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DOJ Extends Compliance Date for Accessible Entry to PoolsThe Department of Justice (DOJ) released documentation on Friday that extended the compliance date for sections 242 and 1009 of the 2010 Americans with Disabilities Act (ADA) to January 31, 2013. These rules required pool owners to provide at least one accessible means of entry, one of which must be a pool lift. Pools of 300 linear feet or more were required to have two means of entry. They also specified the location of the means of entry.
The deadline for these rules had originally been extended from March 15, 2012, when the ADA went into effect, to May 21, 2012. During this time a two week comment period was held to consider extending the deadline further extending the deadline. More than 50% of the 1,915 comments received were from persons of or involved with the disability community. 1,420 of those comments supported the proposed extension and approximately 495 were opposed.
Based on the comments received DOJ determined the extension was needed in order to allow them to release additional technical assistance documents, to allow time for pool lift suppliers to obtain an adequate stock of compliant pool lifts and to prevent pool owners from mistakenly closing their pools because they have not yet been able to bring their pools in compliance.
DOJ made a point to re-explain to pool owners that they would not have necessarily been forced to close their pools, because of the fear of legal action, for reasons such as them not being able to obtain a lift because they were out of stock or because they couldn't afford the extra expense. "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."
Another matter soon to be considered by the Senate is the spending cut proposed in the spending bill for the Departments of Commerce and Justice for 2013 (H.R. 5326). It would prevent DOJ from using any expenses to enforce compliance with sections 242 and 1009 of the ADA.
Amendment from DOJ Granting the Extension
Technical Assistance Document Released!
View it here.
Survey: Was DOJ Right to Extend the Compliance Date for Pool Lifts to Jan. 31, 2013?