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The recently published revision to the American's with Disabilities Act contains a provision that is known as "Safe
Harbor." The purpose of this document is to clarify this provision as it relates to swimming pool accessibility.
Following the passage of the American's with Disabilities Act (ADA) in 1990, the Department of Justice issued an
initial set of accessibility guidelines in 1991. These standards covered items that would immediately improve accessibility for people
with disabilities. Although these guidelines covered many parts of society, there were a number of areas that were either not included
or were incomplete.
The 2010 revision to ADA expanded several existing areas that were covered in the 1991 guidelines and also introduced
new standards for areas that were not covered in the 1991 version.
In order to ease the fi nancial burden on existing ADA compliant facilities, these new regulations provide a Safe
Harbor provision with respect to the 2010 Standards. For example, if there is a requirement in the 2010 Standards that is either an
enhancement or a change from the modifi cations made to comply with the 1991 guidelines, an existing facility would not be required to
make that change until alterations to the facility are made.
In the case of swimming pools, the Safe Harbor provision does not apply since there were no technical or scoping
requirements contained in the 1991 guidelines that directly addressed swimming pools. According to the 2010 Standards –
"...the safe harbor provided in § 36.304(d)(2)(i) does not apply to those elements in existing facilities that are subject to
supplemental requirements (i.e., elements for which there are neither technical nor scoping specifi cations in the 1991 Standards), and
therefore those elements must be modifi ed to the extent readily achievable to comply with the 2010 Standards." Additionally, "Elements
in the 2010 Standards not eligible for...Safe Harbor are identifi ed as follows - (j)Swimming Pools, Wading Pools and Spas, sections 242
and 1009.
The bottom line is that swimming pools are not eligible for Safe Harbor and therefore, will need to provide accessibility as outlined
in the 2010 Standards.
For more information on this swimming pool accessibility, please contact the ADA at www.ada.gov
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