DOJ Delays Effective Date for ADA Requirements Covering Existing Pools and Spas

The Department of Justice (DOJ) has delayed by 60 days the effective date for updated ADA requirements applicable to existing swimming pools, wading pools, and spas. DOJ took this action to allow more time to address misunderstandings concerning compliance with these requirements and is considering a 6-month extension. The extension applies only to existing pools and spas. Those that are newly built or altered must fully comply with the DOJ’s ADA standards (2010).

In 2010, DOJ updated its ADA regulations and implemented revised standards governing the construction and alteration of facilities covered by the ADA. These standards, which became effective March 15, 2012, include new provisions for swimming pools, wading pools, spas, and other types of recreation facilities. The standards provide detailed specifications on how to achieve access to pools and spas by lift, sloped entry, and other means (sections 242 and 1009).

While the standards apply primarily to new construction and alterations, DOJ regulations also include mandates applicable to existing facilities. Barriers to access at places of public accommodation must be removed where it is readily achievable to do so. State and local government entities are responsible for providing access to public programs and services which may include retrofits and structural changes to facilities. Under DOJ’s revised regulations, these barrier removal and program access obligations must encompass access to various types of recreation and other facilities newly covered in the ADA standards, including pools and spas. (Other types of spaces and elements previously retrofitted to meet the original standards do not need to be further modified to meet the new standards.)

In response to confusion among pool owners and operators over their ADA responsibilities in providing access to existing pools and spas, DOJ issued a notice delaying the effective date for addressing access to existing pools and spas from March 15 to May 21, 2012. In a companion notice, DOJ sought public comment on whether a 6-month extension (to September 17, 2012) is warranted. Public comments to the notice, which are currently under review by DOJ, can be viewed online at www.regulations.gov.

For further information, visit DOJ’s website. Technical assistance on the ADA design requirements, including provisions for pools and spas as they apply in new construction and planned alterations, is available from the Access Board at (800) 872-2253 (voice), (800) 993-2822 (TTY), or ta@access-board.gov. A guide on the requirements in the ADA standards for pools and spas is also available from the Board.