Pool SAFE Act

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. 1. Short title This Act may be cited as the Pool Safety and Accessibility for Everyone Act Pool SAFE Act 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 (as in effect on the date of enactment of this Act) recognize that public accommodations should provide access to their amenities to individuals with disabilities. (4) It is important for public accommodations to provide access to their amenities, including pools, to individuals with disabilities. (5) Public accommodations 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) The revised regulations for titles II and III of the Americans with Disabilities Act of 1990, as the regulations relate to the accessibility of pools at public accommodations, do not reasonably or adequately balance the access needs of individuals with disabilities with other legitimate, and sometimes competing, safety and feasibility concerns. 3. Revision of rules (a) Extension of compliance deadline (1) In general No suit may be brought for an alleged violation of the revised regulations for titles II and III of the Americans with Disabilities Act of 1990 (part 36 of title 28, Code of Federal Regulations, as in effect on the date of enactment of this Act) regarding the requirements for a public accommodation or commercial facility to provide an accessible means of entry to pools that occurred on or after January 31, 2013, and before the date that is 1 year after the date of enactment of this Act. The Attorney General may not 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 public accommodation or commercial facility for a violation described in paragraph (1) that is brought on or after January 31, 2013, 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 (1) a public accommodation or 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 public accommodation or commercial facility that has more than 1 pool and uses 1 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) Definitions (1) Commercial facilities; public accommodation The terms commercial facilities public accommodation (2) Pool The term pool

Summary: Pool Safety and Accessibility for Everyone Act or Pool SAFE Act - Prohibits any suit brought for an alleged violation 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 January 31, 2013, 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 January 31, 2013, 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.