At a hotel swimming pool there is usually a gate. A gate to a pool is required to comply with section 4.13, which requires the gate hardware to be 48" A.F.F. max.
The 2007 Pool Code requires the latch to be 54" min. a.f.f. for safety. Since both cannot be satisfied, which one do you follow?
Typically we say that it must meet the more stringent rule, but in this case if we follow the most stringent in relation to accessibility, we don't follow the most stringent for safety.
The new ADA/ABA guidelines allow the 54" a.f.f. as an exception, however these do not apply yet. In the Texas Accessibility Standards there is a small print that states that if a model code have certain requirements that are in conflict with the accessibility standards, the Model code would rule.
Where municipalities would require you to follow the Model code rather than the Accessibility Guidelines, then you would have to apply for a Variance (in States that have an enforcing agency) and reference the Model code as the source. The Access Board suggests that the covered entity follow the 2004 Guidelines to resolve the conflict.
