Good afternoon. Welcome to the 2002/2003 ADA Distance Learning Program. We would like to welcome all of our participants from across the country. This program is supported by the ten regional Disability and Business Technical Assistance Centers. Today we embark on a new series of sessions for the next 12 months. We have expanded the program to 90 minutes for each session. We are utilizing a variety of different technologies and have transferred to use of streaming text on the internet. Those of you who wish to access the captioning on the Internet can do so through the Great Lakes ADA website at www.adagreatlakes.org and follow the links. I would like to welcome today Peggy Greenwell and Bill Botten from the U.S. Access Board. Hi, Peggy and Bill.
Hello
Good afternoon Our session is focused on the new Recreation Facility Access Guidelines released by the U.S. Access Board in September of this past year, just a short time ago. You can view the slides of this show on line on the Great Lakes website or you may have received a hard copy of the slides. If you are viewing them on-line, please note they are graphically loaded. They may take a few minutes to download. There are a total of 55 slides in this session so It is a very action-packed session with lots of information. There is also a text version of the slide presentation available on-line as well. Again, go to our website if you have not already at www.adagreatlakes.org and follow the links. Well Bill and Peggy we are excited to have you here today. And I would just like to take a minute introduce both of you before we get the session started. Peggy has been with the Access Board for a number of years. She is an Accessibility Specialist and with them since 1992. Her responsibilities include providing technical assistance and training on the Americans with Disabilities Act Accessibility Guidelines and the Uniform Federal Accessibility Standards (UFAS ). She specializes in access issues related to recreation facilities and is coordinating the development of Accessibility Guidelines for the facilities such as sports facilities, amusement parks, play areas, golf facilities, swimming pools, boating and fishing facilities as well as outdoor developed area. Her work includes responsibility for the coordination of the Board''s Recreation Rule Making and has included three Federal Advisory Committees, two of which were Regulatory Negotiations. Bill is an Exercise Physiology graduate from the University of Kansas who joined the Access Board in May of 2000. Previously he was the Director of the Office of Accessible Seating Services for Century Management, a national sports arena management company. His responsibilities included ensuring compliance with state and federal accessibility requirements for all managed properties as well as working with design and construction officials during arena construction and alterations. He has years of training experience with local, state and national audiences on injury prevention, disability awareness, and sensitivity and accessibility issues. Currently he is part of a team developing the guidelines for the ADA and the Architectural Barriers Act and his specialization in access issues is very specific to the area of recreation facilities and he provides technical assistance as well. We have two very experienced and qualified individuals with us today. Just to give you an idea of how the session will run. We will entertain questions during the session. Both Bill and Peggy will cover the content of the session. We will break in the middle to allow for questions at that time and then resume with content. So in the first section if you have not heard the particular issue you are interested in, just hold on, we will get to it. You will be able to ask them questions as we proceed. At this time, I would like to turn the session over to Bill and Peggy.
Thank you Robin and welcome to our session. It is a great pleasure to be here and talk to you about our Final Rule as Robin mentioned that was just issued on September 3rd of this year. So it has been out there for about a month now, but it is something we have worked on at the Board for over ten years. I am going to begin with some background information about the rule. And just in terms of the format we will go through the presentation, I am probably going to do about half of the presentation and I will talk to you about several elements up to the boating and fishing facilities and then Bill Botten will take over and talk to you about golf courses, miniature golf, exercise equipment, sports facilities and swimming pools. So I am going to begin with the background information. Currently most of you are aware that the standard under the ADA for accessible facilities is ADAAG, and that would be the standard under Title II or III. Obviously the ADA has covered recreation facilities since it has been effective however we have not had specific guidelines or told people just what that means in terms of recreation facilities. And so while there was a general obligation to provide access, there were no specific guidelines to give people direction on what that meant. On the slide you will see a list of table of contents from ADAAG, and you will see later on how we have kind of filled in the blanks with the Recreation Facility Rule. For those of you not familiar with the Access Board, we are an independent Federal agency. We are not a part of the Department of Justice. We operate with about 30 staff and a governing board that is made up of representatives of all the major Federal Agencies as well as public members appointed by the President. The Board makes all final decisions on our rule-making within the Agency. We have responsibility for standards, guidelines and standard developments within several regulations including the Architectural Barriers Act of 1968 and the ADA and more recently the Telecommunications Act and Section 508 of the Rehabilitation Act Amendments of 1998. We have major responsibilities for technical assistance and training and do conduct several research projects, particularly with recreation facilities. We did focus our interest in research on several areas with regard to swimming pools, play areas, and surfacing to give you an example of some research projects that we have conducted. And then finally compliance and enforcement is not with the ADA but rather with the Architectural Barriers Act, which is the regulation that covers Federal facilities. So, when we started on this work, back in 1993, that was our initial effort to develop accessibility guidelines. We started with an advisory committee. There has been significant public input into this rule over the ten years that we have been working on it . The first advisory committee gave us recommendations; some of you may be familiar with a book of white color that had recommendations for accessibility guidelines for recreation facilities. That was the very first document. We took that document and put it out for public comment, "Advance Notice of Proposed Rule-Making." We received over 1200 comments on that document. We then went from there to "A Notice of Proposed Rule Making," and "A Notice of Draft Final Rule" that was in 2000. During each of those comment periods we heard from real diverse groups and individuals whether they were users, operators, or manufacturers. Our last document was published in 2000, and it was 2002 when we published this rule. The delay that we had was completing our work that does a cost analysis of the rule. That work finally was reviewed and approved by the Office of Management and Budget in late August and that is when the rule was published early September following that approval. Now, to give you more background information about these guidelines, you can see on Slide 7, the Table of Contents. This is the second page of ADAAG as you may have copies in your office. You can see at the very bottom there, Section 15, we have now added Recreation Facilities. That is what we are going to be talking about here. Just so you can get an idea of how this will fit into the overall document. Now, this work has not been adopted by the Department of Justice. So, at this time, we would recommend these guidelines for guidance in terms of making accessible recreation facilities. It certainly could be considered a safe harbor in terms of any new construction or newly designed buildings or facilities. And that is the obligation there is not an intention here that you need to go