ADA Laws Effective March 15, 2011!
NOW EXTENDED TO January 31st, 2013
ADA Alert: Is your pool, spa and fitness facility compliant with ADA Regulations?
If you think your property is "grandfathered", then you are wrong! No property will be "grandfathered" -- even if built prior to 1990, when the Americans with Disabilities Act (ADA) was implemented. Based on the 2010 Regulations, all "Public Accommodations," including "Places of Lodging" (hotels, resorts, most timeshares, etc.), must bring certain elements of their facilities into compliance with the 2010 ADA Standards as of March 15, 2012.
• No one is exempt.
• There is no safe harbor.
• The ADA's "readily achievable" standard will apply.
Hopefully, you are already working on bringing your swimming pools, wading pools and spas, golf facilities, fitness facilities, steam rooms, and saunas (and more) into compliance with the 2010 Standards for Accessible Design (specifically the 2010 Standards for Public Accommodations and Commercial Facilities: Title III), which were adopted by the Department of Justice on September 15, 2010 as part of the revised Regulations of the Americans with Disabilities Act ("ADA"). Compliance with the 2010 Standards become mandatory for certain properties and certain elements of all properties as of March 15, 2012. For more information, go to the Hotel Law Blog, published by JMBM's Global Hospitality Group® and read ADA Defense Lawyer: New ADA regulations kick in soon. Say goodbye to "grandfathering" under the ADA.
Answers to your most asked ADA questions.
Q: Does my pool need a pool lift?
A: Any commercial pool under 300 feet must have a sloped entry or pool lift. Any commercial pool 300 linear feet or more need two forms of access, one of which must be a pool lift or sloped entry.
Q: What is a commercial pool?
A: Any pool that falls under Title II of the ADA, (Public entities, such as Municipal Pools), or Title III of the ADA, (Places of public accommodation, such as a hotel or fitness center pool).
Q: Does my spa, wave action pool, leisure river, wading pool or sand bottom pool need a pool lift?
A: Yes. They all need one access point. A wading pool must have a sloped entry. A spa must have a pool lift, transfer wall or transfer system.
Q: I have multiple pools do they all need a access point?
A: If your pools serve different purposes such as a lap pool, spa and a leisure pool then each requires a form of access. If they are in close proximity a Revolution™ Lift may be able to serve multiple bodies of water. The Patriot Portable™ Lift might also be a good solution for multiple bodies of water.
Q: How do I know if my pool lift is ADA compliant?
A: Some basic items to check your lift include:
1) Lifting capacity of at least 300 lbs
2) A footrest must accompany the seat into the water (exception: for spas)
-A rigid seat is advised but not required
3) A manually cranked or manually rotated lift is NOT ADA compliant.
- In order to be ADA compliant the patron must be able to operate the lift without assistance.
- Already have a 6 inch anchor installed? Check out The Scout Lift™ as a possible solution.
Additional ADA resources:
Accessibility Development Associates, Inc.: http://www.adaconsults.com/
The Access Board: http://www.access-board.gov/
The ADA: http://www.ada.gov/
The National Network of ADA Centers: http://www.adata.org/