Questions and Answers: Accessibility Requirements for Existing Swimming Pools at Hotels and Other Public Accommodations

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QUESTIONS AND ANSWERS:
ACCESSIBILITY REQUIREMENTS FOR EXISTING
SWIMMING POOLS AT HOTELS AND OTHER PUBLIC
ACCOMMODATIONS
INTRODUCTION
In 2010, the Department of Justice published updated regulations under the Americans
with Disabilities Act (ADA). These regulations adopted the 2010 Standards for Accessible
Design (2010 Standards), which, for the first time, contain specific accessibility requirements for
a number of types of recreational facilities, including swimming pools, wading pools, and spas.
In January 2012, the Department issued guidance titled “ADA 2010 Revised
Requirements: Accessible Pools—Accessible Means of Entry and Exit” to assist entities covered
by Title III of the ADA, such as hotels and motels, health clubs, recreation centers, public
country clubs, and other businesses that have swimming pools, wading pools, and spas, in
understanding how the new requirements apply to them.
This Questions and Answers document provides answers to some common questions
regarding requirements in the 2010 regulations and Standards as they apply to public
accommodations with existing pools. While the document answers a large number of questions,
one of our key goals is to emphasize the flexibility of the standards for existing swimming pools.
Three points are especially important. The first is that in response to public comments, we have
extended the compliance date until January 31, 2013. The second point is that under the ADA,
there is no need to provide access to existing pools if doing so is not “readily achievable.”
Providing access is not readily achievable if it would involve significant difficulty or expense.
The third point is that the Department will not pursue enforcement of the fixed lift requirements
against those who have purchased otherwise-compliant portable lifts before March 15, 2012 as
long as they are kept in position for use at the pool and operational during all times that the pool
is open to guests. In general, the Department plans to work collaboratively and constructively
with all businesses that have questions about the meaning of the 2010 regulations and standards,
with respect for their particular challenges, needs, and concerns, including the needs of small
businesses that may be unfamiliar with the ADA.
1. 	What is the effective compliance date of the ADA standards for accessible pools?
The effective date of the 2010 Standards generally is March 15, 2012. However, and in
response to public comments and concerns, the Department has extended the date for compliance
for the requirements related to the provision of accessible entry and exit to existing swimming
pools, wading pools, and spas to January 31, 2013.
2. 	What does the ADA require for accessibility of pools?
Title III of the ADA prohibits discrimination on the basis of disability by places of public
accommodation, including many private businesses. Title III requires newly constructed and

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altered business facilities to be fully accessible to people with disabilities, applying the ADA
Standards for Accessible Design. In addition, Title III requires businesses to remove
accessibility barriers in existing facilities when doing so is readily achievable.
The 2010 Standards require that newly constructed or altered swimming pools, wading
pools, and spas have an accessible way for people with disabilities to enter and exit the pool.
The Standards also provide technical specifications for when a means of entry is accessible, such
as, for pool lifts, the location, size of the seat, lifting capacity, and clear floor space. You can see
the 2010 ADA Standards at http://www.ada.gov/2010ADAstandards_index.htm.
For existing swimming pools built before the effective date of the new rule, the 2010
Standards provide the guide for achieving accessibility. However, full compliance may not be
required in existing facilities (see question 4).
The 2010 Standards explain whether a newly constructed or altered pool needs to have
one or two accessible means of entry and exit. Section 242 provides that large pools (pools with
300 linear feet of pool wall or more) must have two accessible means of entry and exit. One
means of entry/exit must be a fixed pool lift or sloped entry; the other entry can be a transfer
wall, transfer system, or pool stairs. Small pools (pools with less than 300 linear feet of pool
wall) must provide at least one accessible means of entry/exit, which must be either a fixed pool
lift or a sloped entry.
The 2010 Standards also provide details about what features an accessible means of entry
or exit should have. Specifically, section 1009 addresses the location, size of the seat, lifting
capacity, and clear floor space required for fixed pool lifts, as well as the requirements for sloped
entries, transfer walls, transfer systems, and pool stairs. A copy of the 2010 ADA Standards is
available at http://www.ada.gov/2010ADAstandards_index.htm.
The 2010 Standards require that new or altered wading pools have a sloped entry. New or
altered spas must have at least one accessible means of entry, which may be a transfer wall, a
transfer system, or a pool lift. See sections 242.3 and 242.4 of the 2010 Standards.
3. 	Does a community pool have to provide an accessible means of exit and entry?
Community pools that are associated with a private residential community and are limited
to the exclusive use of residents and their guests are not covered by the ADA accessibility
requirements. On the other hand, if a swimming pool/club located in a residential community is
made available to the public for rental or use, it is covered under Title III of the ADA. If a
community pool is owned or operated by a state or local government entity, it is covered by Title
II of the ADA, which requires “program accessibility.” See
http://www.ada.gov/pools_2010.htm.
REQUIREMENTS FOR EXISTING POOLS
4. 	My pool already existed before the effective date of the new rule. What am I required to
do to provide pool access to customers with mobility disabilities?