back and redo all existing facilities or ones that you just completed to comply with the guidelines. Rather, there are already responsibilities under the regulations for existing facilities, which under Title II of course, would be the program accessibility and under Title III would be the Readily Achievable Barrier Removal. We think that it is very important that these guidelines have finally been completed. For many many years we have been getting requests for guidance and people asking "How to make the facilities accessible." While people could use ADAAG as the basis for making some decisions, there was obviously some very unique elements in recreation facilities that needed to be addressed. It is significant. This is the first time we have Federal Guidelines. There are states that had some guidelines and some recreation guidelines, some specific types of facilities but there has never been Federal Guidelines. So this is a significant step. The other thing is the incorporation end to ADAAG. Once we revise ADAAG which is hopefully going to happen sometime in the near future, all of these guidelines will be incorporated into that document. So for designers and planners, once they have this copy of ADAAG, they will have guidelines for recreation facilities along with all the requirements for accessible vehicle parking or toilet rooms, etc. They will all be in one document. In this particular rule, we addressed amusement rides, boating facilities, fishing piers and platforms, golf courses, miniature golf and play areas. While play areas are included in this rule, it was already published in October of 2000. We do have some additional technical assistance material on that already available. So we are not going to discussing that particular rule today. But, we also include sports facilities in this document, and swimming pools, wading pools and spas. I am going to begin with amusement rides and just to clarify first off what the application is intended, as you know, ADAAG has guidelines for newly constructed newly designed facilities and then altered facilities. When we talk about new with regard to amusement rides we are talking about the first use, the first-time rides patrons go on the rides. A ride would not be considered new if it was just moved from one park to another or from one side of the park to another area of the park. When you would trigger the guidelines for altered rides would be basically in two conditions. One, if the changes to the ride, ride structure or operational characteristics that alter the ride''s performance. When that kind of work occurs, then you would trigger the alterations provision for the application of these guidelines for that particular ride. Or, if you have a newly designed and constructed load/unload area. In this case, what that would mean is if you were moving a ride from one area of the park to another, and once you moved it to the other area and you built a new load and/or unload area you would trigger these guidelines. A reminder though with altered rides, the application of technically infeasible would apply in this situation. With regard to existing rides, those that are not being moved altered or that are not new, then the readily achievable barrier removal requirements for Title III entities would apply. Now, there are some exceptions to this rule in terms of coverage. It is not intended that these guidelines apply to mobile or portable rides. Those rides that you might find in a fair or carnival. They certainly could be used as a guide. These rides tend to be very different in terms of their design compared to those rides that are in a permanent facility. At this point in time, these guidelines do not apply. It does not disregard the general obligation under the ADA to provide access. It is not an exception from the ADA, rather, the application of these particular guidelines. The next three types of rides that are not covered include rides without seats, and those rides that someone may lay down on to go on this ride. 1) Rides that are controlled or operated by the rider. Here we are talking about bumper boats and cars, where the rider actually controls the ride. 2) And finally those that are designed primarily for children and here we are talking about those very small rides. Not where the caregiver or adult or parent gets on the ride with the child. Only those rides that are designed only for young children. So while the application of these guidelines does not apply to those three types of rides, there is still a requirement for a accessible route. The accessible route is required to the load/unload area of those rides. However, the specific guidelines for the actual ride do not apply. With regard to what is required per ride, there is a choice of three options, and this is the choice that the operator/designer has in terms of providing access. The first is to provide a wheelchair space. That is something that many permanent parks with permanent rides have accomplished already. With obviously some rides that this will not be an appropriate choice but that is one of the choices. Another choice is to design the ride seat for transfer. In other words, someone would be able to transfer right from their wheelchair or mobility device directly on to the seat. Finally, that the ride would be designed for use with a transfer device. This would be some type of external device that would provide the opportunity for someone to transfer from a transfer device on to the ride seat. Again, it is the choice of the operator or the designer to decide what type of access will be provided. The guidelines also include a signage requirement that is posted before the queue line that would indicate what type of access is provided. So that if someone were deciding to go on the ride, they would know prior to getting into the line, what type of access, whether it is a wheelchair space or it is a transfer ride. We have technical provisions for all those different types of access and we will not go into a lot of detail here. But for the wheelchair spaces (slide 13), we are showing one of the figures we have, Figure 58, which basically tells you the space requirements. It does allow you to have some protrusion into that space and the wheelchair space provisions also address the width and length of the space and any gaps that might occur from the load/unload platform onto the ride, actually wheeling on to the ride. With regard to openings for wheelchair spaces, your basic 32-inch minimum is required. Where there is seating provided for more than one rider, we have a requirement for companion seats if the interior width of the ride is greater than 53 inches and if the wheelchair is not required to be centered on the ride. These are two caveats that go along with the companion seat requirement. Where shoulder-to-shoulder seating is provided, the expectation is that it would be provided here as well. OK, with regard to the ride seats designed for transfer, again with this option what we are looking at is the option to transfer right from your chair or transfer device directly on to the ride seat, so we are looking at one type of transfer here (slide 15) . We have requirements for clear floor ground space, the basic wheelchair stationary space, 30 inches by 48 inches and the height of the ride seat, we have quite a range permitted here, it goes from 14 inches minimum to 24 inches as a maximum. When it comes to the actual entry, or the space between the ride seat and the load/unload platform, we have left it more in the venue of a performance requirement. So basically it needs to be designed so that one can make that type of transfer in terms of the size of the opening and then finally a wheelchair storage space is required on the load/unload area. It is not required to be a constructed element. It is just a space so that there is sufficient space in the load/unload area to allow someone to leave their wheelchair or mobility device. There are technical provisions for a transfer device that would be used with an amusement ride similar to those for the seats designed for transfer, in that we require the clear space adjacent to the transfer device. This is a situation where one may be transferring from their wheelchair or mobility device on to another type of lift, or transfer system. The height of that seat for the transfer device is the same as the ride seat, the 14 inch to 24 inch range. And again the wheelchair storage space that would be in the load/unload area for