ADA Americans with Disabilities Act for swimming pools and spas
What is the ADA?
The ADA stands for the “Americans with Disabilities Act” and is a Federal Civil Right Law that prohibits discrimination against people with disabilities. The law is made up of 5 sections called “Titles” as well as construction design standards that indicate how facilities need to be built and/or modified in order to make them “readily accessible to and useable by persons with disabilities”.
What pools and spas must be compliant?
The law requires that any pool or spa that is open to the public at any time, receives government funding, receives revenue from the pool or spa such as membership dues and rental or usage fees or at a public accommodation or commercial facility.
Do all existing pools at a facility need to be compliant? (Section 242.2)
Typically, yes. Each body of water is looked at independently and should be considered to be made compliant should the modifications be readily achievable. Pools 300 perimeter feet in size and smaller require one (1) form of approved access. Pools greater than 200 perimeter feet require two (2) forms of approved access, one of which needs to be primary form.
Do spas have to be made accessible? (Section 242.4)
Yes. If spas are in groups or clusters, no more than 5% or no less than 1 needs to be made complaint.
Do catch pools need to comply? (Section 242.3)
No. As long as the catch pool has an accessible route on at least one side of the pool.
Do raised Diving Boards and Diving Platforms need to comply? (Section 203.14)
No. Raised diving board and platforms are exempt and do not need to be on an accessible route.
Do water slides need to be accessible?
No. water slides are also exempt and do not need an accessible route.
Is there a “grandfathering” clause that will allow me to avoid making my pool or spa compliant?
The “Safe Harbor” clause in the ADA does not apply to swimming pools and spas since they were not part of the original ADA design standards issued in 1991.
When does the new law take effect?
The new requirements for new and remodel construction are already in effect. Requirements to bring existing facilities up to date take effect January 31st, 2013.
Tax Credits and Deductions to help you comply: Eligible small small business may take a credit of up to $5,000.00 to offset their costs for access. Business of all sizes can take a business expense deduction of up to $15,000.00 per year for costs of removing barriers in their facilities.
Call Eco Tech Pool Service today for your free site survey.