Pool Accessibility Rules
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NAA/NMHC Guidance
The Revised ADA Regulations and Pool Accessibility
On September 15, 2010, the Department of Justice (DOJ) published revised regulations for Title II and Title III of the Americans with Disabilities Act (ADA). Title II covers state and local government facilities and services. Title III, which addresses public accommodations and commercial facilities, has limited applicability in the apartment context. Among other things, the revisions include a new accessibility standard for swimming pools, which is reviewed in this guidance document.
Q. What is a public accommodation? What are the compliance obligations for apartment firms under Title III?
A. Generally, public accommodations are services and facilities open to the public and whose operations affect commerce. As such, the ADA requires covered entities to enable full use and equal enjoyment of these services and facilities by person with disabilities. Areas within an apartment property that are not limited exclusively to residents, owners and their guests would be considered a public accommodation. These typically include the rental or leasing office, parking lots, sidewalks, and any other areas made available to the public. Specific ADA design standards (ADAAG-1991) have been in place for these areas since 1991. (For more information on the 2010 Standards for Accessible Design, visit http://bit.ly/dYTic0.)
Apartment property swimming pools do not generally for the category of public accommodations if they are for the exclusive use of residents and their guests. If, however, the pool is opened to the public, e.g. if memberships are sold to non-residents, then it becomes a public accommodation and triggers the same compliance obligations as of a public swimming pool.
Q. What are the compliance requirements for pools open to the public?
A. All covered pools must provide an accessible means of entry and exit. Such accessible means include a pool lift or sloped entry, and either a transfer wall, transfer system, or pool stairs. The type of and number of means of access depends on the size and type of structure, i.e. pool, spa, wading pool, etc. The following chart highlights the requirements:
Swimming Pools: Large pools (300 or more linear feet of pool wall) must have a minimum of two accessible means on entry. Pools walls at diving areas and in areas where swimmers cannot enter because of landscaping or adjacent structures are still counted as part of the pool’s total linear feet. The primary means of entry must be either a sloped entry into the water or a pool lift that is capable of being independently operated by a person with a disability. The secondary means of entry could be a pool lift, sloped entry, transfer wall, transfer system, or pool stairs.
Pools with less than 300 linear feet of pool wall are only required to provide one accessible
means of entry, which must be either a pool lift or a sloped entry.
Aquatic Recreation Fitness: Wave-action pools, leisure rivers, sand bottom pools, and other pools where access to the water is limited to one area and where everyone gets in and out at the same place must provide at least one accessible means of entry, no matter how many linear feet of pool wall is provided. The accessible means of entry can be either a pool lift, sloped entry, or transfer system.
Catch Pools: A catch pool is a body of water where water slide flumes drop users into the water. An accessible means of entry or exit is not required into catch pools; however, an accessible route must connect to the edge of the catch pool.
Wading Pools: A wading pool is a shallow pool designed for wading. These pools must provide at least one sloped entry into the deepest part. Other forms of entry may be provided as long as a sloped entry is provided. The sloped entries for wading pools are not required to have handrails.
Spas: Spas must provide at least one accessible mean of entry, which can be a pool lift, transfer wall, or transfer system. If spas are provided in a cluster, five percent of the total – or at least one spa – must be accessible. If there is more than one cluster, one spa or five percent per cluster must be accessible.
Q. When do I have to make modifications?
A. Existing swimming pools and spas must be modified to comply with 2010 standards no later than March 12, 2012. For new construction, the 2010 standards should be followed. Most of the ADA requirements for public accommodations are only triggered when making alterations to existing facilities. However, the swimming pool accessibility requirements are considered supplemental requirements and thus required to be modified on all pools by March, 12, 2012.
Q. Is there any financial assistance for businesses making the required modification?
A. There may be tax benefits available to businesses for costs of making the modifications. More information is available at www.ada.gov/taxincent.pdf.
The information discussed in this document is general in nature and is not intended to be legal advice.
It is intended to assist owners and managers in understanding this issue area, but it may not apply to the specific fact circumstances or business situations of all owners and managers. For specific legal advice, consult your attorney.