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Sunday, Feb. 13, 2011
Pool accessibility rules make waves; HOAs, hotels looking at new expenses
By Adva Saldinger - asaldinger@thesunnews.com
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 are also required to have at least one accessible entry point, but a group of spas are not all required to be accessible if they 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.
Pepper Geddings Recreation Center has a chair and lift for the disabled at the facility in Myrtle Beach.
Myrtle Beach area hotels reluctantly replace pool covers
Snowbirds can be particular about their pools. "I got a lady that will carry a thermometer around, and she'll take the temperature of the pool, and she'll take the temperature of the hot tub and take the temperature of the [lazy river]," said Jason Morgan, general manager of Paradise Resort. "And if it's not 88 degrees, she'll tell us."
Tourism Talk | Myrtle Beach pools lawsuit unresolved
A lawsuit brought by the city of Myrtle Beach could take a year to resolve as hotels delay replacing pool enclosures that violate federal regulations.
Myrtle Beach sues 11 hotels over pool enclosures
The city of Myrtle Beach filed a lawsuit against 11 hotels for using pool enclosures that violate federal regulations, according to court documents.
A plan by a close-knit group of doctors to build a shared pool and tennis court for themselves in a West Ashley subdivision has caused some ill will with their soon-to-be neighbors and raised interesting questions about property rights and zoning rules.
"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 will no longer 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 has always 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 should also advertise that pools are accessible and ensure that staff 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 will likely 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 has recently 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.
Some local communities are still weighing their options. Rick Elderbaum, the director of HOA operations for The Noble Co. of S.C. LLC, said that none of the homeowners associations the company manages have taken any action yet.
"There are still lots of questions," he said. "It's kind of vague right now."
Elderbaum said it could be a concern because having to add accessibility would be a large expense for the communities and raise issues such as liability.
Other communities, especially those made up of single-family homes, are exempt from the regulations because the pools are private. Phil McLeod, vice president of the coastal region for Kuester Management Group, said one community he manages that lets a local swim team use the pool may have to keep the swim team out or comply with the new regulations.
A pool is no longer considered private if outside groups are allowed to use it, and the community could then be required to comply with the new restrictions, he 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.
Contact ADVA SALDINGER at 626-0317.
Read more: http://www.thesunnews.com/2011/02/13/1976310/pool-accessibility-rules-make.html#ixzz1Dog0lkal
Pool accessibility rules make waves; HOAs, hotels looking at new expenses
By Adva Saldinger - asaldinger@thesunnews.com
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 are also required to have at least one accessible entry point, but a group of spas are not all required to be accessible if they 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.
Pepper Geddings Recreation Center has a chair and lift for the disabled at the facility in Myrtle Beach.
Myrtle Beach area hotels reluctantly replace pool covers
Snowbirds can be particular about their pools. "I got a lady that will carry a thermometer around, and she'll take the temperature of the pool, and she'll take the temperature of the hot tub and take the temperature of the [lazy river]," said Jason Morgan, general manager of Paradise Resort. "And if it's not 88 degrees, she'll tell us."
Tourism Talk | Myrtle Beach pools lawsuit unresolved
A lawsuit brought by the city of Myrtle Beach could take a year to resolve as hotels delay replacing pool enclosures that violate federal regulations.
Myrtle Beach sues 11 hotels over pool enclosures
The city of Myrtle Beach filed a lawsuit against 11 hotels for using pool enclosures that violate federal regulations, according to court documents.
A plan by a close-knit group of doctors to build a shared pool and tennis court for themselves in a West Ashley subdivision has caused some ill will with their soon-to-be neighbors and raised interesting questions about property rights and zoning rules.
"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 will no longer 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 has always 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 should also advertise that pools are accessible and ensure that staff 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 will likely 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 has recently 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.
Some local communities are still weighing their options. Rick Elderbaum, the director of HOA operations for The Noble Co. of S.C. LLC, said that none of the homeowners associations the company manages have taken any action yet.
"There are still lots of questions," he said. "It's kind of vague right now."
Elderbaum said it could be a concern because having to add accessibility would be a large expense for the communities and raise issues such as liability.
Other communities, especially those made up of single-family homes, are exempt from the regulations because the pools are private. Phil McLeod, vice president of the coastal region for Kuester Management Group, said one community he manages that lets a local swim team use the pool may have to keep the swim team out or comply with the new regulations.
A pool is no longer considered private if outside groups are allowed to use it, and the community could then be required to comply with the new restrictions, he 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.
Contact ADVA SALDINGER at 626-0317.
Read more: http://www.thesunnews.com/2011/02/13/1976310/pool-accessibility-rules-make.html#ixzz1Dog0lkal
