Did you know recently a federal mandate was passed regarding public pools and their requirement to meet the American Disabilities Act? The mandate passed in September 2010 and will require over the next 18 months all public bodies of water to become ADA compliant. That means most commercial pools will need a Pool Lift. You can review the actual mandate by visiting www.ada.gov and clicking on the Revised ADA Regulations Implementing Tile II and Title III link.
ALL PUBLIC POOLS MUST BE IN COMPLIANCE BY 3/15/2012
Information regarding the new ADA law & how it relates to pool lifts:
What is ADA? The Americans with Disabilities Act (ADA) is a wide-ranging civil rights law that prohibits discrimination based on disability. Enforcement of ADA laws are carried out by the Department of Justice (DOJ).
Which parts of ADA are relevant for public bodies of water? Title III (Private Industry) Title III prohibits disability discrimination by any place of public accommodation (commercial facilities). Examples of Title III entities would be: Lodging, Recreations, Education, Transportation, Etc.
Title II (Public Industry) Title II prohibits disability discrimination by all public entities at the local and state levels. Examples of Title II entities would be: School Districts, Municipalities, Cities, and Counties.
What are the specific requirements for bodies of water? Both Title II and III entities are required to provide “accessible means of entry for all bodies of water”. Bodies of water 300 linear feet and under are required to provide 1 means of access of which must be a primary means (Lift or Sloped Entry). Bodies of water greater than 300 linear feet are required to provide 2 means of access. One must be a primary and the second can be any of the five approved means of access. Wave pools, lazy rivers, sand bottom pools, and other pools where user access is limited to one area shall not be required to provide more than one accessible means of entry provided that the accessible means of entry is a pool lift.
What are the 5 approved means of access? Pool lifts and sloped entries (ramps) are the two primary means of access for bodies of water. The approved secondary means of access are Transfer walls, Transfer Systems and Stairs. Pool lifts and sloped entries may also be used to meet secondary means of access requirements on lager bodies of water.
Are there service requirements for ADA equipment? Yes, there is a “Maintenance of Accessible Features” provision which states that “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.” In simple terms, you must maintain your accessibility equipment in an operable manor be it a lift, transfer systems etc.
Where can I learn more about swimming pool accessibility? Visit www.poollifts.com and register for accessibility updates or visit www.ADA.gov.
Who should I call if I have questions about the law or construction?
For questions related to the law and who is affected please contact the Department of Justice at (800) 514-0301
For construction related questions contact the Access Board at (800) 872-2253
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