75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
House Bill 2600
Sponsored by Representatives CLEM, GREENLICK; Representative
TOMEI, Senator MORRISETTE
CHAPTER ................
AN ACT
Relating to transient lodging for persons with disabilities.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2009 Act is added to and made
a part of ORS 659A.100 to 659A.145. + }
SECTION 2. { + (1) As used in this section:
(a) 'Lift system' means a system that:
(A) Is used to transfer a person to a bed, toilet, shower or
bathtub, but does not provide the person with independent
mobility;
(B) May be a manual lift, an electronic lift or a lift that
uses a track system; and
(C) May require operation by an assistant.
(b) 'Transient lodging' means a unit consisting of a room or
suite of rooms that:
(A) Is not occupied as a principal residence;
(B) Is typically occupied for periods of fewer than 30
consecutive days; and
(C) Includes services that are part of the regularly charged
cost of occupancy, including maid and linen services.
(2) A transient lodging provider shall ensure that at least one
room or suite of rooms of the transient lodging facility has a
lift system or multiple lift systems that enable a person with a
disability to access the following in the room or suite of rooms
occupied by the person with a disability:
(a) A bed;
(b) A toilet; and
(c) A shower or bathtub.
(3) A lift system shall be made available by a transient
lodging provider at no cost to a person with a disability, but
the person is responsible for providing:
(a) The person's own sling or other personal equipment that is
required to use the lift system; and
(b) Any assistant necessary for the operation of the lift
system.
(4) A transient lodging provider is not liable for any injury
caused by the use of a lift system, unless the injury is caused
by the gross negligence or recklessness of the provider in
relation to the provision and maintenance of the lift system.
(5)(a) The requirements of this section apply only to transient
lodging facilities that:
(A) Consist of 175 or more rooms or suites of rooms; and
Enrolled House Bill 2600 (HB 2600-B) Page 1
(B) Are newly constructed or that are altered in a manner that
affects or could affect the usability of the facility in a manner
that requires the facility to be in compliance with the
accessibility standards established by the Americans with
Disabilities Act of 1990.
(b) For the purpose of this subsection, the usability of a
facility is not affected by cosmetic changes, including, but not
limited to, changes in:
(A) Floor coverings;
(B) Wall coverings;
(C) Soft or hard surfaces, including upholstery, drapery,
window treatments, countertops, vanities and cabinetry; and
(D) Furnishings, including furniture or fixtures.
(6) Any violation of this section is an unlawful practice. + }
SECTION 3. { + Section 2 of this 2009 Act applies to transient
lodging facilities that, following the construction or alteration
described in section 2 (5) of this 2009 Act, are first available
for occupancy on or after the effective date of this 2009
Act. + }
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Passed by House June 9, 2009
Repassed by House June 23, 2009
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 22, 2009
...........................................................
President of Senate
Enrolled House Bill 2600 (HB 2600-B) Page 2
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled House Bill 2600 (HB 2600-B) Page 3