ADA: New Swimming Pool and Spa Regulations
An upcoming March 15, 2012 deadline for the 2010 ADA Standards imposes on covered hoteliers and hospitality employers additional accessibility standards for newly constructed recreational facilities such as pools and spas built after March 15, 2012.
The new standards on access to such facilities require either adding a pool lift or renovating the swimming pool and spa entirely depending on the size of the pool:
· Pools less than 300 feet must have at least one means of access with either a sloped entry or a lift.
· Pools 300 feet or longer must have two means of access with the primary means of access either a sloped entry or a lift.
· A wading pool must have a sloped entry.
Specific requirements for pool lifts under the ADA 2010 Standards specify seat height and width, foot and arm rests, controls, lifting capacity and submerged depth.
The regulations on accessibility are similar for spas requiring at least one means of access through either a sloped entry or a lift.
For already existing pools & spas, access barriers must be removed only to the extent they are “readily achievable.” The ADA defines “readily achievable” “easily accomplishable and able to be carried out without much difficulty or expense.”
Failing to comply can be costly for the hotel owner and operator. Along with private lawsuit risks, the Department of Justice could seek to impose a $55,000 fine for the first violation and $110,000 for any subsequent violation.
By Don Benson
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