessibility Housing and Urban Development, and the a public entity, or as part of a public Guidelines means the minimum United States Postal Service for purposes of entity’s program, to be readily accessible accessibility guidelines published by the compliance with the ABA. Subsequently, to and usable by individuals with United States Access Board in 2004 for UFAS was also adopted as the referenced disabilities.7 Except for transportation both the ADA and the Architectural 1 accessibility standard in HUD’s Section facilities, DOJ is the Federal agency Barriers Act (ABA). 504 regulation. HUD’s Section 504 responsible for adopting accessibility 2004 ADAAG means the requirements regulation provides that departures from standards under title II of the ADA.8 The set forth in Appendices B and D to 36 particular technical and Department of CFR 1191 which are the ADA scoping chapters and the common technical 2 24 CFR 8.32. 7 42 U.S.C. 12131 et. seq. 3 29 U.S.C. 794. 8 The Department of Justice (DOJ) is also the 1 36 CFR part 1191. The full text of the 2004 ADA 4 24 CFR 8.20. Federal agency responsible for adopting and ABA Accessibility Guidelines is available at the 5 24 CFR 8.21, 8.22, 8.23, 8.24, 8.25. accessibility standards under title III of the ADA, U.S. Access Board’s Web site, http://www.access- which prohibits discrimination on the basis of 6 24 CFR 8.32. board.gov/guidelines-and-standards/buildings-and- disability by public accommodations and requires sites/about-the-ada-standards/background/ada-aba- places of public accommodation and commercial accessibility-guidelines-2004. facilities to be designed, constructed, and altered in Transportation establishes accessibility an acceptable alternative to UFAS. assistance from HUD are state or local standards for transportation facilities Consistent with this guidance, HUD will government entities or private entities subject to title II of the ADA. In 1991, permit, but not require HUD recipients covered by the ADA, and are therefore DOJ issued a regulation establishing the to use the 2010 Standards under title II required to comply with ADA 1991 Standards or UFAS as legally of the ADA, except for those provisions accessibility requirements.12 By issuing enforceable accessibility standards identified in this document, as an this document, HUD is offering covered under title II. alternative accessibility standard to entities the option of reducing the On September 15, 2010, DOJ published UFAS until HUD revises its Section 504 burden of complying with different a final rule revising its title II regulation regulation to formally adopt an updated accessibility standards under Section at 28 CFR part 35. Among other accessibility standard.11 HUD is not 504 and the ADA until HUD issues a requirements, the revised regulation permitting use of certain identified rule adopting a new accessibility adopted a new accessibility standard provisions in the 2010 Standards standard under Section 504. HUD referred to as the 2010 ADA Standards because those provisions provide a lower recipients may utilize the 2010 for Accessible Design (2010 Standards).9 level of accessibility than is currently Standards, with the exceptions outlined For new construction and alterations that required under UFAS and/or HUD’s in this document, for compliance with commence on or after March 15, 2012, Section 504 regulation and HUD cannot both statutes. entities covered by title II must comply reduce the level of accessibility provided This document makes no changes for with the 2010 Standards.10 The 2010 under its Section 504 regulation without entities that choose to use UFAS for Standards can be found at engaging in notice and comment purposes of Section 504 compliance http://www.ada.gov/ rulemaking. along with HUD’s Section 504 2010ADAstandards_index.htm. It is important to emphasize that HUD regulation when undertaking alterations For title II entities, the 2010 Standards recipients electing to use the 2010 or new construction. HUD recipients consist of the 2004 ADAAG and Standards must use the 2010 Standards may continue to use HUD’s Section 504 requirements contained in 28 CFR applicable to public entities under title II regulation and UFAS for Section 504 35.151. Section 35.151 sets forth of the ADA, with the exceptions noted compliance until HUD formally adopts requirements that have the effect of below, to the entire project; they may an updated accessibility standard modifying provisions in 2004 ADAAG not rely on some requirements contained through rulemaking. However, because and include scoping and technical in the 2010 Standards and some UFAS is no longer an option for requirements for social service center requirements contained in UFAS. For ensuring compliance with title II of the establishments, housing at places of purposes of Section 504 ADA, HUD recipients subject to both education, assembly areas, medical care compliance, this does not mean that Section 504 and title II of the ADA must facilities, residential dwelling units for existing buildings that are part of a take an additional step in order to ensure