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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. (See Question 2 for the 2010 Standards requirements for pools).
However, owners of existing pools need to comply with the 2010 Standards only to the extent
that doing so is readily achievable for them.
The 2010 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 Standards if doing so is readily achievable
and if full compliance is not.
5. 	Are there any tax credits or deductions to help me comply?
Yes. To assist businesses with complying with the ADA, Section 44 of the IRS Code
allows a tax credit for small businesses and Section 190 of the IRS Code allows a tax deduction
for all businesses. The tax credit is available to businesses that have total revenues of $1,000,000
or less in the previous tax year or 30 or fewer full-time employees. This credit can cover 50% of
the eligible access expenditures in a year up to $10,250 (maximum credit of $5000). The tax
credit can be used to offset the cost of undertaking barrier removal and alterations to improve
accessibility; providing accessible formats such as Braille, large print and audio tape; making
available a sign language interpreter or a reader for customers or employees; and for purchasing
certain adaptive equipment. The tax deduction is available to all businesses with a maximum
deduction of $15,000 per year. The tax deduction can be claimed for expenses incurred in barrier
removal and alterations. To learn more about the tax credit and tax deduction provisions, contact
the DOJ ADA Information Line (at 800-514-0301 (voice); 800-514-0383 (TTY).
6. 	What if I can’t afford to install a fixed lift in my pool, or it would be difficult to do so?
In that case, installation is not required. If it is not readily achievable for a business to
provide a fixed lift – that is, if it would be too difficult or expensive to make these changes –
then a business may use other ways, such as a non-fixed lift, to provide access to the pool. If it is
not readily achievable to provide access to the existing pool, even by way of a non-fixed lift, the
business need not do so. Nonetheless, it should make a plan to achieve compliance with the pool
access requirements when doing so becomes readily achievable.
7. 	What is the difference between a “portable” lift and a “fixed” lift?
The real issue is not whether a lift is “portable” versus “fixed,” but rather whether a lift is
“fixed” versus “non-fixed.” A fixed lift means that the lift is attached to the pool deck or apron
in some way. A non-fixed lift means that it is not attached in any way. Therefore, a portable lift
that is attached to the pool deck would be considered a fixed lift. Thus, owners of portable lifts
can fully comply with the access requirements by affixing their lifts to the pool deck or apron.