someone to leave their device. When it comes to this option, it is also anticipated that with transfer devices there may be a need for more than one transfer and we recommend where possible that there be a limit in terms of the number of transfers required. We also recommend that where there is a need to transfer up or down from that initial transfer that it be no more than 8 inches. That is all information that we have included in our Appendix in terms of the advisory information. OK I am going to move on to boating facilities and here we are talking about newly designed or constructed and altered marinas and public piers with boat slips. Clearly fixed facilities were a little easier to deal with in the section than the floating facilities which was more of a challenge for establishing a guideline. The most difficult aspect had to do with the gangway slope, particularly where there is a significant water level change. In our proposed rule, we tried to combine the factors of varying water level changes, terrain in terms of the distance that someone may need to build a facility above the water level, and also the size of the facility. In the proposed rule we had a quite extensive chart that we established to let people know how they would trigger the guidelines depending on water level changes and the size of facilities. We learned through the proposed rule public commentary that many people did not understand our charts. After a lot of comment and work with operators, designers and users, we came out with what we think is a fairly simple approach. Basically, the general requirement for gangways is that you would design them for a maximum 1 to 12 slope or provide at least an 80 foot gangway. Obviously, in areas where the water level change is more like three and four foot, you will not have to have 80 foot gangways to meet the 1 and 12 maximum. We also recognize with this that perhaps over a 10 foot change and greater, you are probably not going to have a 1 and 12 maximum slope all the time during the different water level changes. So, there was a balancing here of cost and safety and issues related to the structural design of those 80 foot gangways. We have an exception here for smaller facilities where there is less than 25 boat slips. The requirement is to design for that 1 and 12 maximum slope or provide at least a 30 foot gangway. So that takes into consideration some of the smaller facilities. The gangways in terms of technical provisions, we have, even in the proposed rule, we never required landings as would be required by ADAAG for every 30 feet which had a 1 to 12 slope though maximum rise would not apply to gangways. We have also incorporated, as a special alterations provision, that where an entity is going in and replacing a gangway, there is not a requirement to increase the length and this is necessary since there is often limitations with water sheets in certain facilities, and how far one can go into navigable waters, so there was an exception provided here for the alteration to an existing gangway. Handrails, basically you would follow the same requirements that you have in ADAAG for ramps. Transition plates are permitted at the top or bottom with a cross-slope of 1-50 or 2% cross-slope maximum, and this is to be measured in the static position. So as built, as designed and constructed with regard to accessible boating facilities, we have a chart which basically provides the minimum number of accessible boat slips required based on the total number of boat slips provided. (slide 20). This chart follows the accessible vehicle parking space requirement up to about 50 spaces. From there, it is slightly less than it would be for accessible vehicle parking spaces and that gets even more significant when you get over a thousand. The requirement for these accessible boat slips would be that they are dispersed among the different types. So, if you have covered slips, ones with electricity, water, cable, etc. then accessible slips would be provided in each of those different types. Where you have piers and docks that do not have specific boat slips marked, then the boat slip formula would work. If they are not identified, every 40 feet of linear pier space would be used to calculate how many boat slips you have. We addressed only boarding piers at launch ramps. There are no special technical provisions with regard to launch ramps, only boarding piers, when boarding piers are provided at launch ramps. (Slide 21) In the situation where they have gangways connecting the boarding piers. We established a similar requirement for designing to 1-12 or provided at least a 30 foot gangway similar to the smaller facility requirement. With regard to where the accessible route might be provided within the boat launch ramp, in that case the provisions of ADAAG 4.8 or ramps do not apply. (Slide 21) This accessible boat slip, the concept here is basically to ensure that there is enough space adjacent to a vessel for someone to be able to use a lift, a transfer system, or other device to board their vessel. (Slide 22) Figure 59 gives you some of the pier clearances. Basically you need a 60 inch width of clear pier space. There is an option if it is constructed to have openings at least every 60 inches of width every 10 feet. Edge protection is not required. It is permitted as long as it is not greater than 4 inches. So it is an option, but it is not required under this rule. Okay, I will move to fishing piers and platforms and then Bill is going to take over and talk about golf. We will open up the session for questions after fishing piers and platforms. Fishing piers and platforms the basic requirements again, if you are dealing with a fixed facility, you would apply all of the ADAAG provisions for accessible routes. There is the option here if you have a gangway connected to a floating fishing pier or platform. The gangway is required to be 1 in 12 or at least 30 feet. Again, similar to the exception for a small facility. The most contentious issue here with regard to fishing piers and platforms had to do with the railing height. First of all, there are no standards for fishing piers or platforms. Many agencies at the state level do have certain design parameters. There is no Federal standard for fishing piers and platforms. So some may have railings, some may not. Our provisions are triggered where railings are provided. The basic requirement is that they have a maximum 34 inch height railing for at least 25% of the railing provided on the fishing pier. So in many cases, that means lowering the railing at different places around the fishing pier or platform. The requirement is that it be lowered and that it be dispersed among the different type of fishing opportunities that are available on that pier or platform. There is an exception here that permits someone to provide a guard that would comply with ICC and IBC. Basically there are some limited circumstances where if the fishing pier or platform is attached to another type of building structure, there may be a requirement for that guard and so this exception provides that option. This should not put designers in any type of conflict situation in that limited circumstances. We have indicated again with regard to railings, if railings are provided that edge protection is also required. They have to be a 2 inch minimum. There is an option to extend the deck 12 inches in lieu of the edge protection. This is another kind of design option. In some cases, it will allow someone to be closer to the railing. Where the lowered railings are located, the requirement is for a 30 inch by 48 inch clear space. On the fishing pier and platform there is a requirement for at least one maneuvering space or turning space. I am going to stop there and I guess we will open it up for questions.
Great Peggy, you have provided a lot of information and obviously covered a lot of very technical issues. For those of you following along using the slides and are lost by where you might be now, Just to orient you we just ended with slide 25. So if you are trying to figure out as you go along where you might be we are up to slide 25 at this point Right now what we will do is entertain questions. We will ask the operator to come back in and assist us to facilitate the question period. Questions at this time will be entertained on the first section of our discussions which included boating facilities including boat ramps and boat piers and fishing piers and platforms.
