The chamber met with the Office of Management and Budget to signal its concerns, and it is informing members of Congress that it does not want the Justice Department to go further than the Access Board guidelines or extend the guidelines to existing facilities. The National Federation of Independent Business said it is polling its members on the cost of compliance with the current rules.
Kevin L. Maher, vice president of governmental affairs for the American Hotel & Lodging Association, said some of the provisions create problems where none exist, such as increasing the number of parking spaces and rooms outfitted to accommodate guests with disabilities. "The demand is met by the supply we already have," Maher said.
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Carolyn Gray, an attorney who represents companies in cases involving the ADA, said some of the changes seem simple until they have to be implemented. "I'm not sure the federal government recognizes the implications of the changes they are proposing or the actual benefits of the changes."
The Access Board estimated that the new guidelines, when applied to new projects, would add 0.01 percent to 0.5 percent to construction costs, compared with current requirements. The Justice Department is doing a broader and more detailed economic assessment that includes the cost of making changes to existing facilities.
David Yanchulis, an accessibility specialist with the Access Board, said some of the guidelines were modified to respond to business's concerns.
For stadiums and arenas, for example, the board reduced the space that has to be made available for patrons with disabilities in facilities with more than 500 seats, he said.
Currently, one space must be provided to accommodate a wheelchair or walker for every 100 seats. The new guidelines call for one space per 150 seats, up to 5,000 seats. The number is reduced further for facilities with more than 5,000 seats -- it becomes 0.5 percent of the total seats. Self-service gas stations got an exemption from a 48-inch "reach" requirement for certain pumps; they can be 54 inches if they are installed on existing platforms.
Advocates in the disability community said the upgrade is necessary because accessibility technology has progressed in the last decade and, in many cases, state and local building-code requirements outstrip the federal requirements.
"The adoption of the guidelines is the right thing to do, and it's long overdue," said Brian Black, director of building codes and standards for the United Spinal Association, a national advocacy group.
