Jurisdiction for Condominiums which are Included in Hotel Rental Pools

Question: What is the jurisdiction for accessible condominium units that are put into a hotel rental pool:  (a) Fair Housing Act, or (b) The Americans with Disabilities Act?

Based upon the Marriott opinion letter to William B. Ingersoll of Ingersoll and Block from John R. Dunne, Assistant Attorney General, Civil Rights Division, (please see the following link:  http://www.usdoj.gov/crt/foia/cltr004.txt), it is the opinion of ACCESS that when the condominium units are put into the hotel rental pool, they operate more like a hotel (transient lodging) than as a residence.  Therefore, the design criteria should be PL101-336, The Americans with Disabilities Act (ADA).  Thus, the guideline jurisdiction is the ADA Accessibility Guidelines (ADAAG); Final Rule, plus the IBC 2006 and the ICC/ANSI A117.1-2003.

The above are opinions of Hank Falstad, AIA, Managing Senior Associate of Access Technologies Services, Inc. (ACCESS).  See our web site for additional information:  www.accessts.net.

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