Questions and Answers: Accessibility Requirements for Existing Swimming Pools at Hotels and Other Public Accommodations

16. I think a lift poses a safety risk at an unattended pool. I also have heard that my insurance rates will increase if I have a lift in my unattended pool. Can I consider safety risks?

The ADA allows businesses to consider “legitimate safety requirements” in determining whether an action is readily achievable, as long as the requirements are based on actual risks and are necessary for the safe operation of the business. However, a “legitimate safety requirement” cannot be based on speculation or unsubstantiated generalizations about safety concerns or risks. We note that businesses cannot rely on limitations on coverage or insurance rates as a reason not to comply with the ADA.