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N Cal Attorney
N Cal Attorney, Attorney
Category: Legal
Satisfied Customers: 8133
Experience:  since 1983
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We are a 3 room bed and breakfast in Healdsburg California.

Resolved Question:

We are a 3 room bed and breakfast in Healdsburg California. Do we need to get a pool lift for our commercial pool to comply with the new ADA requirements?  We thought originally, we were exempt because of our 3 rooms and live on premise.

Submitted: 1 year ago.
Category: Legal
Expert:  Thomas McJD replied 1 year ago.

TMcJD :

Hi, I will be happy to assist you, and it is my goal to make you a very satisfied customer! This may take a few minutes, so thanks for your patience.

TMcJD :

Were you thinking you were exempt under the Fair Housing Act or under the Americans with Disabilities Act?

TMcJD :

Is your 3-room bed and breakfast owner occupied? If so, how many rooms total, how many are occupied by you the owner, and how many are available to guests?

TMcJD :

What were you told by the Sonoma County Dept. of Pools?

Customer:

Yea, our 3 room bed and breakfast is owner occupied. 3 rooms in the main house are for our guest. We have the granny unit off the main house for us but we do close the inn in November and live in the main house for 2 months in the winter. Total of 4 rooms. We also cook our breakfast, lunch and dinner for our selves in the main house.

Customer:

All are on the main premise...

TMcJD :

Okay. Let me do a bit of research and get back to you. If I cannot find a satisfactory answer, I'll let you know and then opt out so that another expert might be able to assist you. Thanks for your patience.

Customer:

ok

Customer:

This question should be coming up a lot. Everyone in the country that has a commercial pool is affected by this.

TMcJD :

The answer to your question is simple except that it's unclear whether your occupancy of a detached building (the mother-in-law) house qualifies the whole property as "owner-occupied." That's what makes your situation different than many other persons.

TMcJD :

I'm sorry, I can't be certain of any answer to your unique issues without hours of research, so I'll let another expert assist you if anyone is familiar with this scenario. Thanks.

Customer:

ok

Customer:

The granny is considered by the city to be on the premise.

Customer:

There are a few bed and breakfast that have detached units but their still considered to be on the premise.

TMcJD :

The website has been having problems all day and it currently will not allow me to opt out. I am working on a solution. Sorry for the delay and inconvenience.

Customer:

ok

Customer:

I talked with the city of Healdsburg and we are living on the premise.

Customer:

The city considers where we live a guest house. There is no kitchen.

Customer:

but one of the requirement of operating a bed and breakfast is that we live on the premise.

Customer:

Hope that helps....

TMcJD :

I'm still having trouble opting out, so I'm switching over to Q&A first. Then I'll opt out. Please don't try to rate my service, since I only had questions and didn't provide an answer. Thanks.

Customer:

ok

Expert:  N Cal Attorney replied 1 year ago.
Living on the premises is not the source of an ADA exempton.

http://smallbusiness.chron.com/ada-affect-small-businesses-36227.html
states:
It doesn't matter how old your building is, if you provide goods or services to customers at that location, you are legally required to abide by the ADA's accessibility provisions. The legislation requires a business to remove structural barriers to access -- such as replacing steps with a ramp -- when this is "easily accomplishable without much difficulty or expense." Like many of the ADA regulations, your ability to comply with the requirements is assessed based on the company's overall resources.

http://www.ada.gov/regs2010/smallbusiness/smallbusprimer2010.htm#readilyachievable
states:
The ADA requires that small businesses remove architectural barriers in existing facilities when it is "readily achievable" to do so. Readily achievable means "easily accomplishable without much difficulty or expense." This requirement is based on the size and resources of a business. So, businesses with more resources are expected to remove more barriers than businesses with fewer resources.

http://www.ada.gov/qa_existingpools_titleIII.htm
states:
In 2010, the Department of Justice published updated regulations under the Americans with Disabilities Act (ADA). These regulations adopted the 2010 Standards for Accessible Design (2010 Standards), which, for the first time, contain specific accessibility requirements for a number of types of recreational facilities, including swimming pools, wading pools, and spas.

http://www.ada.gov/qa_existingpools_titleIII.htm#q4 states:
My pool already existed before the effective date of the new rule. What am I required to do to provide pool access to customers with mobility disabilities?
The ADA requires businesses to make existing pools accessible only when it is "readily achievable" to do so. Readily achievable means that providing access is easily accomplishable without much difficulty or expense. The 2010 Standards provide the benchmark, or goal, for accessibility in existing pools. (See Question 2 for the 2010 Standards requirements for pools). However, owners of existing pools need to comply with the 2010 Standards only to the extent that doing so is readily achievable for them.

The 2010 Standards for pool lifts require lifts to be fixed and to meet additional requirements for location, size of the seat, lifting capacity, and clear floor space. Therefore, if a business can provide a fixed lift that meets all of the 2010 Standards’ requirements without much difficulty or expense, the business must provide one. If no fully compliant lift is readily achievable for the business, the business is not obligated to provide a fully compliant lift until doing so becomes readily achievable. In addition, the business may provide a non-fixed lift that otherwise complies with the requirements in the 2010 Standards if doing so is readily achievable and if full compliance is not.

Are there any tax credits or deductions to help me comply?
Yes. ///

Please see that last link for more details.

I hope this information is helpful.
N Cal Attorney, Attorney
Category: Legal
Satisfied Customers: 8133
Experience: since 1983
N Cal Attorney and 11 other Legal Specialists are ready to help you
Customer: replied 1 year ago.


I read all that before but that still does not answer my question.


 


I will call the DOJ on Monday and ask them specifically if we are exempt.

Expert:  N Cal Attorney replied 1 year ago.
Thank you for accepting my answer.

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