Many believe that the DOJ is extending the date for compliance to hear further arguments as to why the portable lift would represent an unreasonable hardship on owners.  There is also a misconception about whether the DOJ is considering arguments as to why a fixed lift would introduce a potentially hazardous piece of recreation equipment for pool patrons of a younger age.  To see why these are misconceptions, one need only to look at the statement.  Fixed lifts are still a requirement for any pools built after the March 15, 2012 implementation date.

That being said, many groups have lobbied against this part of the new regulations and Bills are currently being evaluated by various committees.  Of the Bills currently being considered, none are currently tracking at over a 3% chance of passing by govtrack.us.

The Bills that have been introduced and lobbied for by various groups including the AHLA are the following:

H.R.4200: To amend the Americans with Disabilities Act of 1990 to prohibit the Attorney General from administering or enforcing certain accessibility regulations relating to pools at public accommodations or provided by public entities
Purpose: To amend the Americans with Disabilities Act of 1990 to prohibit the Attorney General from administering or enforcing certain accessibility regulations relating to pools at public accommodations or provided by public entities.  This bill runs hand-in-hand with the Pool SAFE Act.

S.2191: A bill to amend the Americans with Disabilities Act of 1990 to prohibit the Attorney General from administering or enforcing certain accessibility regulations relating to pools at public accommodations or provided by public entities.
Purpose: A bill to amend the Americans with Disabilities Act of 1990 to prohibit the Attorney General from administering or enforcing certain accessibility regulations relating to pools at public accommodations or provided by public entities.

H.R.4256: Pool Safety and Accessibility for Everyone (Pool SAFE) Act
Purpose: 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.

H.R.3356: ACCESS (ADA Compliance for Customer Entry to Stores and Services) Act of 2011
Purpose: To amend the Americans with Disabilities Act of 1990 to impose notice and a compliance opportunity to be provided before commencement of a private civil action.

H.R.881: ADA Notification Act of 2011 
Purpose: To amend title III of the Americans with Disabilities Act of 1990 to require a plaintiff to provide a defendant with an opportunity to correct a violation of such title voluntarily before the plaintiff may commence a civil action, and for other purposes.

Wow that’s a long title.  But, it’s the best way to say it.  There are certain tell-tale, or dead giveaway items that can keep guests from deciding to head into a hotel and set down their credit card at the front desk.  These items are part of the building’s exterior and they aren’t always captured on a website.  While sites like TripAdvisor and Oyster do a good job, they’re certainly not comprehensive in terms of properties evaluated.  If a guest sees items from the following list on the outside of a hotel, they’ll usually think twice about dropping their head onto the pillows.  Owners and operators, if your building has the following and everything is pristine inside, then you’re the exception and not the rule.  Still, some simple things will help to keep guests from moving down to the next property or the one across the street.

1. Damaged or Malfunctioning Signage

This one takes the first spot because it’s usually the first thing that branded hotels emphasize in terms of maintenance.  It’s their flag, their logo and their identity.  If a hotel owner has not made the effort to keep lighting changed out, update the logo (I passed a property recently that still had old signs from a brand that changed its logo over 5 years ago – Huge, Gigantic, Enormous red flag), repaired cracks or breaks and worst of all, is still advertising events that took place weeks ago, most won’t bother checking in.  Logic only dictates that if a property doesn’t put forth the effort to attract its guests from the outside with the proper signage, then they’re not doing anyone justice on the inside.

2. Old Paint

This one could have been first because it’s just too easy.  When a building looks old and faded, when there are cracks, when the old paint is flaking off and when the color was fashionable for a building exterior in 1984, there isn’t really a good excuse.  Granted, there are all types and sizes of buildings out there.  So for the smallest, this one resonates even more.  For the largest, maybe a pass on the tower portion, but certainly not for the street level or porte cochere (which happens all too often).

3. Mold

If you see it on the outside of a building, that means a power washer or a service that can power wash needs to come out of capital.  Likely, if it’s on the outside, guess where else it is.  Many guests will.

4. Parking Lot Striping

This one may seem silly, but for about $7 per space, spend the money for re-striping.  If you have abundant parking, then stripe the spots closest to the building.  Many people won’t be able to put their finger on exactly what’s making the place look old and run-down, others will.

