Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

We are a 3 room bed and breakfast in Healdsburg California.

We are a 3 room...

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.

Show More
Show Less
Ask Your Own Legal Question
Answered in 16 minutes by:
5/9/2013
Thomas McJD
Thomas McJD, Attorney
Category: Legal
Satisfied Customers: 6,516
Experience: Legal Expert
Verified

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

Ask Your Own Legal Question
N Cal Atty
N Cal Atty, Lawyer
Category: Legal
Satisfied Customers: 9,436
Experience: attorney at self
Verified
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 Atty
N Cal Atty, Lawyer
Category: Legal
Satisfied Customers: 9,436
Experience: attorney at self
Verified
N Cal Atty and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years 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.

Thank you for accepting my answer.
Ask Your Own Legal Question
Ask N Cal Atty Your Own Question
N Cal Atty
N Cal Atty
N Cal Atty, Lawyer
Category: Legal
Satisfied Customers: 9,436
9,436 Satisfied Customers
Experience: attorney at self

N Cal Atty is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,218 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,218 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

41,455 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

287 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
By law, can a staff member run a CURES report on a patient
By law, can a staff member run a CURES report on a patient or does it have to be the physician?… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
41,455 satisfied customers
I am handicapped due to an injury to my left foot and ankle
I am handicapped due to an injury to my left foot and ankle being fused. I have numerous doctors notes on file stating that I cannot stand no longer than 15 minutes at a time. Intercruises sullied me … read more
Michael Bradley
Michael Bradley
JD
1,127 satisfied customers
I already asked you a question. Oregon. I don't need to. I
I too am a paralegal, but don't practice this kind of law....I already told you...my daughter is 25 now, been separated since she was 8 and in my county, in the state of Oregon, you have to pay for mandatory counseling... did that twice and he never showed. . never got an ounce of child support, but am now again filing fee for divorce because my daughter is way past the age for mandatory counseling and am just wondering if, on her behalf, I can request arrears for her college… read more
Bill Attorney
Bill Attorney
law
1,411 satisfied customers
Recently I was contacted by the current CEO of ***********,
My name is Elleston ******. Recently I was contacted by the current CEO of ***********, Wayne *******, who was also raised as my brother and then adopted by the people who took us. He is white like th… read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,877 satisfied customers
My son paid a $40.00 application fee for an apartment that
my son paid a $40.00 application fee for an apartment that he was interested in. Per the realtor that was handling the property, the landlord denied his application with no reason given. My son told t… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,903 satisfied customers
How do I postpone a hearing with the US Department of
How do I postpone a hearing with the US Department of Justice (Finance Litigation Section)? I received a subpoena for my testimony, but have not had time to hire an attorney. The person who was convic… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,218 satisfied customers
I am in need of an angel, I am distraught by the American
Hello I am in need of an angel , I am distraught by the American legal system. I have been morally violated and falsely arrested causing severe damage to my life. I have followed directions of legal a… read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,877 satisfied customers
I am in a wheelchair i am renting from a guy and he refuses
i am in a wheelchair i am renting from a guy and he refuses to get me a ramp … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
886 satisfied customers
L would like to file a complaint on a federal correctional
l would like to file a complaint on a federal correctional officer … read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,877 satisfied customers
I heard one of government's responsibilities is justice. If
I heard one of government's responsibilities is justice. If I had a very unfair lawsuit, which was settled. Which part of the government I can contact to talk about that unfair lawsuit? Our settlement… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
34,889 satisfied customers
After one month of providing agreed accommodations, the
After one month of providing agreed accommodations, the employer notified me that they have found the agreed acommodations are a hardship for them. They gave the option of resigning from the position … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,903 satisfied customers
I went into firehouse subs and the people asked if my dog
I went into firehouse subs and the people asked if my dog was a service animal; i replied with a yes and ordered my food. the manager(jennifer purcell) told me to prove my service animal was indeed a … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,903 satisfied customers
What Constitutes a HIPAA Violation at Utah State Level and
What Constitutes a HIPAA Violation at Utah State Level and U.S> Federal Level--any specifics for legal proof in American Jurisprudence to prevail in either state or federal court. Dr. Mike Weiler … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,498 satisfied customers
We (our group) believe that Property Protection Team, LLC
We (our group) believe that Property Protection Team, LLC of*****Suite 300 of Costa Mesa CA, 92626(###) ###-#### has committed fraud. I would like to visit with you. Please give me a call at(###) ###-… read more
Ely
Ely
Counselor at Law
Juris Doctor
24,218 satisfied customers
What grievance do I have with a school board that won't
what grievance do I have with a school board that won't place guard rails in football stadium and gym. I am hand-caped … read more
Michael Bradley
Michael Bradley
JD
1,127 satisfied customers
My 14th amendment right was violated. I am having problems
My 14th amendment right was violated. I am having problems getting a lawyer in my area (not because the specifics of the case) they just do not want to take the time to listen. That is fine. I asked w… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,966 satisfied customers
1- I want to know in case how to get the State Attirney to
1- I want to know in case how to get the State Attirney to try my ex and her attorney for their "Hate crimes", child abuse, Kidnapping, and other related reasons. I don' trust attorneys anymore, with … read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,877 satisfied customers
Can the U.S. Department of Justice request information from
Can the U.S. Department of Justice request information from my spouse concerning income excluded from martial assets by a prenuptial agreement and income from a company owned by my spouse that was cre… read more
Marc
Marc
Attorney at Law
JD
314 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x