Pro Fixed Pool Lift Myths and Truths
The ADA pool requirements are not burdensome! In an existing hotel, all that's required is what's “readily achievable.” Large hotels and big chains should provide full access. The ADA is already flexible. It does not need to be weakened.
No one knows when they will need accommodations due to the onset of a disability. The business objection to complying with this aspect of the ADA is the same as it was 20 years ago when they balked at making accessible entrances to restaurants, accessible over the road buses and accessible bathrooms. These are all things we take for granted today. Americans with Disabilities are today, thanks to the ADA, integrated into our community as baseball fans, shoppers, voters, cruise ship passengers and hotel vacationers. These ADA requirements for recreation facilities, including swimming pools, will assure that people with disabilities will have opportunities that have been available to the general public all along. Recreation opportunities should not be withheld on the basis of disability.
Myth: Fixed lifts cost too much.
Reality: Untrue! The requirement to provide a pool lift is based on the principle of “readily achievable” barrier removal under ADA, so if they can’t afford it they can wait until they can. There are also generous tax incentives available to offset the expense. IRS Tax Code Section 44 and 190 allow for credits (dollar for dollar) and deductions (reducing the gross amount you are paying tax on) that can get the pool owners’ investment back. Plus the pool owner will benefit from increased use of their hotel amenities.
A public accommodation (e.g. hotel, health center) is not required to install a pool. If they choose to have a pool as an amenity, all guests pay for the cost of the pool whether they use it or not. Paying such a small incremental cost for a chairlift is the same concept.(The cost of the pool lift is estimated to be less than 3% the cost of the entire water feature.) It is paid for by all guests regardless of whether they choose to use it. It is merely a cost of doing business like all other safety and accessibility features in a public accommodation.
Myth: Hotels don’t know where to purchase the equipment.
Reality: Any local vendor of medical equipment should either be a supplier or know several companies that are. Pool equipment suppliers will also be able to help. With the increased demand, the opportunities for healthy competition and best price for the pool owner will follow.
Myth: Hotel’s will have addition liability of have people with disabilities in their pool.
Reality: There is no more liability for the pool owner because they provide access to everyone. A person with a disability who can’t swim isn’t going to use the pool lift. Title II entities have provided access into the water via pool lifts in cities all across the country without people drowning who suddenly had access to the water! There is no evidence that shows that pool lifts are any less safe than other components of a pool facility when they are used inappropriately.
Many safety features are required when installing a pool: non-slip surfaces, railings, childproof gate locks, etc. A pool chairlift is another safety feature that public accommodations should welcome as it will potentially avoid legal action for injuries to guests who are safer using such a chairlift.
Myth: There hasn’t been enough time before making them required.
Reality: The March 15, 2012 effective date for the 2010 Standards reflected an 18-month delay in implementation of the revised requirements. That delay was provided, in part, to allow businesses sufficient time to consider the new requirements while developing plans to meet their on-going barrier removal obligations. Now, the implementation of the revised requirements has been delayed until January 2013. There has been plenty of time provided to clear up “misunderstandings” by the hospitality industry of the requirements.
Myth: A portable lift would work just as well, especially for sites with multiple water features.
Reality: Most portable lifts are really medical, not recreational devices. If the lift is not visible, how will the guest know there is one? They would not be able to access the pool without asking for someone to go get the lift, eliminating equal access to the pool. Non-disabled guests do not need to ask for pool access. The idea that one pool lift will be adequate when the site has multiple water features, assumes only one person will need the lift at a time. There may be multiple people at different water features needing the pool lift at the same time. This would be like having on removable ramp for multiple doorways and having to ask someone to go get the ramp!