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ADA Pool Regulation Compliance Pushed to May 15

Community Associations Update

On Friday, the White House extended the compliance date for the pool lift requirement under the Americans with Disabilities Act (ADA) to May 15, 2012.

In addition, the U.S. Department of Justice will publish a Notice of Proposed Rulemaking on a possible six-month extension to allow more time to make compliance requirements clearer. There will be a 15-day comment period.

As we noted in our previous article, "New ADA Pool Regulation May Require Associations to Increase Accessibility for People with Disabilities," in July 2010, the U.S. Department of Justice released revised regulations for Titles II and III of the Americans with Disabilities Act (“ADA”). Among the regulations are requirements that, with certain exceptions, pools that are deemed to be “places of public accommodation” must now comply with the 2010 ADA Regulations. Specifically, pools that qualify as places of public accommodation must remove barriers to entry into facilities, so that the pools are usable by individuals with disabilities when it is readily achievable to do so, i.e., easily accomplishable without much difficulty or expense. These requirements now apply to both existing and newly built pools, spas and wading pools (e.g., kiddie pools).

What this means in the short term is that pools are not required to be in compliance by the earlier March 15 deadline. We will keep you posted as the regulations continue to develop.

This content is for your information only and is not intended to constitute legal advice. Please consult your attorney before acting on any information contained here.

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