After months of pressure from AH&LA, the Department of Justice (DOJ) yesterday issued an interpretation of when and how lifts need to be installed at swimming pools under the Americans with Disabilities Act (ADA).
Although the DOJ did not specifically address spas, the principles set forth in the DOJ guidance could apply to spas as well.
What you need to know
• Lifts need to be available and in position at each pool at all times when a pool is open to the public.
• Only “fixed” lifts are acceptable, unless a hotel can demonstrate that installing such a lift is not readily achievable**.
• For pools owned by state and local governments, sharing lifts between two pools is not allowed, unless the entity can show an “undue burden.”
• Lifts cannot be shared between a pool and a spa.
• Pool lift batteries must be fully charged and ready for use at all times the pool is open.
** If it is not readily achievable to have a fixed lift, then a portable one can be used if it meets the 2010 Standards requirements and the lift is securely in place during all operating hours.
In discussing the factors to be considered in the highly-fact dependent “readily achievable” analysis, DOJ failed to recognize “legitimate safety requirements” as a factor, even though it is in its own regulations.
AH&LA’s position
AH&LA is greatly disappointed at this interpretation, which will cost the lodging industry additional millions in compliance obligations and comes less than two months before the March 15 compliance date.
Opposition was originally expressed to a universal pool and spa mandate in comments to the DOJ during the 2008 comment cycle, and several letters in the past year requesting a reasonable interpretation of this provision were filed.
We are now considering next steps on how to respond to this unfortunate action.
Resources
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For additional information, contact Kevin Maher at kmaher@ahla.com or (202) 289-3147.
(This release is published as part of an educational partnership with IEHA.)
