NAA/NMHC JOINT LEGISLATIVE PROGRAM NEWS
|New ADA Pool/Spa Accessibility Requirements Go into Effect May 21.
Unless the Department of Justice (DOJ) issues another extension, the new pool and spa accessibility requirements of the 2010 Americans with Disabilities Act Standards (ADA) are scheduled to go into effect on May 21. While the new requirements have a limited impact on the apartment industry, operators that open their pools/spas to the public (i.e., sell pool passes, host swim meets) or receive some federal assistance would have to comply.
Legislation to block enforcement of the new rules has been introduced in both the House and the Senate. Most notably, on May 10, the House passed the FY2013 Commerce-Justice-Science (CJS) appropriations bill (H.R. 5326), which includes an amendment to block DOJ funding of the new pool/spa regulations for one year. It is unclear if the Senate will take similar action.
In addition, the House Judiciary Committee held a subcommittee hearing on April 24 to discuss the DOJ’s guidance and specifically its failure to adhere to the Administrative Procedure Act (APA). NAA/NMHC weighed in with a letter of support for the proposed rule (FR 2012-6747), which would extend the compliance deadline until September 17.
The DOJ hosted a webinar to clarify how the new provisions apply to existing pools/spas at public accommodations. An archived version of the May 2 webinar will be posted here.
NAA/NMHC are working with outside counsel to provide additional guidance on the accessibility requirements. Additional information is available here.
This article published compliments of the National Apartment Association. If you have any questions, please contact your local affiliate, the Apartment Association of Orange County, at (714) 245-9500.