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Tuesday, Feb. 15, 2011
New pool rules raise cost concerns
Pools must be more accessible to people with disabilities
By ADVA SALDINGER - The (Myrtle Beach) Sun News
Read more: http://www.thestate.com/2011/02/15/1695433/new-rules-raise-cost-concerns.html#ixzz1E4IZwHkw
MYRTLE BEACH — New American Disabilities Act pool regulations will mean more accessible public pools but could also mean thousands of dollars in additions for homeowners associations and hotels.
The changes to the American Disabilities Act were approved in the fall and require an accessible way to enter and exit public pools either by way of lift, sloped entry or a transfer system. Pools larger than 300 linear feet of swimming pool wall are required to have two accessible ways of entry. Spas also are required to have at least one accessible entry point, but a group of spas is not all required to be accessible if the spas are in a cluster.
The regulation applies to new pools built after March or to pools that undergo major renovations. Some homeowners associations — especially those with some short-term rentals or that have agreements with outside groups that use the pool — are concerned about the possible cost of having to become accessible and are changing policies. Hotel owners are not too concerned about the impact, but say it will mean changes in the long term.
“It is certainly not that we have anything against people with a disability, but the changes are extremely expensive,” said Don Morton, manager of the Myrtle Beach Golf & Yacht Club homeowners association.
The association recently changed its pool rules to ensure that it is considered a private pool and is exempt from the new ADA requirements. The HOA no longer will sell pool wristbands to short-term renters, and owners will now pay $5 per wristband, which can be used by owners and their guests.
“I don’t see how we could do it any other way,” Morton said.
He said that it always has been considered a private pool by the association, but the change was made to ensure that it wouldn’t be violating federal law down the road.
There haven’t been requests for pool accessibility at the community, he said, but some disabled residents or guests have sat in the stairs at the sides of the pool.
Part of the purpose of the ADA is that disabled people should not have to make requests for accessibility, and that companies should remove barriers when it is not too expensive and wouldn’t fundamentally change a business, said David Zoellner, a managing attorney with Protection and Advocacy for People with Disabilities Inc.
“People with disabilities ought to be just like everybody else,” he said. “If the public is able to come into a place, people with disabilities should be able to come into the place.”
Pools have long been a place where access has been a problem, Zoellner said. The changes are especially important in this area where people with disabilities want to come on vacation and swim in the pools. Companies also should advertise that pools are accessible and ensure that staff members are trained to assist and proper storage space is provided for wheelchairs, he said.
Oceana Resorts isn’t planning any changes or new pools but will be phasing in lifts to make pools accessible at most of its properties in the next year, said Frans Mustert, president and chief executive.
“It’s all about guest services,” he said. “From the point of view of guest services, we should supply it anyway.”
The company likely will use portable lifts, the first of which should be installed this summer, which are more practical, especially at properties that have multiple pools, Mustert said.
It would be unreasonable and costly if accessibility was required at all of the pools, especially if, like at Baywatch Resort, one property has 18 pools, he said.
The costs of installing lifts, which range in price but typically cost several thousand dollars, is a concern for homeowners associations and properties, said Peter Kristian, a member of the legislative action committee of the S.C. Community Associations Institute.
Kristian, manager of Hilton Head Plantation, said the issue recently has come up, and the institute and individual homeowners associations and hotels are exploring their options.
One of the challenges with the regulation, he said, is that there is no funding available to help with the costs.
“I wholeheartedly agree that we need to be sensitive, and facilities need to be open to all manner of folks … but maybe there is a less expensive alternative,” Kristian said.
The Myrtle Beach Area Hospitality Association has been helping to educate local hotels and resorts about the regulations, said Stephen Greene, association president and CEO.
Initially, there was some concern, he said, but as property owners have become more educated, those worries have eased.
Greene said many pools already have existing ADA accessibility regulations in place, and this takes that a step further. The initial impact won’t be too significant, he said, but will affect future planning.
“The good part about these continuing regulations is that it helps them get it in their planning process,” he said.
