The Americans with Disabilities Act (ADA) – what you, your business and your clients need to know in order to be compliant.
Background and History of ADA
The original Americans with Disabilities Act was signed into law on July 26, 1990. The pool and spa industry is involved in two sub-parts of this law. Public Entities and Public transportation (Title II) and Public Accommodations and Commercial Facilities (Title III). In 2004 the Department of Justice issued enforcement guidelines that included pools and spas. At that point they were just that – guidelines and not law.
In July 2010, the Department of Justice announced its final rule making. The revised regulations were then published in the Federal Register on September 16, 2010 and will take effect on March 15, 2011. Compliance with these regulations will be required no later than March 15, 2012.
Title II (Public Industry)
Title II prohibits disability discrimination by all public entities at the local and state levels. Examples of Title II entities include school districts, municipalities, cities, and counties.
Title III (Private Industry)
Title III prohibits disability discrimination by and place of public accommodation (commercial facilities). Examples of Title III entities include a place of recreation, a place of education, and a place of lodging.
Part I -Government
ADA compliant lifts must:
1. It must be able to lift at least 300 pounds.
2. It must be capable of being operated by the user from both the water and deck levels. (Manually rotated lifts are not ADA compliant)
3. It must have a rigid seat. (Sling seats are not ADA compliant)
Why should I update my pool and/or spa to make it ADA compliant?
The ADA is an anti-discrimination law that prohibits discrimination on the basis of a person's disability. Part of this law is the Americans with Disabilities Act Accessibility guidelines (ADAAG) which outlines the construction standards for new and remodeled facilities. Facilities that do not comply are open to complaints filed with the United States Department of Justice who in turn may bring suit against your facility and force you to comply and in some cases assess fines up to $110,000.00.
Exclusions
There are some exceptions from the accessibility guidelines. Title II facilities can be excluded if they can prove that modifications would significantly alter the historic nature of the building. They could also be excused if they could demonstrate that making such modifications would create undue financial hardship for the facility. Title III Facilities can be excluded if they can demonstrate that reasonable accommodations are not readily achievable. However, the Department of Justice has made it very clear that, given the flexibility and cost of a pool lift, it would be very difficult for any entity to escape their responsibility to provide access to a swimming pool.
Do the new requirements apply to both existing and new swimming pools and spas that fall under the Title II and Title III categories?
Yes, the permitted means of access must be provided on all installations no later than March 15, 2012. It is recommended that these means of access be added as soon as possible.
How does the ADA affect existing state and local building codes?
Existing codes remain in effect. The ADA allows the Attorney General to certify that a state law, local building code, or similar ordinance that establishes accessibility requirements meets or exceeds the minimum accessibility requirements for public accommodations and commercial facilities. Any State or local government may apply for certification of its code or ordinance.
Part II – Tax Incentives for Businesses
For more information about these tax incentives and the ADA, call the Department of Justice ADA Line at: (800) 514-0301. Or you can visit the ADA Business Connection at: www.ada.gov.
Part III – Q & A
Q: What type of pool or spa is subject to ADA requirements?
A: Any public or commercial pool open to the public, or recieves government funding, or uses the pool to generate additonal revenue other than from it facility members.
Q: Does my pool need a ADA compliant pool lift?
A: Any commercial pool with 300 linear feet or more needs two means of access. One being a ADA compliant pool lift or sloped entry. Any commercial pool with less than 300 linear feet needs either an ADA compliant lift or sloped entry.
Q: What is a commercial pool?
A: Any pool that is open to the public at any time, receives government funding, or receives revenue from the pool such as membership dues.
Q: What are the means of access?
A: Means of access can be divided into two categories: 'Primary means" are an ADA compliant pool lift or sloped entry; 'Secondary means' are an ADA compliant transfer wall, transfer system or stairs.
Q: Does my spa, wave action pool, leisure river, wading pool or sand bottom pool need a pool lift?
A: They all need one access point. A wading pool must have a sloped entry. A spa must have either a pool lift, transfer wall or transfer system.
Q: How do I know if my pool lift is ADA compliant?
A: Here are some basics to check on your lift.
1. Lift must have a capacity of 300 lbs or more.
2. Lift must have a solid seat and a footrest. Sling seat styles are not compliant and should be replaced.
3. Lift must be self operable from the deck and the water. A lift with manual rotate or hand crank is not compliant and should be replaced.
Q: I have several spas located near each other; do I need to make each spa accessible?
A: If you have spas in a cluster, no more than 5% or a minimum of 1 spa needs to be made accessible.
You need to have an accessible route up to those spas that are made compliant.
Q: Do Condos and HOA's have to comply? Apartment Buildings?
A: Only commercial facilities, places of public accommodation or facilities that receive Federal funds need to comply. Condos, HOA's and Apartment Complexes are considered housing units and are covered by the fair housing act. They are not required to comply unless:
1. They generate commerce (meaning the pool is membership driven and anyone can join)
2. The facility receives Federal funds.
3. The pool or spa is used by anyone other than the tenants, their family and friends (Open to the general public).
Q: What about Hotels?
A: Hotels are not considered housing since, among other reasons, they are rented out for short terms
and they MUST comply.
