ADA-Act

ADA Compliance Act

Please click here for ADA Frequently Asked Questions.

 

Title II outlines regulations for any public entity.A public entity is any activity, service, program or facility owned by any governmental agency.Title III regulates places of public accommodation, commercial facilities and private companies that offer courses and examinations related to educational and occupational certification

The ADA does not affect any type of residential dwelling, such as a private residence, an apartment complex, a condominium, or a homeowner’s association.However, if any of these residential facilities operate an element of public accommodation within their premises, these elements would be subject to ADA regulations.Some examples are:

  • Selling of memberships to their swimming facilities
  • Swimming Pool used for competitions that are open to competitors from outside the association
  • Renting of units when owners are absent
  • Vacation timeshare that operates as a hotel

If any residential entity strictly limits use of their facilities to residents and their guests, they would not be subject to ADA regulations. Although residential facilities are not required to comply with ADA regulations for swimming pools, they must comply with the Fair Housing ACT. Under this legislation, a privately owned residential community must provide a barrier fee pathway up the ht edge of a pool.In additions, they cannot prevent a resident from using their own apparatus to gain access to the pool, providing it does not profit a hazard for other resident.

Private clubs are also excluded from ADA regulations in some cases.Final determination would be based on the control of operations, membership requirements, and the amount of fees involved.Operations that have a limited or no membership requirement and minimum dues charges do not fall under the private club exclusion.If a private club limit use of their facilities strictly to members and their guests, then the club would not be subject to ADA regulations.

 

Getting Started:

  • If pool has more than 300 linear feet of swimming pool wall there must be at least two means of entry.
  • Wave action pools, leisure rivers, sand bottom pools, and other pools where user access is limited to one area shall not be required to provide more than one accessible means of entry provided that the accessible means of entry is a swimming pool lift complying with 1009.2, a sloped entry complying with 1009.3, or a transfer system complying with 1009.5.
  • Catch pools shall not be required to provide an accessible means of entry provided that the catch pool edge is on an accessible route.
  • Wading Pools, at least on accessible means of entry shall be provided for wading pools.Accessible means of entry shall comply with sloped entries complying with 1009.3.
  • Spas, at least one accessible means of entry shall be provided for spas.Accessible means of entry shall comply with swimming pool lifts complying with 1009.2; transfer walls complying with 1009.4; or transfers systems complying with 1009.54.

 

For more information, please visit the following links:

ADA Exceptions (section 242)

Clear Deck Space Requirements (section 1009)

Revised ADA Regulations Implementing Title II and Title III

ADA Guidelines

ADA 2010 Revised Requirements - Accessible Pools, Means of Entry and Exit

 

There are a limited number of exceptions to the requirements. One applies to multiple spas provided in a cluster. A second applies to wave pools, lazy rivers, sand bottom pools, and other pools that have only one point of entry. For more information on the specific requirements and exceptions, see sections 242 and 1009 of the 2010 Standards

Please contact your sales representative or Aqua Pure to see if you meet the requirements, to schedule an appointment, or to inquire about ADA compliant chair lifts and other ADA compliant access points available.

 

Pool Type Sloped Entry Lift Transfer Walls Transfer Systems Stairs
Swimming Pools with less than 300 Lineal Feet of Pool Wall X X      
Swimming Pools - 300 or more Lineal Feet of Pool Wall - 2 means of entry required X* X* X X X
Wave Action, Leisure River, Other Pools where User Entry is Limited to 1 Area X X   X  
Wading Pools X        
Spas   X X X  

* = MUST have at least one of these as the primary