DOJ Extends Deadline for Compliance with ADA Standards for Accessible Design

DOJ Extends Deadline for Compliance with ADA Standards for Accessible Design

On May 18, 2012, the Department of Justice extended its deadline on the compliance date for existing pools and spas.  The new date, January 31, 2013, was established to give the Department of Justice ample time to clear up misconceptions and to educate and inform on the Standards as they relate to pools and spas. 

In the new documentation, the Department of Justice expresses significant concern about misunderstandings by pool owners and operators with respect to the ADA requirements.  Their documentation works to clarify three specific concerns:

Fixed vs Portable Lifts – A Fixed Lift must be used if it is readily achievable to do so.

Closing of Pools Due to New Standards – The DOJ wants to ensure that no pools and spas are closed because of the Standards.  The provisions call for accessibility steps to be made when they are “readily achievable.” Pool closures reduce access for everyone, including individuals with disabilities.

Supply Availability – The DOJ states that comments suggest that there is concern surrounding the availability of compliant lifts for purchase.  This extension will provide pool owners and operators more time to purchase and install the lifts to be fully compliant by the new deadline.

For more information, or to read the full documents from the ADA, visit http://www.ada.gov//regs2010/ADAregs2012/finalrule_existingpools_FR_may21.htm.  They will continue to work to provide more clarifying information. 

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Additional Information from Spectrum Aquatics®: 

Many customers ask, “What is the difference between a non-fixed lift and a fixed lift?”  According to documents from the DOJ…

A non-fixed lift is a lift that is not physically attached to the pool deck or apron in any way.  A non-fixed lift is often called a “portable lift.”

A fixed lift is a lift that is physically attached to the pool deck or apron in some way.  A fixed lift does not mean permanently attached.  A fixed lift may be removable. For example, a “portable” lift that is attached to the pool deck would be considered a fixed lift.

Spectrum Aquatics has options for fixed lifts, portable lifts that physically attach, lifts that can be converted from portable to fixed and more!  Contact us for more information.  800.791.8056.

DOJ's New Guidance on Accessible Pools

Overview on the Department of Justice’s Guidance Dated January 31, 2012 Regarding 2010 ADA Standards for Pool Accessibility

On January 31, 2012, the Department of Justice issued “guidance” intending to clarify requirements regarding accessible pools and their means of entry and exit. It is recommended that all parties involved with ADA Lift implementation read the full report and/or the five-page document in its entirety (http://www.ada.gov/pools_2010.htm). Below, we have highlighted portions of the document pertaining to pool lifts.

The 2010 Standards establish two categories of pools: large pools with more than 300 linear feet of pool wall and smaller pools with less than 300 linear feet of wall. Large pools must have two accessible means of entry; smaller pools are required to have one accessible means of entry.

Title II Facilities – Program Accessibility
Title II applies to state and local government programs, services, or activities and requires
that these entities have “program accessibility.”

• Program accessibility does not typically require that every pool be made accessible.
• A public entity determines which method it will use for meeting its program accessibility obligations.
• If a public entity chooses to acquire equipment (eg. a portable lift) the entity should select equipment that includes features required by the 2010 Standards, including independent operation by individuals with disabilities.
• Sharing accessible equipment between pools is not permitted, unless it would result in undue burdens to provide equipment at each one
• Accessible pool features must be available whenever the facility is open to the public.

Title III – Readily Achievable Barrier Removal
Title III requires places of public accommodation to remove physical barriers in existing pools to the extent that it is readily achievable. Readily Achievable is defined as “easily accomplishable and able to be carried out without much difficulty or expense."

• Removing barriers may involve installation of a fixed pool lift to the extent that it is readily achievable to do so. If installation of a fixed lift is not readily achievable, the public accomodation may then consider alternatives such as use of a portable pool lift that complies with the 2010 Standards.

Maintenance of Accessible Features and Staff Training
Accessible pool features must be maintained in operable, working condition whenever the pool is open. A portable pool lift may be stored when the pool is closed but it must be poolside and fully operable during open pool hours. Equipment may require staff support and maintenance and facilities should plan accordingly. Ongoing staff training is essential to ensure that accessible equipment and facilities are available whenever a pool is open. Staff training should include instruction on what accessible features are available, how to operate and maintain them, and any necessary safety considerations.

Spectrum Aquatics’ Portable Lifts
There is still debate on the DOJ’s interpretations of the Standards, particularly as it applies to fixed versus portable lifts. Ultimately, it is up to each individual facility to determine what is “readily achievable” for them when it comes to the removal of barriers (i.e., whether a fixed lift is required or a portable lift is acceptable). We recommend facilities check with the DOJ and their state and local code for site-specific recommendations.

In light of the new DOJ guidance, Spectrum Aquatics has engineered several solutions for affixing portable lifts to the deck. If you’ve purchased a portable lift from Spectrum Aquatics in the past, please contact us for a conversion kit.

