| 2010 Revisions to the ADA Requirements for Pools & Spas |
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Download an official copy of the documents reffered to in this article.
The 2010 Standards will affect most public swimming pools and spas including government (school, city, county and state) as well as private and commercial facilities classified by the Americans with Disabilities Act as Title II or Title III respectively. Because the 1991 Standards did not address swimming pool and spa access, there is no "safe harbor" or exemption for any existing facilities to come into compliance with the 2010 Revisions. Additionally, the DOJ has issued an advisory that due the relatively low cost and flexibility of installation of chair lifts, defenses such as fundamental alteration, undue financial or administrative burden, and direct threat will not justify non-compliance. Basically, if the swimming pool and/or spa facility is open to the general public, the 2010 Revisions to the ADA must be met. Facilities not affected include beaches, lakes and rivers as well as private residences (backyard pools), private clubs, apartment complexes, and condominiums. Apartments and condominiums are subject to the requirements of the Fair Housing Act. However compliance with the 2010 Standards is required if the facilities rent rooms like a hotel or make pools and spas available to the general public (rent space or sell pool memberships for example). Additionally, any exempted facility making space available to the general public for a special event or seasonal promotion (membership drive or open house for example) must be in compliance during that event.
 Wave action pools, leisure rivers, sand bottom pools and other pools where access is limited to one area are exempted from providing more than one means of entry; however, the means of entry must be a pool lift, sloped entry or a transfer system.Wading pools must have a sloped entry. Sloped entries must meet all the requirements of Chapter 4 and 10 of the 2010 Standards. Ramps should terminate at a spot in the pool that is 24-30 inches deep or to the deepest part of the wading pool.
Catch pools are not required to provide an accessible means of entry in the 2010 Revisions. A catch pool is a pool or designated area of a pool used as a terminus for water slide flumes.Water slides are not required to meet accessibility requirement or be on an accessible route; however, catch pools must be on an accessible route to allow observation and interaction with slide riders.
In addition to installing accessible mean of entry, that equipment must be in good working order when needed. The 2010 Revisions state “a public accommodation shall maintain in operable working condition those features of facilities and equipment that are required to be readily accessible to and usable by persons with disabilities.” When choosing equipment, consider the ongoing cost of a regular maintenance contract as well. Facilities that do no comply before the deadline could face fines, lawsuits and complaints filed against them with the Department of Justice. Many federal grants also require applicants to provide proof of compliance with the ADA as well as other initiatives. In addition, most municipalities will not issue Certificate of Occupancy for new building or renovation until accessibility requirements are met. Those complying with the requirements may be eligible for a tax credit. The Internal Revenue Service has a Disabled Tax Credit program of up to $5,000. Contact your tax professional for more information. Tuttle Training Solutions provides swimming facilities with a comprehensive audits for compliance with the 2010 Revisions to the ADA and more. Contact our office for more details. Sources: http://www.ada.gov/regs2010/factsheets/2010_Standards_factsheet.html http://www.access-board.gov/ada-aba/final.cfm#a242 http://www.access-board.gov/ada-aba/final.pdf |
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The Americans with Disabilities Act (ADA) is a broad civil rights law protecting rights for persons with disabilities.In July of 2010 President Obama announced that the 
While facilities housing swimming pools and areas surrounding the pool, such as offices, locker rooms, dining areas, pathways, and the parking lots were covered in the original guidelines, no regulations addressed getting a person into and out of a swimming pool or spa. In 1994, the 
2010 Standards for Accessiblity (4.7 MB)
There are five accessible means of entry outlined in the 2010 Standards for swimming pools and spas including pool lifts, sloped entries, transfer walls, transfer systems and stairs. 2010 Standards require that all swimming pools must have either a pool lift or a sloped entry as one means of entry. Additionally, for swimming pools with more than 300 linear feet of perimeter, there must be one other means of access which may be any of those outlined in the 2010 Standards. Keep in mind that not all products are created equal. When bidding or purchasing equipment make sure to specify that they comply with the 2010 Standards for Accessible Design Chapter 10 (1009.2 - 1009.6).
Many people using a ramp may need a wheelchair that can go into the water. Personal wheelchairs and mobility devices may not be appropriate for submerging in water. Providing an aquatic wheelchair made of non-corrosive materials and designed for access into the water will protect the water from contamination and avoid damage to personal wheelchairs.
Spas require one entry. The means of entry must be a pool lift, transfer wall, or transfer system. Existing stairs are not considered to be an accessible means of entry even if they meet the requirements of the Standards outlined in 1009.6. When several spas are together in a cluster, five percent but no less than one of the spas must meet the accessibility requirements.
