Guidance on the 2010 ADA Standards for Accessible Design

Analysis and Commenta ry o n the 2010 ADAStandards beds, and other amenities comparable to the As previously discussed, the advisory choices provided to other guests. When the materials provided in the 2010 Standards minimum number of guest rooms required is are meant to be illustrative and do not set not sufficient to allow for complete dispersion, out specific requirements. In this particular guest rooms shall be dispersed in the instance, the advisory materials for section following priority: guest room type, number of 224.5 set out some of the common types of beds and amenities.” amenities found at transient lodging facilities, and include common sense concepts such This general dispersion requirement is as view, bathroom fixtures, and smoking intended to effectuate Congress’ directive status. The intention of these factors is to that a percentage of each class of hotel indicate to the hospitality industry the sorts rooms is to be fully accessible to persons of considerations that the Department, in its with disabilities. See H.R. Rep. No. 101-485 enforcement efforts since the enactment of (II) at 391. Accordingly, the promise of the the ADA, has considered as amenities that ADA in this instance is that persons with should be made available to persons with disabilities will have an equal opportunity to disabilities, just as they are made available to benefit from the various options available to guests without disabilities. hotel guests without disabilities, from single occupancy guest rooms with limited features Commenters offered several suggestions for (and accompanying limited price tags) to addressing dispersion. One option included luxury suites with lavish features and choices. the flexibility to use an equivalent facilitation The inclusion of section 224.5 of the 2010 option similar to that provided in section Standards is not new. Substantially similar 9.1.4(2) of the 1991 Standards. language is contained in section 9.1.4 of the 1991 Standards. The 2010 Standards eliminated all specific references to equivalent facilitation. Since Commenters raised concerns that the factors Congress made it clear that each class of included in the advisory to section 224.5 of hotel room is to be available to individuals the 2010 Standards have been expanded. with disabilities, the Department declines to The advisory provides: “[f]actors to be adopt such a specific limitation in favor of the considered in providing an equivalent range specific requirement for new construction and of options may include, but are not limited alterations found in section 224.5 of the 2010 to, room size, bed size, cost, view, bathroom Standards. fixtures such as hot tubs and spas, smoking and nonsmoking, and the number of rooms In considering the comments of the provided.” hospitality industry from the ANPRM and the Department’s enforcement efforts in this area, the Department sought 120 - Guidance on the 2010 Standards: Titles II and III Department of Justice