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April 4 Deadline to Comment on Pool Lifts
AH&LA
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AH&LA Needs Your Story to Support White House Meeting and New Pool Lift Legislation
Congressman Mick Mulvaney (R-SC) today introduced bipartisan legislation (H.R. 4256) titled, ‘‘Pool Safety and Accessibility for Everyone (Pool SAFE) Act.’’ Pool SAFE would provide a one year delay for the Americans with Disabilities Act (ADA) pool lift requirement, allow the use of portable lifts, allow sharing of lifts between pools, and protect hoteliers from being sued during the delay period. AH&LA supports this legislation as it provides a reasonable solution to the pool lift requirement, while still providing access to travelers with disabilities. The bill has 26 original co-sponsors.
AH&LA is meeting with the White House today to discuss the confusion surrounding the Department of Justice’s Jan. 31, 2012, redefinition of what lifts are acceptable under the ADA pool lift requirement. This meeting follows the 60-day extension issued by the White House on March 15.
Next Steps for Hoteliers:
AH&LA achieved a temporary extension of the March 15 deadline – but we need hoteliers to submit comments on why this still matters to their business. If you are concerned over installing a permanent lift, tell DOJ how utilizing a portable lift or sharing it between pools will make a difference. AH&LA will submit official comments on behalf of the industry, but hoteliers are urged to submit their comments under the Notice of Proposed Rule Making by April 4 in order to demonstrate the massive impact this will have on the lodging industry.
You may submit comments by any one of the following methods:
- Federal eRulemaking portal: www.regulations.gov. Follow the Web site instructions for submitting comments. The direct link to this proposed extension is: http://www.regulations.gov/#!documentDetail;D=DOJ-CRT-2012-0006-0001. Choose the “Submit a Comment” link to add your information and comments.
- Mail: Please submit all written comments to Disability Rights Section, Civil Rights Division, U.S. Department of Justice, 950 Pennsylvania Avenue NW., Washington, DC 20530.
- Overnight, courier or hand delivery: Disability Rights Section, Civil Rights Division, U.S. Department of Justice, 1425 New York Avenue NW., Suite 4039, Washington, DC 20005.
Key points to discuss in your comments:
- I appreciate the additional 60 days to comply with the Pool and Spa Entry requirements but I do not feel this delay is adequate to bring my pool into compliance.
- The Department of Justice has offered no justification for the Jan. 31 re-interpretation.
- Similarly, DOJ has not taken into consideration costly requirements for electrical bonding under the National Electrical Code, reconstruction of pool decks, increased insurance costs, and the liability concerns for pools and spas that do not have lifeguards to ensure the safety of children and other guests and equipment.
- I have consulted with pool suppliers to comply with the ADA and learned that there is a delay of many months for delivery of a pool lift to our property. In addition, arranging for building permits and construction work will take additional time and places us at risk of being sued.
- While seeking guidance on how to comply with the ADA, I have heard conflicting guidance and interpretations from local and state enforcement offices around the country. There appears to be tremendous variations in interpretation by these local officials, many of whom are under the impression that DOJ intends the pool lift requirement to apply only to new construction.
- I believe DOJ changed the intent of the 2010 ADA regulations by adding new requirements and reducing flexibility for commercial facilities in its Jan. 31 reinterpretation. As a result, DOJ rejected reasonable accommodations such as allowing portable lifts and sharing lifts between multiple pools and spas.
- Because the DOJ reinterpretation was issued on January 31, 2012, our business was given less than two months to comply with the original deadline.
- I strongly support an additional six months to comply with the pool and spa entry requirements and a restoration of the original intent of the September 2010 ADA requirements, which would allow for portable lifts that can be made available upon request.
Click here for previous coverage of the ADA Pool Lift issue.
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