5. Landscaping

No landscaping is better than dead landscaping.  A dead plant, tree or patch of grass says ‘Nobody is concerned with the fact that there’s dead foliage outside,’ and says it directly to guests.  With more and more people becoming aware and even experts at gardening in general, a hotel cannot afford to risk poor landscape maintenance.

6. Old Drapery

Yep, you’d be surprised to know how many people look in the windows before checking in.  If they get closer and see old, damaged or discolored drapery, they turn around.  I happen to be married to one of those people.  Frankly, I don’t blame her.  If you can swing it, at least repair or replace the sheers between the actual drapery and the window itself.

7. Window Tint

If at some point in the past, your building had undergone installation of window tint and it’s still intact and in good shape, consider yourself in the fortunate few.  Most newer window installations had the option of integrated window tinting.  If not, and the window tint has taken place within the past 5 years, the technology since then has come very far forward.  If your windows have film that was installed more than 5 years ago, then it’s likely that it has discolored, peeled, blistered or is just scratched up.  Have you seen those cars where the owner had tried to do a tint installation on their own?  That’s what your hotel looks like.  Get rid of it and install new tint.

The best way to ensure that the microbial growth does not recur is to apply a skim coat of a mold resistant joint compound.  We have seen great success with products like RapidSet OnePass and ProRoc from Certainteed.  Both of these products, as well as others that we have heard have been used with equal success from USG and other major manufacturers, contain a quick drying additive that also serves to keep the walls beneath the wallcovering dry.  Since you’re likely to see some sort of push from the contractor for added wall prep after they remove the existing layer(s) of wallcovering, don’t push back.  Instead, a better approach is to budget for a little extra wall prep and insist that a mold resistant joint compound be used for this skim coating.  It will save your project from any possible remediation by an environmental subcontractor in the future.  We’ve seen this happen many times in very humid climates and the expense is significant.  This is one of those situations where a stitch in time will actually save nine.  A good rule of thumb for 100% wall prep cost estimating is roughly $1 per square foot.  If your scope has been determined correctly, it’s likely that you should already be considering at least 25% wall prep in areas in which there is going to be any demolition of existing wallcovering.

Also to note: there are two types of joint compounds, 1) pre-mixed and 2) dry-packed.  Pre-mixed joint compound usually comes packed in plastic bags that are then inserted into a square box -or- into large, 5 gallon plastic drums.  This product is the default choice of many subcontractors because it’s cheaper and saves the time needed to mix the dry packed product.  Keep in mind that these products are actually different in their chemical make-up and by their very nature are designed to stay wet as long as possible because it extends the shelf-life.  Conversely, the dry-packed products come in bags that have to then be mixed on the jobsite and are designed to dry quickly and stay that way.  We have seen instances where a dry packed product was used to repair a wall patch in a perfect 2′ by 2′ square.  Months later when there was mold discovered at the seams of the vinyl wallcovering, the 2′ square patch was perfectly white and clean while all around it, mold had been growing at an aggressive rate.

Take the time to speak to your Project Manager or General Contractor about the options for skim coating with a mold resistant joint compound.  The initial expense during your renovation is well worth it in the long run, or the short run if your property is in Florida, Louisiana, Mississippi, Georgia, Houston, Virginia…….

Top 10 Ways to Keep Your Hotel From Looking Old (Between Renovations):

And no, keeping trucks out of the guestrooms is not in the top 10.  This list isn’t inclusive of all of the ways to keep your property fresh, just the top 10 as we see it.

      1.  Communication –

May seem odd, but it’s number one with a bullet.  Too often from what I’ve seen, the communication between the two teams that can do the most to keep the property looking fresh, housekeeping and engineering, is strained and sometimes even contentious.  These two teams (in a small property), or leaders of these teams, need to be meeting every day to make sure they have the same items on their priority lists.  This simple approach will ensure that the most crucial items are addressed as quickly as possible.

       2.  Empower the Housekeeping Team –

I recently heard a longtime hotelier list the housekeeping department as the most important team in the hotel.  I couldn’t agree more.  But from a maintenance perspective, there are too many times when the room attendant only focuses on cleanliness.  Since housekeeping is the only department to enter every room every day, it is imperative that they be given the tools to identify issues.  One simple tool they should have…a camera.  That’s right.  Give each housekeeper a digital camera.  Tell them to take pictures of the items on this list next to a piece of paper with the room number written on it.  The cameras then go back to the housekeeping manager or director at the end of each shift and the pictures are distributed to the entire hotel team.  It’s the best way to make certain that nothing slips through the cracks.  A picture says 1000 words.

