ADA Pool Retrofits: Don’t Go Off the Deep End

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Chip Tatum, Government Affairs Director

Florida Apartment Association

Email: chip@fl-apartments.org

Mobile: 321-277-8401

In September 2010 the Department of Justice published new ADA regulations that require costly retrofits to "public" pools, among other things.  Also, it appears that there are a number of contractors and risk assessment professionals who may be misinterpreting the intent of the new regulations.  These individuals have advised apartment management that they are required to make these costly retrofits to their pools.  Before your company digs into the "deep end" of its checking account be sure that it is required to, because according to NAA/NMHC, chances are your community pools are exempt.

It is NAA/NMHC’s opinion (click here for White Paper) that the vast majority of apartment community pools and spas are exempt from the new regulations if they are for the exclusive use of residents and their guests.  If, however, your pool is rented out or used by the general public for any reason, you may be required to retrofit.  We recommend that you review the White Paper that is linked from this article for more information.

As always, if you have any questions please don’t hesitate to contact me!