On your requirements for boating facilities, are you required to have any kind of a connector from the dock to the boats in either recreation or commercial facilities?
At this time, these guidelines apply to recreational boating facilities and marinas. There is not a requirement for a situation where you have a private slip or where someone is leasing the space that the operator must provide a transfer device or a lift to enable someone to get on the vessel. It is certainly an option that operators could do, but not a requirement under these guidelines. We are working on guidelines for vessels, and really looking at the larger vessels such as cruise ships and ferries and there because they are public vessels we are looking at the requirements with the requirements on and off. But not in the case where you have someone with a private vessel.
Thank you Peggy. Next question please.
I am confused about the last question. My question was under what jurisdiction do tour boats fall under and what laws govern them as far as accessibility?
Well, they would be covered under Title III. They would be considered a private tour operator. As I mentioned, we have not completed our work in developing accessibility guidelines for vessels. We have some work done and we have a report actually that is available on our website. The next thing you should see happen there is that we will have a notice of proposed rulemaking where we are defining what access looks like on the vessel as well as getting on and off the vessel.
That is a confusing point Peggy. Sometimes people do not understand that the regulations would address different elements and what you are doing here is you are addressing the actual platform and such. Getting on and off and how the boat itself is accessible will be a separate rule.
Correct.
Our next question please.
There was a table on one of the slides for the number of accessible slips for marinas. I was wondering if that table applied to each slip size?
Well, I think I mentioned that the requirement for accessible boat slips to be dispersed, meaning you may have deep water slips, shallow water slips or covered slips. Size could be a factor in terms of the type when you are dispersing the accessible slips.
For those of you trying to find out where he is referring to, that would be on your slide 20 where there was the graphic of the chart of how many would actually be required.
Does that answer your question? Next question please.
Why don''t we move on. Peggy we thank you for your time and I understand you are on your way off to a national recreation conference in Tampa, Florida. You will be rushing to get yourself to that airport so you can take care of all the check in and screening. We appreciate your time today and thank you very much.
Great, thank you Robin and Bill will take over now.
Great. Welcome Bill.
Welcome and good afternoon I am going to start and pick up with the golf course slide on accessible routes that connect the accessible elements and spaces within the boundaries of the course.
Bill Let me orient people. We are on slide 29 if you are trying to find where we are right now. Thank you.
The golf course provisions require that a 48 inch accessible route be provided. Where handrails would be provided stay on a bridge or within the boundary of the course, that they be accessible. The route must be 60 inches wide. The handrail requirements do not apply within the boundary of the course, but that the accessible routes do connect areas that are required to be accessible such as the rail area, bag drop areas, maybe your practice putting greens, your accessible practice teeing grounds, your course toilet rooms or your course weather shelters. All of those would be required to be, as I stated on a 48 inch accessible route or, as you see in the next slide, in lieu of the accessible route, you could provide what is called a golf cart passage. This is a continuous gold cart passage where a golf cart could operate throughout the boundary of a course or outside the boundary of a course. It would not be a prepared surface. It could be a prepared surface, but it might be down the middle of the fairway. It would allow for the golf cart to access those elements and spaces required to be accessible on the golf course. Again, it would require that it be a minimum of 48 inches in width. It also would require that if you are providing curbing on the course, that an opening at least 60 inches be provided every 75 yards or not to exceed 75 yards to allow this accessible golf cart or single rider cart to get into the course without a lot of traveling back through part of the course and allow play to continue at a normal rate. So you would either need to provide, to recap there, a 48 inch accessible route required by ADAAG with all the other provisions required in 4.3 or to provide in lieu of that an accessible golf cart passage. Moving to driving ranges. Those with 16 stations, it would require that at least 5% but not less than 1 to be accessible. It would also require that an accessible route be 48 inches wide or in lieu of that a 48 inch accessible route a golf cart passage. It is anticipated if an individual would be playing from a golf cart they would also want to practice at these driving ranges from their golf cart. So the station would need to be accessible and the route from the parking to that station either is the 48 inch route or accessible golf cart passage. Moving back to the course, on the teeing grounds, where multiple teeing grounds are provided, where one or two at least one of those must be accessible. Where three or more are provided at least two. It does require that the forward tee to be accessible except in an alteration where it would not be feasible in the alteration due to terrain issue. This would require your teeing ground to be accessible to a golf cart to enter and exit and be able to tee and play. Additionally, the putting green would also have to allow the golf cart to enter and exit. It also would require that if you do provide a weather shelter that it be accessible or provide a clear floor space of at least 60 inches by 96 inches. It is anticipated that a person using the single rider car or this golf cart would then access this weather shelter by pulling the vehicle all the way into that space, and staying out of the weather at that time. These regulations and the rule do not require a golf course to provide an adaptive golf car. We are suggesting that if you are a course that does provide golf carts that you do consult with the Department of Justice on your obligation to do so.
Bill, let me stop there for a second just to clarify for individuals. Some people do not understand the Access Board is responsible for the accessibility guidelines of the physical environment and where it would become a policy issue related to what equipment and such that they might have to have. That would be something that the Department of Justice through their responsibilities for Title II or Title III would address, is that correct?
That is correct. It would be an operation or procedural issue that would be discussed in their regulations once adopted.
Thank you.
