On September 15, 2010, the Department of Justice published the Americans With Disabilities Act “2010 Standards for Accessible Design” in the Federal Register, which revised, clarified, and updated the original 1990 ADA guidelines (the “2010 Standards”).

The 2010 Standards provide new guidelines for making both existing and new recreational facilities, including swimming pools, wading pools and spa pools accessible to people with disabilities. They also provide certain deadlines by which modifications must be performed – for both existing and new construction.

Partner James S. O’Brien, Jr. and Associates Sarah E. Bell and Stephanie R. Kline, all members of Pryor Cashman’s Litigation and ADA Practice Groups, have written an informative article, entitled "The ADA and Access to Pools and Other Recreational Facilities," summarizing the provisions and anticipated impact of the 2010 Standards on pools, spas and recreational facilities. The article was published in the Bloomberg BNA Real Estate Law & Industry Report in June 2012.