2010 Standards
Accessibility FAQ
2010 Standards for Accessible Design
Swimming Pools – Wading Pools – Spas

Accessibility FAQ

With design/install/build capabilities, CPS is your one-stop solution for compliance with the revised 2010 ADA requirements. You can count on Chester’s experience and expertise to provide the best solution for your facility.




Q: How does the revised Americans with Disabilities Act affect our pool?

A:All swimming pools, wading pools, and spas in public facilities are required to comply with the new design standards.  Modifications to the facility may be required.

 
Q:How much time do I have to bring my pool into compliance?

A:You have until March 15, 2012 to bring your pool or spa into compliance with the 2010 requirements.

 
Q: Our pool already has a pool lift, is it in compliance with the new requirements?

A:In the case of recent pool lift installations, compliance may simply require minor modifications and a letter of compliance.  Contact Chester for details.

 
Q:Our pool has both steps and a pool lift, is it in compliance with the new requirements?

A:Due to the revised performance requirements of the 2010 Accessibility Act, it is unlikely that older steps and lifts are in compliance.  Contact Chester for details.

 
Q: Are there any permits that will be required before we can proceed with the necessary modifications?

A:It is possible that changes to entry points, grounding or bonding of structural anchors, and ramp design may fall under your State or local Health Department submittal requirements.

 
Q:Our facility has a spa, do the new ADA requirements apply?

A:The 2010 ADA Accessibility Design requirements apply to all facilities with swimming pools, wading pools, and spas, and must be in compliance prior to the deadline.

 
Q: What if our facility is not in compliance by the deadline?

A:Enforcement of ADA requirements varies from state to state. Action against noncompliant facilities may be taken by local building or health officials enforcing state building or health codes referencing the new ADA guidelines. Also, individuals may file civil lawsuits against noncompliant facilities. Indirect enforcement may occur when a local government is ruled ineligible for federal dollars unless all facilities are in compliance.

Through lawsuits and settlement agreements, the Department of Justice has achieved improved access for individuals with disabilities. Under general rules governing Federal government initiated lawsuits, the Department of Justice may not sue a party until negotiations to settle the dispute have failed.

The Department of Justice may file lawsuits in federal court to enforce the ADA, and courts may order compensatory damages and back pay to remedy discrimination if the Department prevails. Under title III, the Department of Justice may also obtain civil penalties of up to $55,000 for the first violation and $110,000 for any subsequent violation. - Source: Department of Justice
 
Q:The revised standards offer a "Safe Harbor" for facilities that were compliant under the previous standards.  Does my existing pool qualify?

A:The revised standards specifically exempt pools from the safe harbor provisions.  All pools must be brought into compliance.
  
Q:Are there any tax breaks for small businesses making improvements such as adding a lift to comply with the ADA?

A:Some small business are eligible for a Disabled Access Credit. This credit requires that the company meet several criteria and file IRS Form 8826 with its taxes. You can download the Disabled Access Credit PDF form and instructions here.
  
Q:  Ok, I'm convinced, what's the next step?

A:Contact CPS at (800) 248-5486 or fill in the contact form for more details on what your facility requires for compliance.

 
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Call (800) 248-5486 to speak with a knowledgeable Chester representative about
bringing your pool into compliance with current accessibility guidelines.

Chester ADA AccessibilityChester Pool Systems
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Options & Accessories  >>

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