I think from here we move forward after golfing to miniature golf and once again, we are talking about newly designed and newly constructed or altered miniature golf courses. It would require that at least 50% of the holes be accessible and be consecutive. There is an exception in the rule that does allow that if you do provide a break in the accessible holes, that 50% which is required to be accessible, that the last hole be included. This came through research in determining that a lot of the miniature golf designers and operators consider that last hold as kind of the last finale and make that last hole a lot more exciting and maybe more challenging. It is thought that if you do provide a break, say you provide maybe the first four or five holes and you have a break, then it would have to include that last hole in this requirement to provide 50% accessible. That accessible route may be provided on the hole, or adjacent to the hold. It must connect the entrance to the first accessible hole and the start of play to each accessible hole thereafter. In the graphic we show you here, a break through and this course has an accessible route either on or adjacent to the holes. You can see an opening at the far end of the slide, again you could provide your accessible route either on the course or adjacent to it. I must say that if you can figure your course to allow exit from the last accessible hole, or exit or entrance, you have to provide it without requiring travel back through any other hole. So if you were to break somewhere in your 50% required to be accessible you would not require somebody to travel back through a hole or at the end of their 50% that is accessible, you could not require somebody to travel back through a hole that they have already played. This may require, if not careful planning, additional accessible routes throughout the area in order to allow an individual to get back to the start of the play area. If you provide that accessible route on the playing surface, there is a provision that would allow you to provide a 1 and 4 slope for a maximum of 4 inches. It is in this provision that we would hope that some of the challenge that is in miniature golf courses could still be incorporated if you are providing that accessible route on the course. Some of the terrain changes and hills and slopes, then you could incorporate this 1 and 4 slope, which is quite a slope for an individual using a mobility device to navigate. If the hold, or the accessible route was adjacent to the course, you would have to provide an accessible route compliant with 4.3 of ADAAG. Also if you provide it on the course, no handrails would be required. Where the accessible route intersects with the playing surface, it is understood that this ball needs to ricochet and stay within the playing field and a 1 inch maximum curb for a minimum width of 32 inches would be acceptable could be provided, in order to keep the ball within play but allow an individual to access the next hole. If you do provide an accessible route on the playing surface, it does provide that a reduced landing size also could be provided to minimize the requirement for space. The accessible route adjacent to the playing surface or on the playing surface has a provision as you see in this slide, Figure 63, that would require that anywhere the ball could come to rest that it be within a 36 inch maximum reach range. This would be to allow an individual, whether on the course or adjacent to the course to be able to reach their ball at all times when it comes to rest. The play areas would need to be a maximum slope of 1 and 48 and is required to be 48 inches by 60 inches minimum. That ends it for miniature golf. We will move forward here into exercise equipment and machines. In the exercise and equipment and machines, it requires that at least one of each type of equipment or machine be provided on an accessible route. It provides that the accessible route be connected to a 30 inches by 48 inches clear space adjacent to where you may transfer to this type of machine. It is not prescribed; rather it takes into account what type of machine might be there. It also allows the operator or designer to try to place the clear floor space adjacent to the element so that it would allow or position a person using a wheelchair or mobility device the opportunity to transfer. The clear floor ground space for more than one piece of equipment may be permitted to overlap. We move from exercise equipment to bowling lanes. In the bowling section, it requires that of those newly designed, newly constructed or altered bowling facilities, 5% but not less than 1 of each type of bowling, whether that be 10 Pin, Duct Bowling or other type of bowling, each type is required to provide at least 5% but not less than one of their lanes as accessible. It also picks up that where there is fixed player or team seating areas, that you do provide a wheelchair space, and it provides not less than one on all the accessible lanes that are required. It would not require you to provide an accessible space in those areas that are not accessible and at those lanes that are not required to be accessible. Moving forward onto shooting facilities. Again, newly constructed, newly designed or altered shooting facilities are covered. Those that provide fixed firing positions, it would require again 5% but not less than 1 provided on an accessible route. It also would require a 60 inch diameter space with a slope no greater than 1 in 48. Moving on to steam rooms and saunas. Where provided, it does not require you to provide these, but if you are providing a steam room or a sauna, if they are provided in a cluster, at least 5% but not less than 1 must have an accessible turning space within the room that also could be obstructed by a readily removable bench or seat. But it would require the door width and it would require this turning space inside the steam room or sauna. It also requires that the door does not swing into that clear floor or ground space for the bench. In player team seating areas, it would require that access be provided to any fixed team player seating area, and does allow for the use in this accessible route to provide for a platform lift. You can see here a minor league baseball field that has a ramp actually headed into the dugout. It would require that in your facilities, if you did provide a fixed team player seating area, that it be on an accessible route.
Bill, please clarify for people, if they might be confused about why this particular area sits here when they also should note that the whole issue of fixed seating and stadium seating and such is already contained in other areas of ADAAG.
The recreation facilities guidelines do not address assembly seating because it has been addressed in the current ADAAG. This is addressing specifically those areas that provide fixed player and team seating areas. The same with when we were in bowling, if the bowling facility would provide an assembly seating area for tournament play or spectators to watch, those areas would be covered by the current ADAAG. It is only requiring through the recreation guidelines, those areas for team player seating areas.
I would also include Bill, just for clarification, things like team locker rooms and things of that nature; again you would refer back to the existing ADAAG requirements. It is not something separate. This regulation only addresses things that are not currently addressed?
That is correct. Moving forward to Sports Facilities, it defines the area of sport activity as that portion of the room or space where the play or practice of the sport occurs. It requires an accessible route to each area of sport activity. So, in multiple court sports, in multiple tennis courts, basketball courts, soccer fields, this would require an accessible route to each area of sport activity. It exempts that accessible route from the requirements of being firm, stable and slip resistant if the surface is provided in the area of sport activity.
Just to clarify, so people are clear. The actual route itself to and from or that connects the various activities must meet the requirements, of being firm, stable and slip resistant. It is just that the actual surface like a baseball field or whatever would not have to?
That is correct. The accessible route to the area of sport activity would need to comply with the existing ADAAG but once you got to that area of sport activity, the playing surface would not need to comply with that firm, stable and slip resistant.
One of the most frequent ones that comes through our Technical Assistance lines is beach volleyball as an example.
