AdA requirements for hotels?
Does anyone know how I can find out if the hotel I work at is following ADA requirements? It was built in the '80's, so I don't know if there is a grandfather clause, but I'm sure it's not following the current standards for hotels. I'm just a front desk employee so I don't want to say anything until I have proof. Is there a website or a phone number I can call? This is in Texas.
- iluvbirds25Lv 51 decade agoFavorite Answer
From what I understand, it seems that if their building was built before 1994, they do not have to comply as long as they do not advertise it being ADA compliant.
Here is some information that I found. There is a number you can call to find out for sure.
10. Is my property compliant with the Americans with Disabilities Act ( ADA )?
If your property was built or renovated in Texas after 1994 then your property must comply with the Texas Accessibility Standards. Property owners are required to file plans for new construction or renovation with the Texas Department of Licensing and Regulation, which inspects buildings and issues certifications of compliance for Texas properties. If you are a property in Texas and your hotel/motel was issued a certificate of compliance by the Texas Department of Licensing and Regulation, you do not have to complete the entire ADA section of the HRA. For questions regarding the issuing of certifications, go to www.license.state.tx.us/ab/tas/abtas.htm or call (512) 463-6599. Please remember, if you were not issued a certification of compliance, you must complete the entire ADA section.
11. I have questions regarding the ADA requirements?
For inquiries regarding ADA requirements for either Texas Properties or out-of-state properties, you may call the Southwestern Disability Technical Assistance Center at (800) 949-4232. Texas properties may contact the TX Department of Licensing and Regulation Web site at www.license.state.tx.us/ab/tas/abtas.htm or call (512) 463-6599.
Out-of-State properties may access www.ada.gov.
There are lots of little variations that are constantly changling and are also not that clear cut when you have the lawyers looking at them. I would call the first number that I listed and look for the most up to date inforamtion.
I sued the federal government for refusing to accomodate me for a well-documented disability at work (gov employee)
that followed the " writte laws" perfectly. I lost. Believe me, lawyers can take any group of words and put such a spin on them, that the law really does not make much difference. It all comes down to how much money you have and who you know.
Please be careful and do not lose your job. They can make it hard for you to get another job - no matter how right you are.
- 1 decade ago
Disability and Business Technical Assistance Center (DBTAC)
Americans with Disabilities Act (ADA)
DBTAC Southwest ADA Center
DBTAC Southwest ADA Center home office is in Houston, Texas.
- vic91106Lv 71 decade ago
Your local city building department will have everything you need.
- Anonymous1 decade ago
MEMORANDUM ON THE OBLIGATIONS OF HOTELS AND MOTELS UNDER THE AMERICANS WITH DISABILITIES ACT ---- ADA cited
Hotels and motels must be accessible to individuals with disabilities, pursuant to Title III of the Americans with Disabilities Act (ADA), 42 U.S.C. 12101 et seq. The Justice Department has written a regulation to implement Title III. 28 C.F.R. Part 36.
The Americans with Disabilities Act was signed into law on July 26, 1990. The law and regulations became effective for hotels and motels on January 26, 1992. The implementation date of the law was carefully chosen to give places of public accommodation adequate notice of their new duties under the law.
The ADA defines a "place of public accommodation" to include:
[a]n inn, hotel, motel, or other place of lodging, except for an establishment located within a building that contains not more than five rooms for rent or hire and that is actually occupied by the proprietor of the establishment as the residence of the proprietor. 28 C.F.R. Section 36.104.
Places of public accommodation have a duty to provide auxiliary aids and services to individuals with hearing impairments where necessary to ensure effective communication with individuals with disabilities. 28 C.F.R. Section 36.303(c). "Auxiliary aids and services" are defined to include:
Qualified interpreters, notetakers, computer-aided transcription services, written materials, telephone handset amplifiers, assistive listening devices, assistive listening systems, telephones compatible with hearing aids, closed caption decoders, open and closed captioning, telecommunications devices for deaf persons (TDDs), videotext displays, or other effective methods of making aurally delivered materials available to individuals with hearing impairments. 28 C.F.R. Section 36.303(b)(1).
For hotels and motels, this means that access to telephone and television service is required. The regulation specifies the following services to provide this access:
(d) Telecommunication devices for the deaf (TDDs)
(1) A public accommodation that offers a customer, client, patient, or participant the opportunity to make outgoing telephone calls on more than an incidental convenience basis shall make available, upon request, a TDD for the use of an individual who has impaired hearing or a communication disorder.
(e) Closed caption decoders. Places of lodging that provide televisions in five or more guest rooms and hospitals that provide television for patient use shall provide, upon request, a means for decoding captions for use by an individual with impaired hearing.
28 C.F.R. Section 36. 303 .
The analysis to the regulation explains that, unlike other places of public accommodation (which may not offer the opportunity to make outgoing calls on more than an incidental convenience basis), hotels and motels must have TDDs available so that deaf customers can make outgoing calls from the hotel. Additionally, the hotel's front desk must have a TDD to receive calls from the hotel's guests. In this way guests with hearing impairments can avail themselves of such hotel services as making inquiries of the front desk and ordering room service. 56 Fed. Reg. 35567 (July 26, 1991). Although the DOJ rule prohibits the assessment of a charge or "surcharge" for compliance with this section, 28 C.F.R. Section 36.301(c), the analysis does state that "reasonable, completely refundable deposits" are not considered surcharges prohibited by this section. "Requiring deposits is an important means of ensuring the availability of equipment necessary to ensure compliance with the ADA. 56 Fed. Reg. 35564 (July 26, 1991).
New and Altered Hotel Construction
In addition to the requirement to provide auxiliary aids, hotels must also remove architectural barriers, including communications barriers, that are "structural in nature." New and newly renovated hotels must be built to comply with very explicit requirements in a document titled "Americans with Disabilities Act Architectural Guidelines (ADAAG).
ADAAG requires at least 4 per cent of the first 100 hotel rooms and approximately 2 percent of rooms in excess of 100 to be accessible to both mobility-impaired and deaf individuals, plus an identical percentage of additional rooms must be accessible to deaf individuals. Therefore, at least 8 percent of the first 100 rooms in new or renovated facilities must have built-in visual alarms, visual notification devices, volume control telephones, and an accessible electrical outlet for a TDD in proximity to the telephone. The accessible rooms must be dispersed among the various classes of sleeping accommodations (e.g., luxury to basic).
There are other "structural" requirements addressed by ADAAG, including the obligation to install pay TDDs and other accessible telephones where public telephones are available. ADAAG also addresses the obligation to make meeting rooms, assembly areas and conferen