Pool Safety and Accessibility for Everyone (Pool SAFE) Act - Prohibits any suit brought for violations of the revised regulations of the Americans with Disabilities Act of 1990 concerning the requirements to provide an accessible means of entry to pools for places of public accommodation and commercial facilities that occurred on or after March 15, 2012, and before the date that is one year after enactment of this Act. Bars the Attorney General (AG) from investigating or initiating a compliance review of an alleged violation occurring during such period.
Requires dismissal of any suit brought against a place of public accommodation or commercial facility for such a violation brought on or after March 15, 2012, and before the date of enactment of this Act.
Directs the AG to revise accessibility regulations to provide that a place of public accommodation or a commercial facility is in compliance with the requirement to have an accessible means of entry to a pool when such a place or facility uses a portable pool lift on request, even if: (1) installation of a permanent lift is readily achievable, and (2) a single portable pool lift is used for multiple pools.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4256 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 4256
To direct the Attorney General to revise certain rules under titles II
and III of the Americans with Disabilities Act of 1990 relating to
accessible means of entry to pools.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 26, 2012
Mr. Mulvaney (for himself, Mr. Schweikert, Mr. Jones, Mr. Quayle, Mrs.
Myrick, Mr. Coffman of Colorado, Mr. Gardner, Mr. Pence, Mr. Graves of
Missouri, Mrs. Hartzler, Mr. Ross of Arkansas, Mr. Burton of Indiana,
Mr. Gowdy, Mr. Wilson of South Carolina, Mr. Campbell, Mr. Latta, Mr.
Amodei, Mr. Berg, Mr. Ribble, Mr. Kelly, Mr. Harris, Mr. Long, Mr.
Carter, Mr. Paul, Mr. Posey, Mr. Flake, and Mr. Lamborn) introduced the
following bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To direct the Attorney General to revise certain rules under titles II
and III of the Americans with Disabilities Act of 1990 relating to
accessible means of entry to pools.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pool Safety and Accessibility for
Everyone (Pool SAFE) Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) One of the purposes of the Americans with Disabilities
Act of 1990 is to ``provide a clear and comprehensive national
mandate for the elimination of discrimination against
individuals with disabilities.''
(2) The Nation's proper goals regarding individuals with
disabilities are to ensure equality of opportunity and full
participation for such individuals.
(3) The Department of Justice's revised regulations for
titles II and III of the Americans with Disabilities Act of
1990 recognize that places of public accommodation should
provide access to their amenities to individuals with
disabilities.
(4) It is important for places of public accommodation to
provide access to their amenities, including pools, to
individuals with disabilities.
(5) Places of public accommodation should provide access to
their amenities, including pools, in a reasonable, efficient,
and expedient manner that accounts for the interests of
individuals with disabilities and also considers other
legitimate concerns, such as safety and feasibility.
(6) As they relate to the accessibility of pools at places
of public accommodation, the current revised regulations for
titles II and III of the Americans with Disabilities Act of
1990 do not reasonably or adequately balance the access needs
of individuals with disabilities with other legitimate, and
sometimes competing, safety and feasibility concerns.
SEC. 3. REVISION OF RULES.
(a) Extension of Compliance Deadline.--
(1) In general.--No suit may be brought for a violation of
the revised regulations for titles II and III of the Americans
with Disabilities Act of 1990 regarding the requirements for
places of public accommodation and commercial facilities to
provide an accessible means of entry to pools (28 CFR 36.101 et
seq.) that occurred on or after March 15, 2012, and before the
date that is one year after the date of enactment of this Act,
nor may the Attorney General investigate, or initiate a
compliance review of such an alleged violation.
(2) Pending proceedings dismissed.--Beginning on the date
of enactment of this Act, any suit against a place of public
accommodation or commercial facility for a violation described
in paragraph (1) brought on or after March 15, 2012, and before
the date of enactment of this Act shall be dismissed.
(b) Revision of Rules.--Not later than 60 days after the date of
enactment of this Act, the Attorney General shall revise section 36.304
of title 28, Code of Federal Regulations, and any other appropriate
rules in part 36 of such title to provide that--
(1) a place of public accommodation or a commercial
facility that has a pool and uses a portable pool lift on
request shall be in compliance with the requirement under such
rules to provide an accessible means of entry to such pool,
even if installation of a permanent lift is readily achievable;
and
(2) a place of public accommodation or a commercial
facility that has more than one pool and uses one portable pool
lift on request for all such pools shall be in compliance with
the requirement under such rules to provide an accessible means
of entry to each such pool.
(c) Pool Defined.--The term ``pool'' means a swimming pool, wading
pool, sauna, steam room, spa, wave pool, lazy river, sand bottom pool,
other water amusement, or any other man-made body of water to which
part 36 of title 28, Code of Federal Regulations, requires places of
public accommodation and commercial facilities to provide an accessible
means of entry.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on the Constitution.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line