Americans with Disabilities Act
(ADA)
On
June 6, 2008, the U.S.
Department of Justice (DOJ) published its long-awaited Notice of
Proposed Rulemaking (NPRM) to amend its regulations and the
accessibility guidelines/standards under the
ADA. There is some
considerable discussion in the NPRM and in the proposed regulatory
amendments regarding timeshares, condo hotels, and “mixed use
hotels.” Additionally, this proposed rule would also impose new
requirements for swimming pools, saunas/steam rooms, exercise rooms,
windows, play areas, and valet parking, among others.
During
the 60-day public comment period, ARDA weighed in on behalf it its
members. DOJ raised certain questions with respect
to some of the major proposed amendments which the department would like
comment or further education on. However, ARDA did not limit itself
to merely responding to those questions. Rather, we provided comment on
all issues relevant to and of concern to the industry. The three major
areas of focus were:
- Recreational areas, such as
the golf courses, play areas, swimming pools, wading pools, sauna, steam
rooms, etc.;
- Operational issues, such as
service animal policies, mobility devices, and hotel reservation
requirements; and
- Development issues, such as
the safe harbor, the definition of a timeshare, accessible
units and dispersion requirements, and other technical
construction requirements (i.e., service counter, vanity areas, toilet
rooms, etc.).
Status
The DOJ released the
following statement (see www.ada.gov for more
details):
“On
January 21, 2009, the
Department of Justice notified the Office of Management and Budget (OMB)
that the Department has withdrawn its draft final rules to amend the
Department’s regulations implementing title II and title III from
the OMB review process. This action was taken in response to a
memorandum from the President’s Chief of Staff directing the
Executive Branch agencies to defer publication of any new regulations
until the rules are reviewed and approved by officials appointed by
President Obama. No final action will be taken by the Department with
respect to these rules until the incoming officials have had the
opportunity to review the rulemaking record. Incoming officials will
have the full range of rule-making options available to them under the
Administrative Procedure Act.
Withdrawal of the draft
final rules does not affect existing ADAregulations. Title II and title III entities must continue to
follow the Department’s existing ADAregulations, including the ADA Standards for Accessible
Design.”
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