Drowning in Regulations

***Editor’s Note: At least one of the Heads is now officially back from vacation, but I am just working my way through the news from the past week and …..it’s a bit overwhelming. Rather than just slap up a new post today, I’m going to re-post the one below, because: (A) It got lost in the shuffle a couple months ago when we were posting 5-6 times per day, and (B) It’s 100% appropriate, since we are currently in the middle of pool weather.

In fact, the beautiful, independently owned hotel where I stayed this past week would be one of the 85,000 hotels affected by the new regulations discussed below.

See you tomorrow.


I think our Federal Government has truly lost its mind.

From ohsonline.com:

A new final rule from the Justice Department gives operators of existing pools and spas more time, until Jan. 31, 2013, to meet sections 242 and 1009 of the 2010 Americans with Disabilities Act Standards for Accessible Design. Those two sections say pools with 300 linear feet of pool wall or more must have two accessible means of entry (a pool lift or sloped entry) and smaller pools must have at least one, as well as what is required for these –- location, size of the seat, lifting capacity, etc.

This requirement has been controversial, as shown by the volume of 1,915 comments submitted to DOJ, and the agency previously proposed delaying the compliance date from March 15, 2012, to Sept. 17, 2012. January 2013 was chosen because some comments showed a significant misunderstanding of the requirements among pool owners and operators, according to the May 21 final rule.

Many owners and operators believed portable lifts would comply,but that’s not correct because ADA applies only to fixed and built-in elements, according to DOJ.

Let’s see: all public pools, hotels, and public/private pools need to install permanent lifts? And this is critical why exactly? Many of these pools just barely stay in business as it is, and this will hardly help matters. These lifts aren’t particularly cheap, after all.

From fredericksnewspost.com:

About 310,000 public pools nationwide could require a lift, Hatfield said. She estimated manufacturers can produce between 2,500 and 5,000 lifts per month as of May.

Lifts can cost between $3,500 and $6,500; installation may nearly double that cost.

Well, maybe people could simply ignore the new regs and just pay the fine?

Or maybe not:

Pools that failed to comply with the regulation would face a fine of at least  $100,000.

Good grief.


Ok, I give up. The government must want to put half of the lifeguards, pool boys, swim instructors and even pool maintainance & chemical companies out of business. Hoteliers are going to get hit hard as they struggle in a moribund economy, since there are 85,000 lodging-operated swimming pools in the U.S.. Hotels also have an added concern: if they install a sloped entry rather than a lift, it will require extensive (and very expensive) renovation. If they install a lift (permanent only, remember), they will now have to employ a lifeguard there, forever, since the fixed chair lifts present a safety hazard due to the likelihood that children will play on them:

“Most hotel pools don’t have lifeguards, so anybody can use [a permanent chair lift], climb on it and damage it,” said Kevin Maher, the AH&LA’s senior vice president for governmental affairs. “You’re essentially putting a diving board at the shallow end of the pool, and that’s a huge concern.”

Also, I notice that compliance with this regulation has conveniently been moved to after the election. Of course, that’s probably just a coincidence…….


Obama’s America: He’s making our country great again, ….one idiotic, suffocating, mind-numbing, business-killing mandate at a time.

8 responses to “Drowning in Regulations

  1. LivinRightinPGH

    Nothing…..and I mean NOTHING is safe from these folks.

    Well, at least PUBLIC SECTOR employment will be on the rise! I’m sure we’ll have a team of “highly trained” pool inspectors, at $85,000 a year salary, full benefits, retirement packages, government car, fuel, maintenance, etc….

    I guess that’s what Zero’s “laser focus on jobs” really meant.

    • Nope, PGH, you’re right: there is literally no aspect of your life that they don’t deem to have a right to to observe or regulate.


      In this case, some pools will be closed, obviously, and the ones most likely to close will be the ones which are just barely staying in business. Others will remain open, but charge MORE for their usage, which will restrict access to them by the people with the least amount of means.

      So, basically, this new regulation is a regressive tax on the poorest among us.

      Thanks, Obama!

  2. “Y’all gonna make me lose my mind, up in here, up in here…”

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