sale to individuals, and detention and project and which are not being altered compliance with the ADA if they use correctional facilities. For example, must be brought up to the 2010 UFAS for purposes of Section 504. social service center establishments, Standards. Rather, it means that when a Specifically, in addition to complying which include group homes, halfway HUD recipient undertakes new with each scoping and technical houses, shelters, and similar facilities construction or alterations and chooses provision of UFAS, they must also providing temporary sleeping to use the 2010 Standards with the comply with each scoping and technical accommodations, must comply with the exceptions outlined in this document, the provision of the 2010 Standards that 2010 Standards applicable to residential recipient must apply the 2010 Standards affords greater accessibility than facilities including certain requirements to all of the new construction or UFAS.13 alterations. It should be noted that the specified at 28 CFR 35.151(e). Most V. Utilizing the 2010 Standards housing at a place of education (defined 2010 Standards include a safe harbor for in the title II and title III regulations) portions of a path of travel complying As stated above, the 2010 Standards must comply with the 2010 Standards with UFAS or the 1991 Standards (28 under title II consist of the 2004 applicable to transient lodging CFR 35.151(b)(4)(ii)(C)). This safe ADAAG and requirements in 28 CFR including certain requirements specified at harbor does not apply to existing 35.151. HUD is permitting use of the elements that are altered. The 2010 28 CFR 35.151(f). 2010 Standards as an alternative Standards are available at http:// accessibility standard with the IV. Deeming 2010 Standards as an www.ada.gov/2010ADAstandards _ following exceptions. These exceptions Alternative Accessibility Standard for index.htm. are necessary to ensure that HUD Section 504 Compliance This option applies to all HUD recipients construct or alter buildings In March 2011, pursuant to its recipients for purposes of compliance and facilities with at least the same coordination authority under Section with HUD’s Section 504 regulation, degree of accessibility as is currently 504, DOJ advised Federal agencies that including private and public entities, and required under HUD’s Section 504 until such time as they update their entities covered by Section 504 but not regulation and UFAS. The Department agency’s regulation implementing the title II or III of the ADA. Most lacks the authority to allow the use of Federally assisted provisions of Section recipients covered by Section 504 based an alternative standard that would 504, they may notify covered entities on the receipt of Federal financial reduce accessibility or usability for that they may use the 2010 Standards as 11 Memorandum dated March 29, 2011, from individuals with disabilities in housing Thomas E. Perez, Assistant Attorney General, compliance with established accessibility Division of Civil Rights, U.S. Department of 12 State or local governments are “public entities” standards. The DOJ implementing regulation is at Justice, to Federal Agency Civil Rights Directors covered by title II of the ADA, 42 U.S.C. 12131– 28 CFR part 36. and General Counsels, “Permitting Entities Covered 12134. “Public accommodations” include private for- 9 DOJ’s September 15, 2010 final rule also revised by the Federally Assisted Provisions of Section 504 profit or not-for-profit entities that are subject to the its title III regulation. For title III entities, the 2010 of the Rehabilitation Act to Use the 2010 ADA requirements of title III of the ADA, 42 U.S.C. 12181– Standards consist of the 2004 ADAAG and Standards for Accessible Design as an Alternative 12189. requirements under 28 CFR Part 36—Subpart D. Accessibility Standard for New Construction and 13 HUD’s scoping continues to apply regarding the 10 See 28 CFR 35.151(c) for accessibility standards Alterations,” http://www.ada.gov/504 _ required number of accessible residential dwelling and compliance dates prior to March 15, 2012. standards.htm. units. settings below the level required by its with the applicable accessibility is not permitting use of the scoping Section 504 regulation without engaging in requirements when HUD recipients requirements for additions at section notice and comment rulemaking. As undertake new construction of facilities. 