Update on the Pool requirement for hotels under the ADA.

Hotels, water parks, and other facilities with pools recently got another extension to comply with American Disability Act standards, the Associated Press reports.

The Justice Department initially set a March 15, 2012 deadline, but last week extended it to early next year. The ADA rules in question, published in 2010, require new pools to have built-in lifts. Owners of older pools hoped they could be ADA compliant with portable lifts, but in January the Justice Department issued technical guidance, requiring fixed lifts at existing pools. The document was updated May 24.

Also, there’s an exemption that allows existing pools to avoid the requirement if owners find compliance is “not readily achievable.” Determining if a pool could use that exception, the AP reports, could be difficult.

On Thursday, the Justice Department said pool owners who bought portable lifts before the previous March 15 deadline would be in compliance, providing the lift is in place when the pool is open.

“We got such an overwhelming response indicating the widespread misunderstanding of the law and indicating that the pool lift manufacturers are having trouble meeting the demand, so we wanted to make sure people had enough time,” Eve Hill, a senior attorney in the Justice Department’s civil rights division, told the AP.

Some say the hotel industry is behind the deadline extention. They also blame election year politics.

“It’s a little disingenuous to say that came out of nowhere,” Heather Ansley, a lawyer with United Spinal Association, told the AP.

You can read the original story here.

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As promised, the Department of Justice has posted an ADA Primer for Small Businesses.

This document explains many of the confusing requirements that the ADA has in addition to building code like requirements.  Basically, the safe harbor for older ADA compliance with 1990 standards is an option for businesses wanting to comply with the ADA up until March 15, 2012.  The safe harbor applies to elements on a case by case basis.

After March 15, 2012 businesses WILL NO LONGER HAVE THE OPTION as to which standard they want to comply to.  So if an older standard is easier to achieve, that option will no longer be available after March 15, 2012.  You will have to comply with the 2010 ADA standards.

If you’ve been following us on this blog or if you have been to one of our ADA Seminars on ADA Compliance then you understand that the majority of places of public accommodation are in fact not compliant with even the older ADA 1990 standards.

In  many cases, older standards can be more stringent.  For example, the ADA of 2010 allows some tolerances for the centerline position of toilets.  If you are in California, this might make a difference, or it might not as the California Building Code still applies.

Many of the issues in the PDF affect issues of policy, for instance

• Braille Menus or readers must be required
• Service Animals are now defined solely as Dogs (except in one particular case, miniature horses)
• Communication with Customers must be readily available in NON-Verbal Exchanges

These are the main requirements.  As always, readily achievable barrier removal must be performed whenever possible.  A few examples of these include

• Lowered Counters
• Clear floor space underneath controls
• Steps at the Main Entrance
• Installing Amenities and Grab bars in the Restrooms
• Many Parking Accessibility Issues

We will example some of these in details in later articles.  For now, though you should look at the PDF.  Also be aware that the safe harbor does not apply in cases like

• Accessible Showers
• Saunas
• Residential Facilities
• Play Areas
• Swimming Pools

There are many more requirements, but if you are an average business owner than you are probably not effected by these.

For now though, this ends the summation of this guide.  The link again, is here: http://www.ada.gov/regs2010/smallbusiness/smallbusprimer2010.htm#policies

As always if you have any comments, questions or concerns feel free to call us at 866 982 3212 x1 or email us at help@ytaccess.com