Read more: http://www.thestate.com/2011/02/15/1695433/new-rules-raise-cost-concerns.html#ixzz1E4IWI7VO
Tuesday, Feb. 15, 2011
New pool rules raise cost concerns
Pools must be more accessible to people with disabilities
By ADVA SALDINGER - The (Myrtle Beach) Sun News
Read more: http://www.thestate.com/2011/02/15/1695433/new-rules-raise-cost-concerns.html#ixzz1E4IZwHkw
MYRTLE BEACH — New American Disabilities Act pool regulations will mean more accessible public pools but could also mean thousands of dollars in additions for homeowners associations and hotels.
The changes to the American Disabilities Act were approved in the fall and require an accessible way to enter and exit public pools either by way of lift, sloped entry or a transfer system. Pools larger than 300 linear feet of swimming pool wall are required to have two accessible ways of entry. Spas also are required to have at least one accessible entry point, but a group of spas is not all required to be accessible if the spas are in a cluster.
The regulation applies to new pools built after March or to pools that undergo major renovations. Some homeowners associations — especially those with some short-term rentals or that have agreements with outside groups that use the pool — are concerned about the possible cost of having to become accessible and are changing policies. Hotel owners are not too concerned about the impact, but say it will mean changes in the long term.
“It is certainly not that we have anything against people with a disability, but the changes are extremely expensive,” said Don Morton, manager of the Myrtle Beach Golf & Yacht Club homeowners association.
The association recently changed its pool rules to ensure that it is considered a private pool and is exempt from the new ADA requirements. The HOA no longer will sell pool wristbands to short-term renters, and owners will now pay $5 per wristband, which can be used by owners and their guests.
“I don’t see how we could do it any other way,” Morton said.
He said that it always has been considered a private pool by the association, but the change was made to ensure that it wouldn’t be violating federal law down the road.
There haven’t been requests for pool accessibility at the community, he said, but some disabled residents or guests have sat in the stairs at the sides of the pool.
Part of the purpose of the ADA is that disabled people should not have to make requests for accessibility, and that companies should remove barriers when it is not too expensive and wouldn’t fundamentally change a business, said David Zoellner, a managing attorney with Protection and Advocacy for People with Disabilities Inc.
“People with disabilities ought to be just like everybody else,” he said. “If the public is able to come into a place, people with disabilities should be able to come into the place.”
Pools have long been a place where access has been a problem, Zoellner said. The changes are especially important in this area where people with disabilities want to come on vacation and swim in the pools. Companies also should advertise that pools are accessible and ensure that staff members are trained to assist and proper storage space is provided for wheelchairs, he said.
Oceana Resorts isn’t planning any changes or new pools but will be phasing in lifts to make pools accessible at most of its properties in the next year, said Frans Mustert, president and chief executive.
“It’s all about guest services,” he said. “From the point of view of guest services, we should supply it anyway.”
The company likely will use portable lifts, the first of which should be installed this summer, which are more practical, especially at properties that have multiple pools, Mustert said.
It would be unreasonable and costly if accessibility was required at all of the pools, especially if, like at Baywatch Resort, one property has 18 pools, he said.
The costs of installing lifts, which range in price but typically cost several thousand dollars, is a concern for homeowners associations and properties, said Peter Kristian, a member of the legislative action committee of the S.C. Community Associations Institute.
Kristian, manager of Hilton Head Plantation, said the issue recently has come up, and the institute and individual homeowners associations and hotels are exploring their options.
One of the challenges with the regulation, he said, is that there is no funding available to help with the costs.
“I wholeheartedly agree that we need to be sensitive, and facilities need to be open to all manner of folks … but maybe there is a less expensive alternative,” Kristian said.
The Myrtle Beach Area Hospitality Association has been helping to educate local hotels and resorts about the regulations, said Stephen Greene, association president and CEO.
Initially, there was some concern, he said, but as property owners have become more educated, those worries have eased.
Greene said many pools already have existing ADA accessibility regulations in place, and this takes that a step further. The initial impact won’t be too significant, he said, but will affect future planning.
“The good part about these continuing regulations is that it helps them get it in their planning process,” he said.
Read more: http://www.thestate.com/2011/02/15/1695433/new-rules-raise-cost-concerns.html#ixzz1E4IWI7VO
