18. Upon the Effective Date and continuing for the term of this Consent Decree, the following provisions shall apply to Franchised Hotels, Managed Hotels, and Joint Venture Hotels where construction begins on or after the Effective Date (“Newly Constructed Hotels”):
(a) Hotel owners seeking to construct a Newly Constructed Hotel must, prior to the start of construction, submit to the HWI ADA Compliance Officer (designated pursuant to Paragraph 27) a certification from an architect that includes the following representations:
(i) The architect has professional experience applying the requirements of the ADA and the ADA Standards.
(ii) (S)he has reviewed the plans (including architectural interior design plans if they are available prior to construction).
(iii) The plans comply with the ADA Standards.
(iv) (S)he has specifically determined that the plans provide:
(A) accessible car and van-accessible parking spaces required by the ADA Standards if parking facilities are to be provided;
(B) the number of accessible rooms for guests with mobility disabilities (including the number of accessible rooms with roll-in showers) and guests who are deaf or hard of hearing required under ADA Standards § 9.1;
(C) an inventory of accessible rooms required under ADA Standards § 9.1.2 ( i.e., rooms with features for individuals with mobility disabilities and hearing impairments) that includes at least one suite (if the hotel has more than one suite), one room with one bed, one room with two beds, and one room with a premium view (if the hotel offers more than one room with a premium view at a higher cost), one room on the executive level (if the hotel has an executive level), and one smoking room (if the hotel offers smoking rooms). At hotels where there are two or more premium views offered, the hotel shall not be required to provide an accessible room in a particular view category if fewer than 5% of the rooms at the hotel fall within that particular view category. For hotels that offer more than one category of premium view rooms, the premium view accessible room shall be in the premium view category with the most rooms. Nothing in this subparagraph requires a hotel to have more accessible guest rooms than are required under ADA Standards §9.1.2.
(D) the required number of accessible rooms for individuals who are deaf or hard of hearing as set forth in ADA Standards §§ 9.1.2 and 9.1.3, that comply with ADA Standards § 9.3. Compliance with ADA Standards § 9.3 will be achieved by providing visual alarms connected to the building emergency alarm system, and visual notification devices for incoming telephone calls and door knock or bell, and complying with all other requirements of ADA Standards § 9.3.1 ( i.e., permanently installed telephones that have volume control and an accessible electrical outlet within 4 ft. of a telephone connection).
(E) the required number of accessible rooms for individuals with mobility disabilities that comply with the ADA Standards for maneuvering clearances between and around the beds (ADA Standards §9.2.2(1)), to and within the bathroom (ADA Standards § 9.2.2(6)), thermostat and controls (ADA Standards § 9.2.2(5)), and desks (ADA Standards §§ 9(1), 4.32), and accessible rooms for individuals with mobility disabilities with accessible bathrooms that comply with ADA Standards § 4.23.
(b) Before any Newly Constructed Hotel is open to the public after the Effective Date, HWI will require the hotel owner to provide a certification from an architect that includes the following representations:
(i) The architect has professional experience applying the requirements of the ADA and the ADA Standards.
(ii) (S)he has inspected all areas of the hotel that are open to the public (including accessible guest rooms), and they comply with the ADA Standards.
(iii) (S)he has specifically determined that the hotel, as constructed, provides:
(A) accessible car and van-accessible parking spaces required by the ADA Standards if parking facilities were provided;
(B) the number of accessible rooms for guests with mobility disabilities (including the number of accessible rooms with roll-in showers) and guests who are deaf or hard of hearing required under ADA Standards § 9.1;
(C) an inventory of accessible rooms required under ADA Standards § 9.1.2 ( i.e., rooms with features for individuals with mobility disabilities and hearing impairments) that includes at least one suite (if the hotel has more than one suite), one room with one bed, one room with two beds, and one room with a premium view (if the hotel offers more than one room with a premium view at a higher cost), one room on the executive level (if the hotel has an executive level), and one smoking room (if the hotel offers smoking rooms). At hotels where there are two or more premium views offered, the hotel shall not be required to provide an accessible room in a particular view category if fewer than 5% of the rooms at the hotel fall within that particular view category. For hotels that offer more than one category of premium view rooms, the premium view accessible room shall be in the premium view category with the most rooms. Nothing in this subparagraph requires a hotel to have more accessible guest rooms than are required under ADA Standards §9.1.2.
(D) the required number of accessible rooms for individuals who are deaf or hard of hearing as set forth in ADA Standards §§ 9.1.2 and 9.1.3, that comply with ADA Standards § 9.3. Compliance with ADA Standards § 9.3 will be achieved by providing visual alarms connected to the building emergency alarm system, and visual notification devices for incoming telephone calls and door knock or bell, and complying with all other requirements of ADA Standards § 9.3.1 ( i.e., permanently installed telephones that have volume control and an accessible electrical outlet within 4 ft. of a telephone connection).
(E) the required number of accessible rooms for individuals with mobility disabilities that comply with the ADA Standards for maneuvering clearances between and around the beds (ADA Standards §9.2.2(1)), to and within the bathroom (ADA Standards § 9.2.2(6)), thermostat and controls (ADA Standards § 9.2.2(5)), and desks (ADA Standards §§ 9(1), 4.32), and accessible rooms for individuals with mobility disabilities with accessible bathrooms that comply with ADA Standards § 4.23.
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