The ADA Deadline Is Looming. Is The Industry Prepared?

by Barrett Kilmer February 9, 2012 9:42 AM

Americans With Disabilities Act logoCommercial pool operators and lift installers are racing to comply with ADA by the March 15 deadline. We ask several industry insiders how prepared the industry is for the changes. This is the first in a series.

Mike Fowler, commercial sales marketing manager, Pentair Water Commercial Water Pool and Aquatics, Sanford, N.C.

AQUA: Are people ready for this?

Fowler: I think the phones are going to start ringing off the hook about March 10. But I’ll be honest with you. No, they’re not ready. If I had to take a guess, I would say there’s probably less than 30 percent of the facilities are really ready. And I’m getting that from the distributors that we talk to, because our sales aren’t real big yet on the lifts. Last week I was at a customer open house all day, and a couple of the reps there that were selling lifts were saying the same thing: that people are just not jumping at it right now. Some are, but the majority have not really dug into it yet. So the rate of compliance is really low right now.

I think what people have to understand, too, is that places that already have lifts in existence, they still need to make sure their lifts are compliant under the new regulations. 

AQUA: Is the low rate of compliance a function of there not being enough time since it was decided, or is it just human nature, and given another year to do this are we having the same conversation 12 months down the road?

Fowler: There have been a lot of different things — advertising, promotions — how much has actually hit the facilities themselves? I’m sure there’s a good amount of the facilities that don’t have a clue about this. 

They had a year already. This regulation went into effect March 15, 2011, so they had a year to comply with it. But I think a lot of people are still taking the attitude of, ‘Well, who’s going to enforce it? Do I really need to have this?’ So people are taking different stances as to whether they’re going to comply right now or not.

The awareness is a lot greater than it was six months ago. But I’ve gone to a couple of different facilities and said, ‘Hey, are you aware of this new regulation?’ and about half of them say, ‘No. I wasn’t aware of that.’ 

Some of these bigger facilities with the large bodies of water might have a lift on their pools, but if they surpass that 300 foot perimeter deal, then some of them need to have a second point of entry. So there’s a lot to this thing, and I’m thinking the percentages aren’t really high for people who are complying with it right now.

This is a federal regulation, but are the local jurisdictions going to really be enforcing this? That’s a big question, too.

AQUA: What is the business you’re going after? Are you concentrating on any particular commercial segment?

Fowler: We’re going after everything. We’re targeting every customer we have, talking to every distributor we have that sells to the service trade and construction guys that are involved in residential and commercial. We’ve had customer events, done different presentations at those events, spoken to different sales groups at the shows, things like that. We’re doing that to not so much promote our product, which we’re of course really trying to do, but to just make people aware that this is the regulation, this is the deal.

AQUA: Is there time to do this if everybody works at peak efficiency — manufacturer, distributors, schedulers, installers, clients?

Fowler: No. We’re working with a manufacturer, and that manufacturer is going to get orders, we’re going to get orders. And we’re telling people: do not wait. Look at the VGB Act a few years ago — this is a little different. What they did to the manufacturers is when they finally crossed the t’s and dotted the i’s on the regulation, they basically said you’ve got to be in compliance in four or five months. Well, all of us as manufacturers had to scramble to get things certified and done to be ready. This is a little different. This has basically been on the end users, who have had a whole year to comply. Now, are the biggest manufacturers bringing in more people, stocking up on parts? I heard they were. But, with that being said, I think if you get the March 10 and you think, ‘Oh, gosh. I’d better get a lift because I’ve got to be compliant in five days.’ I think as long as you’ve got the proof that you’ve placed an order for the lift there’s going to be some leniency, I’m sure. It’s better than not having one, I guess.

But we’ve told people all along, ‘You know this is happening. Place your orders now. There may be a two or three week lead time, and if you wait until mid-February or the first of March, you may be looking at a long wait, depending on what happens.

AQUA: Do you think part of the lack of urgency has to do with this not really being a safety and liability issue?

Fowler: Some people have been thinking it would be the insurance companies that are pushing it. But yeah. Are they going to shut a pool down because you don’t have a lift on it? No. Are they going to shut a pool down because your drain isn’t compliant? Some of that was happening in certain jurisdictions. I think the struggle is with a lot of these facilities is that they don’t have a lot of money. I mean, it’s a good chunk of change to buy a lift that you may use every three months. I would hope that if there are facilities that frequently have a physically challenged guest, that they’d have jumped on it already. Places like that probably do have something in place.

You know, we hope that everybody complies with it, but it’s going to be people’s decision whether they do or not.

AQUA: You mentioned you were conducting some seminars and raise awareness. What other resources do you have?

Fowler: On our website, www.pentaircommercial.com, we have our full literature on the lifts that we carry, we have all the manuals and specifications for those lifts. 

We have what we call a verification guide available where they can see, based on what pool or spa they have, what the best lift is going to be.

 



Barrett Kilmer, has been on the editorial staff of AQUA magazine since 2000. He has a B.A. in English from the University of Wisconsin - Madison, and currently lives in Madison, Wisc.

Comments (10) -

2/9/2012 4:54:20 PM #

Why use someone who doesn't even manufacture lifts as your source for this article? Why not use one of the actual manufacturers that are making lifts?

