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Note: This document or portion of document references a state or local code that aligns with the 2010 ADA Standards requirements.

11B-224.5 Dispersion.

Guest rooms required to provide mobility features complying with Section 11B-806.2 and guest rooms required to provide communication features complying with Section 11B-806.3 shall be dispersed among the various classes of guest rooms, and shall provide choices of types of guest rooms, number of beds, and other amenities comparable to the choices provided to other guests. Where the minimum number of guest rooms required to comply with Section 11B-806 is not sufficient to allow for complete dispersion, guest rooms shall be dispersed in the following priority: guest room type, number of beds, and amenities. At least one guest room required to provide mobility features complying with Section 11B-806.2 shall also provide communication features complying with Section 11B-806.3. Not more than 10 percent of guest rooms required to provide mobility features complying with Section 11B-806.2 shall be used to satisfy the minimum number of guest rooms required to provide communication features complying with Section 11B-806.3.

DOJ icon
Advisory 11B-224.5 Dispersion. Factors to be considered in providing an equivalent range of options may include, but are not limited to, room size, bed size, cost, view, bathroom fixtures such as hot tubs and spas, smoking and nonsmoking, and the number of rooms provided. 

ETA Editor's Note

This Access Board Note was taken from ADA Title III §36.406(c) Standards for New Construction and Alterations; Places of Lodging.

[ADA Title III] U.S. Access Board's Note to Reader:

The Department of Justice’s ADA standards also require the following:

§36.406(c) Places of lodging.  Places of lodging subject to this part shall comply with the provisions of the 2010 Standards applicable to transient lodging, including, but not limited to, the requirements for transient lodging guest rooms in sections 224 and 806.

1) Guest rooms.  Guest rooms with mobility features in places of lodging subject to the transient lodging requirements of 2010 Standards shall be provided as follows--

          i) Facilities that are subject to the same permit application on a common site that each have 50 or fewer guest rooms may be combined for the purposes of determining the required number of accessible rooms and type of accessible bathing facility in accordance with table 224.2 to section 224.2 of the 2010 Standards

          i) Facilities with more than 50 guest rooms shall be treated separately for the purposes of determining the required number of accessible rooms and type of accessible bathing facility in accordance with table 224.2 to section 224.2 of the 2010 Standards.

2) Exception.  Alterations to guest rooms in places of lodging where the guest rooms are not owned or substantially controlled by the entity that owns, leases, or operates the overall facility and the physical features of the guest room interiors are controlled by their individual owners are not required to comply with § 36.402 or the alterations requirements in section 224.1.1 of the 2010 Standards.

3) Facilities with residential units and transient lodging units.  Residential dwelling units that are designed and constructed for residential use exclusively are not subject to the transient lodging standards.

ETA Editor's Note

The following Access Board Note was taken from ADA Title II §35.151(f) New Construction and Alterations; Housing at a Place of Education, and from ADA Title III §36.406(e) Standards for New Construction and Alterations; Housing at a Place of Education. Wording from these two sections is the same.

[ADA Titles II & III] U.S. Access Board's Note to Reader:

The Department of Justice’s ADA standards also require the following:

Housing at a place of education.  Housing at a place of education that is subject to this part shall comply with the provisions of the 2010 Standards applicable to transient lodging, including, but not limited to, the requirements for transient lodging guest rooms in sections 224 and 806, subject to the following exceptions. For the purposes of the application of this section, the term "sleeping room" is intended to be used interchangeably with the term "guest room" as it is used in the transient lodging standards.

1) Kitchens within housing units containing accessible sleeping rooms with mobility features (including suites and clustered sleeping rooms) or on floors containing accessible sleeping rooms with mobility features shall provide turning spaces that comply with section 809.2.2 of the 2010 Standards and kitchen work surfaces that comply with section 804.3 of the 2010 Standards.

2) Multi-bedroom housing units containing accessible sleeping rooms with mobility features shall have an accessible route throughout the unit in accordance with section 809.2 of the 2010 Standards.

3) Apartments or townhouse facilities that are provided by or on behalf of a place of education, which are leased on a year-round basis exclusively to graduate students or faculty and do not contain any public use or common use areas available for educational programming, are not subject to the transient lodging standards and shall comply with the requirements for residential facilities in sections 233 and 809 of the 2010 Standards.

The Department of Justice's title II and title III regulations include requirements for social service center establishments which are noted in section 233 (Residential Facilities).

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