Slide 1:
ADA Audio Conference Series
February 19, 2013
This session is scheduled to begin at 2:00pm Eastern Time
Real-Time Captioning and the PowerPoint Presentation are available through the Webinar Platform.  Audio Connection is available through the webinar platform and/or telephone.

Slide 2:
Listening to the Session
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Slide 3:
Captioning
Real-time captioning is provided during this session via the webinar platform.
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Slide 4:
Submitting Questions
For Q&A within Webinar Platform:  Using your mouse, choose “Great Lakes ADA” from the Participant list and double click.  A tab titled “Great Lakes ADA” will appear in the chat panel.  Type your question in the text box and “enter”.  Your question will be submitted to the presenters.  It will not be viewable by other participants. (Keyboard - F6, Arrow up or down to locate “Great Lakes ADA” and select to send a message)

Via Telephone:  The Operator will provide Instructions
for asking questions.

Please note: This session is being recorded and a written transcript is being created.   They will be available on the www.ada-audio website at within 7 business days after the conclusion of the session.

Slide 5:
Customize Your View
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Slide 6:
Customize Your View continued
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Slide 7:
Technical Assistance
If you experience any technical difficulties during today’s session:
In webinar platform:  Send a private chat message to the host by double clicking “Great Lakes ADA” in the participant list. A tab titled “Great Lakes ADA” will appear in the chat panel.  Type your comment in the text box and “enter” (Keyboard - F6, Arrow up or down to locate “Great Lakes ADA” and select to send a message ); or By Email adaconferences@adagreatlakes.org ; or 
Call 877-232-1990 (V/TTY) 

Slide 8:
“Everyone Into the Pool:  Refresher on the requirements for swimming pool lifts”
Troy Balthazor, ADA Specialist
Great Plains ADA Center
Member of the ADA National Network

Slide 9:
Swimming Pools and Spas
January 31, 2013
Pool and Spa Scoping and Building Standards
Title II:  Program Accessibility
Title III:  Readily Achievable Barrier Removal

Slide 10:
Swimming Pools and Spas
•	Application:  Entities covered by Titles II and III of the Americans with Disabilities Act
•	Type of facilities that don’t qualify
•	Scoping
•	Design Standards for New Construction (Chapter 10 ADAAG)
•	Alterations undertaken by Title II and Title III entities

Slide 11:
Swimming pools
•	Required means of access into the water
o	Over 300 linear ft of pool wall = 2
o	Less than 300 linear ft of pool wall = 1
•	Primary means of entry:  Lift or sloped entry
•	Secondary means -  lift, sloped entry, transfer wall, stairs, or transfer system
Photo of a man using sloped entry with handrails to enter swimming pool
Photo of a man using Accessible Pool Lift at side of outdoor swimming pool 

Slide 12:
Sloped Entry
ADA Standards Figure 72 showing sloped entry submerged depth.  Depth at landing 24-30 inches below waterline 

Slide 13:
Pool lift
•	Located where water does not exceed 48 inches
•	Footrests – must be provided and move with seat.
•	Armrest – if provided opposite water shall be removable or fold in raised or load position
•	Capable of unassisted operation – both deck and water
•	Lifting capacity:  300 lb. minimum
•	Accessible route, operable controls, and reach range considerations

Slide 14:
Other means of Access into the Water
Photo of a woman walking down steps into pool using handrails
Photo of a woman in wheelchair transferring onto transfer steps for entry into spa 
Photo of a man transferring onto pool transfer steps for entry into swimming pool 

Slide 15:
Wading Pools
•	At least one sloped entry – handrails not required
•	Extend to the deepest part of the wading pool
Photo of a wading pool with waterfall feature

Slide 16:
Water play components
•	Where water play components are provided, ground level access and transfer access to elevated play components required
Photo of a water play area with multiple levels and activities 

Slide 17:
Water slides
•	Accessible route required to edge of catch pool
Photo of a water slide

Slide 18:
Spas
•	Each spa requires one accessible means of entry.  
•	Spas in cluster:  5%, no less than 1
This entry may be:
•	A pool lift
•	A transfer wall
•	A transfer system

Slide 19:
WHAT DOES DOJ EXPECT OF TITLE II ENTITIES?

