Based upon an almost three to one ratio of comments received by the Department of Justice in favor of further extending the ADA pool compliance deadline, the Department of Justice, in an announcement on May 17, 2012, pushed back the compliance deadline for swimming pool access to January 31, 2013.

According to the Department of Justice, “After reviewing the comments, the department determined that a further extension was necessary to provide additional time for compliance and to respond to concerns and misunderstandings about the standards.”  The continued misunderstandings relate to the requirements on portable pool lifts.

The additional extension, however, did not address the requirement of covered entities installation of a permanently affixed pool lift or if the portable lifts will be permitted.  This provision will most likely be hotly contested in the upcoming months.

Melissa M. Garcia and David A. Firmin
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