Margarita Calpotura Resorts and Leisure Law Blog on Lawyers.com

The new ADA requirements, which become effective March 15, 2012, impose new requirements for swimming pools, wading pools, and spas.

Swimming Pools

For swimming pools, compliance requires at least two accessible means of entry.  The primary means of entry must be a pool lift that can be independently operated by a guest with a disability, or a sloped entry.  The secondary means may be a pool lift, sloped entry, transfer wall, transfer system, or pool stairs. 

However, there are exceptions for pools that have less than 300 linear feet of pool wall, pools with limited access, and catch pools.  For pools that have less than 300 linear feet of pool wall, only one accessible means of entry is required.  The means of entry for pools that have less than 300 linear feet of pool wall must be a pool lift or sloped entry.  For wave action pools, leisure rivers, sand bottom pools, and other pools where user access is limited to one area, only one accessible means of entry is required.  The means of entry for pools with limited access must be a pool lift, sloped entry, or transfer system.  For catch pools (or bodies of water where water slides drop users into the water), an accessible means of entry is not required but the pool must be served by an accessible route that connects to the pool edge.

Wading Pools

For wading pools, compliance requires at least one sloped entry.

Spas

For spas, compliance requires at least one accessible means of entry.  The means must be a pool lift, transfer wall, or transfer system.  Footrests are not required on pool lifts provided at spas but are encouraged, especially on larger spas where the water depth is 34” or more, or where there is sufficient space.  However, there is an exception where the spas are provided in a cluster.  Where spas are provided in a cluster, at least 5% in each cluster, or at least one spa must be accessible.

The new rules go into effect on March 15, 2012, and businesses should be proactive in ensuring compliance with the new requirements.

For questions, comments, or further information about the new ADA requirements, contact The Miller Law Group, P.C., at 650-566-2290, or go to http://www.millerlg.com.

Miller Law Group, P.C. is a full-service hospitality law firm representing hotel owners and management companies.