Changes made to the Americans With Disabilities Act in 2010 require public pool operators to install handicapped-accessible lifts or ramps. Enforcement was initially scheduled for March 15, but due to outcry from the hotel industry, the deadline was moved to Monday (May 21).
Industry confusion and concern persisted, however, prompting the Department of Justice to grant another extension last week. Pool operators now have until Jan. 31, 2013, to comply.
The Justice Department determined further extension was necessary to provide additional time for compliance and to respond to concerns and misunderstandings.
Industry groups argued there were not enough fixed lifts available to bring everyone into compliance by this month. And some hotels said they would close pools if faced with a large expense to install fixed lifts.
The American Hotel and Lodging Association, a national hotel trade group, estimated more than 100,000 lifts are needed nationwide.
Another major sticking point has been the issue of portable lifts, which do not meet the requirements but are preferred by hotels.
One portable lift could take the place of many fixed lifts, hotels say, and they can be removed when not in use. There are concerns that children will play on fixed lifts, creating a safety hazard and liability.
The American Hotel and Lodging Association praised the extension, saying it is a “significant victory” after intense lobbying efforts.
“Our hoteliers deserve credit for meeting with their members of Congress to discuss the lodging industry’s common sense solutions to this issue,” said Marlene Colucci, the association’s executive vice president of public policy. “Their efforts resulted in overwhelming congressional support, which forced DOJ to re-examine the unreasonable compliance deadline.”
The American Association of People with Disabilities, however, has argued against more time, saying the rules have been public knowledge since 2010. The group also opposes portable lifts, saying they miss the mark because disabled patrons are not able to access them independently, and they are not as secure as fixed lifts.
Earlier this month, many local properties were still in a wait-and-see mode due to talk of a possible extension.
Leading up to the May 21 deadline, hotels such as The Sagamore resort in Bolton, the Holiday Inn Turf in Lake George, the Fort William Henry Hotel and Conference Center, Marine Village in Lake George and its sister properties, the Sun Castle Resort, Lyn Aire Motel and The Inn at Erlowest, were all holding off on installation until there was more clarity.
Managers at those properties were not immediately available Monday afternoon for comment.
The Justice Department ruling does not change the terms of the proposed rule. However, legislation is pending that would provide a full year extension and allow more flexibility in meeting the requirements.
The department plans to release a technical assistance document in the near future to assist pool owners with the requirements. More information can be found at www.ada.gov/pools_2010.htm.
New or renovated facilities are also required to install lifts for public pools.
Article by BLAKE JONES | The Post-Star | May 21, 2012
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