John Anderson

2/9/2012 9:59:05 PM #

I can't sell these lifts on the internet companies are selling a Pal portable lift for $5700 including
shipping and no SALES TAX. that is $135 over my cost. The manufactures are going to have to clean up the internet pricing  and stop drop shipping to the customer if they want us to sell their product. I will not service or install a lift purchased on the internet. How about a little help guys. What good is your MAP PRICING!

Greg Aqua Pool Service NJ

2/10/2012 9:37:57 AM #

John,
We've got more interviews coming, including one with John Caden of S.R. Smith.

barrett kilmer

2/13/2012 8:46:56 AM #


Aquatic Access is the premier manufacturer of ADA-compliant lifts, although Aqua has not spoken to us at all about the ADA law and its implementation, although we would certainly be glad to provide any information Aqua requests.

Aquatic Access lifts are easy to install and maintain, and are safe for the environment as well. Each of our lifts is built to fit a particular pool, ensuring a safe and stable installation that meets or exceeds the  2010 Standards for Accessible Design (ADA requirements). We have held our prices at 2010 levels to make it easier for our customers to meet the new law, and for our authorized dealers to be able to assist their customers with ease as well.

I have seen our products listed at prices substantially lower than we charge on a number of websites. What is a matter of concern is that often these websites are owned by companies that are NOT our authorized dealers.  We have heard from frustrated consumers who have given these companies money and never received the products they thought they purchased. There is no law that governs what people put on their websites, so caution in internet purchasing is strongly advised. The law of good sense indicates that if a deal sounds too good to be true, it probably is.

Many people prefer to purchase Aquatic Access pool lifts through our network of authorized dealers in order to have a professional install the lift for them at their location. We can always recommend a dealer to you. Facilities with a maintenance staff in place that can perform an installation are welcome to order directly from us as well.  

Our staff is always on hand to help at 800.325.5438.

Liz Waters




Liz Waters

2/14/2012 5:25:41 PM #

The Department of Justice recently clarified its position on pool lifts.  They conveyed the point that the pool lifts needs to be fixed and portable lifts will not be allowed unless it can be shown that installing a fixed lift is "not readibly achievable". I too am frustrated by Internet pricing.  All we can do is support manufactures who try to help dealers and not purchase from distributors who sell over the Internet or sell to consumers.  I specialize in commercial pools and have to compete with so called distributors all of the time.  

Alan Strand
Strand Pool Supply, LLP  PA

Alan Strand

2/15/2012 7:33:33 AM #

Don't worry about the Internet! Just have your customer's go down to your local
Poolcorp / scp and they will sell them direct !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Richard

2/22/2012 5:38:16 PM #

Don't worry about the distributors I have a KOA that is buying a Ranger lift direct from the manufacturer for $2,400.00 plus it includes a cover and custom paint job.  The same lift would cost me more then $3,100.00.  

Alan Strand

2/23/2012 3:37:01 PM #

Richard,

You are mistaken - the manufacturer (Spectrum) is selling direct to all the commercial properties.  No one can compete with that not even distributors.  

Doug

2/24/2012 9:21:58 AM #

I would like to clarify something with Mr. Alan Strand...

Your comment :
"Don't worry about the distributors I have a KOA that is buying a Ranger lift direct from the manufacturer for $2,400.00 plus it includes a cover and custom paint job.  The same lift would cost me more then $3,100.00."

For the record, the KOA's are not buying direct from Aqua Creek - we do not sell direct to the consumers.  This was a project that KOA negotiated with us for a special color and then they subsequently put it out to bid to distributors that they normally do business with based on a large volume of lifts.  Those sales are going through a distributor that won the bid with the KOA's, NOT direct through Aqua Creek.

I would ask that before you comment on anything like this that you get your facts right.  Something like this is exactly where rumors and innuendo get started.

Thank you for allowing me to set the record straight.
Respectfully,
Bruce Giffin
National Sales Manager
Aqua Creek Products.

Bruce Giffin

2/25/2012 10:29:55 AM #

manufacturer and distributors don't repair what they make and sell and yet they set MAP and other programs that control the service companies and dealers for the products. This needs to change. What needs to happen is, sell to us all, internet, dealers, service companies, at the same price. The little guy starting out in this business is not getting help from anyone. If you don't have the money to buy in bulk then sit on the side line and watch the rich get richer while you struggle to get by. Fine a nitch that no one else is selling or doing and follow that path. This has been a problem I have fought for 25 years. Thank god we survived with service. The men with money think they can shut everyone else out of the business, maybe the 99% will help this country get back to a honest way of doing business. We support and repair all swimming pool products. It is time that the manufactures support dealers and service companies of the products. But what they do is make MAP programs against the dealers and service companies so we can't even complete on the internet, why? What should happen is manufacturers buy all the distributors and end this unfair practice of price setting. Then the playing field would be equal to all that sell and repair the products. Lets see the internet people complete once I can buy products from the manufactures at the same price, my bet is I will win because we also service what we sell. The auto business can do it, I don't see why the pool business can't. Just because this is the way it was done in the past does not mean it can't be fixed. Maybe no balls  on the manufacturer side to step up and make changes. They are happy to sell to anyone at any price. Big money rules.

Bob Dutton

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