202.2 of the 2010 Standards. discussed below, these exceptions will also HUD’s regulation also precludes a HUD Alterations Affecting Primary Function maintain consistency with certain recipient from selecting a site or Areas—Exception to Section 202.4 of requirements of the FHAct. location of a facility which would have the 2010 Standards the purpose or effect of excluding Definitions qualified individuals with disabilities Section 202.4 of the 2010 Standards The 2010 Standards define some from, denying benefits of, or otherwise includes a path of travel obligation terms that are also defined in HUD’s subjecting them to discrimination under, when areas containing a primary Section 504 regulation. In such cases, any program or activity that receives function are altered. Under the the definition in HUD’s Section 504 Federal financial assistance.17 Under Exception to Section 202.4, residential regulation shall control. HUD’s Section 504 regulation, if a site dwelling units are exempted from this Scoping for Residential Dwelling Units cannot be made accessible to individuals requirement. Under HUD’s Section 504 with disabilities, it must not be selected. regulation, when accessible dwelling The 2010 Standards generally defer to As emphasized above, HUD cannot units are newly constructed or where HUD on scoping of residential dwelling allow the use of an alternative standard alterations include the provision of units provided by entities subject to accessible dwelling units, the dwelling 14 which conflicts with HUD’s regulatory HUD’s Section 504 regulation. requirements and may reduce units must be on an accessible route. Specifically, entities receiving Federal accessibility in housing settings without HUD is not permitting use of the financial assistance from the Department the opportunity for public input through Exception to Section 202.4 because this must provide residential dwelling units notice and comment rulemaking. may conflict with HUD’s Section 504 containing mobility features and Accordingly, recipients may not apply regulation. residential dwelling units containing the structural impracticability exception communication features complying with Common Use Areas in Residential contained in § 35.151(a)(2) of the 2010 Facilities—Section 203.8 of the 2010 the 2010 Standards in a quantity Standards through this document. identified in HUD’s Section 504 Standards Alterations—28 CFR 35.151 regulation. For purposes of this Section 203.8 of the 2010 Standards document, HUD is not changing its The 2010 Standards at 28 CFR provides that, in residential facilities, scoping requirements for residential 35.151(b) and section 202 contain common use areas that do not serve dwelling units under its part 8 15 criteria detailing when alterations of residential dwelling units required to regulation. HUD recipients designing, facilities must be made accessible. In provide mobility features are not constructing, altering, or operating certain situations, application of the required to be accessible or on an residential facilities must utilize HUD’s 2010 Standards may result in fewer accessible route. By contrast, common scoping to determine the number of units containing accessibility features. use areas in residential facilities subject required accessible units and utilize the Because HUD cannot use this document to the new construction requirements of 2010 Standards, with the identified to permit the use of a lesser the FHAct must comply with FHAct exceptions noted below, for other scoping requirement than that required by its accessibility requirements, including the requirements as well as for the technical Section 504 regulation, HUD is not requirement to be on an accessible route, standards. If HUD’s Section 504 rule permitting use of § 35.151(b). regardless of whether or not the common does not provide scoping, a HUD Therefore, multifamily housing projects use areas serve units required to have recipient using the 2010 Standards for must continue to utilize the terms mobility features pursuant to the ADA Section 504 compliance must use the “substantial alterations” and “other or Section 504. The only exception scoping provided in the 2010 Standards. alterations” as defined in HUD’s would be common use areas provided on This does not preclude HUD from Section 504 regulation to determine upper stories of a non-elevator building considering scoping or other changes accessibility requirements. 18 This does provided the same common use areas are when it undertakes rulemaking to adopt a not preclude HUD from considering provided on the ground floor. In new accessibility standard. changes to its alterations criteria for addition, this general exception for Structural Impracticability—28 CFR residential dwelling units when it common use areas may result in less 35.151 revises its regulation to adopt a new accessibility than is currently required accessibility standard. under HUD’s Section 504 regulation and Under § 35.151(a)(2) full compliance UFAS. Accordingly, HUD is not with the requirements of the 2010 Additions—Section 202.2 of the 2010 permitting use of Section 203.8 under Standards is not required in new Standards this document. construction where a public entity can Section 202.2 of the 2010 Standards demonstrate that it is structurally contains scoping requirements which Employee Work Areas—Section 203.9 impracticable to do so. Full compliance may, in certain situations, afford less of the 2010 Standards, and Similar is considered structurally impracticable accessibility for individuals with Sections “only in those rare circumstances when disabilities than is currently provided by The 2010 Standards require a more the unique characteristics of terrain HUD’s rules at 24 CFR part 8 and limited level