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Title III of the Americans with Disabilities Act (ADA) ensures that individuals with disabilities are not discriminated against in public accommodations including private businesses. This requires newly constructed and renovated business facilities to be fully accessible for individuals with disabilities according to the ADA Standards for Accessible Design. Businesses are also required to remove any existing accessibility barriers whenever it is easily achievable. The 2010 Standards specify that newly constructed or renovated swimming pools, wading pools, and spas must have accessible entry and exit points for individuals with disabilities. These standards also provide specific technical requirements for accessible entry, such as pool lifts, including the seat size, location, lifting capacity, and clear floor space. For more information on the 2010 ADA Standards, please visit http://www.ada.gov/2010ADAstandards_index.htm. Furthermore, the 2010 Standards clarify whether a newly constructed or renovated pool requires one or two accessible entry and exit points, as outlined in Section 2.

If a swimming pool is associated with a private residential community and only accessible to residents and their guests, it is not required to meet the ADA accessibility standards. However, if the pool is available for rental or use by the public, it falls under Title III of the ADA. Government-owned or operated community pools are covered by Title II of the ADA and must meet program accessibility requirements. For more information, please refer to http://www.ada.gov/pools_2010.htm.

The Department prefers that covered entities voluntarily comply with the ADA. They aim to work collaboratively and have a comprehensive outreach and technical assistance program to help businesses and state and local governments understand their obligations under the ADA.