36 CFR Parts 1190 and 1191 ADA and ABA Accessibility Guidelines - Preamble (Discussion of Comments and Changes)

Comment. A hotel and motel trade group opposed any increase in the number of guest rooms required to be accessible and submitted a study it commissioned on the usage of such rooms. According to this study, 80% of accessible guest rooms remain unused by people with disabilities. This trade group also submitted comments to the draft final guidelines that included a statistical study of the number of persons who use wheelchairs based on U.S. census data (1.03% of the population age 15 years and older). Based on this information, this commenter requested that the required number of accessible guest rooms be reduced to a level consistent with assessed usage rates and population estimates.

Response. The proposed rule was consistent with the recommendations of the ADAAG Review Advisory Committee and preserved, without increase, the number of accessible guest rooms (224.2). The number of accessible guest rooms is also consistent with the International Building Code. Accessible guest rooms include features such as grab bars and other elements that benefit not only people who use wheelchairs, but also people who use crutches, canes, and walkers. Data provided by the Disability Statistics Center at the University of California, San Francisco shows that the number of adults who use wheelchairs has been increasing at the rate of 6 percent per year from 1969 to 1999; and by 2010, it is projected that 2 percent of the adult population will use wheelchairs. In addition to people who use wheelchairs, 3 percent of adults used crutches, canes, walkers and other mobility devices in 1999; and the number is projected to increase to 4 percent by 2010. Thus, by 2010, up to 6 percent of the population may need accessible guest rooms.

Data submitted by the hotel and motel trade group showed that hotel stays are almost equally divided between business travel and non-business travel. Non-business travelers usually travel as members of a household or group for vacation, special events, or leisure. In 1999, 2.3 percent of households had an adult member who uses a wheelchair; and by 2010, it is projected that 4 percent of households will have an adult member who uses a wheelchair. In addition to households with an adult member who uses a wheelchair, 7 percent of households had an adult member who used canes, crutches, walkers or other mobility devices in 1999; and the number is projected to increase to 9 percent by 2010. Thus, by 2010, up to 13 percent of households will have adult members who may need accessible guest rooms.

The Board recognizes that all the people and households that may benefit from an accessible guest room may not specifically request an accessible room, and the scoping levels reflect this fact. The statistical study submitted by the hotel and motel trade group assumed independence in accessible room requests. In reality, accessible room requests are likely to be somewhat correlated, due to hotel preferences or group travel. For smaller hotels, a slight violation of the independence assumption could lead to a higher sellout rate, as these hotels have relatively fewer accessible rooms. The hotel and motel trade group also submitted data on actual accessible room reservation requests for select hotels that implied the current demand for accessible rooms is closer to 0.8 percent than 1 percent, as in their original study. However, this sample was likely not representative and the study did not take into account data showing that the population who needs accessible rooms is growing. Hotels constructed in the next few years will serve the population for decades to come. Because of the problems with the assumptions used in the statistical study and the failure to consider future needs, the Board concluded that a reduction in the number of accessible guest rooms is not warranted.

The hotel and motel trade group has pointed out that the Board has reduced the scoping for wheelchair spaces in assembly areas by 0.33 percent for assembly areas with 501 to 5,000 seats, and by 0.5 percent for assembly areas with more than 5,000 seats. However, the hotel and motel trade group has proposed a much greater reduction in the number of accessible rooms for all size hotels with more than 50 rooms. For example, they proposed that hotels with 100 rooms provide 40 percent fewer accessible rooms (3 accessible rooms, instead of the 5 accessible rooms currently required). There are important difference between large assembly areas such as sports stadiums which may have 50,000 to 70,000 seats, and hotels. Only 1 percent of hotels have more than 500 rooms. These hotels cater to meetings and conferences sponsored by groups who reserve large numbers of rooms. Disability groups and organizations may hold meetings and conferences at these hotels and need large numbers of accessible rooms. For all these reasons, the number of accessible guest rooms has not been changed in the final rule.

Comment. The proposed rule addressed access to beds according to a table based on the total number provided in a guest room. This table, as recommended by the ADAAG Review Advisory Committee, included bed counts well into the hundreds. The table followed a sliding scale that started with roughly a 4% requirement (1 per 25 beds provided in a room) which decreased to 3% (for over 500 beds) and then to 2% (for over 1,000 beds). Comments considered the upper levels covered by the table as ridiculously high and suggested a simpler and more realistic provision.

Response. The scoping table for beds has been removed in the final rule and replaced by a flat 5% requirement that applies where more than 25 beds are provided in a guest room. Technical requirements for guest rooms require at least one bed in a sleeping room to be accessible. This provision would govern in rooms with 25 or fewer beds.