ADA Pool Regulation Upcoming Effective Date

January 31, 2013 is the effective date for existing swimming pool owners to bring their pools into compliance with ADA regulations, including providing accessible means of entry and exit. What does this mean to Community Associations? Associations have to consider the following:

1) Is the Association a “public accomodation” under Title III of the ADA? This definition would include, but is not limited to, condotels, associations with swim clubs, and those with events open to the public.

2) Is it “readily achievable” to remove physical barriers in existing pools? Can the Association afford a pool lift or sloped entry in the pool? Will a mounted pool lift fit in the available space surrounding the pool? What architectural renovations will be required to make it feasible?

3) Would it be “readily achievable” to purchase a pool lift in the near future? Associations should get cost estimates and start setting aside funds to move towards compliance if it is not currently feasible to purchase a lift or otherwise remove barriers.

In answering these questions, Associations should consider having a reputable company provide cost estimates for pool lifts that meet the ADA requirements and maintain this documentation as part of the Association’s records.

Please note that non-fixed (portable) lifts will not comply with the ADA requirements unless they were purchased prior to March 15, 2012. The ADA and Department of Justice (DOJ) are not proponents of non-fixed lifts because people with disabilities should not have to wait for a pool attendant to move and operate the lift. The lift should be readily available and operable by the disabled user.

This site and any information contained herein should not be construed as legal advice. Seek a competent attorney for advice on any legal matter.

 

ADA Pool Regulations and Community Associations

In 2010, the Department of Justice (DOJ) issued revised requirements for the Americans with Disabilities Act (ADA) regarding accessible swimming pools.  In light of these new regulations, many community associations have approached me with questions regarding their association’s compliance.  This article seeks to address those concerns and provide a brief summary of the scope of the 2010 Standards for Accessible Design.

The ADA strives to provide equal opportunity to people with disabilities.  Title II of the ADA applies to state and local government services and Title III applies to public accommodations and commercial facilities.  The updated swimming pool accessibility provisions are intended to affect all newly constructed, altered and existing swimming pools with very limited exceptions.  However, privately owned community associations are generally not encompassed under the ADA. 


Title III defines a public accommodation as a facility owned by a private entity whose operations affect commerce. In order to fall under the purview of the ADA, a community association must be engaged in commerce.  This would include, by way of example, selling memberships to the general public, providing a place of lodging to the public (e.g. hotels, “condotels,” and resorts), offering swimming lessons to the general public, or hosting swim meets or events where the public is invited to access the pool.

           
If the community association is a public accommodation, there must be an accessible means of entry and exit on all newly constructed and altered swimming pools, wading pools and spas on or after March 15, 2012.  Existing pools must be brought into compliance to the extent that it is readily achievable on or after March 15, 2012.  This readily achievable standard takes into consideration financial constraints and overall feasibility.

                       
Larger pools, those with more than 300 linear feet of pool wall, are required to have two accessible means of entry, one of which must be a sloped entry.  Smaller pools are only required to have one accessible means of entry, which can be either a lift or a sloped entry.  Public accommodations also must consider maintenance and staff training as it relates to the accessible features.  Tax credits and deductions are available through the IRS for small businesses making these accessible means of entry.

This site and any information contained herein is intended for informational purposes only and should not be construed as legal advice.  Seek a competent attorney for advice on any legal matter.