of access within employee prevent the incorporation of accessibility 16 UFAS. Because the Department is work areas in ADA-covered facilities features.” HUD’s Section 504 precluded from permitting the use of an than UFAS, which requires employee regulation does not contain a comparable alternative standard that might reduce work areas to be fully accessible. As exception from compliance accessibility for individuals with stated above, the Department has no 14 Section 233.2 Residential Dwelling Units disabilities in housing settings without authority to allow the use of an Provided by Entities Subject to HUD Section 504 notice and comment rulemaking, HUD alternative standard that may reduce Regulations. accessibility for individuals with 15 24 CFR part 8, subpart C. 17 24 CFR 8.4(b)(5). disabilities without notice and comment 16 28 CFR 35.151(a)(2)(i). 18 24 CFR part 8, subpart C. rulemaking. Section 203.9, as well as Section 206.2.8, the Exception to square feet per story (unless the type of upgraded, replaced, or newly installed. Section 403.5, and the Exception to building is omitted in the standard from HUD is not permitting use of this Section 405.8, all require less the exception, e.g., a shopping center, a exception because its application may accessibility in employee work areas shopping mall, the professional office of result in less accessibility than is than UFAS. For this reason, HUD is not a health care provider, etc.). HUD’s currently required under HUD’s Section permitting use of the aforementioned Section 504 regulation does not impose 504 regulation. Instead, recipients sections of the 2010 Standards for different requirements on recipients that engaged in alterations must refer to employee work areas. are public entities as compared to HUD’s regulation at 24 CFR 8.22, 8.23, recipients that are private entities. In 8.24, and 8.25 to determine whether Vehicular Route Exceptions—Sections order to ensure that all HUD recipients visible alarms must be installed. For 206.2.1 and 206.2.2 of the 2010 are subject to the same accessibility recipients engaged in substantial Standards requirements, regardless of whether they alterations, the new construction The 2010 Standards contain an are public or private entities, HUD is not requirements apply (with the exception exception for accessibility at site arrival permitting use of Exception 1 to Section that building alterations are not required points which provides that an 206.2.3 by private entities subject to its that have little likelihood of being “accessible route shall not be required Section 504 regulation. accomplished without removing or between site arrival points and the Washing Machines; Clothes Dryers— altering a load-bearing structural building or facility entrance if the only member) and visible alarms would be means of access between them is a Sections 214.2 and 214.3 of the 2010 Standards included in the alterations. For vehicular way not providing pedestrian recipients engaged in other alterations access” (Section 206.2.1 Site Arrival UFAS requires front loading washing not rising to the level of substantial Points, Exception 2). The 2010 machines and clothes dryers in common alterations, any alterations (including Standards also contain an exception for use laundry rooms in facilities serving alterations to dwelling units, common accessibility within a site which accessible residential dwelling units.20 areas, or parts of facilities that affect provides that an “accessible route shall UFAS’ requirements for front-loading accessibility of existing housing not be required between accessible machines reflect the fact that not all facilities) must, to the maximum extent buildings, accessible facilities, persons with disabilities will be able to feasible, be made to be readily accessible elements, and accessible use top loading machines. The 2010 accessible to and usable by individuals spaces if the only means of access Standards, however, permit either top with disabilities. “To the maximum between them is a vehicular way not loading or front loading machines in extent feasible” means recipients are not providing pedestrian access” (Section such facilities (Section 214.2 Washing required to make alterations if doing so 206.2.2 Within a Site, Exception). Machines; Section 214.3 Clothes would impose undue financial and Neither exception is in UFAS,19 which Dryers). Consequently, HUD is not administrative burdens on the operation requires pedestrian access routes, and permitting application of the scoping of the multifamily housing project, but both conflict with HUD’s Section 504 requirements for washing and drying must provide for accessibility up to the regulation, which requires that all machines found at sections 214.2 and point of undue financial and programs and activities receiving 214.3 of the 2010 Standards. Recipients administrative burdens. This is a high Federal funds be readily accessible to must continue to comply with section threshold to meet. Therefore, HUD and usable by persons with disabilities, 4.34.7 of UFAS. These requirements recipients must