July 2009 Newsletter

July 2009

In This Issue

Guest Article

Getting to Know Our SAI Providers

SAI Training Schedule

Host A Splash Bash

Getting to Know Your SAI Staff

SAI Updates

Pool Access: Alterations and Repair To New Construction ... And Beyond (Part II)

By John N. McGovern, President, Recreation Accessibility Consultants LLC

Last month, we featured Part I of John's article, and this month we conclude with Part II. To request the article in its entirety, please send an email to sarap@hkusa.com.

John McGovern has for decades worked to make certain that recreation environments and programs are accessible to and enjoyable by people with disabilities. He served on each of the US Access Board federal advisory committees and has been a key figure in the development of inclusion processes and models. He has worked closely with the National Recreation and Parks Association to promote opportunities for access and inclusion training for members of NRPA. He is now the President of Recreation Accessibility Consultants LLC and advises parks and recreation agencies on compliance with the Americans with Disabilities Act.

What are the Access Requirements if a Pool Project is an Alteration?

This is actually a pretty common-sense issue. First, the element being altered must comply with the accessibility guidelines. Second, a path of travel must connect this newly altered element to other accessible elements at the site. As an example, let's use the addition of 48 lockers to a locker room that already has 52 lockers.

First, the swimming pool technical requirements are found at Section 1009 of the ADA/ABA Guidelines. Second, locker room guidelines are found at sections 222 (scoping) and 803 (technical requirements). These sections may also refer to other sections.

Your first step is to realize you now have 100 lockers in the locker room. Section 222 requires that where locker rooms are provided, 5% or at least one, shall meet the technical requirements for access in section 803.

In our hypothetical 100-locker locker room, we now need at least 5 to comply with 803.

The next step is to look at the locker room and compare it to section 803. Answer these questions:

·                     Are 5 of the lockers designated as accessible lockers?

·                     Is there adequate turning space?

·                     Is the door configured so that it does not swing into clear floor or ground space required by    the ADA?

·                     Is a locker bench that complies with Section 903 of the ADA/ABA Guidelines available in the room (this is one of the most frequent failures...typical benches are not compliant).

·                     Are coat hooks and shelves in the locker room compliant with the reach ranges in Section 308 (54" aff for a side reach and 48" for a forward reach...by the way, as a best practice save yourself the trouble and use 48")?

The path of travel is a bit more complex. Let's imagine that there are other accessible elements at the pool...restrooms, showers, a pool lift into the water, a concession stand, the manager's office, the first aid office, and the picnic tables. In its simplest sense, the path of travel from the newly altered (and now accessible) lockers would connect to other accessible features, like the accessible restrooms in that locker room, the accessible shower in that locker room, an accessible drinking fountain, the managers office, and even all the way out to accessible parking stalls.

The discussion above is simple.

The complex part of this discussion is the concept of disproportionality. A swimming pool alteration project may (it does not have to) limit the path of travel costs to 20% of the cost of the alteration. Let's keep this simple...with a $100,000 alteration project, an entity (hotel, local government, YMCA) could limit path of travel costs to $20,000.

What About State or Local Access Codes?

Some states have a state accessibility code that may, in some instances and in relation to some elements, be more stringent than federal codes. Some of these states with access requirements include Illinois, New Jersey, Florida, California, New Mexico, and Wisconsin.

Be sure to know your own state requirements. And, some large counties and cities have developed access codes. Access does begin at the local level.

New Construction

In 2002 the Access Board published a final guideline on swimming pool access. That's 7 years ago. There is no reason not to know these guidelines, and hold your designer to these guidelines. Call it a best practice if you want, but it is also good risk management. The Department of Interior, in complaints against local governments, does start dispute resolution with the Access Board guidelines. This is a good example of a $7,000 investment for a pool lift saving you hundreds of thousands of dollars in legal fees.

There is some debate as to what date triggers new construction. However, again as a best practice or risk management practice, assume that any pool designed or constructed after 2002 should comply with the pool final guideline. Certainly, any pool designed or constructed after today should do so.

Designing or constructing a small pool of less than 300 linear feet of pool wall? Install a sloped entry or a pool lift.

Designing or constructing a big pool with 300 linear feet or more of pool wall? Install a sloped entry or lift, and then install a second means of water access, which can be one not first installed, and can also include a transfer system, transfer wall, or pool stairs.

The technical requirements for these means of access are spelled out clearly in section 1009 of the ADA/ABA Guidelines. Don't forget that pool lifts must be independently operable and out at the pool during open swim hours.

The Access Board provides excellent technical assistance regarding the swimming pool final guideline. Reach them at www.access-board.gov at 202/272-0080.

Don't Forget Title II and Title III Requirements

Now that you have relaxed and think that pool issues are all about bricks and mortar, let's add another layer. Existing pools must also meet ongoing obligations for access. In this arena though, the rules for pools owned and operated by businesses and nonprofits are different than for pools owned and operated by governments.

Governments (counties, cities, special purpose park districts, states, townships, etc) that have a pool are subject to the title II section 35.150(b) program access test. In a nutshell, this requires entities to, if it operates a swimming pool, to make certain that the program of swimming is accessible. At least one existing pool would have to be renovated for access. So a city with two pools would probably select the one most heavily used, or most recently constructed, and retrofit it for access.

But what about a county with 10 existing pools? Is it enough to just select one pool and make it accessible? Likely not. This author suggests a minimum of 1 of every 3 similar sites, like swimming pools, be renovated for accessibility.

Finally, what about a small village with only one swimming pool? Unless a pool is on the drawing boards for the immediate future, stop procrastinating, stop arguing, and make it the highest priority to make that unique site accessible.
This reflects the intent of Congress, which was to require states and local governments to do more with regards to access than businesses and nonprofits.

