Overview on the Department of Justice’s Guidance Dated January 31, 2012 Regarding 2010 ADA Standards for Pool Accessibility

On January 31, 2012, the Department of Justice issued “guidance” intending to clarify requirements regarding accessible pools and their means of entry and exit. It is recommended that all parties involved with ADA Lift implementation read the full report and/or the five-page document in its entirety (http://www.ada.gov/pools_2010.htm). Below, we have highlighted portions of the document pertaining to pool lifts.

The 2010 Standards establish two categories of pools: large pools with more than 300 linear feet of pool wall and smaller pools with less than 300 linear feet of wall. Large pools must have two accessible means of entry; smaller pools are required to have one accessible means of entry.

Title II Facilities – Program Accessibility
Title II applies to state and local government programs, services, or activities and requires
that these entities have “program accessibility.”

• Program accessibility does not typically require that every pool be made accessible.
• A public entity determines which method it will use for meeting its program accessibility obligations.
• If a public entity chooses to acquire equipment (eg. a portable lift) the entity should select equipment that includes features required by the 2010 Standards, including independent operation by individuals with disabilities.
• Sharing accessible equipment between pools is not permitted, unless it would result in undue burdens to provide equipment at each one
• Accessible pool features must be available whenever the facility is open to the public.

Title III – Readily Achievable Barrier Removal
Title III requires places of public accommodation to remove physical barriers in existing pools to the extent that it is readily achievable. Readily Achievable is defined as “easily accomplishable and able to be carried out without much difficulty or expense."

• Removing barriers may involve installation of a fixed pool lift to the extent that it is readily achievable to do so. If installation of a fixed lift is not readily achievable, the public accomodation may then consider alternatives such as use of a portable pool lift that complies with the 2010 Standards.

Maintenance of Accessible Features and Staff Training
Accessible pool features must be maintained in operable, working condition whenever the pool is open. A portable pool lift may be stored when the pool is closed but it must be poolside and fully operable during open pool hours. Equipment may require staff support and maintenance and facilities should plan accordingly. Ongoing staff training is essential to ensure that accessible equipment and facilities are available whenever a pool is open. Staff training should include instruction on what accessible features are available, how to operate and maintain them, and any necessary safety considerations.

Spectrum Aquatics’ Portable Lifts
There is still debate on the DOJ’s interpretations of the Standards, particularly as it applies to fixed versus portable lifts. Ultimately, it is up to each individual facility to determine what is “readily achievable” for them when it comes to the removal of barriers (i.e., whether a fixed lift is required or a portable lift is acceptable). We recommend facilities check with the DOJ and their state and local code for site-specific recommendations.

In light of the new DOJ guidance, Spectrum Aquatics has engineered several solutions for affixing portable lifts to the deck. If you’ve purchased a portable lift from Spectrum Aquatics in the past, please contact us for a conversion kit.

If further questions on the Standards arise, please visit www.compliantpools.com or call us at 800.791.8056. In addition, the following organizations provide information on the Standards:

American Hotels & Lodging Association - www.ahla.com/government/

Department of Justice - www.ada.gov//

2010 Standards for Accessible Design - www.ada.gov/2010ADAstandards_index.htm

Revised ADA Requirements: Accessible Pools - Means of Entry and Exit - www.ada.gov/pools_2010.htm