      3.  Keep Things Dry –

Water is the enemy of any building.  It has a sneaky way of saturating walls, finding pathways between cracks, helping mold grow, causing rust and decay, causing ceiling stains and allowing mineral deposits to stain and discolor just about anything.  Seal any caulking gaps in tubs and showers, re-insulate any cold or hot water pipes if they’re exposed, make sure air conditioner condensation lines are clear draining properly, ventilate rooms where humidity builds frequently.  Treat water like a threat to be dealt with urgently and you’ll avoid all of the premature aging that it causes.

      4.  Repair Your Wallcovering –

Every renovation should leave your property with adequate attic stock for your team to patch and repair dings, gouges and stains.  DO NOT, and I repeat, DO NOT allow spot patches unless the person doing it is a wallcovering installation black-belt.  I only know a handful of those and I’ve been at this a while.  Make them do the patch in an entire drop and cut-in at the existing seams.  If the new wallcovering strip looks different than the adjacent drops, go corner to corner on the entire wall.  If the walls beneath have any mold growth (likely in humid climates), then paint the wall a complimentary color and paint it corner to corner.

      5.  Address Carpet Cleaning and Snags –

Treat snags in closed-loop nylon carpet as though they’re poisonous snakes getting ready for an attack.  Cut them off immediately – not with a blade, with scissors.  A blade, if not razor sharp, may serve to pull the snag out even more.  With nylon carpet (guestrooms), steam cleaning is best.  Don’t wait until you have to do the whole property.  Do it on an as needed basis.  If you don’t have a steam cleaner on site, get one.  If you don’t have the storage or capital, most cleaning companies will make the trip if you can give them even as few as 3-4 rooms at once.  For Axminster or wool carpet, DO NOT use a rotary carpet shampoo or cleaning machine…ever.  Do not clean via heat, or a hot water extraction on the wool carpet for at least 3 months after installation.  Some manufacturers will recommend waiting at least 30 days before an extraction cleaning is performed, but if you can wait a full 90 days, do so.  Truth be told, I would not recommend a hot water cleaning on wool carpet at all, but if it’s done right, you may be fine.  The reason I recommend avoiding heat is that it can, I’m not saying will, but it can serve to release the carpet adhesive or at least weaken the bond and end up causing the carpet to release from the pad and create ugly little waves in the carpet.

     6.  Paint –

Paint, paint and more paint.  Yes, that was its own sentence, and did I mention paint?  Depending on the size of your property, limit the painting responsibilities to as few people as possible.  That way, the colors will stay consistent.  Why?  Because that one person knows where the latest can he used is, knows what finish should go where and knows which areas get painted the most.  Consistency is paramount with painting.  CORNER to CORNER!  Do not spot touch up an area or wall.  It doesn’t matter if it’s the same paint with which you painted the entire wall an hour ago, the finish and color difference will still show up.  Even an added layer of paint over one layer can show up in the right light.

      7.  Re-Caulk Often –

This applies to all caulk in the building, especially to the wet areas.  If the caulk at the base of the tub / shower wall, toilet or sink backsplash has separated as much as a hair, it can discolor and mildew in as little as one week.  Nothing says ‘old’ like discolored caulk.  Don’t even get me started on the caulk around the base of the toilet, but if you can avoid using white, do it.

      8.  Maintain Your Grout –

In the first place, insist on dark grout during your renovation.  Granted, there are tile colors and applications where dark grout just won’t suit the aesthetic, so choose your battles carefully.  Just know that there is no sealant or grout type that will hold its color if it is beige, white or any other lighter color.  The only way to restore a light colored grout is to grind down the top layer and re-seal the lighter, exposed layer –or- re-apply after grinding.  My suggestion: stain all the grout a dark color, seal it and make it all consistent.  A patch of dark grout in the high-traffic area of a foyer, walkway or lobby screams of age.

      9.  Install Protection –

If during your renovation, the designer insisted that the walls not be adorned with those unsightly and awful things known as (gasp) corner guards, install them anyway.  In fact, install anything that will protect the highest impacted areas of the property.  Kickplates on doors (yes, even guestroom doors – your painter will thank you, as will your labor budget – you can even find some that will match your paint color), corner guards, etc.  I don’t advocate going so far as plastic runners on the floors of the corridors or clear slip covers on sofas, but if you can swing other protection items that keep your corners, walls and doors from displaying dings that make interiors look tired…do it now.  There are even plenty of products that would suit high-end properties that traditionally wouldn’t even consider them otherwise.

