DOJ Acknowledges Complications; Allows Some Flexibility
May 31, 2012 - On May 24, 2012, the Department of Justice (DOJ) issued two new guidance documents related to its interpretation of the requirements for pool and spa accessibility in the 2010 Standards for Accessible Design. These documents follow the May 17 announcement by DOJ extending the compliance deadline for pool and spa entry to January 31, 2013.
These documents provide some helpful clarifications, but are also a restatement of previous positions by DOJ. AH&LA members are urged to review our analysis available in the ADA members only section of AH&LA's Website by clicking here. (must be logged in)
Positive results include:
• A more flexible definition of affixed.
• DOJ will not look to the finances of the franchisor to determine what is 'readily achievable.'
• If a pool operator purchased a portable lift before March 15, 2012 - that property does not need to affix the portable lift at this time.
• If a lift has been ordered, a pool operator does not need to close a pool while waiting to receive the lift.
Results that AH&LA will continue to fight:
• Pool lifts must be out whenever a pool is open.
• Pool lifts cannot be shared between pools or spas.
• A pool lift must be affixed to the deck.
• Again, for a detailed analysis of the DOJ documents, click here.
AH&LA continues to fight for common sense solutions to ADA compliance. For previous information on the ADA pool lift requirement, including AH&LA's January 31 extension victory, click here.
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