Regulatory Overkill

Death by a thousand cuts has nothing on death by regulatory overkill, as mastered by our government overlords. In this case, the government is beating swimming pool owners over the head with the Americans with Disabilities Act, a typical liberal law that is noble in intent but much-abused in practice.

The latest example: requiring fixed-in-place hydraulic lifts to help disabled swimmers into and out of swimming pools.

Owners and managers of swimming pools at hotels, city recreation centers and public parks are scrambling to install mechanical chair lifts to comply with new federal requirements that all public pools be accessible to disabled swimmers.

Some hotels fear the cost of the equipment or fines for noncompliance could put them out of business, and an industry lobbyist says others may close their pools this summer if they can't upgrade in time, though the government can offer more time to those having trouble paying for it. Swimmers with disabilities say the changes are overdue.

Adding to the problem is a backlog of orders created by the rush to meet a May deadline. Harry Spirides ordered lifts last month for the hotel he owns on Georgia's largest public beach and was told they should arrive in late April. He expects to pay $12,000 for the lifts at the Ocean Plaza Beach Resort on Tybee Island.

"Our supplier is backed up with orders," said Spirides. "Everybody's rushing to comply; everybody wants to comply. But when you have tens of thousands of swimming pools that have to be retrofitted with these lifts, it takes time."

Changes to the Americans with Disabilities Act in 2010 say pools must be upgraded with chair lifts, essentially mini cranes that move wheelchair users into the water. The initial deadline was March 16, but confusion over the details and pool owners' insistence for more time caused the Justice Department to give them until May 21.

The law doesn't affect private clubs or pools owned by neighborhood associations that aren't open to the public.

It's a massive and expensive undertaking. The Association of Pool and Spa Professionals says its research shows that between 235,000 and 310,000 pools require the upgrade. Manufacturers estimate the lifts run $3,500 to $6,500, and installation can double those costs. Altogether, owners could face combined costs exceeding $1 billion.

obama, no doubt, will tout this as 'creating new jobs.'

After a car crash left Beth Kolbe unable to walk 12 years ago, she took up swimming and went on to compete in college and on the U.S. Paralympic team in 2008. Despite her athleticism, she needs a person's help or a lift to access a pool.

Kolbe says when she visits pools, she usually takes a friend to avoid asking for help from lifeguards, who often seem uncomfortable lifting her.

Once the requirements take effect, the Justice Department will investigate complaints and can fine businesses up to $55,000 for the first offense and double that for further violations. Pools operated by local governments don't face monetary penalties but are subject to federal oversight.

Pool owners say they're not opposed to making accessibility upgrades, but argue they need more time - especially after a clarification to the requirements in January.

Look, I sympathize with the disabled. But this approach is swatting flies with a sledgehammer. Why not just train the lifeguards on how to assist disabled swimmers into and out of the water? Or use ramps? Many newer pools have them instead of steps. If lifts are deemed necessary, in spite of less expensive and more common-sense solutions, what's wrong with mobile or portable lifts, as discussed below?

The Justice Department now says chair lifts must be bolted down. That declaration came as most hotels were buying portable lifts that don't require expensive installation and can be wheeled into storage until a guest needs them, said Kevin Maher of the American Hotels and Lodging Association.

The group argues that fixed chair lifts pose a risk to children who are tempted to play on them. Maher, the association's vice president for government relations, said hoteliers fear their insurance rates could increase.

The association is urging the Justice Department to reconsider portable lifts and extend the deadline. Without more time, Maher said, some hotels may close their pools this summer rather than risk lawsuits or fines.

In Desert Hot Springs, Calif., the requirements have created an uproar among owners of boutique inns built around mineral hot springs. Some retreats have only six or 10 rooms, but have multiple pools at varying temperatures to give guests a sampling of the waters.

"If you have three pools that's $18,000 plus tax" to attach a chair lift to each, said Bruce Abney, owner of the 12-room El Morocco Inn & Spa. "That's just huge for us and would put some of us under, I'm afraid."

If the 20 hotels there could share portable lifts, it would satisfy the requirements and protect their bottom line, said Judy Bowman, owner of Living Waters Spa.

"I've never had a request for a pool lift in eight and a half years. It seems excessive," said Bowman, who has nine rooms and six condos.

Twenty-four senators sided with the hoteliers in a March letter urging Attorney General Eric Holder to postpone the deadline and essentially start over with a comment and rulemaking process.

Asking Holder for anything that remotely resembles a common-sense or balanced approach is a total waste of time.

In the Atlanta suburbs, Bob McCallister is in charge of getting Cobb County's pools ready for summer. He's got six indoor pools that already have accessibility upgrades, but two of them are big enough to require a second lift - at about $3,500 each.

McCallister said he's lucky the county has a penny sales tax that pays for upkeep of its parks and recreation centers. Otherwise he might have a hard time finding money.

"When mandates come up like this without appropriations, it's a hardship for a lot of agencies," McCallister said. "It seems like an overkill to me."

Me too...