Correct, or an ice hockey rink, things like that, yes. We are going to move into an area where accessibility is really not required in these guidelines. Two are on and the first one you see is the Water slides: It does not require an accessible route to get you to the top of the water slide. What it does require is an accessible route to the edge of the catch pool. It does not require a way in and out of that pool, just to the edge of the water flume catch pool. It also does not require accessibility in things like the raised refereeing, scoring, judging or raised boxing rings also. The last area that we will move into is swimming pools, wading pools and spas. Swimming pools require two means of access into the water. The primary means being a lift or a sloped entry, and the secondary means could be any one of the following: 1) lift 2) sloped entry 3) transfer wall 4) stairs 5) A transfer system It is our hope that you would not repeat the primary means as the secondary means, that you would facilitate the greatest population with as wide a variety of needs as you possibly could by either providing a sloped entry and a lift or a lift and stairs or a transfer wall and to mix the two elements up whenever possible. So it would require two accessible means, but the exception is, if your pool has less than 300 linear feet or pool wall that it would only require one means. It would take into account all areas of access, so if you did have a large pool that access was limited by say another structure or landscaping, that you still consider all the pool wall when determining the number of means of access required. But in a recreation or aquatic recreation access facility, or water facility, where you do limit the access to only one area say you have a large wave pool like in this graphic here, where people are not allowed to come off the walls but only allowed to enter through the beach access, it would only require one means of access if you require that access only at one area. One of the primary means is a pool lift. It is required to be located where the water does not exceed 48 inches in depth. There are two exceptions to that. That is if the entire pool is greater than 48 inches deep or where you are providing multiple pool lifts, only one would be required to be in water equal to or less than 48 inches. Again, continuing on with the pool lift, it requires that a footrest be provided and that they move synchronously with the seat. If an armrest is provided, opposite the water shall be removable or fold to the raised position or raised in the load position. It does not require armrests or headrests. It does require a footrest. The pool lift also has to be capable of unassisted operation both to be called or retrieved from the deck or water level. It does not preclude someone helping you, but it does require that this lift have the capability of unassisted operation. It also requires that it be able to be submerged to a depth of 18 inches below the stationary water level and hold at least 300 pounds minimum and a static load at least 1.5 times that. Moving on to the sloped entry, the second primary means. It must extend to a minimum of 24 inches and a maximum of 30 inches below the stationary water level. It has a handrail width requirement but it does not apply to the sloped entry at wave action pools or Leisure Rivers or sand bottom pools. Again, where the user access is limited to one area the handrail requirement of how wide they need to be would only apply in those areas where access is not limited to one area. Moving forward to a transfer wall, it requires at the transfer wall that a clear deck space be provided at least 60 inches by 60 inches with a slope no greater than 1 and 48. The height of that transfer wall can be between 16 inches and 19 inches and it is required that the surface be rounded, and not have any sharp edges, not be too abrasive, because bare skin would come in contact and not to injure or damage anyone''s skin using this transfer wall. There is also a handrail requirement for the transfer wall that would require based on whether you provided one or two specification for the handrails including the height off the transfer wall, the spacing between them also and where the placement of the clear floor space would be in relation to those handrails. Moving on to transfer system, again, the secondary means of access that could be utilized along with a primary means on large pools, once again, it would require a clear space of at least 60 inches by 60 inches centered on a 24 inches width by 24 inches width of the top platform. As you can see in this slide, an individual is transferring to the top platform of a transfer system. The platform needs to be a minimum in depth of 19 inches and as I stated already, a 24 inch clear width, with a height similar to that of a transfer wall, 16 inches to 19 inches. That is also the height that a pool lift would also have to provide a stop at is 16" to 19" and once again, it would require that the surface in which someone would be transferred on to not have any sharp edges or provide rounded edges and not too abrasive. It would require that at least one of the sides of this transfer system provide an opening for someone to transfer to. It would require handrails down either side of the transfer system. It would not require one on each stair, but it would allow as you see in the slide that it actually be continuous. The slide that is currently up there for those that have it shows that the handrail does not extend to that last stair. In these requirements it would require it to extend to that last stair but it would require that if it is not one on each stair that it run continuous to the bottom stair. If you provide it on each stair, the gripping surface needs to be 4" above each stair, or transfer step and it would require that gripping surface to be between 4" and 6". If you provided a continuous rail all the way down, the gripping surface would have to be 4 to 6 inches, 4 inches minimum to 36 inches maximum, measured from the nose of each riser. Each riser has a maximum height of 8 inches. Similar to those that you find in the play area guidelines. When we move to pool stairs, you would need to comply with existing ADAAG except where we modified it below. One of the ways we modified is the handrail width. Pool stairs would require that the width between handrails be 20 to 24 inches maximum and that there is no extension required at the bottom landing. So you would still provide an extension or a handrail extension at the top where someone would start to enter the pool but when you got into the water, as you see in this slide here, no extension would be required. Moving forward to spas, it requires that at least one means of entry be provided. It does allow you to use a lift, a transfer wall or a transfer system. If you do choose to use a lift, it does not require a footrest. As you can see in this slide here, you see a leg support which would allow somebody or provide a greater level of access for someone that may not have lower extremity control. So if this bar actually slides in and out to provide leg support it would keep the legs straight out as you transfer using this lift up over the top of a wall. If you do cluster your spas in some facilities you will see more than one it would require 5% but no less than 1 be provided with some form of access. The lift requirements are very similar to that of a pool. In regards to its clear floor space if you do provide a handrail, or an armrest that it is removable and that it has unassisted operation, that it lift at least 300 pounds and 1.5 times that static load. Moving forward to water play components, where provided, a water play component ground-level access and transfer access to elevated play components is required. What this means is if you provided play components inside the water but that are at ground level then an accessible route be provided through the water to those ground level play components. Also if you do, as in the slide, provide an elevated structure, then transfer access is required to the elevated play component to make it accessible. You would refer back to the play area guidelines on the number of those that would be required to be accessible through that means of transfer. It would not require you to ramp an elevated water play structure and it is intended that this accessible route be provided through this body of water. The final slide shows that we are in the process of currently creating a technical assistance manual on each one of these separate chapters. You can see the boating and sports facilities and fishing piers that we are in the process of working through our final edits on and that we feel that these will give designers and operators a little bit more background, a little bit better ideas, some graphics, drawings, some sketches of how they can apply these guidelines to their specific areas. We are hoping that these would be available to the public maybe in the Spring of 2003. Maybe even earlier than that. We would hope that after the first of the year these would become available for people to receive and also would be available electronically through our website.
