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New ADA pool rules may reduce access

mark handler

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So. CA
http://www.stardem.com/business/article_0c7e2616-d3aa-11e1-9d82-001a4bcf887a.html?mode=print

By TONY RUSSO Business Editor | Posted: Sunday, July 22, 2012 2:00 am

EASTON — When the Dorchester County Community Pool was refurbished in 1995, the designers and the county elected to make the pool accessible for people with disabilities. The 164-foot-long pool has a gradual entry slope that runs from 0-4 feet deep and levels off before continuing to go toward the deep end.

According to Scott Eberspacher, county director of the parks and recreation department, the entrance is wide enough that more than 25 wheelchairs can enter the pool at one time.

Unfortunately, the pool may not be accessible enough under new Americans with Disabilities Act (ADA) guidelines, scheduled to become law in mid-January, 2013.

Very large pools, such as the one in Dorchester, have to have two entrances under the new law — the pools either must have two lifts or one lift and a gradual entrance, such as the one in Dorchester.

“I think the reality of the thing is they would like you to have two entrances,” Eberspacher said. “But we’ve applied to have an alteration because we’ve got such a vast entrance area.”

According to Eberspacher the pool accommodates between 300 and 400 people at a time in the summer.

The alteration Dorchester seeks would allow them to place two rails, one on either side of the entrance, that would be designated as entrances for the disabled only.

Whether or not this measure is accepted, the county also will have to make improvements to the bottom of the pool, since it doesn’t level off to the new specifications. The baseline cost for these improvements is $7,000 to $8,000. The purchase of a lift, if necessary would require an additional $5,000 to $6,000 investment.

“I’m hoping from a feasibility standpoint the state will let me make the two entrances with the handrails,” Eberspacher said.

Although the new law was meant to increase access to public pools, which includes those in hotels and other privately-owned institutions that allow public access, it has had the opposite effect on many pools in the region.

Places such as the Easton Elks Lodge 1622 and those owned by homeowners associations, which used to sell or donate access, have elected to end the practice rather than undertake the required modifications.

David Tyler, the pool chairman for the Elks, said the club did some investigating early on to discover the implications of deciding not to comply.

Strictly speaking, the Elks doesn’t generate income from letting community groups have access to the pool. It was common for them to let sports teams or other youth or veterans groups use the pool during the summer.

As a private club the Elks is exempt from compliance with the Civil Rights Act, which Tyler said is used as the metric for deciding the necessity of ADA compliance. Of particular concern was a regular event the group holds for the Boy Scouts of America.

Tyler said the Elks would no longer be able to offer the use of the pool to most community groups. The Boy Scouts still will be able to have their events at the pool because they also are exempt from ADA compliance, but the other community groups will have to find another place to hold events.

For his part, Tyler said he hopes the Elks eventually will raise enough money to become compliant and reopen the pool to the public for special occasions. They will announce a fundraiser in the coming weeks, he said, that will allow people to purchase pavers to be laid at the entrance to the renovated pool.

The Elks pool, Tyler said, needs a significant amount of work beyond the purchase of a lift anyway and the fundraiser will go a long way towards getting much of the needed work done.

Caroline County has no public pool, but gives swimming lessons annually in private pools. Or at least they used to, according to Sue Simmons, Caroline County Director of Parks and Recreation, The program already was strained by the lack of certified teachers available and now, with nowhere to swim, it may not be able to return at all next summer.

Simmons said the county hopes to enter a partnership with the YMCA of the Chesapeake that will allow their summer program children access to a pool next summer.

Robbie Gill, executive director of the YMCA of the Chesapeake, said the Y has plans to add a lift to their second pool. The heated pool has had one for years.

Similarly in Talbot County, the decision to make the purchase is nearly a done deal.

ADA rules allow pools to have either a movable lift — essentially on wheels that can go anywhere — or a permanent lift, such as may be seen at the YMCA’s heated pool.

County Administrator John Craig said the county is leaning toward having a movable rather than a permanent lift to better accommodate events at the George Murphy Pool. The Bay Hundred pool in St. Michaels requires no upgrades.
 
Mark,

correct me if I am wrong, but if the pool was refurbished in 1995 to comply with the ADA requirements at that time then they would not have to comply with the current requirements unless they were planning on refurbishing again? Trying to wrap my mind around such as I don't typically deal with ADA requirements but would like to have a better understanding.
 
GBrackins said:
Mark,correct me if I am wrong, but if the pool was refurbished in 1995 to comply with the ADA requirements at that time then they would not have to comply with the current requirements unless they were planning on refurbishing again? Trying to wrap my mind around such as I don't typically deal with ADA requirements but would like to have a better understanding.
As regards to the pool access, access guidelines and requirements, were not a part of the 1994 ADAAG. The Access Board issued accessibility guidelines for newly constructed and altered recreation facilities in 2002.

2002ADAAG

A large pool is defined as any pool with over 300 linear feet of pool wall. Pool walls at diving areas and in areas where swimmers cannot enter because of landscaping or adjacent structures are still counted as part of the pool’s total linear feet.

The primary means of entry must be either a sloped entry into the water or a pool lift that is capable of being independently operated by a person with a disability. The secondary means of entry could be a pool lift, sloped entry, transfer wall, transfer system, or pool stairs. It is recommended that where two means of entry are provided, they be different types and be situated on different pool walls.

Pools with less than 300 linear feet of pool wall are only required to provide one accessible means of entry, which must be either a pool lift or sloped entry.

The 2010 ADASAD clarified the lift requirement of “…being independently operated by a person with a disability….” Saying a wheelchair user cannot “independently operate” a portable lift.
 
pyrguy said:
I don't have the new rules at home. But if I remember correctly portable lifts are not compliant anymore.
Correct, a wheelchair user cannot “independently operate” a portable lift.
 
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