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ADA Regulations Update - Recreational Facilities
publication date: Jan 18, 2014
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author/source: Dan Marcec
Here's a list of the newly covered elements that will be affected at hotels and resorts:
In addition to the fact that recreational standards have been outlined for the first time, which means there are no safe harbors or grandfather clauses, the 2010 set of standards also introduced another first. The Department of Justice (DOJ) now has put a number on how much properties can be fined for violations, to the tune of $55,000 for the first fine and $110,000 for any subsequent fines. While the deadlines and regulations seem pretty straightforward, don't be surprised if commercial property owners try to call the government's bluff. While you never know what kind of extensions you might be able to get, you have to ask yourself if it's worth the risk. If it ends up your deadlines will not be extended, you can expect it to be more expensive and more difficult it becomes to place an order, on top of the potential fines levied by the DOJ. Pools & Spas The basis for swimming pool and spa guidelines are all centered upon access, and the new standards dictate either purchasing a pool lift or renovating it completely:
For spas (in this case, whirlpools) and wading pools, the standards are similar. If a property has one spa, obviously it must be accessible, and if there is more than one, 5 percent of the total must be accessible. Furthermore, at a resort property for example, if there is more than one cluster of whirlpools, 5 percent of each cluster must be accessible. Accessibility for a spa is defined by a lift, a transfer wall or a transfer system. "In new construction, a transfer wall is probably the most practical option, but existing properties will find that challenging," says Vu. "Lifts seem the most likely installation for retrofits." Each wading pool must provide at least one sloped entry into the deepest area. However, Vu says this may not be "readily achievable" based on the traditional size of a small wading pool compared to the proportions the standards require. (see our previous piece on ADA regulations, linked above, for more details on what is "readily achievable.") While the guidelines are clearly laid out, the new requirements have left unanswered questions. For example, AH&LA submitted a letter to request clarification on whether you can have a portable pool lift and whether it has to be all the time or only brought out on request. While there is no requirements saying a lift has to be screwed down to the deck, and a good one will function just like one that's stationary, the question remains how quickly a portable unit would have to be provided if requested. "If a person has to wait what could be conceived as an unreasonable amount of time to gain access to a good or service by a public accommodation disproportionate to a regular wait, it's disparate treatment," says Vu. "Therefore, I think every hotel has to ask itself if the operation is capable of responding to a request to bring a pool lift in a ‘timely' way? If the answer is no, it's probably not practical to have a portable lift." Also, the regulations actually say that there must be one lift for each body of water. That means if your hot tub and pool are separate, you're on the hook for two lifts, and perhaps two fines if both are not accessible. Exercise Rooms Fortunately, unlike the pool access standards, exercise rooms for most properties likely won't cost much - or anything - other than some time and effort to rearrange what you have and perhaps the inconvenience of losing a piece or two. The new rules dictate that at least one of each type of exercise equipment must provide a 30" x 48" clear floor space positioned for transfer by someone using a wheelchair, in addition to being on a 36" wide accessible route. "Originally, we were concerned with space requirements, because positioning them as proposed means you couldn't put ellipticals and treadmills close to save space, as is traditional in small hotel exercise rooms," says Vu. "However, the DOJ came back with helpful clarification that said for machines on which you have to stand up, you can put the clear floor space in the pathway route, which will allow people to keep most of their equipment." All these issues considered, it's important to plan for the inevitable, a compliance date of March 15, 2012 for the new ADA standards. While there certainly are legitimate reasons why some hotels could receive leeway, in general these regulations will be enforced and you need to be ready. Hotel Interactive will continue to detail this information for you and include responses to your questions, so stay tuned to our coverage in the coming months. Wednesday, January 04, 2012 |
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