May 18, 2012

DOJ Gives More Time for Existing Pools

Recreation center staff check the operation of the pool lift.

On May 18, 2012, the US Department of Justice announced that it is adopting a final rule extending the compliance date for sections 242 and 1009 of the 2010 Americans with Disabilities Act (ADA) Standards for Accessible Design, as they relate to the provision of accessible entry and exit to existing swimming pools, wading pools, and spas (pools built before March 15, 2012). These provisions for existing pools of Title II and Title III entities will now take effect on January 31, 2013.

Many questions related to access at swimming pools have emerged since the U.S. Department of Justice (DOJ) issued the revised regulations for the Americans with Disabilities Act and 2010 Standards for Accessible Design.

In addition, DOJ has issued a guidance document regarding the application of the accessibility requirements to existing swimming pools.

All public pool owners and operators should be familiar with the new DOJ guidance as it is the first and only interpretation provided by the enforcement agency that specifically addresses expectations for existing facilities.