Businesses and nonprofits have a completely different test for existing facilities, one that is considerably easier to meet. Called ready achievability, it requires a business or nonprofit to retrofit an existing site if it is "easily accomplishable and able to be carried out without much difficulty or expense". Found in the title III regulation at 36.304, it imposes an ongoing obligation for a hotel, health club, or nonprofit to continually evaluate the accessibility of the swimming pool and, when to do so is readily achievable, remove barriers at the pool.

Section 36.304(b) lists 21 examples, some of which are found in aquatics environments, such as replacing turnstiles, removing stairs, making curb cuts, lowering shelves, or installing offset hinges to widen doorway width. Do note these 21 items are just examples and are not an all-inclusive list.

Unlike governments, Congress gave businesses a way to pay for access modifications. Both a tax credit and tax deductions are available to qualifying businesses. Visit your tax consultant on this issue or check the Department of Justice website at www.ada.gov. The Department of Justice also offers great technical assistance for businesses, nonprofits, and governments at 202/514-0301.

This author believes that the larger the corporation and the bigger the operating budget and profit, the harder it is to claim that barrier removal at an existing site is not readily achievable.

Conclusion

The ADA became the law of the land almost 20 years ago. The swimming pool guidelines have been final since 2002. Failure to make new pools accessible is inexcusable.

When altering existing pools, pay attention to title II and title III requirements and add access features when required to do so.

If a government, complete the required self-evaluation of pools and determine which will be made accessible. If a business or nonprofit, identify barriers at your pools and determine if removal is readily achievable. Be certain to distinguish the program access test for governments from the ready achievability test for businesses and nonprofits.

This article is not legal advice. Persons interested in legal advice regarding the
application of the ADA to swimming pools should consult a qualified attorney.

Getting to Know Our SAI Providers

In each issue, SAI will feature one of its providers. This month, we interviewed Corey Swaim, Director of Parks and Recreation for Shipwreck Cove in Duncan, South Carolina.

The little town of Duncan, located in the northwest corner of South Carolina, doesn't sound like a place where over 1,000 people would flock to Shipwreck Cove every Saturday...but that's exactly what has happened since Duncan opened its new waterpark on June 12th.

"It's been fast paced ever since we opened," says Corey Swaim, Director of Parks and Recreation for the Town of Duncan. "Even though it rained the entire first week we were open, we have averaged over 500 people each day."

Duncan is one of a triad of small towns making up the renowned District 5 school district, a national football powerhouse. Located between Spartanburg and Greenville, the region is growing quickly.

Duncan1

"We are located just off Interstate 85," explains Corey. "Thus far, about 10% of our visitors have come from out of state, which is a positive indicator as we look toward the future with the hopes of establishing our park as an aquatic recreation destination."

Corey's background in construction management served him well as the pool was built. It took approximately two years from concept to opening, with construction of the pool beginning in September 2008. His undergraduate degree in philosophy and master's degree in health and exercise undoubtedly have contributed to his positive attitude and enjoyment in running the new facility!

Duncan Fire Chief Barry Frost was instrumental in working with the mayor and town council of Duncan to get the project off of the ground. StarReviewer Mike Emmel, a firefighter in a neighboring town, introduced Chief Frost to the Starfish Aquatics Institute.

In addition to providing all of their lifeguard instruction training, SAI served as a consultant to the Town of Duncan prior to the opening of the facility.

"We are often retained to review the plans," explains Leslie Donavan, President of SAI. "By working with the architects, we can save clients thousands of dollars in payroll expense by reviewing sight lines and other safety features prior to construction." Duncan3

"It was very helpful to have SAI do a pre-opening inspection," adds Corey. "They look at different things than the state and county inspectors. They assisted us with the points of visibility, recommended station locations and the safety components related to the equipment."

Duncan is committed to operating a safe facility, with plans to expand and grow over the next several years. They signed on to SAI's risk management program from the very beginning, and will receive three StarReviews this summer. Their first review took place shortly after the facility opened, and SAI was able to assist Duncan in smoothing out a few wrinkles in the operation of their brand new water park.

Duncan2

"Next, we plan to sign on with Starfish Swimming," says Corey. "We want to offer swim lessons to the community, and look forward to working with SAI on our swim program."

"We're excited to have Duncan join the SAI family," says Leslie. "Their commitment to quality and to safety makes them a perfect fit with our training philosophy."

SAI Training Schedule Fall 2009 - Spring 2010

Starfish Aquatics is pleased to announce the following trainings for 2009-2010.

Please note:

This schedule is current as of the date of publishing. Courses will be added throughout the year, so check back often.
Call for information about how to access our online registration system and obtain complete details of all training events.
Would you like to host a training session? Contact Carmel Middelbos at 217-403-7716 or carmelm@hkusa.com for details.

July 2009 Sarasota, FL

· StarGuard Instructor
August 2009 Atlanta, GA

·       Starfish Swimming Program Facilitator
·       Starfish Swim Instructor Trainer
·       Starfish Swim Instructor
September 2009 Amarillo, TX

·       StarGuard Instructor
·       AquaTech Operator and Instructor
·       Emergency Care Instructor
October 2009 New York, NY

·       StarGuard Instructor
·       AquaTech Operator and Instructor
·       Emergency Care Instructor

October 2009 Orlando, FL

·       StarGuard Instructor
·       Starfish Swimming Program Facilitator
·       Starfish Swim Instructor Trainer
·       AquaTech Operator and Instructor

· Emergency Care Instructor

November 2009 Savannah, GA

·       StarGuard Instructor
·       Starfish Swim Instructor Trainer
·       Starfish Swimming Program Facilitator

· AquaTech Operator and Instructor
· Emergency Care Instructor

November 2009 Colorado