continue to comply with as well as the requirements of the FHAct apply to each laundry room except that the provisions in HUD’s Section 504 and HUD’s Fair Housing Accessibility HUD’s Section 504 regulation and UFAS regulation, and not utilize the exception Guidelines. Accordingly, HUD is not would not require a laundry room on an in the 2010 Standards. If visible alarms permitting the use of Exception 2 to upper story of a non-elevator building to are not provided, there must be an Section 206.2.1 Site Arrival Points, and be accessible provided that there is an effective means of alerting individuals the Exception to Section 206.2.2 Within accessible laundry room serving that who are deaf or hard of hearing to fires a Site. same building on the ground floor. HUD and other emergencies in order to afford Elevator Exception 1—Section 206.2.3 of recipients should also be aware that, them an equal opportunity to evacuate the 2010 Standards when washing machines and clothes to safety. dryers are provided in individual For the convenience of the reader, the The 2010 Standards contain specific dwelling units, front loading accessible Appendix to this document provides a exceptions to the general provision washing machines and clothes dryers table that lists in column one the requiring at least one accessible route to may be required in accessible dwelling exceptions contained in the document connect each story and mezzanine in units as a reasonable accommodation for and in the second column, the UFAS multi-story buildings or facilities individuals with disabilities. and/or HUD Section 504 regulation (Section 206.2.3). Exception 1 to Section provisions that would need to be 206.2.3 of the 2010 Standards contains an Visible Alarms—Exception to Section 215.1 of the 2010 Standards complied with because the entity could elevator exception for private buildings not use that section of the ADA 2010 or facilities that are less than three stories Section 215.1 includes a new Standards. The table is provided so that or that have less than 3,000 exception for visible alarms in the it can be used by HUD recipients as a alteration of existing facilities, stand-alone chart that lists, in a single 19 See, e.g., UFAS, Section 4.1.1(1): At least one accessible route complying with 4.3 shall be providing that visible alarms must be table, not only what the exceptions are, provided within the boundary of the site from installed only when an existing fire but what actions recipients must public transportation stops, accessible parking alarm system is upgraded or replaced, or undertake in lieu of using the spaces, passenger loading zones if provided, and a new fire alarm system is installed. exceptions. public streets or sidewalks to an accessible building Under this exception, visible alarms entrance. UFAS, Section 4.1.1(2): At least one VI. Relationship to Other Laws accessible route complying with 4.3 shall connect would not be required as part of accessible buildings, facilities, elements, and spaces alterations unless the alarm system is Recipients of HUD funding must be that are on the same site. See also, UFAS, Section aware of and comply with the accessibility requirements of all applicable laws, including Section 504, is the failure to design and construct ensure compliance with FHAct 23 the ABA, the ADA, and the FHAct. covered multifamily dwellings with accessibility requirements. 22 Compliance with one of these statutes certain features of accessible design. Date: May 16, 2014. does not ensure compliance with other The FHAct design and construction David R. Ziaya, Federal disability nondiscrimination requirements apply to “covered Deputy Assistant Secretary for Operations laws. For example, compliance with multifamily dwellings” designed and and Programs. Section 504, the ABA, or the ADA does constructed for first occupancy after Appendix to May 23, 2014 Document not ensure compliance with the FHAct; March 13, 1991. “Covered multifamily similarly, compliance with FHAct dwellings” means all buildings Exceptions to the 2010 Standards accessibility requirements does not consisting of four or more dwelling This table is provided for HUD recipients ensure compliance with the units: In buildings without an elevator, that elect to use the 2010 Standards under accessibility requirements of Section all of the ground floor dwelling units are title II of the Americans with Disabilities Act 504, the ABA, or the ADA. The FHAct (ADA) as an alternative accessibility covered; in buildings with one or more standard to UFAS for purposes of complying prohibits discrimination in housing elevators, all of the dwelling units are because of race, color, religion, sex, with Section 504 until HUD formally revises covered. HUD encourages entities to its Section 504 regulation. Please note that, national origin, familial status, and 21 refer to HUD’s FHAct regulation and for purposes of Section 504 compliance, the disability. One type of disability technical guidance issued by HUD to 2010 Standards may be used with the discrimination prohibited by the FHAct following exceptions.

