Ensuring Compliance with ADA Pool Requirements
Summer is almost here, and for many associations, that means it's time to start thinking about getting the community pool ready for use. This year, in addition to normal cleaning and maintenance, associations need to ensure compliance with the ADA requirements for public pools. The ADA published these guidelines in 2010, and they were scheduled to go into effect March 15, 2012, but confusion on the policies has resulted in an extension of the deadline to May 15, 2012.
Very generally, the rules require all public pools to have at least one accessible entrance, commonly a lift or sloped entry. Larger public pools must have two. Private pools are exempt from these requirements. The ambiguity lies in the classification of community association pools. Generally, community association pools are considered private. However, some associations sell memberships to the public. Others host swim meets. In these situations, the pool is being used as a public pool. For those associations hosting swim meets, a question arises as to whether the pool is considered a public pool only during times of public use, or, if not, the number of swim meets required to cause its classification as a public pool. The rules require permanent means of access, but some wonder whether temporary access might be sufficient for pools that are generally private, but host the occasional swim meet.
In summary, if an association does not sell memberships or host swim meets, its community pool is exempt from the requirements. If an association sells memberships, its pool must comply with the new standards. For those associations that do not sell memberships, but host swim meets, the correct interpretation and application of the rules has yet to be determined. Stay tuned for further updates: the Department of Justice expects to release further guidance and clarification of the rules, and is considering a six month extension of the deadline.