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

OTHER QUESTIONS

12. What if I have two pools or a pool and a spa? Can I share a lift between pools?

In new construction, each pool or spa must provide accessible entry and exit. For existing pools, whether each pool or spa must have its own lift (or other accessible means of entry) depends on whether it is readily achievable. If it is not readily achievable for a business to provide a lift at each pool or spa, it does not mean the inaccessible pool or spa must be closed. In these circumstances, the business should make a plan to purchase and install a compliant pool lift or other accessible entry when it becomes readily achievable to do so.

Sharing non-fixed pool lifts between pools can pose safety risks to swimmers with disabilities because if a lift has been moved to another pool, a person with a disability might be unable to get out of the pool. Sharing lifts between pools also requires people with disabilities to rely on staff assistance to find, move, and set up the lift each time.

13. If I can’t provide a lift at every pool, do I have to close the one(s) that has no lift?

No. If it is not readily achievable to provide a lift at each pool, the inaccessible pool(s) may remain open.

14. Do I have to leave my pool lift out at poolside when my pool is closed?.

14. Do I have to leave my pool lift out at poolside when my pool is closed?

No. Pool lifts are required to be available only when the pool is open and available to the public. If a pool is closed during the winter months or at night, the public accommodation is free to remove the lift from the pool and store it.

15. Can I store my lift and bring it out only when it is requested by a person with a disability?

No. A pool lift must remain in place and be operational during all times that the pool is open to guests. The ADA and its implementing regulations require equal and independent access for people with disabilities for all covered facilities (not just pools). Allowing covered entities to store lifts and only take them out on request places unnecessary additional burdens on people with disabilities. People with disabilities have long faced the challenges of dealing with portable accessibility features – e.g., staff are unavailable or too busy to help locate and set up the equipment, the equipment is missing, the equipment isn’t maintained, or staff do not know how to safely set up the equipment. In addition, the ADA Standards specify that a lift must be located at the proper water depth and with the necessary space around it to maneuver a wheelchair. Moving a portable lift around raises the likelihood that the lift will be improperly located, making it difficult or dangerous to use.

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.

17. I’ve provided a pool lift. Do I have any further legal obligations?

Once an accessible means of entry to a pool, such as your lift, has been provided, it needs to remain available and in working condition while the pool is open to the public. Staff should also be trained so they will know how the lift works, where it is located, and how to operate and maintain it. For example, a pool lift that operates on batteries may need to be recharged periodically. To be sure that lift remains operable, staff should know how to charge the battery and be assigned to perform the task as necessary.