Is my swimming pool required to have a swimming pool lift?
If the pool is just a residential pool used at a home, generally not.
But, under the new ADA standards for some pools the answer is yes. The ADA standards do not affect any type of residential dwelling, such as a private residence, an apartment complex, a condominium, or a home owner’s association. However, if any of these residential facilities operate an element of public accommodation within their premises, these elements would be subject to ADA regulations.
Here are some examples of situations where a residential entity would fall under ADA regulations with respect to swimming pools:
- A private residential apartment complex sells memberships to their swimming facilities. This situation would be considered providing a public accommodation.
- A Home Owner’s Association pool is used for swimming competitions that are open to competitors from outside the association. This situation would also be considered offering a public accommodation.
- A condominium actively rents out their units when owners are absent, including advertising, taking reservations over the phone, and providing either meals or housekeeping services. In this instance, the condominium would be considered a hotel.
- A vacation timeshare that operates as a hotel. This facility would be considered a hotel.
If any residential entity strictly limits use of their facilities to residents and their guests, they would not be subject to ADA regulations. Although residential facilities are not required to comply with ADA regulations for swimming pools, they must comply with the Fair Housing Act.
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