Last updated: November 15, 2017
What is the ADA?
The Americans with Disabilities Act (ADA) requires swimming pools, wading pools and spas to be readily accessible and usable by individuals with disabilities. The U.S. Department of Justice (USDOJ) has adopted revised and enforceable accessibility standards called the 2010 ADA Standards for Accessible Design. These standards set minimum requirements for newly constructed or altered public swimming pools, wading pools or spas and for any existing public swimming pool, wading pool or spa that meets the definition of public accommodation.
Maryland regulation, COMAR 10.17.01.37, states the owner shall ensure that a public pool or spa is in compliance with applicable federal, state and local codes governing facilities for disabled individuals.
Who is required to comply with the ADA?
Places of public accommodation are required to comply with the 2010 ADA Standards. To determine if your facility is required to meet the 2010 ADA Standards, please see the information and guidance provided on the ADA website. You may also contact the USDOJ for assistance at 1-800-514-0301.
When do the new ADA requirements take effect?
Modifications must be completed by January 31, 2013, to comply with the 2010 ADA Standards. Site plans and equipment specifications must be submitted for review and approval to the Department of Health if modifications are being made to the facility. For more information on the requirements to comply with the 2010 ADA Act, click here.
What information must I submit to indicate my facility is ADA compliant?
Each facility must submit a completed ADA Affidavit for Maryland Public Pools and Spas by January 31, 2013. For affidavit form, click here. In subsequent years, an Affidavit must be submitted annually with the Operating Permit Application.
What if I am unable to comply by January 31, 2013?
An owner of a swimming pool or spa must submit to the Department of Health by March 15, 2012, a completed ADA Affidavit that indicates one of the following:
- Plans will be submitted by September 15, 2012, to bring the facility into full compliance with these standards; or
- The facility is required to meet the 2010 ADA Standards but compliance is not readily achievable at this time.
What if it is determined I am not a place of public accommodation?
If your facility is not a place of public accommodation, you are not required to meet the 2010 ADA Standards. The owner must submit a completed ADA Affidavit stating that the facility is not required to comply with the standards by March 15, 2012.
What if I fail to comply?
The Department of Health will not schedule any opening or annual inspections or issue the operating permit for the 2012-13 calendar years if the ADA Affidavit has not been received by the Department of Health. For affidavit form, click here.
Where can I obtain additional information about the Act?
More information can be found at the ADA website or:
Anne Arundel County Department of Health
Environmental Health Bureau
Public Swimming Pools and Spas Program
3 Harry S. Truman Parkway
Annapolis, MD 21401