Is America drowning in over-regulation?
Permanently installed pool lift
Your local public swimming pool may be forced to close this year for lack of having a “Permanently” installed pool lift. The ADA with the backing of Obama’s Department of Justice in all its infinite wisdom has decided to mandate that all public swimming pools now have these pool/chair-lifts installed at all swimming facilities that offer access to the public. This includes private membership facilities as well as county and school facilities.
Did Cass Sunstein ever bother to determine what the economic impact would be on these pools in neighborhood subdivisions that can just squeak out enough to pay the pool boy? How are they going to afford to stay open when they have to part with as much as $7000.00 for a pool-lift chair. Perhaps as high as $10,000.00 with deliver and installation cost added. This does not cover any foreseeable maintenance or replacement issues.
If a pool gets cited after March 15th 2012 for not having a permanently installed lift in place they can be fined up to $50,000.00 dollars. If the pool owners manage to survive this initial gouge by the DOJ and don’t fall into bankruptcy and they fail to comply on a second inspection, the pool owners/operators will be fined $100,000.00 dollars.
Redistributed by Obama's Regulators for Midnight Skateboarding.
On July 26, 2010, the US Department of Justice released updated ADA Standards for Accessible Design. …….
Among the updates for a number of facility types were new requirements specifically for public swimming pools. The level of accessibility depends on the size and type of the pool. For pools under 300 linear feet in size, the ADA Standard for Accessible Design calls for one means of access, which must be either ADA-compliant swimming pool lifts or a sloped entry. Pools with greater than 300 linear feet of pool wall must also have a second means of access. This second means can either be another chair lift or ramp, or it can also be a transfer wall, a transfer system or pool stairs.
This new legislation was initially passed on July 23, 2010 and became law on September 15, 2010 after being published in the Federal Register. This new legislation requires commercial swimming pools to institute approved means of access for their pools (pool lifts and/or a sloped entry) on or before March 15, 2012. Source swimtownpools.com/
Redistributed by Obama's Regulators as a New Lodge for Mosquitos
Once again Obama and his regulators are going to be putting thousands of people out of work, Pool boys, lifeguards, swim instructors even the pool chemical companies will take a bath on this one. This may all have been born of good motives in order to protect the rights of the disabled to take part in activities like everyone else. But sometimes the absurdity of a regulation can remove freedoms for everyone and it winds up hurting the intended target even further.
Think about it. Even before the pool/chair-lift was installed at least the swimming pool was open for business. The handicapped that visited the pool may have required assistance to get into the pool but at least the pool was open for them to get into. Perhaps not so much with this new over- expensive regulation. It will have warming effect on many would be sun bathers and pool goers this summer that was not intended but none the less applied.
Redistributed to BigGreen by Obama's Regulators for a Bio-algae fuel cell experiment.
So when you can’t get a cool glass of lemonade or go for s swim this summer, be sure you know what administration to thank..
loopyloo305
March 13, 2012
Reblogged this on My Blog and commented:
I truly wonder if these people who decide to change the rules, realize that they can not legislate “fair”, they can only make things more unfair for everyone else. People can not afford to make all the changes required by the government, therefore they will be forced to close and the people that were able to use them before, will no longer have that option. And the people that the news rules are supposed to help, will not be able to use them either. It is a lose, lose situation.
Alan Sexton
March 13, 2012
I favor closing the current Department of (in)Justice. Holder belongs in prison.
Anne Nowlin
March 13, 2012
I’d be curious to find out, so would look up, how the ADA ‘weighs in’ on this issues. Yes, facilities should be encouraged to install lifts; but not FORCED to close down if they cannot afford it. Or, if lifts are cited in the ADA act, grace period for lift installation should be enacted. Not, a blanket “put me in by __________or close down your pool facility.”
notalemming
March 13, 2012
They are being forced economically with threat of a fine. I bet if they apply for a student loan they can get the money to stay open. Since ObamaCare took over student loans its gone from $100 billion in loans to over $800 billion in just one year. My Service Dog could probably qualify for a loan for a liberal college education now, but he can’t be a service dog for a disabled person because the pool he services at cannot afford a lift or the fine.
John Caden
March 13, 2012
Although I do agree with the premise of your article, that we are drowning in over-regulation, I completely disagree with your analysis of the ADA regulations for existing swimming pools.
