Americans With Disabilities Act Accessibility Guidelines for Buildings and Facilities; Recreation Facilities and Outdoor Developed Areas; Proposed Rule ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD
Federal RegisterSep 21, 1994
Ask Donna
What actually matters in this document.
Text
SUMMARY: The Architectural and Transportation Barriers Compliance Board
(Access Board) announces that its Recreation Access Advisory Committee
has issued a report with recommendations for making recreation
facilities and outdoor developed areas readily accessible to and usable
by individuals with disabilities. Single copies of the report may be
obtained from the Access Board. The Access Board will use the
committee's report to develop a notice of proposed rulemaking
establishing accessibility guidelines for newly constructed and altered
recreation facilities and outdoor developed areas under the Americans
with Disabilities Act and the Architectural Barriers Act. The Access
Board seeks public comment on the committee's report and will consider
the comments along with the report as it develops the notice of
proposed rulemaking.
DATES: Comments should be received by December 20, 1994. Comments
received after this date will be considered to the extent practicable.
ADDRESSES: Comments should be sent to the Office of Technical and
Information Services, Architectural and Transportation Barriers
Compliance Board, 1331 F Street NW., suite 1000, Washington, DC 20004-
1111. Comments will be available for inspection at the above address
from 9:00 a.m. to 5:00 p.m. on regular business days.
FOR FURTHER INFORMATION CONTACT: Peggy H. Greenwell, Office of
Technical and Information Services, Architectural and Transportation
Barriers Compliance Board, 1331 F Street NW., suite 1000, Washington,
DC 20004-1111. Telephone number (202) 272-5434 ext. 34 (Voice); (202)
272-5449 (TTY). These are not toll-free numbers. This document is
available in alternate formats (cassette tape, braille, large print, or
computer disk) upon request.
SUPPLEMENTARY INFORMATION:
Advisory Committee Report
Single copies of the Recreation Access Advisory Committee's report
may be obtained at no cost by calling the Access Board's automated
publications order line (202-272-5434), pressing 1 on the telephone
keypad, then 1 again and requesting publication S26 (Recreation
Report). Persons using a TTY should call 202-272-5449. Please record a
name, address and telephone number. Persons who want a copy in an
alternate format, should specify the type of format (audio cassette
tape, braille, large print, or computer disk).
Background
The Architectural and Transportation Barriers Compliance Board
(Access Board) is responsible for developing accessibility guidelines
under the Americans with Disabilities Act of 1990 to ensure that new
construction and alterations of facilities covered by the law are
readily accessible to and usable by individuals with disabilities.\1\
The Access Board initially issued the Americans with Disabilities Act
Accessibility Guidelines in 1991. 36 CFR part 1191. ADAAG contains
scoping provisions and technical specifications for designing parking
areas, entrances, toilet rooms and other elements and spaces that
typically comprise a building and its site so that individuals with
disabilities will have ready access to and use of the facility. ADAAG
also contains additional provisions for certain types of facilities,
including restaurants, medical care facilities, business and mercantile
establishments, libraries, transient lodging, and transportation
facilities.\2\
---------------------------------------------------------------------------
\1\The Americans with Disabilities Act (ADA) (42 U.S.C. 12101 et
seq.) is a comprehensive Civil Rights law which prohibits
discrimination on the basis of disability and requires, among other
things, that newly constructed and altered State and local
government building, places of public accommodation, and commercial
facilities be accessible to and usable by individuals with
disabilities.
\2\The Access Board recently issued an interim final rule that
adds provisions to ADAAG for certain State and local government
facilities, including judicial, legislative and regulatory
facilities; detention and correction facilities; residential
housing; and public rights-of-way. 59 FR 31676 (June 20, 1994).
