Between March 15, 2011 and March 15, 2012, over 100,000 commercial swimming pools will be required to make their pools accessible to people with disabilities. Learn more about ADA swimming pool compliance and become a certified Swimming Pool Accessibility Specialist through the S.R.Smith FREE, online, on-demand Access Academy.

1. Access Academy

2. ADA Education Program Goals
Between March 15, 2011 and March 15, 2012
over 100,000 commercial swimming pools will
be required to make their pools accessible to
people with disabilities. The purpose of this
course is to educate pool industry professionals
on ADA and the relevant sections related to
swimming pools. Professionals that pass the test
will become a certified Swimming Pool
Accessibility Specialist.

3. ADA Education Overview
This course will focus on four key areas:
• Understanding ADA
• Who is/is not affected
• Swimming Pool Accessibility Requirements
• Maintenance and Enforcement

4. What is ADA
ADA is an acronym for the Americans with
Disabilities Act, which is civil rights legislation
that prohibits discrimination based on disability.

5. ADA Timeline
The original act was signed into law by President
George HW Bush on July 26, 1990. This passage
was the result of over 20 years of discussions
within congress on how best to provide a level
playing field for people with disabilities.

6. ADA Timeline
Once the law was signed, the task of defining exactly what
accessibility means, was given to a government department that
is usually referred to as the US Access Board. The Access Board is
comprised of architects, engineers, designers, and other
interested parties, who set standards that are designed to
remove barriers for people with disabilities.
Once the Access Board develops such standards, they are passed
along to the Department of Justice to be codified into law and
enforced.

7. ADA Timeline
In 1991, the first set of ADA regulations went into
effect. Elements affected by these regulations are now
part of the fabric of everyday life in the United States.
These regulations resulted in curb cuts, handicapped
parking places, accessible bath and hotel rooms,
ramps, and braille signage and wayfinding.

8. ADA Timeline
Almost immediately after the release of the 1991
regulations, the Access Board began to work on a
revision to these regulations which would include areas
not covered or addressed in the 1991 version.

9. ADA Timeline
Somewhere around 1995, the Access Board began
work on accessibility requirements for swimming pools.
After several revisions, much discussion, and thought,
in September, 2003, the Board released the Americans
with Disabilities Act Accessibility Guidelines for
Swimming Pools. This document is commonly referred
to as ADAAG 2004.

10. ADA Timeline
On July 26, 2010, the revision of the ADA was signed
into law. Coincidentally, this date was the twentieth
anniversary of the signing of the original ADA law. The
new regulations were published in the Federal Register
on September 15, 2010 and will go into effect on
March 15, 2011.
Full Compliance Required by March 15, 2012

11. Disability in America
There are 50 million
With Disability,
18%
people with disabilities
in the United States.
This equates to 18% of
Without our population, which
Disability, 82%
makes this our largest
minority group.
+50MM Americans are Disabled

12. Why ADA?
To protect this population, the ADA is designed
to prevent discrimination against a person based
on a disability. The goal is to provide a level
playing field, so that a person with a disability
can compete equally for jobs and also enjoy the
same benefits of living in the United States as a
person who is able-bodied.

13. Who is Affected?
Title II-Public
Title III-Private
Who is NOT Affected?
Private Residences
Apartments
Condominiums

14. Who is Affected
• The ADA is broken down into a number of sections or
“Titles.” The two sections that are of relevance to our
industry are Title II and Title III. Title II lays out
barrier removal regulations for state & local
government owned facilities, including parks &
recreation departments, state run schools or
universities, and the like.
• Title III addresses barrier removal for privately
owned public accommodations. These include
hotels, health clubs, private schools and community
centers

15. Who is NOT Affected
• To understand who is actually regulated by the
ADA, it may be easier to list the types of facilities
not covered. These include Private residences,
apartments, and condominiums.
• These types of facilities are regulated by the Fair
Housing Act. Under this act, common areas
within apartments and condominiums are
required to be barrier free. In the case of a
swimming pool, for example, the Fair Housing
Legislation will get a person up to the edge of a
pool, but will not help them get into the water.

16. Public Accommodations
In some cases, facilities, such as these, that
are not normally regulated by the ADA
may, in fact, fall under its jurisdiction if
they provide a public accommodation
within their facilities.

17. Public Accommodations
Examples
• If an apartment complex sells memberships to
their pool to people living outside their complex,
the pool would be considered a public
accommodation and be subject to ADA
regulations.
• If a condominium actively rented out their units,
similar to a hotel, this would also be considered a
public accommodation and subject to ADA
regulations

18. Public Accommodations
More Examples
• If a home owner’s association rents out their pools for
parties to people from outside their community, these
would also be subject to ADA regulations.
• Private clubs are normally excluded from ADA regulations,
however, the club must meet rigid criteria to qualify for
such an exemption. The membership must be very
restricted, and substantial fees must be charged. If the club
had very loose membership requirements and charged a
minor fee for membership, they would not be considered a
private club and would need to comply with ADA
regulations.

