The Law:
The Americans with Disabilities Act (ADA) is a civil rights law that prohibits discrimination on the basis of disability. Published in the Federal Register, September 15, 2010, and taking effect on March 15, 2011. Compliance is required by until March 15, 2012
ADA Accessibility Guidelines: (ADAAG)
(ADAAG) is the standard applied to buildings and facilities including:
Commercial, Public, and Semi-public:
Aquatic Recreational Facilities
Swimming pools and Spas, and Wading pools,
Special Purpose pools
Facilities required being in compliance:
Any Facility engaged in selling pool passes to the public is considered commercial facility
Any facility open to the general public is considered a public facility
Facilities intended for aquatic recreation use are required a permit for operation (public, semi-public, commercial, non-commercial, not-for-profit, etc).
Residential facilities like Apartment Complex, Condominium, Home Owner’s Associations that operate on element of public accommodation
Provisions:
ADA guidelines provide specification of certain elements in the design of new and renovated facilities to ensure that individuals with disabilities are generally able to access swimming pools and spas and use a variety of features of the facility.
Enforcement:
Through lawsuits and settlement agreements, the Department of Justice has achieved greater access for individuals with disabilities in hundreds of cases. The Department of Justice may file lawsuits in federal court to enforce the ADA, and courts may order compensatory damages and back pay to remedy discrimination if the Department prevails. Under title III, the Department of Justice may also obtain civil penalties of up to $55,000 for the first violation and $110,000 for any subsequent violation.
Swimming Pools (over 300ft perimeter):
At least two accessible means of entry must be provided for swimming pools. Primary means must be a pool lift that is capable of being independently operated by a person with a disability or sloped entry. Secondary means may be pool lift, sloped entry, transfer wall, transfer system, or pool stairs.
Exceptions:
o Swimming pools with less than 300 linear feet of pool wall must provide at least one accessible means of entry. Means must be pool lift or sloped entry.
o Pools with Limited Access
o Wave action pools, leisure rivers, sand bottom pools, and other pools where user access is limited to one area must provide at least one accessible means of entry. Means must be pool lift, sloped entry, or transfer system.
o Catch Pools Catch pools are bodies of water where water slides drop users into the water. An accessible means of entry is not required but the pool must be served by accessible route that connects to the pool edge.
Wadding Pools:
Wading pools must provide at least one slopped entry (beach entry)
Spa (Jacuzzi, whirlpool):
Spas must provide at least one accessible means of entry. Means must be pool lift, transfer wall, or transfer system. Footrests are not required on pool lifts provided at spas but are encouraged, especially on larger spas where the water depth is 34″ or more or where there is sufficient space. Where spas are provided in cluster, at least 5% in each cluster, or at least one spa must be accessible
Pool lifts:
1009.2.7 Operation. The lift shall be capable of unassisted operation from both the deck and water levels. Controls and operating mechanisms shall be unobstructed when the lift is in use and shall comply with 309.4.
Advisory 1009.2.7 Operation. Pool lifts must be capable of unassisted operation from both the deck and water levels. This will permit a person to call the pool lift when the pool lift is in the opposite position. It is extremely important for a person who is swimming alone to be able to call the pool lift when it is in the up position so he or she will not be stranded in the water for extended periods of time awaiting assistance. The requirement for a pool lift to be independently operable does not preclude assistance from being provided.
Useful Links and Additional Info:
Department of Justice – ADA Home Page:
http://www.ada.gov/2010ADAstandards_index.htm phone: 1-800-514-0301
U.S. Access Board:
www.access-board.gov phone: 1-800-872-2253