If further questions on the Standards arise, please visit www.compliantpools.com or call us at 800.791.8056. In addition, the following organizations provide information on the Standards:

American Hotels & Lodging Association - www.ahla.com/government/

Department of Justice - www.ada.gov//

2010 Standards for Accessible Design - www.ada.gov/2010ADAstandards_index.htm

Revised ADA Requirements: Accessible Pools - Means of Entry and Exit - www.ada.gov/pools_2010.htm

ADA Standards and Spas

Spas must provide at least one accessible means of entry. This can either be a pool lift, a transfer wall or a transfer system.

If a pool lift is used, footrests are not required but they are encouraged. Sometimes however a pool lift isn't the best way to access spas.  We've heard from users that a transfer wall is often the best access means for spas, but can be hard if the pool is already built. 

Also, if there are multiple spas at the facility, not all spas are required to be accessible.  At least 5% in each cluster, or at least one spa must be accessible.

Keeping Accessible Pool Lifts Accessible

A quick note – having a lift and storing it in the closet may not be the best way to comply with the spirit of the ADA Standards! 

We were recently told this story: Someone wanted to use a pool lift at a hotel where he was staying. He first went to the pool and discovered that he needed to go down to the front desk to get a lift key.  After trekking to the front desk, he returned to the pool only to discover that the lift was also enclosed in a cover, and that the straps securing the cover were at ground level--not within standard reach ranges for people using mobility devices.  He had to go back down to the front desk for a second time to get someone to help him remove the cover. This is hardly a situation that makes the pool readily accessible to a person with disabilities.

Make sure your lift is out, accessible and readily available to users!

HOA's and ADA Compliance for Pools

Another great question we receive is whether or not HOA's and housing associations are required to comply with the ADA guidelines.  The new 2010 ADA Standards do not affect residential dwellings or housing units, such as private residences, apartment complexes, condos or homeowner's associations, if they strictly limit the use of their facility to residents and guests. 

Here’s the tricky part.  If the only users are residents and guests, then the 2010 ADA Standards do not apply.  However, if facilities decide to operate an element of "public accommodation" they then become subject to the standards. 

So what does "operating an element of public accommodation" mean to someone who doesn't speak legalese?  Here is a list of examples that would require compliance by HOAs:

·        If they generate commerce

o   The pool is membership driven and anyone can join.

o   The building is a vacation timeshare or works to actively rent out units when owners are absent.

o   The pool is used for swim competitions that are open to competitors from outside the association.

·        If the facility receives Federal funds

·        If the pool is open to the general public or used by anyone other than tenants, their families and friends

If you have any questions feel free to email us.  We're happy to help! info@compliantpools.com.

Wading Pools & the 2010 ADA Standards

Since the announcement of the new ADA standards, there has been much debate as to whether or not wading pools, or "baby pools," need to comply.  Initially, we believed that wading pools did need to comply by means of a sloped entry to the deepest part of the pool. We even called the Department of Justice to confirm.

However, upon further investigation, we have revisited our opinion. According to Guidelines for the 2010 ADA Standards, existing wading pools need to comply only if it is “readily achievable.” In most cases, adding a sloped entry to the deepest part of the pool would require the entire pool to be rebuilt. Since this would becost prohibitive to do so, it is not “readily achievable.” Existing wading pools do not need to comply under these circumstances.

The governing bodies didn't exempt wading pools from the rules because they thought that their standard of requiring changes be made when they are "readily achievable" already exempted this situation.  If a pool must be rebuilt to comply, it isn't "readily achievable."  Therefore there was no reason to rule out the entire classification of pool.  Especially because new wading pools, altered wading pools and wading pools where it is "readily achievable" still need to comply. 

If you have questions about your specific pool, we recommend that you contact the Department of Justice.  Their technical assistance hotline is 1.800.514.0301 and is answered by a real live person.

Hope this helps! If you have any further questions feel free to submit them to info@compliantpools.com.  Spectrum Aquatics would love to help you navigate the waters.

2010 ADA Standards and Pools – Just getting started

As many people know, in September of 2010 the Department of Justice issued a new set of ADA Standards.  The standards have left many private and public aquatics facilities wondering what the standards are and how they apply.  The whole idea behind the movement and new regulations is the removal of barriers for people with disabilities.  The 2010 Standards for Accessible Design provide accessibility standards which set minimum requirements for facilities to be readily usable by individuals with disabilities.  The standards were designed for all kinds of facilities, from hotels and schools, to event centers and medical care facilities, jails and recreational facilities, and of course, your pool.

When it comes to aquatic facilities, compliance can be easy, and there is a real and immediate mandate for change.  The 2010 ADA Standards require that all commercial pools, new and existing, have at least one accessible means of entry – either a pool lift or a sloped entry.  And there is a timeline – March 15, 2012.

There are many more details about the ADA Standards and the equipment that can make a pool compliant.  Our website – compliantpools.com – is a great place to start your research.  As manufacturers of ADA compliant pool lifts, the creation of the new standards has been a rollercoaster ride for us as well! We receive many questions about how the standards apply and work closely with the Access Board and the Department of Justice to fully understand the ins and outs of the ADA Standards and the spirit in which they were set.  As we receive new questions we will blog about them here.  Feel free to submit any questions you have to info@compliantpools.com.  We’d love to help you navigate the waters.