Update from the US Access Board
At the request of Josh Schorr, Technical Assistance Coordinator at the U.S. Access Board, APA is sharing important guidance regarding interpretation of the ADA Table 224.2 about roll-in showers in transient lodging facilities:
In transient lodging facilities, can roll-in showers be provided in those accessible guest rooms not required to have them?
Yes. The principle applicable to statutes that a heading does not create a legal obligation would seem to apply to headings in tables in the ADA Accessibility Guidelines, both as issued by the Access Board and as later adopted as enforceable standards under the ADA by the Department of Justice. Even if the headings were supposed to convey some legal obligation, the most that can be said is that the meaning of the headings is ambiguous, so other sources may be consulted to resolve to determine intent.
Table 224.2 sets out the required number of guest rooms with mobility features required based on the total number of guest rooms in a facility. One column indicates the “Minimum Number of Required Rooms without Roll-In Showers,” and it is followed immediately by a column headed “Minimum Number of Required Rooms with Roll-In Showers.” One reading of the heading in the first of the two columns is that it describes accessible guest rooms in which roll-in showers (standard or alternate) with folding seats are prohibited. A better reading of the two column headings together, however, is that the second of the two columns describes the number of rooms that must have compliant roll-in showers, while the column preceding it denotes the number of other accessible rooms with mobility features that may, but need not, have roll-in showers.
Section 806.2.4, which describes toilet and bathing facilities Within transient lodging guest rooms with mobility features, supports this second reading. It says, “No fewer than one water closet, one lavatory, and one bathtub or shower shall comply with applicable requirements of 603 through 610.” The sentence that follows specifically calls out the requirements of 608.2.2 and 608.2.3 for guest rooms required to have roll-in showers. But these sections are not specifically exempted from the general requirement for guest rooms with mobility features, since they are included within those sections from 603 through 610. Thus, any type of accessible bathing fixture complying with 607 or 608 is permitted.
It is also appropriate to consult the Access Board’s own interpretation of its guidelines, as set out in the Preamble accompanying the 2004 Guidelines. The following comment and the Board’s response to it appears in the Preamble:
“Comment. Seats are required in transfer compartments and roll-in showers in transient lodging guest rooms (608.4). The proposed rule indicated that transfer compartments may have “attachable or integral seats,” while folding seats were specified for roll-in showers provided in transient lodging guest rooms.
Response. The Board has revised the rule to permit “folding or non-folding” seats in transfer compartments. A certain portion of accessible guest rooms are required to have bathrooms with roll-in showers (224.2). The requirement for folding seats has been revised to apply only to those roll-in showers “required” in transient lodging guest rooms. For example, a hotel with 100 guest rooms would be required to have at least 5 guest rooms that are accessible, one of which would have to provide a roll-in shower; the shower provided in this room would be required to have a folding seat, while the other 4 rooms could be equipped with either tubs, transfer showers, roll-in showers with or without seats, or some combination thereof.”
The best understanding of the scoping provision concerning accessible guest rooms with mobility features is that the Board wanted to ensure that a certain number of such rooms would have roll-in showers, assuming the total number of rooms was large enough, while allowing for their use in other guest rooms requiring mobility features.
Dispersion requirements (224.5) apply and transient lodging facilities must “provide choices of types of guest rooms, number of beds, and other amenities comparable to the choices provided to other guests”. If providing non-accessible transient lodging guest rooms with bathtubs, then there must be an accessible bathtub within at least one transient lodging guest rooms with mobility features. Additionally, to meet the accessibility needs of guests, removable or portable shower chairs should be available upon request if providing roll-in showers without fixed seats.
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