The National Federation of Independent Business (NFIB), an organization that advocates for small businesses, is critical of a new federal regulation targeting swimming pools. The U.S. Department of Justice, which administers the Americans with Disabilities Act, issued a new rule requiring businesses with swimming pools and spas to have a lift that can help […]
The National Federation of Independent Business (NFIB), an organization that advocates for small businesses, is critical of a new federal regulation targeting swimming pools.
The U.S. Department of Justice, which administers the Americans with Disabilities Act, issued a new rule requiring businesses with swimming pools and spas to have a lift that can help wheelchair-bound patrons in and out of the water.
The rule that impacts small businesses such as hotels, motels, bed-and-breakfasts, amusement parks, and recreational facilities, took effect in January, the NFIB said in a news release.
The regulation didn’t specify a type of lift, so “naturally,” many small and family-run businesses began considering a temporary version they could use when needed and move to multiple locations, according to Michael Durant, NFIB New York director.
“But the Department of Justice ruled arbitrarily that every pool must have a fixed lift, bolted permanently to the edge of the water,” Durant explained in the news release. “The fixed lifts cost many thousands of dollars more than the temporary versions, so it’s a big mandatory expense that, like so many other federal regulations, can’t really be justified.”
A temporary lift costs $6,000, compared to a fixed lift, which could cost $10,000 or more, according to the NFIB.
“So imagine [a] small water park or a motel with two pools,” said Durant. “The owner is forced to spend $20,000 for two permanent lifts when one temporary lift would have achieved the same goal.”
If the owner fails to comply, the Justice Department could file a lawsuit, which is “a very scary” possibility that could spell the end of the business, Durant added.
Durant would like to see New York’s congressional delegation push for changes that would give “bureaucrats less discretion to impose rules that can kill honest businesses.”
Contact Reinhardt at ereinhardt@cnybj.com