# Portable seat lifts for pool - is it "unassisted operation"?



## Yikes (Nov 21, 2016)

I have a client that owns many apartment complexes that have swimming pools.  They want to comply with ADA for the seat lift, but they've had several accidents with children who play on the lift, use it like a swing or diving board, etc.  Therefore, they would prefer to use a portable lift, like this one, and keep it stowed towards the far edge of the pool deck.
ADA / CBC 11B-1009.2.7 requires that "the lift shall be capable of unassisted operation from both the deck and water levels".
Portable lifts can provide "unassisted operation" once they are set into position at the edge of the pool.  But if the portable lift is stowed away from the pool for safety reasons, then assistance is likely required to wheel the lift over into position in the first place.

QUESTIONS:
1.  Is it OK to use a portable seat lift and keep it stowed away from the pool until needed?
2.  Is it a reasonable accommodation to ask the apartment tenants to call a few hours in advance so that management can roll the seat lift into place?


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## fatboy (Nov 21, 2016)

It is my understanding that the lift must be readily available at all times. I can't tell you where or how I came to that understanding.


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## Yikes (Nov 21, 2016)

fatboy, yes "readily available" is implied by "capable of unassisted operation".
The problem is, if it is "readily available next to the pool, the kids start climbing on it, jumping around on it like it was a diving board, etc.  They've had accidents in the past.


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## mark handler (Nov 21, 2016)

Community pools that are associated with a private residential community and are limited to the exclusive use of residents and their guests are not covered by the ADA accessibility requirements.

https://www.ada.gov/qa_existingpools_titleIII.htm

It is not clear in the CBC.call the DSA


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## Yikes (Nov 21, 2016)

Mark, this is publicly funded housing (tax credits for low income apartments).  TCAC also requires the project comply with ADA.
But yes, I will call DSA.


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## mark handler (Nov 22, 2016)

Yikes said:


> Mark, this is publicly funded housing (tax credits for low income apartments).  TCAC also requires the project comply with ADA.
> But yes, I will call DSA.


The units should comply with HUD's Fair Housing Guidelines, not ADA.


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## ADAguy (Nov 22, 2016)

Yikes, who owns and operates the facility, if a city or county they are under T-II program regs.


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## Yikes (Nov 22, 2016)

It is owned by a not-for-profit, and the residents use section 8 vouchers, and the rehab is financed via tax credits.  FYI, a couple of years ago, attorneys for the city of Los Angeles compiled and "Accessibility Regulations Matrix" for affordable housing (regs other than the  building code itself).  Here was their findings.  Even though the project is about 20 miles away from City of LA, I still tend to use this guide:


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## ADAguy (Nov 22, 2016)

Thank you, good stuff.


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