FAQs: Pools, Wading Pools, and Spas

Importan Notice

On March 15, 2012 The U.S. Department of Justice issued a 60-day extension of compliance date for existing pools.
60 Day extention of compliance for Public Accommodations and Commercial Facilities; Swimming Pools opens a new window

U.S. Department of Justice's:
Revised ADA Requirements: Accessible Pools - Means of Entry and Exit opens a new window
Revised ADA Requirements: Accessible Pools - Means of Entry and Exit

Letter to the American Hotel and Lodging Association regarding accessible entry and exit for swimming pools and spas Link opens a new window
Letter to the American Hotel and Lodging Association regarding accessible entry and exit for swimming pools and spas

What’s new in the ADA in regards to pools, wading pools, and spas?

The US Department of Justice adopted the 2010 ADA Standards for Accessible Design, which establish standards for a variety of recreational facilities including swimming pools, wading pools, and spas.

Who is required to comply?

State and local governments (also called “public entities”) covered by title II of the ADA
Private businesses and non-profit service providers that are open to the general public (also known as “public accommodations”) covered by title III of the ADA

Bona fide private clubs and private residential communities are subject to the ADA title III requirements ONLY IF they are open to the general public. For example, a private condominium association has a swimming pool which is available for the use of residents and residents' guests. Typically, such facilities are not covered by the ADA. However, the association also sells pool memberships to the general public. This activity triggers obligations under the ADA, and the association must address accessibility to the pool, as well as any related areas used by the general public (e.g. public parking, public restrooms at the pool).

When do the 2010 ADA Standards become effective?

Compliance with the 2010 ADA Standards will be mandatory for new construction and alterations on March 15, 2012. Additionally, the new Standards will serve as the benchmark to assess the need for barrier removal or structural improvements to achieve program access in existing facilities.

From this date, until March 15, 2012, if a title II or title III entity undertakes new construction or alterations, it may choose either the 1991 Standards or the 2010 Standards. Title II entities may also choose to use the Uniform Federal Accessibility Standards (UFAS).
An entity must use a chosen Standard for all elements in an entire facility. For example, an entity cannot follow the more lenient specifications related to toilet room design in the 1991 Standards and the more flexible specifications for handrails in the 2010 Standards.

Note: Title II and title III have no effect on any state or local laws that provide protection for individuals with disabilities at a level greater than or equal to that provided by the ADA. Compliance with less stringent state or local laws, however, does not constitute compliance with the ADA.

How are public entities required to comply if an existing pool, wading pool, or spa is NOT undergoing alterations?

From this date, until March 15, 2012, title II entities have the option of choosing to follow the 1991 Standards, the UFAS, or the 2010 Standards when making architectural changes to provide access to programs that are offered in existing facilities. Note: The 1991 Standards and UFAS do not include technical or scoping requirements for pools.
On or after March 15, 2012 public entities must consider the supplemental requirements for swimming pools in the 2010 Standards to assess “program accessibility.”

How are public accommodations required to comply if an existing pool, wading pool, or spa is NOT undergoing alterations?

From this date, until March 15, 2012, if an element in a public accommodation does not comply with the 1991 Standards, the element must be modified to the extent that is “readily achievable,” using either the 1991 Standards or the 2010 Standards (check out "Existing Buildings" in our Facility / Building Access section to learn more).
The 1991 Standards do not include technical or scoping requirements for pools, wading pools, or spas; entities that choose to follow the 1991 Standards now will have to comply with the supplemental requirements in the 2010 Standards on or after March 15, 2012, to the extent that is readily achievable.

Where can the 2010 ADA Standards be found?

The 2010 ADA Standards can be accessed at the US Department of Justice’s ADA website. The Standards include scoping provision for pools and spas in section 242 and technical specifications for pools and spas in section 1009 .

The Access Board has also published a user-friendly guide called "Swimming Pools and Spas" that offers helpful information about access to these facilities.

What happens if covered entities fail to remove accessibility barriers when it is readily achievable, or fail to ensure access to programs?

The ADA establishes avenues for enforcement of the requirements of title II and title III.

Private lawsuits by individuals who are being subjected to discrimination or who have reasonable grounds for believing that they are about to be subjected to discrimination.
The Department of Justice investigates complaints and conducts compliance reviews of covered entities. The Department may resolve complaints through its ADA Mediation Program, or may file lawsuits whenever it has reasonable cause to believe that there is a pattern or practice of discrimination, or discrimination that raises an issue of general public importance.

Are there any tax incentives or credits available for making existing pools accessible?

Yes, please check out:
Tax Incentives
Tax Incentives

Still have questions?

Feel free to contact us.