Slide 20:
What does DOJ expect?
New construction standard:  Fixed lift required at each swimming pool and spa covered by the standards 

No sharing
Portables ONLY if in fixed position and independently usable during operating hours

Slide 21:
What does DOJ expect of Title II entities?
Alterations:  Required to meet new construction standards to the greatest degree feasible
Fixed lift required at each pool and spa unless Title II entity can demonstrate: 
•	financial hardship and/or technical infeasibility
•	overall program accessibility

Slide 22:
Compliance when using portable lifts
•	The fixed lift may include a “portable” or movable lift that otherwise complies with the 2010 Standards and has been attached to the pool deck

•	Portable lift must be in fixed place and operational during all hours open to customers or members of the public

Slide 23:
PROGRAM ACCESSIBILITY
TITLE II:  STATE AND LOCAL GOVERNMENTS

Slide 24:
Program Accessibility
A public entity shall operate each service, program, or activity so that the service, program, or activity, when viewed in its entirety, is readily accessible to and usable by individuals with disabilities. 

Slide 25:
Limitations on Program Accessibility
•	Entities need not make each existing facility accessible to and usable by PWD
•	Does not require an entity to take an action that would destroy historic significance

Slide 26:
Limitations on Program Accessibility
•	Does not require taking action that would result in undue financial and administrative burdens 
•	Does not require taking action that would fundamentally alter the nature of the service, program, or activity

Slide 27:
Fundamental Alteration and Undue Burden
•	Burden of proof is on entity
•	Decisions to be made by head of entity or that person’s designee
o	Take into account all resources
o	Accompany with written statement of why compliance standard cannot be met

Slide 28:
Safety § 35.130(h)
A public entity may impose legitimate safety requirements necessary for the safe operation of its services, programs, or activities. 
•	based on actual risks
•	not based on speculation, stereotypes, or generalizations

Slide 29:
Methods to Achieve Program Accessibility
•	Acquisition or redesign of equipment
•	Assignment of aides to beneficiaries
•	Relocate to alternate, accessible location
•	Structural, architectural changes
•	Home visits

Slide 30:
Reasonable Modifications
•	A public entity shall make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability
o	unless the public entity can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity.

Slide 31:
§ 35.135 Personal devices and services
A public entity is NOT required to provide personal devices to individuals with disabilities
•	wheelchairs
•	individually prescribed devices, such as prescription eyeglasses or hearing aids
•	readers for personal use or study
•	services of a personal nature including assistance in eating, toileting, or dressing

Slide 32:
Questions????
For Q&A within Webinar Platform:  Using your mouse, choose “Great Lakes ADA” from the Participant list and double click.  A tab titled “Great Lakes ADA” will appear in the chat panel.  Type your question in the text box and “enter”.  Your question will be submitted to the presenters.  It will not be viewable by other participants. (Keyboard - F6, Arrow up or down to locate “Great Lakes ADA” and select to send a message)

Via Telephone: The Operator will provide Instructions for asking questions.

Slide 33:
WHAT DOES DOJ EXPECT OF TITLE III ENTITIES?

Slide 34:
What does DOJ expect?
New construction standard:  Fixed lift required at each swimming pool and spa covered by the standards
•	No sharing
•	Portables ONLY if in fixed position and independently usable during operating hours
Slide 35:
What does DOJ expect of Title III entities?
•	Alterations:  Required to meet new construction standards to the greatest degree feasible
•	Fixed lift required at each pool and spa unless not readily achievable for that public accommodation

Slide 36:
Compliance when using portable lifts
•	The fixed lift may include a “portable” or movable lift that otherwise complies with the 2010 Standards and has been attached to the pool deck
•	Portable lift must be in fixed place and operational during all hours open to customers or members of the public

Slide 37:
READILY ACHEIVABLE BARRIER REMOVAL
TITLE III:  PUBLIC ACCOMODATIONS

Slide 38:
Readily Achievable Barrier Removal
§ 36.304 Removal of barriers
•	A public accommodation shall remove architectural barriers in existing facilities, including communication barriers that are structural in nature, where such removal is readily achievable, i.e., easily accomplishable and able to be carried out without much difficulty or expense…

Slide 39:
Readily Achievable Factors
The nature and cost of the action needed;
•	Financial resources of the site or sites involved;
•	the number of persons employed at the site;
•	effect on expenses and resources; 
•	legitimate safety requirements;
•	impact otherwise of the action upon the operation of the site;
The geographic separateness, and the administrative or fiscal relationship of the site or sites in question to any parent corporation or entity; Con’td…

Slide 40:
Readily Achievable Factors (cont’d)
If applicable, the overall financial resources of any parent corporation or entity

If applicable, the type of operation or operations of any parent corporation or entity, including the composition, structure, and functions of the workforce of the parent corporation or entity.

Slide 41:
Priorities for Barrier Removal
PRIORITY 1
•	provide access to a place of public accommodation from public sidewalks, parking, or public transportation
•	installing an entrance ramp
•	widening entrances
•	providing accessible parking spaces. 