      10.  Give Some Love to Your Furniture –

This one is a little like herding cats, but if your labor budget allows, follow the same rule as the painter (or combine the two responsibilities) and have someone own a touch-up program for your case goods and soft goods.  Guestroom furniture takes a beating.  Keep an abundance of furniture touch-up pens on hand and address scratches, dings and dents in the finish of the case goods.  Clean or replace the lampshades.  Clean and repair chairs and sofas.  The guestroom furniture is likely the first component of a property to start showing its age.  Keep it pretty and functioning and you’ll stave off the rotten TripAdvisor reviews that use the dreaded adjective in reference to the furnishings…’old’.

The delay on the enactment of the 2010 guidelines pushed the compliance date back to May 15.  The Pool SAFE (Safety and Accessibility for Everyone) Act was passed to the House Subcommittee on the Constitution on April 9th.  It’s probably not out of the realm of possibility that the deliberations over the act will drag past the May 15 deadline.  However, there is a provision within the act itself that calls for the dismissal of any suits that are filed after the legislation’s enactment.  The question then begs: what happens if the Pool SAFE Act doesn’t pass?

Looks as though the forces are aligning for a battle royale.  Pool lifts are still going to be a requirement, new date for compliance is May 21.  We’ll see in the coming weeks whether or not that date holds, but up to $55,000 fine for the first violation is going to be painful.

That brings me back to the new bulbs out there.  You’ll essentially have 3 options.  Option 1 is the compact fluorescent ‘corkscrew’ bulbs that you see just about everywhere now.  The problem with these is that they’re fluorescent; no instant-on because the gasses inside the corkscrew have to heat up in order to reach full brightness, and the light that they cast is often not very appealing to the eye, although GE has come up with a Halogen-CFL hybrid that features instant-on and the color options are increasing.  Option 2 is the halogen bulb.  They’re cheaper than the CFL’s (short in the industry for compact fluorescent – and I don’t blame them, it’s difficult to type) but they tend to get very hot and it is difficult to control the color.  Halogens, while they last on average of about 5 times longer than regular bulbs, won’t save you the energy consumption of CFL’s or our next option, LED’s.

Option 3, LED’s, are very miserly in terms of energy consumption.  But there is a trade off.  They are expensive on the front end.  A non-dimmable LED will run anywhere from $15 all the way to $50.  Yes, that’s each.  By comparison, a non-dimmable CFL or halogen bulb is in the $2 – $4 range.  Another issue to consider when considering LED’s is the Lumen rating, or amount of equivalent light that it puts out.  Most don’t go past a 50w rating, meaning they throw about as much light in terms of brightness as a 50w incandescent bulb.  Lastly, and this is a big consideration for those of you in hot climates; LED’s are touted for their life expectancy, some say as much as 50,000 hours (there are 8,760 hours in a year), but if they’re used in hot settings, they can lose their light emitting capability and experience sudden failure.  They don’t do well in heat.

Also, if you’re like me, then you probably despise tailgaters, but that’s beside the point.  If you’re like me when it comes to lighting, you probably like to adjust the light levels in rooms.  If this is the case, be prepared to shell out a few more bucks for a dimmable LED or CFL.  I would highly recommend looking at the TruDim technology CFL’s from TCP (uncompensated recommendation).  The TruDims are a new product on the market that serve to bridge the gap between the LED’s (longer lifespan), incandescent (shape is not corkscrew), CFL (price point and energy use) and they also dim to 2% without flicker.  I have seen and installed these bulbs in many fixtures and have yet to encounter a problem with any dimming system with which they have been used.  The facilities teams typically like them due to the fact that TCP bulbs are targeted towards institutional and commercial applications and their vendors can readily provide them.

Another note: be careful of the LED’s that don’t mention the brand.  Some of these are manufactured in out of the way places and can look attractive on price point, but the function could be suspect.  Also to consider is how you’re dimming them if you’re going in that direction.  Don’t plan on using the same dimmers that you’ve had in your walls for years; they won’t work well with LED’s.  Try a Lutron C-L dimmer with the adjustment screw in the back behind the faceplate.  You can set the current amount to be compatible with any bulb you choose.