June 28, 2022

Volume XII, Number 179

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June 27, 2022

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Delaying the Compliance Date for Swimming Pool Lift Requirements

On March 15, 2012, the Attorney General signed a final rule extending the date for compliance with the ADA’s new accessibility to swimming pool requirements (e.g., pool lifts) sixty days to May 21, 2012.  Shortly thereafter, the Department issued a Notice of Proposed Rulemaking to make the extension a total of 180 days which would bring the compliance date to September 11, 2012.  Many in the hotel industry were hoping that the new rulemaking would result in less onerous requirements, especially for existing swimming pools.

While no one can truly predict the outcome of federal rulemaking, based on the text of the NPRM, it appears as though the DOJ is not considering any changes to the requirements, only an extension of the date. If this turns out to be the case, then what the DOJ is doing is effectively giving the hotel industry a free pass from the pool lift requirement for this summer’s swimming season, and through next Memorial Day for those parts of the country where swimming pools close on Labor Day and don’t reopen until then.

Since it is possible, even if unlikely, that the DOJ will consider comments on the substantive requirements for existing swimming pools, you should take the opportunity to submit any written comments you may have on this subject on or before April 4, 2012.  You can  find the text of the proposed rulemaking at  http://www.ada.gov/regs2010/ADAregs2012/pools_2012_nprm_final.htm and submit your comments at http://www.regulations.gov/#!submitComment;D=DOJ-CRT-2012-0006-0001.

©2022 Greenberg Traurig, LLP. All rights reserved. National Law Review, Volume II, Number 95
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About this Author

Robert Fine, Greenberg Traurig Law Firm, Miami, Construction, Environmental and Real Estate Law Attorney
Shareholder

Robert Fine Chairs the ADA, Accessibility, Building & Life Safety Codes Practice and is a board certified construction law attorney and a Florida-registered, nationally certified architect. His practice focuses on land use, zoning, historic preservation, environmental, and administrative law. Robert’s work ranges from representation before local governments for zoning and other development approvals to building code appeals, code enforcement and unsafe structure defense; and at a state level, petitions for declaratory statements, lobbying for and challenging building...

305-579-0826
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