Ask Hank: Does the ADA Require Our Facility to Pay for Modifications?

ada shower requirementsWe occasionally receive inquiries from business owners seeking input on compliance-related questions. The vast majority of these inquiries are from well-intentioned business owners seeking information on how best to accommodate their residents and/or customers with disabilities. Here is one such recent question…

QUESTION: We have a resident in our building that desperately needs a tub cut for accessibility to shower. She has a knee that does not bend and a hip that is very bad. Her physical condition will not allow for surgery and Title 19 will not pay for this. She is an indigent person. Is it a requirement of ADA for our facility to pay for and install this tub cut?

Residential requirements can be found in section 233.1 of the Americans With Disabilities Act (ADA) Standards for Accessible Design, Chapter 2, Scoping Requirements as follows:

Advisory 233.1 General. Residential facilities containing residential dwelling units provided by entities subject to HUD’s Section 504 regulation and residential dwelling units covered by Section 233.3 must comply with the technical and scoping requirements in Chapter 1 through 10 including this document.

Furthermore, section 233.31.1 states:

233.31.1 Residential Dwelling Units with Mobility Features. In facilities with residential dwelling units, at least 5 percent, but no fewer than one unit, of the total number of residential dwelling units shall provide mobility features…

So, the question then becomes how many with roll-in showers and there we would go to Table 224.2.

ADA Guest Rooms with Mobility Features
2010 ADA Standards for Accessible Design

Here’s the bottom line answer to the above question: if you already have units with roll-in showers, you may not be required to pay for the tub modification, if not, then yes, you are more than likely financially responsible.

Do you have questions for ACCESS? We’re here to help and love your questions, so keep ‘em coming!

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