19. Safe Harbor
• With the revisions adopted in 2010, the
regulations do provide relief to entities who
made barrier removal modifications in line with
the 1991 guidelines.
• If an existing facility made such a modification
and the new regulations require a different type
of modification, the existing facility will not be
compelled to bring their facility up to the 2010
standards until that facility undergoes a
significant modification or renovation. This is
called a safe harbor,

20. Safe Harbor
• Elements that were not addressed in the 1991 standards but
are now addressed in the 2010 requirements, are not covered
by a Safe Harbor. Existing facilities that have such elements,
must make modifications to assure compliance with the new
regulations by March 15, 2012.
• In the case of swimming pools, there were no requirements
mentioned in the 1991 regulations. Therefore, there is no safe
harbor for swimming pools.
All existing pools must meet 2010 standards by March 15, 2012.

21. ADA Regulations for Swimming Pools

22. What Types of Aquatic Areas are
Affected?
The type of pool determines the type of access
required. ADA regulations affect the following:
• Swimming Pools
• Spas
• Wading Pools
• Aquatic Recreation Facilities (wave action pools,
leisure or lazy rivers, any type of pool where access to
the water is limited top one area)

23. Types of Aquatic Areas NOT Affected
• Beaches
• Lakes
• Rivers
• In addition, catch pools, or bodies of water
where a water slide or flume ride drops users
into the water, are not required to provide an
accessible means of entry or exit

24. Approved Means of Access
The newly adopted regulations
define five permitted means of
access for swimming pools.
• Lifts
• Sloped Entries
• Transfer Walls
• Transfer Systems
• Accessible Pool Stairs

25. Approved Means of Access
• Of these, only Swimming Pool Lifts and Sloped
entries are considered primary means of
access. A primary means of access is the only
type of swimming pool access that can be
used by itself.
• The other three types of access can only be
used in conjunction with either a sloped entry
or a swimming pool lift. This is why they are
called secondary means of access.

26. Swimming Pool Lifts
• Swimming Pool Lifts are
mechanical devices that are
used to transfer an individual in
and out of a swimming pool.
Lifts come in different shapes
and sizes and can be battery
powered or powered by water
pressure.
• Swimming pool lifts are the
most versatile and easily
retrofittable means of access for
pools.
• In order to insure consistency in
operational capabilities, the
new regulations provide specific
requirements for pool lifts.

27. ADA Compliance=Product + Installation
Requirement Pool Lift
Speci Speci
fic fic
Water depth at point of entry no more than 48” •
When over the deck, center line of seat is at least 16” from pool edge •
36x48” clear deck space on the side of the seat opposite the pool • •
Deck slope no greater than 1:48 •
Seat is 16-19” from the deck to the top of the seat surface •
Seat is at least 16” wide •
Footrests that move with the seat •
Optional arm rests are removable or fold clear to allow easy access •
User operable form both deck and water •
Seat submerges 18” below water line • •
300 pound lifting capacity •

28. Sloped Entry
• The second Primary Means of
Access is a sloped entry.
• Sloped entries must comply with
existing ADA regulations for
slopes located out of the water,
with the exception that the
surface need not be slip resistant
• Sloped entries require minimum
maintenance and are ideal for
facilities with a large group of
ambulatory users.
• A sloped entry can be a built-in
entryway, as illustrated in the
photo, or can be a removable
ramp. Whichever type of sloped
entry is used, it must follow the
prescribed specifications.

29. Sloped Entry
• A sloped entry must have a maximum of a 1:12 slope ratio. In other
words, a pool that is 4 feet deep would require a 48 foot long ramp.
• Ideally, the slope should extend into a water depth between 24 and 30
inches deep.
• The sloped entry must be a minimum of 36 inches wide.
• A slope that is over 30 feet long, must provide an intermediate landing
area that is a minimum of 5 feet long.
• In addition, a sloped entry must provide handrails on both sides. The
width between the handrails should be between 33 and 38 inches, and
the rails should be between 34 to 38 inches to the top of the gripping
surface.
• Handrails must comply with existing ADA regulations regarding
diameter, non-rotating, and height.

30. Sloped Entry Requirement Summary
• 1:12 Slope
• 24-30” Depth
• 36” wide entry
• Hand Rails on both
sides
• Provide landings if slope
is over 30’ long

31. Mobile Aquatic Chair
Facilities that use sloped
entries as their access
means are encouraged to
provide an aquatic chair
designed for access into
the water.

32. Secondary Means of Access
• Transfer Walls
• Accessible Stairs
• Transfer Systems

33. Transfer Walls
• Transfer walls allow someone to
transfer onto the top of the pool
wall from a wheelchair, then ease
themselves into the water.
• Transfer walls should be between
16 and 19 inches above the
ground and between 12 and 16
inches wide.
• There should be at least one grab
bar that extends the entire width
of the top of the pool wall.
• The surface of the top of the pool
wall should be smooth and have
rounded edges. Transfer walls are
commonly used in spas.

