Guidance on the 2010 ADA Standards for Accessible Design

Analysis and Com menta ry on the 201 0 A DAStandards comment in the NPRM on whether the dispersion based on views to the extent that dispersion requirements should be applied up to eight units may be vertically stacked in proportionally, or whether the requirements a single location. of section 224.5 of the 2010 Standards would be complied with if access to at least one Section 224.1.1 of the 2010 Standards guest room of each type were to be provided. sets scoping requirements for alterations to transient lodging guest rooms. The advisory One commenter expressed concern about to section 224.1.1 further explains that requiring different guest room types to be compliance with 224.5 is more likely to be proportionally represented in the accessible achieved if all of the accessible guest rooms guest room pool as opposed to just having are not provided in the same area of the each type represented. Some commenters facility, when accessible guest rooms are also expressed concern about accessible added as a result of subsequent alterations. guest rooms created in pre-1993 facilities and they requested that such accessible Some commenters requested a specific guest rooms be safe harbored just as they exemption for small hotels of 300 or fewer are safe harbored under the 1991 Standards. guest rooms from dispersion regarding In addition, one commenter requested that smoking rooms. The ADA requires that the proposed dispersion requirements in individuals with disabilities be provided with section 224.5 of the 2010 Standards not be the same range of options as persons without applied to pre-1993 facilities even when they disabilities, and, therefore, the Department are altered. Some commenters also offered declines to add such an exemption. It is a suggestion for limitations to the dispersion noted, however, that the existence of this requirements as an alternative to safe language in the advisory does not require a harboring pre-1993 facilities. The suggestion place of transient lodging that does not offer included: (1) Guest rooms’ interior or exterior smoking guest rooms at its facility to do so footprints may remain unchanged in order only for individuals with disabilities. to meet the dispersion requirements; (2) Dispersion should only be required among Guest Rooms with Mobility Features. the types of rooms affected by an alteration; Scoping provisions for guest rooms with and (3) Subject to (1) and (2) above and mobility features are provided in section technical feasibility, a facility would need to 224.2 of the 2010 Standards. Scoping provide only one guest room in each guest requirements for alterations are included in room type such as single, double and suites. 224.1.1. These scoping requirements in the One commenter requested an exception to 2010 Standards are consistent with the 1991 the dispersion criteria that applies to both Standards. existing and new multi-story timeshare facilities. This requested exception waives Department of Justice Guidance on the 2010 Standards: Titles II and III - 121