Great Bill. For those of you that are not familiar with the Access Board website it is www.access-board.gov and that is also where you could obtain if you have not already, a copy of the full guidelines for downloading in both PDF and text format. Thank you. That was a lot of information with a lot of technical issues. As these venues have so many different elements to consider as someone would go to use them and how someone might use them and what needs to be taken into consideration from multiple types of users. At this time, we will open the for questions to Bill. We will ask you to direct your questions towards the area that Bill directly addressed which started with golf through miniature golf and the shooting facilities, bowling, and the issues of pools and spas and such as that. So at this time we will entertain some questions.
Yes, I have a question about the miniature golf and the shooting facilities. At what level do we kick in the effectiveness when we are talking about alterations? Golf for example, would it be when you move a cup or would it be adding a sand trap or is it more major renovations that that?
It would apply to any of those holes that you did alter. Moving a cup, I am not real sure of your obligations there. It is anticipated that a large number of existing facilities would be able to provide this golf cart passage currently. If you do currently provide golf cars on your course, that any issue that you do alter, you look at making sure that access could be provided. As I stated, if you already are providing a golf car access to your course, it is not going to be as difficult as if you restrict golf cars from even coming on to your course or do not provide them and you are looking at an accessible route, or whether or not you look at some form of access with the Department of Justice and how to provide your program access on a Title II facility that would not be providing a golf car. I would say that if you were constructing a new weather shelter, a new restroom, a course restroom, some fixed structure like that, then yes, it would apply. As to moving a sand trap, we are not requiring access into that sand trap at this time. It does say those elements and spaces require to be accessible on a course. There are a lot of sand traps that currently either have quite a lip or a drop in order to get into and it would not be anticipated that those would have to be filled and brought to level in order to provide access. I would think that moving a cup would not facilitate anything different than you are already doing because the green is probably already accessible.
Bill, just to provide clarification, then, in regards to, for example the existing requirements, maybe this is an issue that the Department of Justice would have to address. But we have got the requirements for when you make a path of travel requirement. When you alter an area of primary function that you would trigger the path of travel to that area would then apply or is that something that the Department of Justice is going to have to apply through the scoping?
That is in their regulation, and that is something that they would have to apply but I cannot imagine that moving a cup would trigger any path of travel obligations in that just the sheer cost of it would be very minimal and it would not get you anything. The issue of path of travel is all in the Department of Justice regulation and it will be something that they will have to address for an alteration in their regulations.
Did that answer your question?
It did as best I think you can. I had one other question, if I can.
Go ahead.
Regarding canoe launches, are they addressed anywhere in this new regulation?
When you say canoe launches, would it be a floating pier or platform?
To a river, for example?
Newly designed, newly constructed? It would cover recreation boating facilities in that it would require an accessible route and also access on to a boat launch ramp or a canoe launch, I do not know how far it would extend to that. There is going to be a lot of canoe launches where there is not much built. If you would build a brand-new floating structure, along a river, and also be providing say parking, and it is in a Title II facility, if not required at that one, I would think you would need to provide some form of program access in where you provided an accessible one. I would think that if you provided parking, and there is some kind of a path to get down to this canoe launch, your safest harbor would be to provide access all the way down to that launch.
Is it the rule of thumb, then, that once you have improved the area, or you have made alterations to the environment, that you have triggered your requirements versus something that would be totally the nature or lay of the land not touched really, where people are making their own pathway down there?
I think you could feel pretty safe if you are newly constructing a structure for the public, to facilitate their boating needs, whether it be canoes, kayaks, power boats, sail boats, any type of recreation boating facility, that you would want to follow these guidelines to the best of your ability. Now if you had multiple locations or you could show that the terrain was more feasible to provide this somewhere very close but not at this specific spot, I think you could show that you have provided program access somewhere else on the river as long as it is not too far away. If it is out of sight, miles away, I would be afraid that you would have to provide access to both of them. But if it is somewhere close by, usually within the same site or within the same vicinity, you could feel pretty safe if not making this one accessible. It would be my recommendation at this time that if you newly construct a floating structure, or even a fixed structure, to simply launch canoes into a river, that you make it accessible.
That includes just improving the bank to facilitate the launch?
If you provided parking and a route to the bank, I would say yes. If this is just in an area that people are hiking through the woods to off a road somewhere, that is not an improved site, then no. But if this is an improved site, and it is specifically intended for the launching of canoes, I would say yes.
Thank you. Any other questions?
Are the dugouts in Yankee Stadium required to have lifts or ramps?
You are dealing with an existing facility and I believe it is privately owned. I am not real sure about Yankee Stadium but you are dealing with an existing facility and that would be what is known in an existing private facility as "Readily Achievable Barrier Removal." One this law has been adopted by the Department of Justice, yes, there would be a requirement for them to try to remove barriers wherever it is achievable and in so doing, yes, access to the area of sport activity from a fixed player team seating area would be required.
Then if there was a new stadium being built then this would need to be incorporated as new construction?
That is correct. I think what you will see in a lot of county or recreation facility types, you know, community or county leagues, is that in these county facilities, high school baseball fields, I think you will see far fewer recessed dugouts and more dugouts put at level ground. It will just be cheaper to do it that way.
That would be a response then, to their access requirements?
Correct.
Hi, I have a question about your pool lifts. You said they are required to hold 300 pounds plus 1.5 static load, what does the 1.5 static load mean?
It means in the design process of when they are constructing this lift, that it be capable of supporting not moving, but just hanging there, a 450 pound person. So the stress on the metal that is incorporated within the construction of this lift be able to sustain in a static load 1.5 times the 300 pounds so that if a 450 pound person did get on it, a welded joint is not going to snap.
If it is moving, static means just staying there, right?
It does. It must be able to sustain a static load of 1.5 times that 300 pounds which is 450 pounds.
But would only have to move the 300 pounds?
That is correct.
Hello, In regards to providing access to a swimming pool, let us say in the case of a hotel, by means of either a lift or a transfer steps, is it required that the provision be a permanent installation or can it be put in place upon time that it is needed or requested by a disabled individual?