Slide 42:
Priorities for Barrier Removal
PRIORITY 2
•	provide access to those areas of a place of public accommodation where goods and services are made available to the public.
•	adjusting the layout of display racks
•	rearranging tables
•	providing Brailed and raised character signage

Slide 43:
Priorities for Barrier Removal
PRIORITY 3
•	provide access to restroom facilities
•	removal of obstructing furniture or vending machines
•	widening of doors
•	providing accessible signage
•	widening of toilet stalls
•	installation of grab bars. 

Slide 44:
Priorities for Barrier Removal
PRIORITY 4
•	any other measures necessary to provide access to the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation

Slide 45:
I’ve provided a lift, do I need to do anything else?
•	If you’ve provided a lift or other accessible means of entry to your pool, it needs to be maintained so that it is available and in working condition when the pool is open.
•	Understand the type and frequency of maintenance that your particular type of equipment requires.
•	Certain types of equipment may require more staff support and maintenance than others (e.g. ensuring there are enough batteries for a pool lift to maintain a continued charge during pool hours). 
•	Entities should plan for these issues and modify operational policies as needed to provide accessible means of entry while the pool is open.

Slide 46:
I’ve provided a lift, do I need to do anything else?
•	Ongoing staff training is essential to ensure that pool facilities (particularly pool lifts) are available whenever a pool is open. Staff should know:
o	How to respond to requests or questions from individuals with disabilities;
o	What accessible features or equipment are available;
o	Where they are located;
o	How to properly and safely set up and operate the accessible equipment; and
o	How and when to perform maintenance. 

Slide 47:
DOJ on the fear that pools/spas may have to be closed
•	“Closing a pool or spa will never be required if it is not readily achievable to comply with the requirements regardless of the reason that it is not readily achievable”
•	The same basic concept applies to Title II entities and program accessibility

Slide 48:
Questions????
For Q&A within Webinar Platform:  Using your mouse, choose “Great Lakes ADA” from the Participant list and double click.  A tab titled “Great Lakes ADA” will appear in the chat panel.  Type your question in the text box and “enter”.  Your question will be submitted to the presenters.  It will not be viewable by other participants. (Keyboard - F6, Arrow up or down to locate “Great Lakes ADA” and select to send a message)

Via Telephone:  The Operator will provide Instructions for asking questions.

Slide 49:
Appendix:  ADDITIONAL ADDAG FIGURES

Slide 50:
ADA Standards Figure 1009.2.2 Pool Lift Seat Location 

Slide 51:
ADA Standards Figure 1009.2.3. Clear Deck Space at Pool Lifts (36 inches min x 48 inches min. 

Slide 52:
ADA Standards Figure 1009.2.4 Pool Lift Seat Height 

Slide 53:
ADA Standards Figure 1009.2.8 Pool Lift Submerged Depth 

Slide 54:
ADA Standards Figure 1009.3.2 Sloped Entry Submerged Depth 

Slide 55:
ADA Standards Figure 1009.3.3 Handrails for sloped entry 

Slide 56:
ADA Standards Figure 1009.4.1 Clear Deck Space at Transfer Walls.  60 inch minimum parallel to the Pool Deck for side approach and 60 inches minimum for a front approach 
Slide 57:
ADA Standards Figure 1009.4.2 Transfer Wall Height.    16-19 inches from pool deck to top of transfer wall 

Slide 58:
ADA Standards Figure 1009.4.3 Depth and Length of Transfer Walls   Length – 60 inches minimum.  Depth 12-16 inches 

Slide 59:
ADA standards Figure 1009.4.5 Grab Bars for Transfer Walls 24 inches min between grab bars where two grab bars are provided.  24 inches minimum clearance on each side where only one grab bar is provided 

Slide 60:
ADA Standards Figure 1009.5.1 Size of Transfer Platform 24 inches minimum width and 19 inches minimum depth 

Slide 61:
ADA Standards figure 1009.5.2 Clear Deck space at Transfer Platform   60 inches minimum for both side approach and front approach 

Slide 62:
ADA Standards Figure 1009.5.4 Transfer Steps 8 inch maximum rise for each seat level.  18 inches minim depth below stationary water level 

Slide 63:
ADA Standards Figure 1009.5.6 Size of Transfer Steps   24 inches minimum width and 14-17 inches for depth of step 

Slide 64:
ADA Standards figure 1009.5.7 Grab bars 

Slide 65:
Contact
Troy Balthazor, ADA Specialist 
Great Plains ADA Center, Member of the ADA National Network
Email: balthazort@missouri.edu

Slide 66:
Thank you for participating in today’s ADA-Audio Conference Session
The next scheduled session is:
Throwing the Switch: Empowering Advocates to Make the Most of Current Trends in Disability and Technology Policy
March 19, 2013
Register at:  www.ada-audio.org or call 877-232-1990 V/TTY