Do I have to have an ADA sauna in my wellness spa?
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Do I have to have an ADA sauna in my wellness spa?
I have heard it's not a "required therapy" but how can I protect myself if someone wants to sue me for not having an ADA compliant one?
Hello! My name is Dolan and thank you so much for contacting me! I just had a few quick questions for you:, Lindsey. When you said "ADA sauna," what is it you were thinking? Are disabled people able to get in it at all, even with help?
Well there are only a few on the market that have wide enough doors for wheelchairs and also include ramps. If I do NOT get one of those, the door will not be large enough for a wheelchair, but it would be large enough for two people, so if they are not wheelchair bound, another person would be able to assist them into it.
Got it! They can get into your facility overall though, correct? Do you have anyone who could assist a wheelchair bound person to get in? This will dictate whether you're in compliance.
Yes, everything else in the facility is ADA compliant. Are you asking if there's anyone who could assist them to get into the building? Or into the sauna?
Ok! Did you need to tell me anything else? If not, I can start with answering your question.
No, that's my main question for the moment.
Also, to your 2nd question, yes, assisting them into the SAUNA
No... I would not have anyone qualified to help them into the sauna if we got one that wasn't compliant.
So legally speaking sauna rooms just need to be "accessible." What this means is that they just need to be wide enough for an individual to come in and swing out in a way that would not block someone in between any seating and the door. This means it needs to swing out into the facility. The law does require that the sauna be big enough for a wheelchair to fit inside and be able to turn around in. So for example, most people can get into the sauna by closing their chair, but it has to be big enough for them to be able to sit down in their chair inside of the sauna and turn around - https://www.access-board.gov/ada/guides/chapter-6-saunas/ So what this means for you is that the doorway doesn't have to be big enough. Just the inside. If you have someone who can provide accommodations by assisting someone who needs it, that can help!
Thanks! I think we responded at the same time. My apologies. Nevertheless, I would just check the sauna space to see if it's at least reasonably big enough to fit a chair inside the sauna itself. It only has to be one chair.
Ahh okay I see. I will not have an entire room that is a sauna though. I don't think I explained that initially. I will have a room with a stand alone pre-fab sauna that will be built inside the room. Hopefully that makes sense. So it will be a door leading into a room that will have a sauna inside with it's own door. Would these same laws still apply in that situation? This is a small wellness spa, not a large gym or spa that would acommodate several people in the sauna at once.
The sauna itself would be for only 2-3 people. Another issue I have is that if I get an ADA prefab sauna, there may not be enough space inside the room in front of the sauna for a wheelchair to turn around.
Thanks for clarifying! It's not 100% clear. The ADA says that when two or more saunas/steam rooms are clustered together, then at least one has to comply. The thing is if you just have one sauna room in this case, then it doesn't actually make a difference. So this means that the wheelchair requirement would be exempted under that ADA link from below.
So then I don't legally have to have an ADA sauna? I would like to have one, but the space is a big issue. I wouldn't be vulnerable to being sued or something if someone in a wheelchair came in and isn't able to use it? I have other services that will be ADA compliant
Correct; in this case, under these circumstances, it fits the exception. The intent of Congress passing this law was to get those places that have multiple saunas or steam rooms to have at least one be accessible, but if it's just one, then the exemption is met. Of course, there is ALWAYS the chance someone will try to sue you. The law says: "Where two or more saunas or steam rooms are clustered at a single location, no more than 5% of the saunas and steam rooms, but no fewer than one, of each type in each cluster shall comply (§241).: What this means is IF you have TWO or more saunas or steam rooms clustered at a single location then at least one, and more than 5% of the rooms total, need to be accessible.
Okay, gotcha. Thank you for clarifying that! One last thing, IF someone did try to sue about that, would I be protected under that law by being the exception?
Correct! That exception is your defense. My recommendation is to just make sure your insurance carrier covers these kinds of issues because oftentimes your carrier will just offer to pay a settlement to make the issue go away permanently. You're going to find a very small number of people who will decide to sue, but you want to be prepared.
Okay, that is super helpful as insurance is my next step. Thank you so much!
For sure! Were there any details I missed? Were there any concerns you still needed to be addressed?
I do have a question as to whether or not I need an attorney/lawyer to help with creating waiver forms for the services I'm providing?
Sure thing! I can definitely help with that. Because you are a member, you get a 10% discount on jobs. I can create a template for you. If I can clarify, do you have waivers already that you need reviewed or do you need waivers from scratch? Also, is it just for the sauna issue?
I would need them from scratch. The sauna is the main one, but also possibly for halotherapy (dry salt that's breathed in) and red light therapy.
You got it! The normal fee for these would be $*** each ($****) However, because it's all in one and because of your discount, I can do all of them for just $*** as a one-time fee. Your satisfaction is guaranteed and you get as many revisions as you need until it's to your liking.
I sent over an offer to you. It should come over via email. Let me know if you're cool with it and I can get started on it right away! I can upload the documents through this site securely!
Okay great, I'll take a look and will need to run it by my husband/business partner as well. Then I will back to you! Thanks so much!
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