Transcript Homestead Suites Accessibility Review

ADA Title III – Revised and
Revisited: What You Need To
Know Before March 15, 2012
Presented to:
Hospitality Asset Managers Association
San Antonio, Texas September 22, 2011
Theodore L. White, Esq.
Larry Wood, AIA
Dave Hogin
Deutsch, Kerrigan & Stiles
Wood Architects
Strategic Hotels & Resorts, Inc.
New Orleans, Louisiana
Modesto, California
Chicago, Illinois
(504) 593-0604
(209) 545-7700
(312) 658-6055
[email protected]
[email protected]
[email protected]
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Overview, Purpose and
History of ADA
 The ADA is anti-discrimination legislation and NOT a building
code
 Originally passed in 1991, the ADA has undergone significant
review and public comment over the last 10 years. This review
process resulted in the current revision, which was published on
9/15/2010
 Its purpose is to ensure that all people with disabilities have full
and equal access to public accommodations and the goods and
services provided to the general public
 Unfortunately, this well intended law has been abused by some
people seeking personal enrichment rather than increased
accessibility
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ADA Title III – Key Dates
 ADA Title III originated in 1991 but has now been revised (called the
2010 ADA) with new requirements mandatory on 3/15/2012
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Hotels built before 1/26/1993 must remove barriers to access when
“readily achievable” (easily accomplishable without much difficulty or
expense)
Hotels built between 1/26/1993 and 9/15/2010 must comply with the
1991 ADA
Alterations made between 1/26/1992 and 9/15/2010 must comply with
the 1991 ADA to the “maximum extent feasible”
Hotels receiving certified building permit for new construction or
alterations after 9/15/2010 but before 3/15/2012 may use either the 1991
ADA or the 2010 ADA but not a combination of both
Hotels receiving certified building permit for new construction or
alterations after 3/15/2012 must comply with 2010 ADA
Existing compliant items have “safe harbor” under 2010 ADA
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ADA Considerations for
Asset Managers
 Constructing New Hotels
 Have specific compliance language in design contract
 Managing Existing Hotels
 Compliance awareness
 Line item budgeting for barrier removal and alterations
 Pre-purchase Inspections
 Don’t assume ADA compliance
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Ask for compliance survey or compliance certificate from appropriate
permitting agency
 Consider getting compliance survey if none available
 Address non compliance with seller
 Owner/Operator issues
 Identify who is responsible for what
 Lawsuits
 Consider detrimental effect of litigation on reputation and bottom line
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Typical Accessibility Features
 Accessible route from the site boundary
 Accessible entrances
 Accessible parking
 Curb ramps and ramps
 Interior accessible routes including signage,
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drinking fountains & telephones
Restaurants & bars
Accessible guestrooms
Public toilet rooms if provided
Reception or checkout counters
Pools & spas
Operational issues
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Cost Issues for Alterations
 High Cost Items
 Concrete walkways
 Toilet room renovations
 Guest room renovations
 Adding ramps or lifts
 Accessible transportation
 Bang for Buck Items
 Signage
 Employee training (operational)
 Tune up items
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New Issues for Hotels
Less Stringent Requirements
 Detectible domes not required on curb ramps
 Transfer shower threshold can be higher at
existing building
 Fire strobes can be added when area is
remodeled and can conform to State
requirements
 Reach range is now 48” maximum
 Toilet door can swing into fixture clear space
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New Issues For Hotels
More Stringent Requirements
 Accessible counters full depth
 Transfer area required next to toilet
 Number of accessible van spaces increased
 Valet parking
 Passenger loading zones
 Lavatory must match other guestrooms
 Operable windows now covered
 ATMs, washers, dryers, vending
machines
 Communications features for hearing impaired
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New Recreational
Regulations
(no safe harbor provision)
 Swimming pools and whirlpools
 Sauna and steam rooms
 Exercise rooms
 Golf courses
 Amusement rides (waterslides)
 Recreational boating facilities
 Accessible routes to court sports
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Swimming Pools & Spas
 After 3/15/2012, existing pools and spas must be
made compliant with 2010 ADA when readily
achievable
 Swimming pools with less than 300 lf of wall
 Must have at least one accessible means of entry
 Can be a pool lift or sloped entry
 Pool lifts have specific requirements
 Swimming pools with more than 300 lf of wall
 Must have two means of accessible entry
 One shall be a pool lift or sloped entry
 Spas
 Must have an accessible means of entry
 Spas in a cluster may share a portable lift
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Swimming Pools
Accessible Entry Options
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Golf Courses
 What is required by 1991 ADA
 Accessible parking, locker areas, toilets, pro shop
counter, seating at dining areas and accessible routes and
entrances to public areas
 What is required by 2010 ADA
 Accessible route or cart path to all guest facilities and
holes within course
 Accessible practice areas for putting and practice range
 Access to one or more tee boxes at each hole
 What is not required
Providing single use car
Access to bunkers
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California Certified
Accessibility Specialist
(CASP)
 Program offers legal protections from lawsuits in
California
 Limits lawsuit to actual barrier encountered
 Protections start from date of inspection
 There is a reasonable amount of time to make any
needed improvements
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Design & Construction Issues
 Misunderstood ADA requirements
 Requirements overlooked or misapplied during design and
construction
 Overlooking State Building Code Requirements
 State requirements may vary from ADA
 Construction Deviations
 Rooms narrower, bathroom smaller, walkway slopes exceed 2%
 Construction Substitutions
 Materials may not match original selections
 Interior Designer
 Architectural drawings may not show furniture, be sure it fits
 Operational and Maintenance Issues
 Make sure operator is aware of its compliance obligations
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ADA Title III – Misc. Legal
Issues and Concerns
 Suits can be filed for non-compliance by individuals or by the DOJ
 Suits often filed in Federal Court with State claims included
 Only injunctive relief available in Federal Court
 Some states have compensatory damages available to successful
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plaintiffs
 Losing party pays attorney fee and costs
Generally, no insurance available to owner for Title III claims
For “readily achievable” barrier removal, the financial resources of the
parent company can be considered
Owners often rely on their architects during design and construction but
fail to include them in dispute resolution efforts
 Architects may have E&O coverage available for their failure to
design to the ADA’s requirements
Owners and Operators may have differing views about compliance
responsibilities and resolution efforts
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Action Items
 Identify newly covered items and bring into
compliance when readily achievable
 Identify existing non-compliant items and determine
whether to make compliant with new or old
regulations
 Make sure operators are aware of their obligations
 Policies and procedures
 Employee training
 Maintaining accessible elements
 Reservations procedures
 Acquiring accessible ATMs, vending machines, etc.
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Disclaimer
This presentation has been prepared for informational purposes only
and does not constitute legal advice. This information is not intended to
create, and its receipt does not constitute, an attorney-client
relationship. Participants should not act upon this information without
seeking professional counsel. The materials discussed during the
presentation should not be construed as legal advice or a legal opinion
on any specific fact or circumstance. The content of this presentation is
intended for general information purposes only and you are urged to
consult an attorney concerning your own situation and any specific legal
questions you may have. Any tax information or written tax advice
contained herein is not intended to be and cannot be used by any
taxpayer for the purpose of avoiding tax penalties that may be imposed
on the tax payer.
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