(ALEXANDRIA, VA)—The Association of Pool & Spa Professionals (APSP) released the following statement today regarding the March 15, 2012 compliance deadline for accessible pools and spas. The statement can be attributed to Jennifer Hatfield, APSP director of government relations.
“The Association of Pool & Spa Professionals (APSP) reminds its members and other members of the aquatic community of the March 15, 2012 compliance deadline for accessible pools and spas. The 2010 Accessibility Standards, adopted by the Department of Justice (DOJ), the federal agency charged with enforcing The Americans with Disabilities Act (ADA), require that pools and spas provide accessible means of entry for individuals with disabilities.
Pools at facilities in school districts, municipalities, cities, counties, commercial facilities and hotels are affected. The requirements apply to all facilities constructed or renovated on or after March 15, 2012. Existing facilities must be brought into compliance as of this date to the extent it is readily achievable to do so. Pools with less than 300 linear feet must have at least one means of access, which may either be a sloped entry or pool lift. Larger pools must add a second means.
If compliance is not readily achievable as of the effective date (due to excessive cost, lack of resources or product unavailability) facilities in this situation are advised to have a written “barrier removal” plan in place documenting its efforts. A pool is not required to close due to lack of accessibility accommodations. Additionally, the written plan would insulate a facility against potential fines or other legal actions.
Assistant Attorney General Thomas E. Perez stated in a recent letter to the American Hotel Lodging Association, “The regulation provides such entities flexibility to evaluate whether and how to remove architectural barriers to access, and to take only those actions that are ‘readily achievable.’” Therefore we do not anticipate that these requirements would result in the closing of public pools.
The DOJ’s January 31, 2012 Technical Assistance Document states that where a pool lift is used, it must be fixed to the deck, unless it is not readily achievable for the facility to do so, in which case a facility may employ a portable lift. Mr. Perez reiterates this in his letter, stating “…although the ADA Standards provide the benchmark for barrier removal at existing facilities, portable lifts can be used at existing pools if affixing a portable lift or installing a fixed lift is not readily achievable. Should it become readily achievable to affix a portable lift to the pool deck at a future time, we would expect that the entity would take steps to do that as a part of its ongoing barrier removal obligation.” The Technical Assistance Document also states that the lift should be present at all times that the pool or spa is open to the public. The APSP continues to work with the DOJ to advance our position that all pool lifts should be accepted, as long as they meet the ADA’s 2010 Accessibility Standards.
The APSP has and continues to support the Accessibility Standards and the goal of ensuring access by persons with disabilities to pools and spas. For over a year, APSP has provided information and education to prepare industry professionals and facilities to meet the compliance deadline. Online tools such as a frequently asked questions document and a webinar, “Obligations and Opportunities Under the 2010 ADA Regulations,” located at APSP.org/ADA, have provided in-depth information about which types of pools are affected by this law.
For more information about the ADA as it relates to pools and spas, visit APSP.org/ADA or ADA.gov.”
