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.

Welcome!

Please check back often as we begin a discussion on ADA aquatic compliance.