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ADA Compliance Info ADA COMPLIANCE IS MANDATORY EFFECTIVE JANUARY 31, 2013 The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability. On September 15, 2010, the ADA Guidelines finalized on July 23, 2004 (ADAAG 2004) were signed into law and now require compliance by all Title II (Public Entities) and Title III (Public Accommodations and Commercial Entities) by January 31, 2013 or when your pool opens for the summer, whichever occurs first. A Title II entity is any facility funded and operated by a local or state government – these include public schools and parks & recreation facilities. Another example would be a municipality that uses a portion of local/city taxes to fund pool operations. Title III entities are privately owned public facilities open to the public. Entities not regulated by guidelines of ADA are private communities whose facilities are used only by their residents and their guests. WHO MUST COMPLY, AND WHO DOES NOT NEED TO COMPLY? Apartments and Condominiums are governed by the Fair Housing Act and therefore do not need to comply with ADA. Homeowners Associations, private clubs (golf and tennis for example) are also generally exempt from ADA. Hotels and Motels with swimming pools clearly must comply with ADA. Exceptions and caveats are described in the two following paragraphs. An Apartment or Condominium which sells pool memberships to patrons who do not live in the community is then considered to be open to the pubic and therefore must comply with ADA. A Condominium of which the developer maintains an onsite rental office to rent units which have not sold must comply with ADA. A Homeowners Association which hosts swim meets is considered to be open to the public and therefore must comply with ADA. ADA guidelines provide specifications of certain elements in the design of new and renovated facilities to ensure that individuals with disabilities are generally able to access swimming pools and spas and use a variety of features of the facility. The guidelines are the minimum level of accessibility required and are encouraged to be exceeded. If you are at all unsure about the need for compliance, we urge you to consult your attorney. ARE YOU ADA-COMPLIANT? Q: Does my pool need a pool lift? Q: What is a point of access? Q: How do I know if my pool lift is ADA compliant?
For further information about this law, please visit these websites:
BECOME COMPLIANT – TAKE ACTION NOW!! Contact us to have our service team inspect your facility to determine whether it is in compliance with the ADA Guidelines. We will be happy to make recommendations that are both compliant and cost-effective. Please click here to view our brochure of ADA-compliant lifts. REMEMBER – compliance is required by 01/31/13. Please contact our service team today for more information or to schedule an appointment!
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