The ADA Regulations require existing swimming pools to provide access for people with disabilities, to the extent that it is readily achievable to do so. If a facility cannot afford to purchase a swimming pool lift, then it is simply not readily achievable for them to provide the required access. They do no need to shut down, nor will they be fined $50,000 for not providing this access. Any facility should perform a barrier removal analysis of their facility and write out an implementation plan that provides details on how they will or will not address their barrier removal issues. They should keep this document on file at their facility in the event a complaint is ever lodged against that facility.
One other point. People with disabilities make up 18% of our population. They are our nation’s largest minority group. Prior to the signing of the ADA in 1990 (by President George HW Bush), this group was virtually housebound due to the inaccessibility of our country. Because of their inability to get into a building to apply for a job, their existence was largely subsidized by the government, i.e., taxpayers. Since 1990, the removal of physical barriers has allowed people with disabilities to freely move into the mainstream and contribute to both our society and economy.
Most regulations are a burden. The ADA is an example of a good law.
John Caden
notalemming
March 13, 2012
Thanks for you analysis John. I happen to know that regulations predate The Bush era though. My father was an architect and was the one in his very large firm that always got tasked with writing the technical specifications for almost all of the firms major contracts. I can recall distinctly having conversations about handicapped access mandates both state and federal even back in the late 1960s.
My mothers sister, was a victim of polio and lived next door so this was a matter we actually dealt with on a regular basis. I know she had a handicapped placard for parking she hung from her van mirror for parking and got around on her own My aunt was far from home-bound even then.
Also in 1981 I worked construction on the South Carolina State Farm Bureau building. I recall vividly working on the wheelchair access ramps in both the front and back of the building and dealing with the state inspector and my father doing the approval process on the ramps so we could proceed with the rest of the construction. Clearly 9 years before the ADA bill was signed.
I can assure you this mandate will get pools closed and even those it was meant to protect will be harmed in those instances. But nothing in life is fair. The least we could ask for though is common sense. This bill is not common sense and I am sure it will be enforced, particularly in instances were known republican political operatives own or manage these facilities.
John Caden
March 13, 2012
The legislation you are referring to is the Architectural Barriers Act of 1968. This act began the process of barrier removal in Federal and some other federally funded state agencies. You are right that the ADA has its roots in the civil rights wave of the 1960′s. Legislating anti-discrimination on the basis of race and gender was a bit easier than doing so for people with disabilities. The primary discrimination for that group was in the form of architectural barriers and the challenge was, and remains, how to remove these barriers without disrupting the rest of society. This is why it took until 1990 to pass the ADA which began that process.
There is really no reason for someone to contemplate closing a pool because of this new requirement. As I stated on my earlier post, if a facility cannot afford to make a pool accessible, then they simply can state that this barrier removal is not readily achievable for them.There are ample provisions within this law to protect such facilities from any political reprisals from any faction who may abuse their position for political gain.
Thanks,
John Caden
notalemming
March 13, 2012
Thank you for your input on this. I like having articles vetted out by those that can do their own homework and know the topics. I can understand and even make your argument for you if I had to. But my moral and political convictions call for more of an independent neighbor helping neighbor instead style help as opposed to the charitable arm of the Gov that takes my earnings by threat of incarceration.
So if this regulation can be applied without bias and “waivers” can be issued, then this may help get things installed. But I also know a Lifeguard makes about $4000.00 at a public pool for the three month season. What we see is essentially is the money for 2 jobs being mandated that favors a specific industry which is a form of subsidy that is wide open for cronyism and that is something else I am against, but that is another argument entirely.
I just think this is bad legislation.
But I appreciate your argument.
notalemming
March 16, 2012
I have visually confirmed for myself at local Best Western and have seen reports on Glenn Becks radio show that they too have confirmed mass pool closings at hotels everywhere. Marriott even cites the New Federal mandate as the reason for the closings on the pool closed signs.
john
February 23, 2013
The most interesting thing that i find is with owning a public pool at a botique hotel that doesnt have rooms with handicap access because we pre exist I have to have a handicap lift. Also my pool is under 5 feet so it does not require a life guard. SO I am supposed to purchase a lift for between 4000-6000 so that a person who is handicapped can lower themselves into my non-lifeguarded pool. So If I dont purchase a lift I can get sued and if I do purchase a lift I can get sued. Where is this justice or fair to me or many other small business owners in the same situation.