News & Events

Deadline for Pool and Spa ADA Compliance Almost Here

By: David Gevertz

Submitted by Firm:
Baker, Donelson, Bearman, Caldwell & Berkowitz, PC
Firm Contacts:
Kathlyn Perez, Phyllis G. Cancienne, Robert C. Divine
Article Type:
Legal Update
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January 31, 2013, marks the deadline for hotels and other public accommodations to comply with the Americans with Disabilities Act’s standards concerning accessible entry to and exit from existing swimming pools, wading pools, and spas.  This deadline also covers the use of pool lifts. 

Although the effective date for implementing these standards was originally March 15, 2012, the United States Department of Justice extended this deadline in response to public comments and concerns.  This grace period ends on January 31, 2013. 

There are substantial risks of non-compliance with these standards.  The DOJ may obtain civil penalties of up to $55,000 for the first violation and up to $110,000 for subsequent violations.  Noncompliance also increases the risk that interest groups or a “drive-by” plaintiff will file a lawsuit against your property. 

For more information, see: http://www.ada.gov/pools_2010.htm.