The new DOJ standard that becomes effective in March 2012 and the Access Board’s guidelines with an effective date of September 2004 are the same document. In the documents there is a section called ‘Define Terms’ and we have some changes:
a) Residential Dwelling Unit
A unit intended to be used as a residence that is primarily long-term in nature. Residential dwelling units do not include transient lodging, inpatient medical care, licensed long-term care, and detention or correctional facilities.
b) Transient Lodging
A building or facility containing one or more guest room(s) for sleeping that provides accommodations that are primarily short-term in nature. Transient lodging does not include residential dwelling units intended to be used as a residence, inpatient medical care facilities, licensed long-term care facilities, detention or correctional facilities, or private buildings or facilities’ that contain not more than five rooms for rent or hire and that are actually occupied by the proprietor as the residence of such proprietor.
There it is, in the definition. Timeshares function as primarily short-term in nature so they are transient lodging; And, the jurisdiction for transient lodging is the American with Disabilities Amendments Act (ADA).
Give us your questions or thoughts on the above article. You can post them here or on our FaceBook page at http://www.facebook.com/pages/Access-Technologies-Services-Inc/268659564730. You can also reach us at hfalstad@accessts.net or call us at (702) 649-7575. We look forward to hearing from you.
Hank
The above are opinions of Hank Falstad , AIA, Managing Senior Associate of Access Technologies Services, Inc. (ACCESS). See our web site for additional information: http://www.accessts.net/.
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