American Disabilities Act - Requirements March 15, 2012

On Friday, July 23, 2010, Attorney General Eric Holder signed a new ADA regulation into law - ADA Standards for Accessible Design. The law will take effect March 15, 2011. A grace period is given (until March 15, 2012) to come into compliance with the 2010 Standards for Accessible Design. 

The Americans with Disabilities Act (ADA) is a civil rights law that prohibits discrimination on the basis of disability. ADA guidelines provide specifications to ensure that individuals with disabilities are generally able to access swimming pools and spas and use a variety of features of the facility. The guidelines are the minimum level of accessibility required and are encouraged to be exceeded where possible to increase opportunities. 


On September 15, 2010, the Final Rule for the Accessible Design for Recreational Facilities, including public poos and spas, was published in the Federal Register. These standards will become the law of the land on March 15, 2011, and compliance is required by March 15, 2012. Compliance with the Standards for Accessible Design for pools and spas will be required for pools and spas that serve the public. 


According to the Department of Justice,  Homeowners Associations MUST Comply.


This information has been verified with Roger Roth, City of Tulsa Health Department.


Pools over 300 linear feet are required to have two lifts. Pools greater than 300 feet will need two means of assisted entrance. For those pools requiring two assisted entries, a transfer wall, transfer system or stairs will be necessary in addition to a pool lift or sloped entrance.




Note: Sling lifts do NOT meet the requirements despite many advertising claims to the contrary. To be certain one is investing in accessibility products that comply, a careful reading of the pertinent documents at  www.ada.gov Title II  is advised.




The regulation provides detailed specifications for the pool lifts and slopes. The main requirements of pool lifts are that the user must be able to operate it independently and it must provide foot rests. Sloped entries must have handrails. Sloped entries must be in compliance with all ADA specifications. The regulation specifies detailed requirements for secondary means of entry as well. 


 Facilities that use sloped entries are encouraged to provide an aquatic wheelchair designed for access into the water. The reason for this is that, in most cases, it is not appropriate to submerge personal wheelchairs and mobility devices in water. Some have batteries, motors, and electrical systems that can be damaged or contaminate the pool.Persons transfer to the aquatic wheelchair and access the water using it, leaving their personal mobility device on the deck. Operators and facility managers may need to consider storage options for personal mobility devices if deck space is limited.






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WADING POOLS:


THERE HAS BEEN MUCH CONFUSION OVER WADING POOLS SO WE WENT RIGHT TO THE DEPARTMENT OF JUSTICE  TO VERIFY THIS: The regulation affects swimming pools, spas, wading pools, and aquatic recreational facilities.  Wading pools (i.e. shallow pool for children)  need a lift, sloped entry, transfer wall or transfer system.  

242.3 Wading Pools. At least one accessible means of entry shall be provided for wading pools. Accessible means of entry shall comply with sloped entries complying with 1009.3. 








Lifts must:

• be able to lift at least 300 pounds, and have a rigid seat and a footrest. 
• Your pool must provide an accessible route to the handicapped access point. (a transfer wall, transfer system or stairs will be necessary in addition to a pool lift or sloped entrance as required for those pools requiring two assisted entries.) The deck slope no more than 1 inch for every 48 inches of deck space. (your contractor or project manager will need to make sure this is done.)
• seat's center line should also be no closer than 16 inches to the pool.
• The pool lift must not be located in water deeper than 48 inches (121.9 cm), (Your contractor can determine exactly where to put these.)
• When raised, the center of the lift seat must be located over the pool deck 16 inches (40.6 cm) from the edge of the pool to give individuals enough space to move safely from lift to pool and pool to lift. (Your contractor can determine exactly where to put these.)
• The deck space between the center of the seat and pool's edge must not exceed a slope of 1:48 to ensure wheelchairs and walkers do not roll away. (Your contractor can determine exactly where to put these.)
• The deck space on the side of the lift opposite the pool must be a minimum of 36 inches (91.4 cm) wide and extend at least 48 inches (121.9 cm) from a line 12 inches (30.5 cm) behind the back of the lift seat to ensure enough room for safe wheelchair transfer.  This deck space must be parallel with the seat and again, have a slope no steeper than 1:48.  (Your contractor can determine exactly where to put these.)
• the height of the pool lift seat (from the deck to the top of the raised seat surface) must allow a stop at 16 inches (40.6 cm) minimum and 19 inches (48.3 cm) maximum to accommodate the needs of both adults and children in a standard wheelchair. (Your contractor can determine exactly where to put these.)
• Lifts must have a solid seat and footrests.  Sling styles are no longer compliant. Lifts in swimming pools shall have footrests that move with the seat, but footrests are not mandatory for lifts used in spas.
• Any armrest on the side of the pool lift opposite the water must be removable or able to fold out of the way to make sure transfer from wheelchair to lift and back is easy.
• Lifts shall be capable of being operated from the deck and from the water at all times, (this is why the lifts must have a back up battery for each. Liability is huge should someone get stuck in a pool.) and operating devices must be unobstructed when the lift is in use to ensure swimmers are not stranded in the pool and multiple individuals may use the lift in a single swimming session.
• Manual rotating and hand-crank lift operators are no longer compliant and should be replaced.
• Pool lift seats must be a minimum of 16 inches (40.6 cm) wide. The seat of a swimming pool lift must be able to submerge to a minimum of 18 inches (45.7 cm) below the stationary water level to ensure that natural buoyancy aids in getting an individual from the lift to the water.
• Single person pool lifts are required to have a minimum weight capacity of 300 pounds (136 kg) and be able to sustain a static load of at least one and a half times the rated load. This regulation guarantees that lifts can accommodate a majority of the population. 
• Standby power is required to be provided for lifts. 

To view the complete list, visit  www.ada.gov Title II




Purchasing a maintenance agreement is recommended.

http://www.contractors.com/articles.remodel-accommodate-a-disability-directory.filter4.html

Your project manager/contractor/engineer/electrician should obtain proper permits and have it inspected  after it is in place.  Note: the electrical work may not be included in a bid from your pool company. Be sure to contact a licensed electrician.


CLICK BELOW TO READ COMMENTS. WE APPRECIATE THOSE WHO ARE COMMENTING TO HELP US ALL UNDERSTAND THIS.  






The regulation defines 5 permitted means of entry to the pool: Primary - lifts and sloped entries and secondary - transfer walls, transfer systems, and accessible pool stairs. The only mean of entry that can be used on its own without any other means of entry, is a sloped ramp.




 Swimming Pools. At least two accessible means of entry shall be provided for swimming pools. Accessible means of entry shall be swimming pool lifts complying with 1009.2; sloped entries complying with 1009.3; transfer walls complying with 1009.4; transfer systems complying with 1009.5; and pool stairs complying with 1009.6. At least one accessible means of entry provided shall comply with 1009.2 or 1009.3.

Tulsa, OK

Burning Tree Master Association Homeowners Pool HOA