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

INTRODUCTION

In 2010, the Department of Justice published updated regulations under the Americans with Disabilities Act (ADA). These regulations adopted the 2010 Standards for Accessible Design (2010 Standards), which, for the first time, contain specific accessibility requirements for a number of types of recreational facilities, including swimming pools, wading pools, and spas.

In January 2012, the Department issued guidance titled “ADA 2010 Revised Requirements: Accessible Pools—Accessible Means of Entry and Exit” to assist entities covered by Title III of the ADA, such as hotels and motels, health clubs, recreation centers, public country clubs, and other businesses that have swimming pools, wading pools, and spas, in understanding how the new requirements apply to them.

This Questions and Answers document provides answers to some common questions regarding requirements in the 2010 regulations and Standards as they apply to public accommodations with existing pools. While the document answers a large number of questions, one of our key goals is to emphasize the flexibility of the standards for existing swimming pools. Three points are especially important. The first is that in response to public comments, we have extended the compliance date until January 31, 2013. The second point is that under the ADA, there is no need to provide access to existing pools if doing so is not “readily achievable.” Providing access is not readily achievable if it would involve significant difficulty or expense. The third point is that the Department will not pursue enforcement of the fixed lift requirements against those who have purchased otherwise-compliant portable lifts before March 15, 2012 as long as they are kept in position for use at the pool and operational during all times that the pool is open to guests. In general, the Department plans to work collaboratively and constructively with all businesses that have questions about the meaning of the 2010 regulations and standards, with respect for their particular challenges, needs, and concerns, including the needs of small businesses that may be unfamiliar with the ADA.