Well, this is going to be an issue that the Department of Justice is going to have to regulate and it will be also one where you look at where you may have multiple pools that is trying to share one lift. If they can facilitate independent access on a reasonable time schedule and provide that access when someone needs it I would think that if you could facilitate that access and not make somebody wait a long period of time because someone has to come and unlock the closet and install it, hook the water connection up and do the things necessary in order to install this pool lift, I think you could say that yeah, you could probably say that you are providing equal access and equal opportunities to those people that may need this form of access. If it takes an hour, and you have got to call ahead, and it takes another hour and you are waiting on somebody to get this pool lift there, I think you will find a disgruntled guest. I think that the Department of Justice is going to have to address how soon, often or available these lifts need to be to people. When we were going through the rule-making, there was a lot of discussion by hotel and motel individuals or owners and operators about the misuse of lifts and the liability issues of leaving them out there as a diving platform as something kids are playing with and just all the issues around misuse
Even thinking that upon registration of a disabled guest into the hotel, then they could put it out there installed during the time of their stay and then once they are gone, then they may be able to remove it.
I think you could do something along that means, as long as, here is what I anticipate with something like that. If it is in a closet, you have a new front desk person, you have a new guy that is doing the maintenance, they have never had to do it before because they have worked there five months and no one has asked for it, what happens when you get a guest there? If you maintain your staff that understands and knows it, you place signage that it is available either at the pool, the front desk, or both and that you make it readily available to individuals that would require this form of access, I think the answer and I cannot speak for the Department of Justice, I think the answer is probably yes. If it is difficult to get to, it is not advertised that it is available, you do not have staff that can help you get it then I would be very concerned.
Sure, that sounds very reasonable. Thank you.
Sure.
Yes, could you elaborate a little bit on the difference between the separate rule-making for play areas? Is that just strictly the timetable that those guidelines were adopted? Also, could you clarify a bit the difference between the guidelines and enforceable standards adopted by the Department of Justice?
Sure, in the fall of 2000, the Play Area Guidelines came out as a final from our agency. Originally, recreation facilities incorporated what we now call "Outdoor Developed Areas" which is the trails, the camping, the beaches, the picnic areas and also the play areas. What happened is, during this rule-making, just the sheer size of it, the number of committees that were involved in each specific area, it just got too overwhelming and the play areas seemed to move along very quickly. Where there was, in the recreation facilities areas, a lot more, not contention, but a lot more discussions and a lot more issues on what should be included and what should not be included. It went through a more difficult time in coming through the rule-making process. I think that part of it was separated out just to break it down. Also, you have to understand that all the rules have to go with what is called an economic assessment done by the Office of Management and Budget. There are financial caps in which a rule can come through without congressional approval. I think it was also looked at, that if all of these rule were combined as one, that the financial ceiling cap might have been exceeded. So I think it was split for part of that reason also. Other than just the sheer enormous size of what all these different ones included and as you can see here we put seven chapters into the recreation facilities and really we have just barely skimmed the surface of a lot of the technical provisions in each one of these chapters, they are very extensive. Each one take area, recreation facilities as you saw started in 1992 and took us ten years to come out. It was separated out for those reasons, I believe. As to guidelines and enforceable standards; the Access Board develops minimum guidelines. We establish the minimums on which the Department of Justice takes and then does their rule-making, and then comes out with an enforceable standard or a Code of Federal Regulations. They can adopt nothing less than the minimums that are established through this rule-making or this agency. So the guidelines you see for recreational facilities at this time are the minimum in which the Department of Justice could adopt. They cannot adopt anything less. They could take it as it is or they could provide a greater level of access or provide for increased levels of accessibility in each one of these areas. Where we say 5% and not less than one, they could say you have to do 2% but not less than two. They could increase the level of accessibility, but the minimums have now been established. That is why when Peggy went through this, she said your safe harbor when constructing or designing or altering these types of facilities that your safest harbor right now if this minimum guideline. The timetable for the Department of Justice, we are in the process with this recreation facilities guideline document is going to be a very short-lived document. I say that because play areas, building elements for children''s use, state and local governments, this recreation facilities guidelines, departments or correctional judicial and regulatory facilities will all be put into the new ADAAG which has been evolving now for almost 10 years under a new format, a new numbering system that is in the process right now going to the Office of Management and Budget for an economic assessment. So this recreation facilities guideline as you saw will be incorporated into the new ADAAG so that hopefully sometime next year you will see a new ADAAG that incorporates all of these individual chapters into one document. Then it will be up to the Department of Justice to adopt it. We have, as you have seen the play area guidelines out there since the fall of 2000 and have still not been adopted by the Department of Justice. We have had children''s facilities or children''s elements in building and facilities out there for almost four years and still not adopted. So I cannot speak for their timeline, but I know they have been waiting for it all to be combined. So they go through one rule-making process, with all these rules that have now been completed, by our agency, that then will be an enforceable standard through their agency after their rule-making.
Thank you Bill for that description because I think that is an area that really does create some confusion for people. We are nearing the end of the session today. We have expanded our sessions to 90 minutes to try to address and hopefully handle more questions. I know that everyone is never able to get all of their questions answered and we do apologize for that. That is one of the limitations of a time frame and obviously such an intensely packed session. If you do continue to have questions and I am sure many of you do, you do have options for getting some of these questions addressed. We encourage you to contact your regional disability and business technical assistance center at 800-949-4232 V/TTY and in addition, the U.S. Access Board has an 800 number where they provide technical assistance, and that number is 800-872-2253. They are available during the day. They are in D.C. so you need to take into consideration their eastern time frame. Bill, I do want to thank you. I want to thank Peggy and I am sure she is on her way now to Tampa. It has been an excellent session. I want to remind all of you that we do have our next session scheduled for November 19th when we will be addressing issues related to paratransit services and where they are equivalent. Our featured speaker will be Marilyn Golden from the Disability Rights Education and Defense Fund (DREDF) You can find out more about our entire series by logging on to the website for the entire schedule, which again is www.adagreatlakes.org. We have monthly sessions with many different topics dealing with architectural issues, employment issues and other issues of enforcement under the ADA. I want to thank each and one of you for joining us today. I want to thank our speakers for providing their expertise and I hope you enjoyed the session. Thank you very much.