Look at the photo on the right. This is a brand new gate that leads out to a pool located behind a hotel in St. Augustine, FL. What’s wrong with respect to the Americans with Disabilities Act (ADA)?

HINT: The person in the photo is reaching for a latch to release the gate. The gate is 5 feet tall. The gate pushes open from this side shown in the photo, and is pulled open from the opposite side. There is a spring loaded automatic closer for the gate. A closeup of the latch is shown in the photo below.

So to leave the pool area, the person has to reach over the 5 feet gate to pull and hold the release latch knob UP to release the gate, then push the gate open to leave the pool area. Similarly, to enter the pool area, an individual has to pull and hold the latch knob UP with one hand, then pull the gate open with another hand.

ANSWER: Several things are wrong. First, the latch is too high above the floor. Second, the pool gate itself compromises the clear space for the latch when leaving the pool area. Third, to open the gate requires two hands, one to pull the latch UP and hold it UP while the other hand is used to open the gate. And fourth, the maneuvering space on the pull side of the gate is not adequate.

The latch to release the gate is an operable part. 2010 ADA Standard 309.3, [Operable Parts] Height, states, “Operable parts shall be placed within one or more of the reach ranges specified in [Standard] 308.”

2010 ADA Standard 308.2.1, [Forward Reach] Unobstructed, states, “Where a forward reach is unobstructed, the high forward reach shall be 48 inches (1220 mm) maximum and the low forward reach shall be 15 inches (380 mm) minimum above the finish floor or ground.” The graphic below is representative of this Standard.

So the highest this latch should be is 48 inches above the floor of the walkway.

The pool gate itself compromises the clear space for the latch when leaving the pool area. 2010 ADA Standard 309.2, [Operable Parts] Clear Floor Space, states, “A clear floor or ground space complying with [Standard] 305 shall be provided.”

2010 ADA Standard 305.3, [Clear Floor or Ground Space] Size, states, “The clear floor or ground space shall be 30 inches (760 mm) minimum by 48 inches (1220 mm) minimum.” The graphic below is representative of this Standard.

Nothing should be located within the clear space for the latch, on either side of this gate, including the gate itself.

To open the gate requires two hands, one to grasp tightly and pull the latch UP and hold it UP while the other hand is used to open the gate.

2010 ADA Standard 309.4, [Operable Parts] Operation, states, “Operable parts shall be operable with one hand and shall not require tight grasping, pinching, or twisting of the wrist. The force required to activate operable parts shall be 5 pounds (22.2 N) maximum.”

This latch requires a forward approach from either side. From the pull-to-open side (opposite of what is shown in the photo above), there is inadequate gate maneuvering space parallel to the latch side.

2010 ADA Standard 404.2.4.1, [Doors, Doorways, and Gates] Swinging Doors and Gates, “Swinging doors and gates shall have maneuvering clearances complying with Table 404.2.4.1.” Table 404.2.4.1 indicates for a door approached from the forward direction and pulled to open, a space of 18 inches is required parallel to the door on the latch side and 60 inches is required perpendicular to the door. The graphic on the left is representative of the maneuvering space required for the front/pull side of this pool gate.

SUMMARY: This new gate is not in compliance with the 2010 ADA Standards. This is a poor design and installation that will discriminate against individuals with disabilities. All gates should comply with 2010 ADA Standard 404 for Doors, Doorways, and Gates. Gates with latches should comply with 2010 ADA Standard 309 for Operable Parts.

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If you observe a facility that is not ADA compliant and you would like to know how to proceed, please see the link at What To Do When A Building Is Not ADA Compliant or Accessible.

ADA Inspections Nationwide, LLC, offers ADA/ABA/FHA accessibility compliance inspections for buildings and facilities, as applicable to the different laws, and expert witness services with respect to ADA/ABA/FHA laws for building owners, tenants and managers. Also, ADAIN offers consulting for home modifications as a CAPS consultant for people wishing to age in place in their homes. For a complete list of services please see ADAIN Services.

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