REPORT FROM THE U.S.—Though more than seven months remain before hoteliers must comply with new provisions in the Americans with Disabilities Act, attorneys and representatives from the AH&LA encouraged immediate action to address any outstanding items before the 15 March, 2012 deadline.
Several of those items were addressed last week during a webinar titled “New ADA Title III Regulations: Will You Be in Compliance on March 15, 2012?”
The new 2010 ADA Title III Regulations actually took effect on 15 March 2011, said Minh N. Vu, national ADA Title III practice team leader and partner in the labor and employment department of Seyfarth Shaw LLP, though hoteliers needn’t comply for another seven-and-a-half months.
However, not every property faces the same requirements. On 15 March 2012, hoteliers will face one of three possible scenarios:
1. Elements that already comply with the 1991 Standards need not comply with alterations in the 2010 Regulations.
2. Elements that do not comply with the 1991 Standards must comply as follows:
- If an element was constructed prior to 26 January 1993 and not altered since then, the hotel must remove barriers “to the extent readily achievable” (defined as “easily accomplished without much difficulty or expense”). The 2010 Standards will be used to determine what is a barrier.
- If the element was altered after 26 January 1992, it must comply with the 2010 Standards to the maximum extent feasible.
- If the element was constructed after 26 January 1993 it must comply with the 2010 Standards unless doing so is structurally impracticable.
3. Elements covered for the first time in the 2010 Standards must comply by 15 March 2012 to the extent readily achievable.
New elements
Existing elements that must comply with the new 2010 Standards by 15 March 2012 include:
- swimming pools, wading pools and spas;
- saunas and steam rooms;
- exercise machines and equipment;
- play areas;
- fishing piers and platforms;
- recreational boating facilities;
- golf facilities; and
- residential facilities and dwelling units.
There are also key changes to existing standards. For example, the 1991 Standards required accessible sinks placed within the required toilet clear space. The 2010 Standards required that accessible sink may not be placed within the toilet clear space.
View a complete rundown of the 2010 Standards.
View section-by-section analysis of the complete ADA Title III regulations.
Action items for 2010 Standards
To close the session, Vu and her colleague, Karen Stephenson, litigation counsel in the labor and employment department at Seyfarth Shaw LLP, shared a list of action items they recommended hoteliers carry out between now and 15 March 2012.
1. Bring newly covered elements into compliance with the 2010 Standards to the extent it is “readily achievable” to do so.
2. Revise your reservations process to meet the new 2010 Standards.
3. Review existing elements that will be subject to stricter or different specifications under the 2010 Standards. If not compliant with the 1991 Standards, decide whether to bring them into compliance with the 2010 Standards or take advantage of safe harbor.
4. Contact your ATM provider to discuss the cost and process for adding communications features required by the 2010 Standards.