APPENDIX TO § 36.304 ( D )
COMPLIANCE DATES AND APPLICABLE STANDARDS FOR BARRIER REMOVAL AND SAFE HARBOR
Date | Requirement | Applicable standards |
Before March 15, 2012 | Elements that do not comply with the requirements for those elements in the 1991 Standards must be modified to the extent readily achievable Note:Noncomplying newly constructed and altered elements may also be subject to the requirements of § 36.406(a)(5). | 1991 Standards or 2010 Standards. |
On or after March 15, 2012 | Elements that do not comply with the requirements for those elements in the 1991 Standards or that do not comply with the supplemental requirements (i.e.,elements for which there are neither technical nor scoping specifications in the 1991 Standards), must be modified to the extent readily achievable. There is an exception for existing pools, wading pools, and spas built before March 15, 2012 [See § 36.304(g)(5)] Note:Noncomplying newly constructed and altered elements may also be subject to the requirements of §36.406(a)(5). | 2010 Standards. |
On or after January 31, 2013 | For existing pools, wading pools, and spas built before March 15, 2012, elements that do not comply with the supplemental requirements for entry to pools, wading pools, and spas must be modified to the extent readily achievable [See § 36.304 (g)(5) ] | Sections 242 and 1009 of the 2010 Standards. |
Elements not altered after March 15, 2012 | Elements that comply with the requirements for those elements in the 1991 Standards do not need to be modified | Safe Harbor. |
28 C.F.R. § 36.304