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Justice Department Issues Compliance Extension for Existing Pools
March 15, 2012
On Thursday, March 15, 2012, Attorney General Eric Holder signed a final rule extending the date for compliance with sections 242 and 1009 of the 2010 Americans with Disabilities Act (ADA) Standards for Accessible Design as it relates to the provision of accessible entry and exit to existing swimming pools, wading pools, and spas for a period of 60 days after the publication of the rule in the Federal Register. On that same day, the Attorney General also signed a Notice of Proposed Rulemaking (NPRM) seeking public comment on whether a longer period of time would be appropriate to allow pool owners and operators to meet their compliance obligations. Specifically, the NPRM proposes a 180-day extension of the deadline. Comments on the NPRM must be submitted on or before April 4, 2012.
Final Rule: Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities; Swimming Pools (HTML)
Effective on March 15, 2012, the compliance date for 28 CFR 35.150(b)(1), (b)(2)(ii), and 28 CFR 36.304(d)(2)(iii) for sections 242 and 1009 of the 2010 Standards is delayed to May 21, 2012.
Final Rule (HTML -- as published in the Federal Register March 20, 2012)
NPRM: Delaying the Compliance Date for Certain Requirements of the Regulations Implementing Titles II and III of the Americans With Disabilities Act (HTML)
Written comments must be postmarked and electronic comments must be submitted on or before April 4, 2012
NPRM (HTML -- as published in the Federal Register March 20, 2012) NPRM (HTML -- as published in the Federal Register March 20, 2012)
For making comments online at Regulations.gov -- NPRM on Compliance Extension for Existing Pools