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They are required to do so if that is readily achievable, except in certain circumstances discussed
below.
8. 	How do I determine if it is readily achievable for me to install a lift in my existing pool?
Readily achievable means that providing access is easily accomplishable without
much difficulty or expense. 	This is a flexible, case-by-case analysis, with the goal of ensuring
that ADA requirements are not unduly burdensome, including to small businesses. The readily
achievable analysis is based on factors such as the nature and cost of the needed action; all the
financial, staff and other resources available to the business and any parent entity; and the impact
on the operation of the site, including legitimate safety requirements that are necessary for safe
operation.1 Generally, a mere franchisor-franchisee relationship, where the franchisor does not
own or operate the franchisee business, will not require consideration of the franchisor’s
resources in determining what is readily achievable.
This is the same standard that places of public accommodation have been using for all
covered elements of existing facilities since 1992. Guidance on “Common Questions: Readily
Achievable Barrier Removal” is available at http://www.ada.gov//adata1.htm (1996).
9. 	I already purchased a portable lift before March 15, 2012. Can I still use it?
Yes. If you have purchased a non-fixed lift before March 15th that otherwise complies
with the requirements in the 2010 Standards for pool lifts (such as seat size, etc.), you may use it,
as long as you keep it in position for use at the pool and operational during all times that the pool
is open to guests. 	Because of a misunderstanding by some pool owners regarding whether the
use of portable pool lifts would comply with barrier removal obligations, the Department, as a
matter of prosecutorial discretion, will not enforce the fixed elements of the 2010 Standards
against those owners or operators of existing pools who purchased portable lifts prior to March
15, 2012 and who keep the portable lifts in position for use at the pool and operational during all
times that the pool is open to guests so long as those lifts otherwise comply with the
requirements of the 2010 Standards. Generally, lifts purchased after March 15, 2012 must be
fixed if it is readily achievable to do so.
1 Specifically, in determining whether an action is “readily achievable,” the following factors should be
considered:
1) The nature and cost of the action;
2) The overall financial resources of the site or sites involved; the number of persons employed at
the site; the effect on expenses and resources; legitimate safety requirements necessary for safe operation,
including crime prevention measures; or any other impact of the action on the operation of the site;
3) The geographic separateness, and the administrative or fiscal relationship of the site or sites in
question to any parent corporation or entity;
4) If applicable, the overall financial resources of any parent corporation or entity; the overall size
of the parent corporation or entity with respect to the number of its employees; the number, type, and
location of its facilities; and
5) If applicable, the type of operation or operations of any parent corporation or entity, including
the composition, structure, and functions of the workforce of the parent corporation or entity.

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If a portable lift was purchased after March 15, 2012, the obligation to remove barriers is an
ongoing one. If it becomes readily achievable to attach the lift to the pool at a later date you must
do so. Manufacturers, for example, are providing kits to attach portable lifts.
10. I do not have a lift at my pool and it is not readily achievable to provide one now. Do I
have to close the pool?
No. If accessibility is not readily achievable, the Department recommends that
businesses develop a plan to provide access into the pool when it becomes readily achievable in
the future. Because accessibility in existing facilities is an ongoing obligation, a covered entity
must provide accessible features when it becomes readily achievable to do so.
11. I’ve decided that it is readily achievable to provide a lift, but the lift I ordered is on
back order. Do I have to close my pool until the lift arrives?
No. A business in this situation should order and install a compliant lift and install it
when it becomes available.
OTHER QUESTIONS
12. What if I have two pools or a pool and a spa? Can I share a lift between pools?
In new construction, each pool or spa must provide accessible entry and exit. For
existing pools, whether each pool or spa must have its own lift (or other accessible means of
entry) depends on whether it is readily achievable. If it is not readily achievable for a business to
provide a lift at each pool or spa, it does not mean the inaccessible pool or spa must be closed.
In these circumstances, the business should make a plan to purchase and install a compliant pool
lift or other accessible entry when it becomes readily achievable to do so.
Sharing non-fixed pool lifts between pools can pose safety risks to swimmers with
disabilities because if a lift has been moved to another pool, a person with a disability might be
unable to get out of the pool. Sharing lifts between pools also requires people with disabilities to
rely on staff assistance to find, move, and set up the lift each time.
13. If I can’t provide a lift at every pool, do I have to close the one(s) that has no lift?
No. If it is not readily achievable to provide a lift at each pool, the inaccessible pool(s)
may remain open.
14. Do I have to leave my pool lift out at poolside when my pool is closed?
No. Pool lifts are required to be available only when the pool is open and available to the
public. If a pool is closed during the winter months or at night, the public accommodation is free
to remove the lift from the pool and store it.
15. Can I store my lift and bring it out only when it is requested by a person with a
disability?

