ADA Requirements for RV Parks and Campgrounds
2010 ADA Standards
2010 ADA Standards for Accessible Design (2010 Standards)
The Americans with Disabilities Act (ADA) Title III Regualtions require that public accommodations (e.g., owners, operators, lessors and lessees of hotels, resorts, swim clubs, and sites of events open to the public) remove physical barriers in each existing building or facility to the extent that it is readily achievable to do so (i.e., easily accomplishable and able to be carried out without much difficulty or expense). However, the Department of Justice (DOJ) regulation does not establish a "quantifiable connection" or other mathematical formula to determine if barrier removal is "readily achievable."
Determining whether removal of a particular barrier is readily
achievable requires a case-by-case assessment that may vary from
business to business and sometimes from one year to the next for the
same business. It is important to note that the barrier removal obligation is a
continuing one, and it is expected that a business will take steps to
improve accessibility over time. The DOJ recommends that public
accommodations not yet in compliance develop an implementation plan designed to achieve
compliance with the ADA's barrier removal requirements over time.
ARVC Additional Guidance on "Readily Achievable"
UPDATE: As of September, there is nothing new to report on whether portable pool lifts will be determined acceptable to comply with the new requirements. While we don’t yet have clarification on what the final decision will be, ARVC has developed a tool to help parks determine was is or is not “readily achievable.” This form generates a business plan which will be required if you determine compliance is not “readily achievable.” Read more
UPDATE: The Justice Department has announced on it's website plans to publish a new rule on Monday, May 21st, extending the compliance date to January 31, 2013. Read more
UPDATE: Industry Leadership is hopeful that a 6-month extension will be announced before the current deadline, Monday, May 21, 2012.
ADA 2010 Revised Requirements: Accessible Pools – Means of Entry and Exit (Jan 2012)
ARVC, in conjunction with the American Hotel & Lodging Association (AHLA), is requesting its members to contact the Honorable Thomas E. Perez, Assistant Attorney General for Civil Rights Division, U.S. Department of Justice and your Congressional offices to urge they weigh in on the issue of seeking restoration of common sense interpretation of pool and spa entry requirements under the Americans with Disabilities Act (ADA).
The industry message to the U.S. Department of Justice and Congress is:
- Extend the March 15 Compliance deadline which will leave many operators in technical violation of Federal law and thus open to litigation and fines;
- DOJ needs to approve portable lifts that will allow operators to quickly provide access to pools for travelers with disabilities while safeguarding children and costly lift equipment.
- The Department of Justice (DOJ) issued an overly burdensome interpretation of the pool entry requirements, forcing many operators to scramble to meet the March 15 implementation deadline for pool lifts. DOJ noted that all pools and most spas will need an affixed lift to be made available any hours the pool is open to the public. Operators who have purchased a portable lift under an earlier understanding of the 2010 ADA Standards will need to replace these lifts or find a method of affixing them to the pool deck.
Architectural Barriers Act ABA Accessibility Guidelines
2007 Proposed Guidelines for Federal Outdoor Developed Areas
(Camping Facility Guidelines begin at T218)
There are two issues to note when reviewing these proposed guidelines. First, they have not yet been formally adopted. The public comment period is complete. However when complaints are considered by a court, the courts view proposed regulations as "best practices" and lean toward enforcement of "best practices." Second item to note, for the moment these guidelines are only for Federally managed lands. It is the intent of the US Access Board to implement them into their next rule making for all other Outdoor Developed Areas. Again courts will view this as "best practices." CalARVC encourages all RV parks and campgrounds to take these guidelines into consideration when building or expanding parks.
ADA Pool/Spa Requirements FAQ
Do I have to comply?
Yes, to the extent that it is readily achievable to do so (easily accomplishable and able to be carried out without much difficulty or expense).
How do I determine “readily achievable” for my particular business?
That is the $64,000 question. And because it may not be “readily achievable” this year does not mean that the argument will stand next year or the year after. Specifically, the definitions section of the regulation at 28 C.F.R. § 36.104 provides the following factors to be considered when evaluating whether a barrier removal is readily achievable:
- The nature and cost of the action needed under this part;
- The overall financial resources of the site or sites involved in the action; the number of persons employed at the site; the effect on expenses and resources; legitimate safety requirements that are necessary for safe operation, including crime prevention measures; or the impact otherwise of the action upon the operation of the site;
- The geographic separateness, and the administrative or fiscal relationship of the site or sites in question to any parent corporation or entity;
- If applicable, the overall financial resources of any parent corporation or entity; the overall size of the parent corporation or entity with respect to the number of its employees; the number, type and location of its facilities; and
- If applicable, the type of operation or operations of any parent corporation or entity, including the composition, structure, and functions of the workforce of the parent corporation or entity.
28 C.F.R. §36.104
External factors such as insurance rates, child safety, hiring additional staff to monitor safe usage and/or maintain the operation of the lift cannot be factors in determining excessive cost.
CalARVC Supplier Member, Evergreen Insurance, commented as follows: “Of course we can’t speak for all your members, but certainly for all our clients (and I expect the vast majority of members, as most companies will adopt the same stance) here are three points for you:
- If a personal injury occurs on a pool lift, that is covered by General Liability insurance
- There is no additional insurance premium for a pool lift being added to a pool
The only ‘safety’ recommendation other than manufacturer recommendations is a sign to tell people it is not a toy and to stay off the equipment.
Other insurance vendors in the general hospitality industry have indicated that insurance premiums could be affected by the installation of pool lifts.
Permit to Install
HCD, the governing authority for California RV Parks & Campgrounds, contacted this office with a reminder that in most cases a permit will be needed to install a pool lift. To confirm, check with local offices:
HCD Northern Area Office
Southern Area Office
9342 Tech Center Drive, Suite 550
Sacramento, CA 95826-2581
3737 Main Street, Suite 400
Riverside, CA 92501-3337
All lifts must be fixed or attached to a deck at all times the pool is open to guests. A portable lift is not acceptable unless it can also be fixed to the deck with clamps, screws, or bolts.
The deadline for compliance is March 15, 2012 or when your pool opens for the 2012 season.