ADA requirements change in March; hoteliers share tips

Th staff at Best Western Plus Hawthorne Terrace in Chicago, Ill., is evaluating how to finish compliance with the 2010 ADA regulations for accessibility.

National Report–In September of 2010, the U.S. Dept. of Justice released an updated series of regulations for the Americans with Disabilities Act regarding the operations and layout of currently existing and future hotels. These regulations, which go into effect March 15, require a degree of change for hoteliers to integrate into their properties, and in some instances reflect an economic and operational shift in priorities.

By that date hotels must be compliant with the regulations to a degree that is defined as ‘readily achievable.’ A safe harbor is available for locations that are currently compliant with the original ADA standards for accessible design issued in 1991, but safe harbor is waived for all locations that have been built or experienced alterations after September 2010.

According to Minh Vu, partner at Seyfarth Shaw Attorneys, the safe harbor was removed from current construction projects as a bonus for hoteliers by not forcing them to incur extra costs by modifying pre-existing architecture. “The assumption is that there is no added expense for making alterations to areas still in construction,” Vu said.
pools and technology

One of the biggest changes for hotels is that swimming pools with less than 300 feet of wall space now need a sloped entrance or a pool lift, and any pool with more than 300 feet of wall space must have at least two means of entry, one of which must be a pool lift or sloped entry.
When it comes to selecting pool lifts, Vu recommends hoteliers do their research.

“There are some companies that claim to make ADA-compliant pool lifts, but I would encourage hotels to review the requirements and determine for themselves which lifts are appropriate,” Vu said.

Smaller changes that hotels must now accommodate include permanent installations of visual alarms in rooms, with portable alarm kits no longer being accepted under 2010 standards. ATMs must now accommodate guests with vision impairment by featuring a Braille interface on all buttons, as well as specific speech technology and privacy options.

Some of the changes may not be immediately obvious, and hoteliers are urged to contact a professional to audit their location to be sure they are prepared when the regulations go into effect. “ADA consultants are available to assess a hotel and help them through the process,” Vu said.

Transportation

“One aspect that comes up when we look into hotels is hotel shuttles that run to and from airports, or take guests to malls,” said David Gevertz, vice-chair of the labor and employment department at Baker, Donelson, Caldwell & Berkowitz in Atlanta, Ga. “You now have to provide a stable area for guests in wheelchairs so that they aren’t forced into an awkward incline or pitch when boarding the shuttles. This is a real sleeper issue.”

Gevertz’ firm helps match hoteliers up with experts to establish what is readily achievable for them to apply to their building.

Gevertz said he notices in particular non-hotel lodgings that assume they are exempt from compliance but are not.

“There are a number of condo-hotels and corporate lodges who argue that they have not been covered by these regulations, and they haven’t done the first thing to comply,” he said. “The the new rules now apply to them and they don’t realize it.”

Despite this, the process has been smooth for many hoteliers. “We are still evaluating how well we are doing it,” said Tony Klock, one of the owners of the Best Western Plus Hawthorne Terrace in Chicago, Ill. “We have a limited-service property, but we do have a spa and a new indoor whirlpool, which is something that we will be working on last. The lifts are tricky.”

For Klock, Best Western took on the majority of the planning. “They put together a spreadsheet for us to follow and did a great job, getting this rolled out to us in the latter part of the summer and early fall, and even handled the changes to the reservation system.”
system changes

According to Vu, the Department of Justice’s most frequent complaint from people with disabilities was that they had difficulty securing a room with the accessibility features needed. “Changes had to be made to the reservation system to provide the right information to disabled guests,” said Vu. “For them, getting the right room can mean the difference between staying at a hotel and being forced to change locations.”

Changes to the system include providing the correct information as to what amenities a room offers to a disabled person, and ensuring that rooms made to accommodate disabled individuals are sold last.

“The reservations aspect was the most easily fixed,” said Gevertz. “The fear is there, however, that third-party hotel booking groups will not properly convey information, and the potential is there for hoteliers to get into big trouble if a misinformed third-party representative is fielding the calls. The bigger websites are all making the right moves, but there is really no guarantee in this situation, and hoteliers are still accountable.”

For hoteliers struggling through the process, Minh Vu said the best option is to simply make an effort. “If a hotel is diligently working to make its elements accessible in line with the 2010 standards, I think they will be in a good position,” Vu said. “But once again, it is all about what is readily achievable.”