SUMMARY: By this rule, the Department of Justice is extending the date for compliance with certain requirements in the 2010 Americans with Disabilities Act (ADA) Standards for Accessible Design (2010 Standards) that relate to provision of accessible entry and exit for swimming pools, wading pools, and spas. This final rule, based on a finding of good cause, changes the date for compliance from March 15, 2012, to May 21, 2012 in order to allow additional time to address misunderstandings regarding compliance with these ADA requirements. Some pool owners and operators believed that taking certain steps would always satisfy their obligations under the ADA when in fact those steps would not necessarily result in compliance with the ADA regulations.
DATES: Effective on March 15, 2012, the compliance date for 28 CFR 35.150(b)(1), (b)(2)(ii), and 28 CFR 36.304 (d)(2)(iii) for sections 242 and 1009 of the 2010 Standards is delayed to May 21, 2012.
There was really no point in delaying this rule. The misunderstanding that they mention in the summary will still be around in 60 days. It will still be there in 10 years.
Unfortunately, the DOJ does not provide black & white answers to questions regarding existing facilities. They say that technical infeasibility and readily achievable are determined on a case by case basis. This is too ambiguous for hotel owners.
The drama continues.