SWIMMING UPSTREAM – Americans With Disabilities Act (ADA) Requirements For Swimming Pools

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As of January 31, 2013, all existing pools located at “public accommodations” must meet ADA standards. This requires the installation of a fixed lift for the pool areas. This short article attempts to answer some of the frequently asked questions with regard to whether a pool is subject to the ADA requirements and what happens if the new standards are not met.

Who has to comply, and when? Generally, anyone with a pool made available to the public had to install a lift by January 31, 2013. This would include hotels and other organizations such as athletic clubs. Some pools are generally not covered by the ADA such as those within privately owned apartment complexes, but these might be subject to the ADA Standards if they sell passes to non-residents to use the pool or rent the pool to the public. Apartment complexes have their own standards under the Fair Housing Act that must be met.

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ADA

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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