What's Wrong with This Photo? - Pool Lifts - 5/13/2021

Hotel Pool

Please look at the photo on the right. What you are looking at is a pool at a hotel in St. Augustine Beach, Florida. With respect to the Americans with Disabilities Act (ADA), what’s wrong?

HINT: How will a disabled individual enter or exit the pool?

One way is visible in the photo above. On the close end of the pool is a handrail for a step system. A closeup of this step system is shown below.

Hotel Pool Stair System

That’s good, because a step system counts as a method of disabled access for the pool. 2010 ADA Standard 242.2, [Swimming Pools, Wading Pools, and Spas] Swimming Pools, states, “At least two accessible means of entry shall be provided for swimming pools. Accessible means of entry shall be swimming pool lifts complying with [Standard] 1009.2; sloped entries complying with [Standard] 1009.3; transfer walls complying with [Standard] 1009.4; transfer systems complying with [Standard] 1009.5; and pool stairs complying with [Standard] 1009.6. At least one accessible means of entry provided shall comply with [Standards] 1009.2 or 1009.3.” Standard 1009.2 covers lifts and Standard 1009.3 covers sloped entries (ramps). So the stairs work as a method of access, but where is the second method?

Well I found it way over in a corner of the pool hardscape. See the photo below.

Portable Pool Lift

Back behind those two chairs is a portable pool lift. Not exactly readily accessible for a disabled person to use independently.

According to QUESTIONS AND ANSWERS: ACCESSIBILITY REQUIREMENTS FOR EXISTING SWIMMING POOLS AT HOTELS AND OTHER PUBLIC ACCOMMODATIONS, “the ADA requires businesses to make existing pools accessible only when it is "readily achievable" to do so. Readily achievable means that providing access is easily accomplishable without much difficulty or expense. The 2010 Standards provide the benchmark, or goal, for accessibility in existing pools. However, owners of existing pools need to comply with the 2010 [ADA] Standards only to the extent that doing so is readily achievable for them.”

Furthermore, “the 2010 [ADA] Standards for pool lifts require lifts to be fixed and to meet additional requirements for location, size of the seat, lifting capacity, and clear floor space. Therefore, if a business can provide a fixed lift that meets all of the 2010 Standards’ requirements without much difficulty or expense, the business must provide one. If no fully compliant lift is readily achievable for the business, the business is not obligated to provide a fully compliant lift until doing so becomes readily achievable. In addition, the business may provide a non-fixed lift that otherwise complies with the requirements in the 2010 [ADA] Standards if doing so is readily achievable and if full compliance is not.”

ANSWER: In other words, if providing a fixed pool lift is readily achievable, it should be installed at the pool. The burden of proof for readily achievable falls on the owner, operator, or tenant for the facility. If the entity is spending money to improve other components in the facility, and choosing not to improve accessibility for the pool, that may not sit well with authorities tasked with enforcing the ADA.

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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.

Thank you