Duff on Hospitality Law

Although not strictly required by the regulations, owners installing pool lifts should train all customer-facing staff on the lift’s features, operations, and maintenance, including safety instructions. This is important not only so that staff can assist disabled guests in using the lift to enjoy the pool facilities, but also to mitigate potential liability issues associated with misuse of the lift equipment.

What is “readily achievable”?

The definition of readily achievable is “easily accomplishable without much difficulty or expense.” However, this simple definition belies the practical expectations of compliance with ADA accessibility requirements. Determining whether taking required action is “readily achievable” is a fact-intensive inquiry focusing on a number of factors, including the cost of the action, the resources available to the business and any parent entity or entities, and the action’s impact on operations. Generally speaking, if the required action is physically possible and not a significant strain on a property’s overall resources, it will likely be deemed “readily achievable” by DOJ.

What if installing a fixed pool lift is not readily achievable?

In enforcement actions, DOJ focuses heavily on hospitality owners’ good faith attempts to comply with the law. Thus, if installing a fixed pool lift is not readily achievable, you should take whatever alternative action you can to provide access to your pool for disabled guests. The DOJ suggests providing a portable lift if a fixed lift is not readily achievable. If cost is the prohibitive factor, then you should prepare a budget to save as much as practicably feasible each year until you can comply. Doing so is not a shield against an enforcement action, but having proof of steps you took to attempt to comply with the law will go much further with the DOJ than pleading ignorance or, worse, burying your head in the sand despite knowledge of the requirements.

What if my pool is not open to the public until later in the year?

In the Pacific Northwest, many outdoor pools are not available for guest use until the spring and summer months. Pool lifts are only required to be in place when the pool is open and available to the public, so you do not need to have a lift in place until the pool opens for the season.

Compliance is expensive – is there any relief available from the government?

Yes. A tax credit (covering 50% of eligible access expenditures, up to $5000) is available for small businesses with fewer than 30 employees and less than $1,000,000 in revenues in the prior tax year. All businesses may also take a tax deduction (up to $15,000) for expenses incurred in making alterations to meet accessibility requirements.