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TITLE II AND TITLE III

OF THE ADA

NEW REGULATIONS FOR POOLS

Contact: Robert S. Fine, Esq., AIA Shareholder May 1, 2012

What is the ADA?

The ADA is the acronym for the Americans

with Disabilities Act of 1990 as amended in

2008.

What does the ADA do?

The ADA provides protections for persons

with disabilities from being discriminated

against based on their disability. The

mandate of the ADA is to provide “equal

access,” not necessarily affirmative access

or action.

What constitutes a disability under the

ADA?

Under the ADA and similar laws, a disability

is a physical or mental impairment that

significantly limits one or more major life

activities.

A person with a disability is a person who…

has such an impairment;

has a record of such an impairment; or

is regarded as having such an impairment

The phrase physical of mental

impairment means…

Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine; Four bullets on each page work best

Any mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities;

The phrase physical or mental impairment includes, but is not limited to, such contagious and noncontagious diseases and conditions as orthopedic, visual, speech, and hearing impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, specific learning disabilities, HIV disease (whether symptomatic or asymptomatic), tuberculosis, drug addiction, and alcoholism;

The phrase major life activities means…

functions such as caring for one’s self,

performing manual tasks, walking, seeing,

hearing, speaking, breathing, learning, and

working.

Mitigating measures (measures that

alleviate the symptoms of the

impairment) do not take a person

with a disability out of the protective

umbrella of the ADA.

Title II Entity

Title II of the ADA covers programs of state

and local governments

□ New construction or alterations must meet the

applicable architectural standards

□ Facilities in existence prior to 1992 may utilize

program accessibility

The program, when viewed in its entirety, must be

accessible

– Not every one of each type of facility must

necessarily be accessible.

Title II Entities

Factors to determine which pools must be made accessible:

□ How to provide swimming programs in the most integrated setting appropriate;

□ The ways in which people participate in the programs (e.g., individually, in families, in youth groups);

□ Locations where the programs are offered;

□ What programs are offered at each pool and to which constituencies (e.g., family swims, children's swimming lessons, older adult exercise classes, high school swim meets);

□ Which pools are accessible and to what extent; and

□ Level of dispersion of the accessible locations and convenience to reach them (e.g., one pool in each quadrant of the town, all on accessible mass transit).

Title III Entities

Title III covers places of public

accommodation and commercial facilities

□ Includes

Places of lodging including hotels, motels

Stadiums or other place of exhibition or entertainment

Gymnasium, health spa or other place of exercise or

recreation

Title III Entities

Construction standards

□ New construction

□ Alterations

□ Removal of barriers (existing facilities)

Readily achievable hardship standard

Title III Entities

Readily achievable means easily

accomplishable and able to be carried out

without much difficulty of expense.

□ Factors to determine if readily achievable

Cost of construction

Difficulty of construction

Health and safety considerations

Effect on revenues

Impact on operations

Title III Entities

In determining whether an action is readily achievable, must consider:

□ The nature and cost of the action needed

□ The overall financial resources of the site or sites involved in the action; the number of persons employed at the site; the effect on expenses and resources; legitimate safety requirements that are necessary for safe operation, including crime prevention measures; or the impact otherwise of the action upon the operation of the site;

□ The geographic separateness, and the administrative or fiscal relationship of the site or sites in question to any parent corporation or entity;

□ If applicable, the overall financial resources of any parent corporation or entity; the overall size of the parent corporation or entity with respect to the number of its employees; the number, type, and location of its facilities; and

□ If applicable, the type of operation or operations of any parent corporation or entity, including the composition, structure, and functions of the workforce of the parent corporation or entity.

2010 ADA Standards for Accessible Pools

Original compliance date was March 15,

2012

Emergency rule (covering existing pools

only) extended that by 60 days

Current rulemaking in process which may

extend compliance date to mid-September,

after Labor Day

□ Large number of pools closed between Labor Day

and Memorial Day

(Free pass for many pools for one more season?)

Design Standards for 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. [Swimming pool lifts or sloped entry]

Design Standards for Pools

EXCEPTIONS:

□ Where a swimming pool has less than 300 linear feet (91 m) of swimming pool wall, no more than one accessible means of entry shall be required provided that the accessible means of entry is a swimming pool lift complying with 1009.2 or sloped entry complying with 1009.3.

□ Wave action pools, leisure rivers, sand bottom pools, and other pools where user access is limited to one area shall not be required to provide more than one accessible means of entry provided that the accessible means of entry is a swimming pool lift complying with 1009.2, a sloped entry complying with 1009.3, or a transfer system complying with 1009.5.

□ Catch pools shall not be required to provide an accessible means of entry provided that the catch pool edge is on an accessible route.

Design Standards for Pools

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.

Spas. At least one accessible means of entry shall be

provided for spas. Accessible means of entry shall

comply with swimming pool lifts complying with

1009.2; transfer walls complying with 1009.4; or

transfer systems complying with 1009.5.

EXCEPTION: Where spas are provided in a cluster, no

more than 5 percent, but no fewer than one, spa in

each cluster shall be required to comply with 242.4.

State Administrative Requirements

True health and safety standards may be taken into

consideration in R.A. analysis

□ Guidance from Florida Department of Health:

Note that the ADA requires 12 inches from the pool to the

centerline of the lift and 36 inches behind the lift. This

results in approximately 5 feet of required decking.

Additionally, Florida rule 64E-9 requires 4 feet unobstructed

decking width around the perimeter of the pool. Therefore,

for an existing pool with 4 feet of unobstructed decking, two

additional feet will be needed to be added at the time of lift

installation. The additional decking can be poured concrete,

pavers, or other similar material however must be non-

absorbent and slip resistant.

□ Also must consider electrical bonding requirements when

installing lift to deck.