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No. A pool lift must remain in place and be operational during all times that the pool is
open to guests. The ADA and its implementing regulations require equal and independent access
for people with disabilities for all covered facilities (not just pools). Allowing covered entities to
store lifts and only take them out on request places unnecessary additional burdens on people
with disabilities. People with disabilities have long faced the challenges of dealing with portable
accessibility features – e.g., staff are unavailable or too busy to help locate and set up the
equipment, the equipment is missing, the equipment isn’t maintained, or staff do not know how
to safely set up the equipment. In addition, the ADA Standards specify that a lift must be located
at the proper water depth and with the necessary space around it to maneuver a wheelchair.
Moving a portable lift around raises the likelihood that the lift will be improperly located,
making it difficult or dangerous to use.
16. I think a lift poses a safety risk at an unattended pool. I also have heard that my
insurance rates will increase if I have a lift in my unattended pool. Can I consider safety
risks?
The ADA allows businesses to consider “legitimate safety requirements” in determining
whether an action is readily achievable, as long as the requirements are based on actual risks and
are necessary for the safe operation of the business. However, a “legitimate safety requirement”
cannot be based on speculation or unsubstantiated generalizations about safety concerns or risks.
We note that businesses cannot rely on limitations on coverage or insurance rates as a reason not
to comply with the ADA.
17. I’ve provided a pool lift. Do I have any further legal obligations?
Once an accessible means of entry to a pool, such as your lift, has been provided, it needs
to remain available and in working condition while the pool is open to the public. Staff should
also be trained so they will know how the lift works, where it is located, and how to operate and
maintain it. For example, a pool lift that operates on batteries may need to be recharged
periodically. To be sure that lift remains operable, staff should know how to charge the battery
and be assigned to perform the task as necessary.
ADDITIONAL INFORMATION ABOUT THE 2010 STANDARDS
18. What is the Department's approach going to be to ensuring compliance with the new
regulation pertaining to pool lifts?
As a general matter, the Department favors voluntary compliance with the ADA from
covered entities. The Department seeks collaborative approaches. To achieve these objectives,
the Department has a robust outreach and technical assistance program designed to assist
businesses and State and local governments to understand their obligations under the ADA.
RESOURCES
19. If I have a question about the new requirements, where do I go?

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The Department’s wide-ranging outreach, education and technical assistance program is
designed to assist businesses and State and local governments to understand their obligations
under the ADA. Additional information about the ADA’s requirements, including the 2010 ADA
Standards, is available on the Department’s ADA Website at www.ada.gov.
If you have questions and would like to speak to an ADA Specialist, please call the ADA
Information Line at 800-514-0301 (voice); 800-514-0383 (TTY). Specialists are available
Monday through Friday from 9:30 AM until 5:30 PM (Eastern Time), except on Thursday when
the hours are 12:30 PM until 5:30 PM.
ADA experts are also available to present to conferences and training sessions through
the ADA Speakers Bureau.

The Americans with Disabilities Act authorizes the Department of Justice (the Department) to
provide technical assistance to individuals and entities that have rights or responsibilities under the
Act. This document provides informal guidance to assist you in understanding the ADA and the
Department's regulations.
This guidance document is not intended to be a final agency action, has no legally binding effect,
and may be rescinded or modified in the Department’s complete discretion, in accordance with
applicable laws. The Department’s guidance documents, including this guidance, do not establish
legally enforceable responsibilities beyond what is required by the terms of the applicable statutes,
regulations, or binding judicial precedent.