American Pool Launches Apartment Complex, Condominium or Homeowners Association: Is my Pool Subject to the 2010 ADA Standards? Online Questionnaire
Posted on December 2, 2010 to ADAThe recent changes to the American Disabilities Act regarding recreational facilities, including swimming pools has a lot of property managers, owners, facilities managers and the like asking the question “Does my pool have to comply?”.
Owings Mills, MD December 2, 2010
Understanding the ins and outs of proper swimming pool maintenance and care can be complex. Commercial swimming pool facilities require a lot of work and often times, the owners themselves aren’t entirely sure how to best care for one of their biggest property investments. American Pool Enterprises, Inc., (APEI) the leader in commercial swimming pool management, maintenance and construction has launched an online tool to help you evaluate whether your facilities is required to comply called “Apartment Complex, Condominium or Homeowners Association: Is my Pool Subject to the 2010 ADA Standards?”.
Click here to access the questionnaire.
The recent changes to the American Disabilities Act regarding recreational facilities, including swimming pools has a lot of property managers, owners, facilities managers and the like asking the question “Does my pool have to comply?” and simply put this is not a simple answer.
Entities affected by the 2010 revised regulations generally fall under either Title II or Title III of the Act. Title II impacts commercial facilities while Title III impacts private entities. Title II and Title III standards must be updated from the 1991 ADA standards when alteration / renovation of places of public accommodation are made.
Title II changes to the Federal Law will require all commercial facilities, both existing and new construction to provide specific accommodations for disabled pool patrons including: Hotels, Motels, and Health Clubs to name a few.
Title III outlines regulations for any private entity, residential dwelling, such as a private residence, an apartment complex, a condominium, or a home owner’s association. The ADA does not affect any type of residential dwelling, such as a private residence, an apartment complex, a condominium, or a home owner’s association. However, if any of these residential facilities operate an element of public accommodation within their premises, these elements would be subject to ADA regulations. Also; the entity will be deemed places of public accommodation, and therefore subject to the ADA, when they “affect commerce” and are “open to the public”. Any exchange of money will likely be found to “affect commerce”
Here are some examples of situations where a residential entity would fall under ADA regulations with respect to swimming pools:
• A private residential apartment complex sells memberships to their swimming facilities. This situation would be considered providing a public accommodation.
• A Home Owner’s Association pool is used for swimming competitions that are open to competitors from outside the association. This situation would also be considered offering a public accommodation.
• A condominium actively rents out their units when owners are absent, including advertising, taking reservations over the phone, and providing either meals or housekeeping services. In this instance, the condominium would be considered a hotel.
• Use of government funds
Residential communities must comply with the Fair Housing Act. Under this legislation, a privately owned residential community must provide a barrier-free pathway up to the edge of a pool. In addition, they cannot prevent a resident from using their own apparatus to gain access to the pool, providing it does not provide a hazard for other residents. In other words, if a resident has a portable pool lift and keeps it in storage when not in use, the facility cannot prevent that resident from using the lift to gain access to the pool.
While the new rules took effect this fall, compliance under the 1991 standards is deemed acceptable until March 15th, 2012. The remediation proposed should be eligible for tax credits/deductions up to 50% of the first $10,000. Speak to your tax advisor for complete details. Additionally, the Federal government offers tax incentives for access barrier removals.
1. A tax credit for small businesses that remove access barriers from their facilities, provide accessible services, or take other steps to improve accessibility for customers with disabilities
2. A tax deduction for businesses of all sizes that remove access barriers in their facilities or vehicles
To help you navigate these complex waters, we highly recommend that you work with your swimming pool professionals, contact us if you don’t have one, and your lawyers to understand your compliance requirements under this new law.
America’s leader in Pool Construction, Maintenance, Repair and Renovation, Lifeguarding and Recreational Facility Management
That may sound like a lofty claim, but after 25 years of quality and excellence in the commercial and residential pool industry, we’ve proven it with every pool we’ve constructed, repaired, serviced, maintained and staffed with lifeguards. We truly are a partner to our clients, offering the complete range of service offerings to the apartments, home owner communities, country club, golf club and swim clubs, private home owners, hotels and motels and federal, state and local governments. As an organization, we have partnerships in place with the Environmental Protection Agency (EPA) and the Maryland Green Registy to show our committment to reducing our clients environmental footprint. We are also active investors/buyers in existing commercial swimming pool companies that want to join our growing organization. Contact us for more information.
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