ADA Pool Compliance Update
On May 21, 2012, the US Department of Justice released its final rule on Americans with Disabilities Act requirements for swimming pools. The deadline for compliance has been extended to January 31, 2013. The DOJ does not specifically address under what circumstances community association pools must comply with the new requirements. They did emphasize that permanent or fixed lifts are the standard; portable lifts will not satisfy the ADA requirements, which was one significant question raised by the initial rule. Additionally, they responded to the common misconception that any non-compliant pools would have to close. The final rule states:
Compliance with the 2010 Standards is only required to the extent that it is "readily achievable"—a term that means "easily accomplishable and able to be carried out without much difficulty or expense."
As originally published in the ADA Title III Regulations at § 36.104, the following criteria may be used to determine whether compliance is "readily achievable."
(1) The nature and cost of the action;
(2) The overall financial resources of the site or sites involved, the number of persons employed at the site, the effect on expenses and resources, legitimate safety requirements necessary for safe operation, including crime prevention measures, and any other impact of the action on the operation of the site;
(3) The geographic separateness, and the administrative or fiscal relationship of the site or sites in question to any parent corporation or entity;
(4) If applicable, the overall financial resources of any parent corporation or entity, the overall size of the parent corporation or entity with respect to the number of its employees, and the number, type, and location of its facilities; and
(5) If applicable, the type of operation or operations of any parent corporation or entity, including the composition, structure, and functions of the workforce of the parent corporation or entity.
Community associations with limited budgets may not be able to fund the installation of a permanent lift system in their pool. While some associations may have available funds, installation may not be "readily achievable" due to delays caused the currently high demand for lift systems. According to the final rule, these pools may continue to operate in spite of their non-compliant status.
While the final ruling has left many questions unanswered, the DOJ states that the extension of the deadline will allow the department to continue educating affected entities as to their responsibilities for compliance.