Provisions inHUD 2010 recipients must comply with standards not for purposes of deemed as equivalent section 504 alternatives to compliance UFAS

1. Section 35.151(a) 10.Section 214— (2) Exception for Scoping of structural Washing Machines impracticability ..... and Clothes Dryers ... 2. Section 35.151(b) Alterations ......

3. Section 202.2 Additions 11.Exception to 4. Exception to Section 215.1 Section 202.4 Visible Alarms ...... Alterations Affecting Primary Function Areas.

5. Section 203.8 General Exceptions— Residential Facilities

6. Employee Work Areas: Sections 203.9 (General exception for employee work areas), 206.2.8 (Circulation paths in employee work areas), and the Exceptions to 403.5 (Clearances within employee work areas) and 405.8 (Handrails within employee work areas). 7. Exception 2 to Section 206.2.1 Site Arrival Points 8. Exception to Section 206.2.2 Within a Site 9. Exception 1 to Section 206.2.3 Multi-Story Buildings and Facilities ... 2010 Standards at in Employee Work Section 35.151 Areas). without Section 21 The Act 23 See HUD Guidelines 35.151(a)(2) and (b) uses the regulation (“Questions and (see below) and 2010 Standards at term implementing Answers”), 59 HUD’s Section 504 Section 206.2.1 “handicap” the design and FR 33362–68 regulation at 24 CFR § without Exception 2. instead of construction (June 28, 1994); 2010 Standards at “disability.” provisions at Fair Housing 8.4(b)(5). HUD’s 24 CFR Act Design Section 504 regulation Section 206.2.2 Both terms have the 100.200 et Manual at 24 CFR §§ 8.20, without the Exception. seq.; Final (“Design same legal 8.21, 8.22, 8.23, 2010 Standards at Fair Housing Manual”) 8.24, 8.25, 8.26 and Section 206.2.3 meaning. Accessibility (August 1996, UFAS 4.1.6. without Exception 1. 22 42 U.S.C. Guidelines Revised April HUD’s Section 504 HUD’s Section 504 3604(f). (“Guidelines”) 1998). For regulation at 24 regulation and , 56 FR 9472 additional technical UFAS 4.34.7 (Mar. 6, 1991); CFR §§ 8.20, 8.21, Supplement to assistance, see 8.22, 8.23, 8.24, Laundry Facilities. Notice of Fair the Fair Housing 8.25, 8.26 and HUD recipients Housing Act UFAS 4.1.5. should also be Accessibility Accessibility 2010 Standards at aware that, when Guidelines: FIRST Web site, Section 202.4 washing machines Questions and www.fairhousin without the and clothes dryers Answers About gfirst.org. Exception and are provided in the HUD’s Section 504 individual dwelling regulation at 24 units, front loading CFR §§ 8.20, 8.21, accessible washing 8.22, 8.23, 8.24, machines and 8.25, and 8.26. clothes dryers may 2010 Standards be required in without Section accessible dwelling 203.8 and HUD’s units as a Section 504 reasonable regulation at 24 accommodation for CFR § § 8.20, 8.21, individuals with 8.22, 8.23, 8.24, disabilities. 8.25, and 8.26. 2010 Standards at 2010 Standards Section 215 without without these the Exception to provisions; Note that Section 215.1 and HUD is permitting HUD’s Section 504 use of Section 215.3 regulation at 24 (Fire Alarm Systems CFR 8.20, 8.21, 8.22, 8.23, 8.24, 8.25, and 8.26.

The option exceptions standard. to use the outlined in This table 2010 this May 23, provides a Standards 2014 Notice, summary. under title II or UFAS. If Additional of the ADA, HUD explanatory with recipients information identified choose to is provided exceptions, use the 2010 in other is available Standards, parts of the to all HUD they must May 23, recipients for apply the 2014 purposes of 2010 document. complying Standards, with Section [FR Doc. 2014– with the 11844 Filed 5– 504. HUD identified 22–14; 8:45 am] recipients exceptions, must BILLING CODE to the entire 4210–67–P designate the project. This accessibility option standard they applies until are using: HUD revises The 2010 its Section Standards 504 with the regulation to identified adopt an updated accessibility