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.

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.

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.