The law mandates that any commercial pool (which all of our Swim Clubs are) with less than 300 linear feet of pool wall perimeter needs one handicap accessible means of entry: either a lift or sloped entry. The lifts appear to be the more cost-effective solution in most cases. The compliant lifts typically sell for around $3,000. We plan to be in touch over the next few months to provide specific information on lifts and ramps that can be installed to help you gain ADA compliance.
The law mandates that any commercial pool containing more than 300 linear feet of pool wall perimeter must have at least two means of handicap entry. One entry is required to be either a lift, or a sloped entry. The second can be a lift or a sloped entry – or it can be one of several other methods: pool access stairs, a transfer system that resembles a set of small portable stairs; or a transfer wall, which is a low wall with handles that helps people lift themselves over the side of the pool.
The law does have exclusions in some cases for private clubs and homeowners’ associations (HOAs). If a private club or HOA limits the use of their facilities strictly to members and their guests, then the swim club would not be subject to ADA standards.
However, if that HOA or Private Club hosts swimming competitions or any other type of activity that opens the pool to non-members, the HOA or Private Club would be required to follow ADA standards for their pool. So, any Swim Club that has a swim team with home swim meets must be compliant. Swim Clubs that have limited or no membership requirements and minimal dues also must comply with ADA standards. Here are some additional activities that would require a Swim Club to be ADA Compliant:
· An HOA sells outside memberships or guest passes to their swimming facilities.
· An HOA or Private Club actively rents out their pool facilities.
A: ADA standards cover both public entities (Title II) and private (Title III) facilities including pools operated by public park and recreation districts, hotels and motels, fitness and recreational sports clubs, country clubs, high schools and universities, waterparks, hospitals and health care facilities.
Title II prohibits disability discrimination by all public entities at the local and state levels. Examples of Title II entities would be: School Districts, Municipalities, Cities and Counties.
Title III regulates places of public accommodation, commercial facilities and private companies that offer courses and examinations related to educational and occupational certification. Examples of Title III entities would be: Lodging, Recreations, Education, Transportation, Etc.
However, if facilities choose to operate an element of public accommodation within their premises, they then become subject to ADA standards.
Private residential facilities must comply if: 1) They generate commerce (meaning the pool is membership driven and anyone can join) 2)The facility receives Federal funds 3)The pool or spa is open to the general public or used by anyone other than tenants, their families and friends.
For example:
1. A Homeowner’s Association or Private Club’s pool that is used for swimming competitions that are open to competitors from outside the association.
2. Any HOA that sells outside memberships to their swimming facilities.
3. An HOA or Private Club that actively rents out their pool.