34. Accessible Stairs
• Accessible pool stairs
provide balance and
support for someone who
is entering the pool from
a standing position.
• Stairs are required to
have railings on both
sides that are between 20
and 24 inches wide.
• Accessible stairs are,
obviously, only suited to
ambulatory individuals.

35. Transfer System
• Accessible stairs are,
obviously, only suited to
ambulatory individuals.
• The person transfers
from the wheelchair to
the top of the system,
much the same way
they would use a
transfer wall. Then they
proceed to transfer up
or down the device.

36. Transfer System
• The height of the initial transfer platform must be
between 16-19 inches above the deck and the top
platform must be a minimum of 19 inches deep and 24
inches wide.
• The maximum height of the descending steps is 8 inches
and each step must be between 14 and 17 inches wide.
• The steps should extend into the water at least 18 inches
below the water surface.
• The surface of the steps should be smooth with rounded
edges.
• A grab bar must be provided on one side of the steps.
• There must be a 60x60” area of clear deck space.

37. Transfer System
• Here is an example of a
transfer system used
with a slide.
• This is a good example
of providing access to a
play feature in a pool.

38. Access Requirements
• For swimming pools, the number and type of required
access means corresponds to the size of the pool.
• For large pools, with over 300 linear feet of pool wall, at
least two means of access are required. One of these
means must be a primary means. The other can be any of
the five. It is suggested that different types of access
means be used to accommodate a wider variety of users,
but there is no regulation to prevent a facility from
having two pool lifts, for example.
• For smaller pools, with under 300 linear feet of pool wall,
at least one means of access must be provided and it
must be a primary means. If additional access points are
provided, they can be of any type.

39. Access Requirements Summary
• Pools >300 linear feet
– Two accessible means of entry
• Pools <300 linear feet
– One accessible means of access

40. Other Types of Water Facilities
Facility Type Access Requirement
Spas One: Lift (footrest not required),
transfer wall, transfer system
Wading Pools One: Sloped entry (handrails not
required)
Wave Action, lazy One: Lift, sloped entry, transfer system
rivers, etc.

41. Accessibility Compliance Matrix

42. Maintenance of Accessible Features
• In the Americans with Disabilities Act Accessibility
Guidelines, there is a “Maintenance of Accessible
Features” provision which states that a “public
accommodation shall maintain in operable working
condition those features of facilities and equipment
that are required to be readily accessible to and usable
by persons with disabilities.”
• This regulation insures that the pool will be accessible
at all times. It also creates an opportunity for dealers
with service departments to help their customers to
keep their pool lifts in proper working condition,
through programs such as annual maintenance
contracts.

43. Tax Credits
• One frequent complaint about the
barrier removal provisions of the ADA is
the associated cost. In order to ease the
financial burden on facilities that are
required to make modifications to meet
accessibility regulations, the
government provides tax credits in
certain circumstances.
• If a facility has annual revenues under 1
million dollars, OR has fewer than 30
full-time employees, it can receive a tax
credit up to $5,000 to help offset the
cost of accessibility modifications.
• The dredit amount is roughly one-half
of the actual expenditures, up to a limit
of $5,000.
• Although many smaller hotels will
exceed the revenue limit, they may
have fewer than 30 full-time employees
and may be eligible for the credit.

44. Enforcement
Enforcing the ADA is the responsibility of the Disability
Rights Section of the Department of Justice.
Enforcement can be either direct or indirect.
Direct enforcement occurs in a number of ways.
• Consumer complaints can be filed by an individual
directly with the DOJ.
• Private lawsuits can also be filed against offending
bodies
• Many such lawsuits are filed by disability advocates
who act as professional plaintiffs in order to compel
public accommodations to provide accessible facilities.

45. Enforcement
• Typically, if a facility is found to not be in compliance with
accessibility regulations, their penalty is to simply to
perform whatever modifications are necessary to meet
ADA regulations.
• Sometimes, however, in the case of a private lawsuit,
losing defendants are usually required to pay the
plaintiff’s legal fees. And, in some situations, the court
may assess a fine on the delinquent party.
• Indirect enforcement many times affects government
owned facilities, such as parks & recreation departments,
where the ADA is enforced by using compliance as a
requirement for receiving federal grants.

46. Other ADA Regulations
Besides the ADA, there are other agencies
who provide regulatory guidance on
accessible issues.
• The Fair Housing Act stipulates
regulations for apartments and
condominiums as we discussed
previously.
• Many states have accessibility
requirements tied into their state building
codes, such as in California.
• in addition, some local health or building
departments may also get involved with
such regulations and withhold
certificates of occupancy for new
construction, or for facilities undergoing
renovations if the facility does not meet
ADA standards.

47. Additional Resources
To learn more about ADA
Regulations and accessible
equipment see the
following resources:
• Department of Justice
Web Site: www.ada.gov
• SR Smith microsite:
www.poollifts.com