Posted by Ken Whitlow on November 15, 2010 at 7:37am
Does anyone know anything about this requirement? A large nationwide pool supply and repair store is sending out emails to large hotel chains saying this will be required by march 2011. They reference www.ada.gov which is very confusing . Anyone have any accurate info?
There is no true "start date" for the new regulations to be enforced. According to the ADA, they are looking at 3/15/2012 for retrofits, new builds need to follow the newer regulations.
Who is Affected by the new Americans with Disabilities Act revisions?
Entities affected by the 2010 revised regulations generally fall under either Title II or Title III of the Act. Title II outlines regulations for any public entity. A public entity is any activity, service, program or facility owned by any governmental agency. Title III regulates places of public accommodation, commercial facilities, and private companies that offer courses and examinations related to educational and occupational certification.
The ADA does not affect any type of residential dwelling, such as a private residence, an apartment complex, a condominium, or a home owner's association. However, if any of these residential facilities operate an element of public accommodation within their premises, these elements would be subject to ADA regulations.
Here are some examples of situations where a residential entity would fall under ADA regulations with respect to swimming pools:
• A private residential apartment complex sells memberships to their swimming facilities. This situation would be considered providing a public accommodation.
• A Home Owner's Association pool is used for swimming competitions that are open to competitors from outside the association. This situation would also be considered offering a public accommodation.
• A condominium actively rents out their units when owners are absent, including advertising, taking reservations over the phone, and providing either meals or housekeeping services. In this instance, the condominium would be considered a hotel.
• A vacation timeshare that operates as a hotel. This facility would be considered a hotel.
If any residential entity strictly limits use of their facilities to residents and their guests, they would not be subject to ADA regulations.
Although residential facilities are not required to comply with ADA regulations for swimming pools, they must comply with the Fair Housing Act. Under this legislation, a privately owned residential community must provide a barrier-free pathway up to the edge of a pool. In addition, they cannot prevent a resident from using their own apparatus to gain access to the pool, providing it does not provide a hazard for other residents. In other words, if a resident has a portable pool lift and keeps it in storage when not in use, the facility cannot prevent that resident from using the lift to gain access to the pool.
Private clubs are also excluded from ADA regulations in some cases. Final determination would be based on the control of operations, membership requirements, and the amount of fees involved. Operations that have limited or no membership requirements and minimal dues charges do not fall under the private club exclusion. If a private club limits use of their facilities strictly to members and their guests, then the club would not be subject to ADA regulations. However, if that club hosts swimming competitions or any other type of activity that opens the pool to nonmembers, the club would be required to follow ADA regulations for their pool.
For more information, visit http://www.ada.gov
To order copies of any documents, call the ADA Information Line at (800) 514-0301 or (800) 514-0383 (TTY).
For technical assistance on the guidelines for swimming pools, wading pools, and spas, call the Access Board at (800) 872-2253 or (800) 993-2822 (TTY) or email ta@access-board.gov.
To download the Access Board accessibility guidelines, click this link http://www.access-board.gov/recreation/guides/pools.htm.
who will enforce this ? the Feds or the local gov. Jennifer gave good resource info and i have called the 'speak to a expert "number on the ADA web site, one woman said only the new pools completed after july 26, 2012 would be required to be compliant.the other said all pools would have to be compliant and there was no grandfather clause. One of my hotel customers who brought this to my attention is now receiving request from lawyers to fight this legislation,so it looks like its going to be the real deal. I ask for both to email me what we discussed and they both said to read the regulation it was very clear. Do we have a lawyer on our side?
Homeowner Association pools, apartment pools, and condo pools are exempt from the new regulations if the are for residents and their guests. However if memberships are sold to the public or if condos are rented to the public they are not exempt. Hotels are open to the public so they are required to follow the new ADA guidelines. Existing pools are not grandfathered in. They must become ADA compliant unless they can show a hardship. The Justice Dept. says they will not give hardship exemptions easily. The only exemption as of today they say will be granted is if the changes will cause the pool or spa to be closed permanently.
I have started another post on this a while ago in the forum section, and have presented this information to quite a few commercial and municipal pool operators at a roundtable discussion a few weeks ago in Cleveland Ohio. I would be more than happy to answer any questions you may have regarding this, as i have been researching this for about a month and a half now. Simply message me or send me an email at matt@hastingswaterworks.com
It gets very tricky when you start talking about condo associations and HOA's and those have specific criteria they need to meet to either fall under the ADA guidlines or not.
I found out from ADA hotline that apartment pools and subdivision pools are considered residential and are not required to have these lifts.hotels and motels will be required to comply if the pool is a new pool completed after march of 2012. They urge existing pool owners to install the lift or add a ramp but there is no enforcement or fines.She did say there were people who looked for things like this to file a suit over because it was non compliant.
Comments
http://www.nspf.org/Documents/ADA_Law_Info.pdf?hq_e=el&hq_m=303...
I thought this helped clarify.
Who is Affected by the new Americans with Disabilities Act revisions?
Entities affected by the 2010 revised regulations generally fall under either Title II or Title III of the Act. Title II outlines regulations for any public entity. A public entity is any activity, service, program or facility owned by any governmental agency. Title III regulates places of public accommodation, commercial facilities, and private companies that offer courses and examinations related to educational and occupational certification.
The ADA does not affect any type of residential dwelling, such as a private residence, an apartment complex, a condominium, or a home owner's association. However, if any of these residential facilities operate an element of public accommodation within their premises, these elements would be subject to ADA regulations.
Here are some examples of situations where a residential entity would fall under ADA regulations with respect to swimming pools:
• A private residential apartment complex sells memberships to their swimming facilities. This situation would be considered providing a public accommodation.
• A Home Owner's Association pool is used for swimming competitions that are open to competitors from outside the association. This situation would also be considered offering a public accommodation.
• A condominium actively rents out their units when owners are absent, including advertising, taking reservations over the phone, and providing either meals or housekeeping services. In this instance, the condominium would be considered a hotel.
• A vacation timeshare that operates as a hotel. This facility would be considered a hotel.
If any residential entity strictly limits use of their facilities to residents and their guests, they would not be subject to ADA regulations.
Although residential facilities are not required to comply with ADA regulations for swimming pools, they must comply with the Fair Housing Act. Under this legislation, a privately owned residential community must provide a barrier-free pathway up to the edge of a pool. In addition, they cannot prevent a resident from using their own apparatus to gain access to the pool, providing it does not provide a hazard for other residents. In other words, if a resident has a portable pool lift and keeps it in storage when not in use, the facility cannot prevent that resident from using the lift to gain access to the pool.
Private clubs are also excluded from ADA regulations in some cases. Final determination would be based on the control of operations, membership requirements, and the amount of fees involved. Operations that have limited or no membership requirements and minimal dues charges do not fall under the private club exclusion. If a private club limits use of their facilities strictly to members and their guests, then the club would not be subject to ADA regulations. However, if that club hosts swimming competitions or any other type of activity that opens the pool to nonmembers, the club would be required to follow ADA regulations for their pool.
For more information, visit http://www.ada.gov
To order copies of any documents, call the ADA Information Line at (800) 514-0301 or (800) 514-0383 (TTY).
For technical assistance on the guidelines for swimming pools, wading pools, and spas, call the Access Board at (800) 872-2253 or (800) 993-2822 (TTY) or email ta@access-board.gov.
To download the Access Board accessibility guidelines, click this link http://www.access-board.gov/recreation/guides/pools.htm.
It gets very tricky when you start talking about condo associations and HOA's and those have specific criteria they need to meet to either fall under the ADA guidlines or not.
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