Swimming Pool access delayed.

http://www.ada.gov//regs2010/final_rule_pools.htm

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.

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3 Responses to Swimming Pool access delayed.

  1. Steven Jackson says:

    I’m curious on how private membership pools are affected by the new 2012 Texas TAS regulations? Are they going to be required to retrofit their pools to comply if they are a membership only pool? A second question to this is if this same pool membership allows the pool to be rented out for parties (a member has to be part of the party rental), will it fall under a public pool category and have to be renovated?

    • jeromymurphy says:

      The Texas Standards are a construction standard and only apply to facilities that are newly constructed or altered. Therefore, existing pools that are not altered will not be subject to compliance with the Texas Accessibility Standards. Contrast that with the ADA, Title III, which requires that public accommodations provide access to existing facilities when it is readily achievable to do so even if no alterations are planned.

      The pool you describe sounds like it is part of a private club or private community and would not be considered a public accommodation. Facilities at a private club are not subject to the ADA requirements. Keep in mind that determination of “private club” will be on a case by case basis. For example, a fitness center that requires a monthly membership fee, is not usually considered to be a private club.

      • Steven Jackson says:

        Thanks Jeromy for the information. I know the new pool requirements has a lot of facilities worried, especially hotels. This could be a very costly upgrade for most facilities.

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