![]() In addition, the business may provide a non-fixed lift that otherwise complies with the requirements in the 2010 Standards if doing so is readily achievable and if full compliance is not. If no fully compliant lift is readily achievable for the business, the business is not obligated to provide a fully compliant lift until doing so becomes readily achievable. Therefore, if a business can provide a fixed lift that meets all of the 2010 Standards’ requirements without much difficulty or expense, the business must provide one. The 2010 Standards for pool lifts require lifts to be fixed and to meet additional requirements for location, size of the seat, lifting capacity, and clear floor space. However, owners of existing pools need to comply with the 2010 Standards only to the extent that doing so is readily achievable for them. ![]() (See Question 2 for the 2010 Standards requirements for pools). The 2010 Standards provide the benchmark, or goal, for accessibility in existing pools. Readily achievable means that providing access is easily accomplishable without much difficulty or expense. The ADA requires businesses to make existing pools accessible only when it is “readily achievable” to do so. See sections 242.3 and 242.4 of the 2010 Standards. New or altered spas must have at least one accessible means of entry, which may be a transfer wall, a transfer system, or a pool lift. The 2010 Standards require that new or altered wading pools have a sloped entry. A copy of the 2010 ADA Standards is available at. Specifically, section 1009 addresses the location, size of the seat, lifting capacity, and clear floor space required for fixed pool lifts, as well as the requirements for sloped entries, transfer walls, transfer systems, and pool stairs. The 2010 Standards also provide details about what features an accessible means of entry or exit should have. Small pools (pools with less than 300 linear feet of pool wall) must provide at least one accessible means of entry/exit, which must be either a fixed pool lift or a sloped entry. One means of entry/exit must be a fixed pool lift or sloped entry the other entry can be a transfer wall, transfer system, or pool stairs. Section 242 provides that large pools (pools with 300 linear feet of pool wall or more) must have two accessible means of entry and exit. The 2010 Standards explain whether a newly constructed or altered pool needs to have one or two accessible means of entry and exit. However, full compliance may not be required in existing facilities (see question 4). įor existing swimming pools built before the effective date of the new rule, the 2010 Standards provide the guide for achieving accessibility. The Standards also provide technical specifications for when a means of entry is accessible, such as, for pool lifts, the location, size of the seat, lifting capacity, and clear floor space. The 2010 Standards require that newly constructed or altered swimming pools, wading pools, and spas have an accessible way for people with disabilities to enter and exit the pool. In addition, Title III requires businesses to remove accessibility barriers in existing facilities when doing so is readily achievable. ![]() Title III requires newly constructed and altered business facilities to be fully accessible to people with disabilities, applying the ADA Standards for Accessible Design. Title III of the ADA prohibits discrimination on the basis of disability by places of public accommodation, including many private businesses. In general, the Department plans to work collaboratively and constructively with all businesses that have questions about the meaning of the 2010 regulations and standards, with respect for their particular challenges, needs, and concerns, including the needs of small businesses that may be unfamiliar with the ADA. The third point is that the Department will not pursue enforcement of the fixed lift requirements against those who have purchased otherwise-compliant portable lifts before Maas long as they are kept in position for use at the pool and operational during all times that the pool is open to guests. The second point is that under the ADA, there is no need to provide access to existing pools if doing so is not “readily achievable.” Providing access is not readily achievable if it would involve significant difficulty or expense. ![]() The first is that in response to public comments, we have extended the compliance date until January 31, 2013. While the document answers a large number of questions, one of our key goals is to emphasize the flexibility of the standards for existing swimming pools. This Questions and Answers document provides answers to some common questions regarding requirements in the 2010 regulations and Standards as they apply to public accommodations with existing pools. ![]()
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