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. 

_____________________________________________________________________________________

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