The Newly Enacted 2010 ADA Standards Compliance For Swimming Pools

Posted on March 8, 2011 to ADA, Construction, Industry News

Mitchell B. Friedlander, CEO and President, American Pool Enterprises, Inc.

On July 26^th 2010, the Department of Justice released updated Standards which provide specifications for the design of new and altered facilities to ensure that individuals with disabilities are able to access swimming pools and spas. The law went into effect March 15^th 2011 with compliance required by March 15^th 2012. For new construction the 2010 standard should be followed.

The Title III Regulations set forth requirements for the construction and alteration of facilities.

New construction is broken down into two categories: General and Commercial facilities located in private residences. New construction should maintain the new standards.

Alteration means change to a building or facility that affects or could affect the usability of the building or facility or portion thereof. Alterations include, but are not limited to, remodeling, renovation, rehabilitation, reconstruction, historic restoration, changes or rearrangement of the structural parts or elements, and changes or rearrangement in the plan configuration of walls and full-height partitions. Normal maintenance, reroofing, painting or wallpapering, or changes to mechanical and electrical systems are not alterations unless they affect the usability of the building or facility.

A physical change to a swimming pool which affects or could affect the usability of the pool is considered to be an alteration. Changes to the mechanical and electrical systems, such as filtration and chlorination systems, are not alterations.

The ADA does not consider Apartments to be commercial facilities but they are potentially places of public accommodation. They will be deemed places of public accommodation, and therefore subject to the ADA, when they “affect commerce” and are “open to the public”. Any exchange of money will likely be found to “affect commerce”. The true test is whether a facility is “open to the public”. This is a fact sensitive analysis with no clear cut answer. Factors to consider are:

Is use of the pool strictly limited to residents or “members” (i.e. are guests permitted)?
What is the purpose of the facilities existence?
Is there advertisement for membership to the public? If yes, what are the membership requirements?
Can the pool be rented out for events? If yes, can non-members rent the facility?
Is a guest pass required? If yes, how long is the pass good for?
Do guests enjoy the same privileges as members/residents?
Is a guest allowed “unfettered” access to the pool?
If guests are permitted with some “limitations”, are those limitations truly enforced?
Does the Pool generate any income?

The bottom line is, if your pool is open to anyone who is not a resident or member, the pool is potentially exposed to the ADA. Therefore, if you are subject to the new standard an ADA approved means of access is required. If a pool is less than 300 linear feet then at least one ADA accessible means of access is required and that means of access must be type primary access, being sloped entry or lift. If a pool is greater than 300 linear feet there must be at least two ADA accessible means of access. One must be type primary (sloped entry or lift), the other may be any of the primary or one of the secondary. Secondary access systems are transfer wall, transfer system or stairs. You can repeat the same primary method twice. Wading pools will require a sloped entry.

If considering a lift the following specifications must apply: 300 lb minimum weight capacity, solid seat 16” wide, seat located minimum of 16 inches from edge of pool, seat able to drop 18 inches below stationary water level, foot rest, capable of unassisted operation from the deck and the water. Lift located so individual can enter in less than 48 inches of water, clear deck space of 36 inches by 48 inches for user.

The Federal government offers tax incentives for access barrier removal. A tax credit is available for small businesses that remove access barriers from their facilities, provide accessible services or take other steps to improve accessibility for customers with disabilities. A tax deduction is available for businesses of all sizes that remove access barriers in their facilities or vehicles. Information is available at www.americanpool.com or visiting the government website at www.ada.gov/taxincent.htm.

About the Author
Mitchell Friedlander was appointed President and Chief Executive Officer of American Pool Enterprises, Inc. in 2001.

He is responsible for the execution of the Company’s overall vision and strategy, not to mention lending a helping hand to clean and prepare pools during the season every spring. In 1987, he founded the Baltimore Operation during the early days of American Pool.

Mitchell graduated from the University of Maryland, College Park with a degree in Marketing. Prior to American Pool, he was a Major Accounts Manager at Xerox Corporation.

View Mitchell’s LinkedIn Profile

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