DOJ Takes Hard Line on ADA Pool Lift Guidance

After months of pressure from AH&LA, the Department of Justice (DOJ) yesterday issued a burdensome interpretation of when and how lifts need to be installed at swimming pools under the Americans with Disabilities Act (ADA).

AH&LA has participated in the regulation process at every stage over the past few years since the regulations were first released in 2008.  AH&LA hired an ADA counsel, an economic consultant, and formed six subcommittees of its membership to review various proposals, filed multiple written comments, testified at hearings, and met with numerous governmental agencies and officials.   The association did not get everything that they wanted, but got a lot of items that would have been detrimental to the lodging industry eliminated from the  new ADA regulations. This cost the association and its subsidiaries around $250,000, not counting staff time and expenses.

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.

What really aggravates the association with the ruling, is that AH&LA is scheduled to meet February 8 with the DOJ on this issue with some hoteliers.  The meeting is still on.  In addition to AH&LA legal counsel researching the next course of action with DOJ, AH&LA is forming a coalition to have a broader base for grassroots, lobbying and financial support. The association won’t give up, but keep on fighting as they have with card check or OTAs.  The association will need the support of its members supporting their initiatives to overturn this issue.

Although the DOJ did not specifically address spas, the principles set forth in the DOJ guidance could apply to spas as well.

Below is a brief summary of the DOJ’s policy on pool lifts.

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 dependant “readily achievable” analysis, DOJ failed to recognize “legitimate safety requirements” as a factor, even though it is in its own regulations.

Resources
Visit our Website for Webinars, advisories, articles, educational material, and other tools.

For additional information, contact Kevin Maher at kmaher@ahla.com or (202) 289-3147.

Vist DOJ website on pool lift policies.

Tax Credits and Deductions

The Internal Revenue Service (IRS) has allowed small businesses to claim the Disabled Access Credit if they incur expenses to accommodate disabled guests by making architectural adaptations and purchasing equipment – including ADA-compliant pool lifts.  Small businesses may claim the credit if they meet one of the following criteria:
 
     • Had revenues equaling less than $1,000,000 for the previous tax year; or
     • Have thirty (30) or fewer full-time employees.
 
Please note that the credit only applies to architectural adaptations and equipment purchases for existing facilities. Please contact your accountant or qualified tax preparer for information on how to take advantage of this benefit.