Guidance on the 2010 ADA Standards for Accessible Design

Analysis and Com menta ry on the 201 0 A DAStandards and the number was projected to increase Other commenters stated that views should to four percent (4%) by 2010. Thus, in 2010, only be a dispersion criteria if view is a factor up to six percent (6%) of the population may for pricing room rates. need accessible guest rooms. These terms are not to be considered terms Dispersion. The 2010 Standards, in of art, but should be used as in their normal section 224.5, set scoping requirements course. For example, “class” is defined for dispersion in facilities covered by the by Webster’s Dictionary as “a division by transient lodging provisions. This section quality.” “Type” is defined as “a group of covers guest rooms with mobility features * * * things that share common traits or and guest rooms with communication characteristics distinguishing them as an features and applies in new construction identifiable group or class.” Accordingly, these and alterations. The primary requirement terms are not intended to convey different is to provide choices of types of guest concepts, but are used as synonyms. In rooms, number of beds, and other amenities the 2010 Standards, section 224.5 and its comparable to the choices provided to other advisory require dispersion in such a varied guests. An advisory in section 224.5 provides range of hotels and lodging facilities that the guidance that “factors to be considered in Department believes that the chosen terms providing an equivalent range of options may are appropriate to convey what is intended. include, but are not limited to, room size, bed Dispersion required by this section is not size, cost, view, bathroom fixtures such as “one size fits all” and it is imperative that hot tubs and spas, smoking and nonsmoking, each covered entity consider its individual and the number of rooms provided.” circumstance as it applies this requirement. For example, a facility would consider Commenters asked the Department to view as an amenity if some rooms faced clarify what is meant by various terms used mountains, a beach, a lake, or other scenery in section 224.5 such as “classes,” “types,” that was considered to be a premium. A “options,” and “amenities.” Other commenters facility where view was not marketed or asked the Department to clarify and simplify requested by guests would not factor the the dispersion requirements set forth in view as an amenity for purposes of meeting section 224.5 of the 2010 Standards, in the dispersion requirement. particular the scope of the term “amenities.” One commenter expressed concern that Section 224.5 of the 2010 Standards requires views, if considered an amenity, would further that guest rooms with mobility features and complicate room categories and force owners guest rooms with communication features and operators to make an educated guess. “shall be dispersed among the various classes of guest rooms, and shall provide choices of types of guest rooms, number of Department of Justice Guidance on the 2010 Standards: Titles II and III - 119