“…the Department of Justice (DOJ) last night announced a substantial postponement of the ADA compliance date for existing pools and spas with ADA requirements for accessible entries. The new compliance date – January 31, 2013 – is more than an additional nine months beyond the original date of March 15, 2012…”
“The extension is fair and sensible and the lodging industry supports it,” said AH&LA President/CEO Joe McInerney.
AH&LA began its efforts immediately after DOJ first announced in a guidance dated January 31, 2012 that pool lifts used to provide accessible entries into existing pools and spas must be “fixed” unless not “readily achievable,” next to the pool/spa at all times when the facilities are open, and cannot be shared between two bodies of water even if they are in the same location. DOJ subsequently clarified that that “fixed” means attached to the pool deck in some way. This means that “portable” lifts brought out upon request would not be acceptable, raising new concerns among members about safety risks and costs posed by “fixed” lifts. The hospitality and business community viewed this announcement to be a significant change from the pool lift requirements issued by DOJ in its September 15, 2010 final regulations and began its intensive campaign to both reverse these substantive changes and delay the compliance date.