---------------------------------------------------------------------------
Various types of recreation facilities and outdoor developed areas
are covered by the Americans with Disabilities Act. Newly constructed
and altered recreation facilities and outdoor developed areas are
currently required to comply with ADAAG, as adopted by the Department
of Justice as the standards for accessible design (28 CFR 36.406),
where its provisions can be applied. For example, parking areas,
entrances, toilet rooms, restaurants, and mercantile establishments
that are part of newly constructed and altered recreation facilities
and outdoor developed areas must comply with ADAAG.3
---------------------------------------------------------------------------
\3\State and local governments currently have the option of
using ADAAG or an earlier standard, the Uniform Federal
Accessibility Standards (UFAS), when constructing or altering
facilities under the Department of Justice regulations (28 CFR
35.151(c)). The Department of Justice has recently issued a notice
of proposed rulemaking to eliminate this option. 59 FR 31808 (June
20, 1994).
---------------------------------------------------------------------------
Recreation facilities and other outdoor developed areas have some
unique features for which additional accessibility guidelines need to
be developed. In July 1993, the Access Board convened an advisory
committee as the first step in developing these guidelines. The
committee was comprised of owners and operators of recreation
facilities; persons who design recreation facilities or manufacture
related equipment; local, State and Federal officials responsible for
parks and other outdoor developed areas; and individuals with
disabilities and organizations representing their interests.
The committee was requested to accomplish the following objectives
within one year:
Develop a list of the various types of recreation
facilities and outdoor developed areas;
Identify the features of each facility type that are not
adequately addressed by ADAAG;
Consider any unique design issues or constraints affecting
access to each facility type;
Review any existing voluntary guidelines for providing
access to the various facility types; and
Make recommendations for accessibility guidelines for each
facility type.
The committee organized itself into six subcommittees based on
facility types to accomplish these objectives: Sports facilities;
places of amusement; play settings; golf; boating and fishing
facilities; and outdoor developed areas.
The committee met five times between July 1993 and May 1994.
Committee members spent most of their time working in subcommittees
which reported to the full committee. The subcommittees also worked
between committee meetings. Committee meetings were well attended by
persons interested in the committee's work and public comment was
received at each meeting. The subcommittees also encouraged interested
persons to participate in their work, including providing information
and reviewing draft reports. More than 250 people actively participated
in the committee's and subcommittees' work and collectively gave
between 50,000 and 60,000 hours of their time.
In July 1994, the committee formally presented its report to the
Access Board. During the next year, the Access Board will review the
committee's report and develop a notice of proposed rulemaking to
establish accessibility guidelines for newly constructed and altered
recreation facilities and outdoor developed areas under the Americans
with Disabilities Act. The Access Board is also responsible for
developing accessibility guidelines for federally financed facilities
under the Architectural Barriers Act (42 U.S.C. 4151 et seq.) and
anticipates that the notice of proposed rulemaking will also apply to
recreation facilities and outdoor developed areas covered under that
law. In view of the significant public interest in the committee's
report and the rulemaking, the Access Board is providing copies of the
committee's report to the public and will receive comments from the
public on the committee's report for a 90-day period from the
publication of this notice. Comments received during this period will
be considered along with the committee's report as the Access Board
develops the notice of proposed rulemaking.
Local, State and Federal government agencies and private entities
which own or operate recreation facilities and outdoor developed areas
are encouraged to review the committee's report and to send their
comments to the Access Board. Individuals with disabilities and their
organizations, and other interested persons are also encouraged to
review and comment on the committee's report.
The committee's report contains recommendations only, and are not
proposed or final accessibility guidelines. As indicated above, the
committee performed most of its work through six subcommittees based on
facility types. The recommendations represent the consensus of the
members of each subcommittee, and not necessarily the full committee.
The subcommittees approached their work with the premise that every
newly constructed and altered recreation facility should be accessible.
Separate facilities or areas for use by individuals with disabilities
were considered to be inconsistent with the purposes of the Americans
with Disabilities Act and the Architectural Barriers Act. The
subcommittees identified numerous features of recreation facilities
that are not adequately addressed by ADAAG. In some cases, the
subcommittees recommended amending existing ADAAG sections to address
the specific features. In other cases, the subcommittees recommended
new scoping provisions and technical specifications for ADAAG and
drafted guideline language with rationale. The draft guideline language
does not necessarily conform to the ADAAG format and numbering system.
Persons reviewing the committee's report need not comment on the format
of the draft guideline language. The Access Board will address format
issues when it develops the notice of proposed rulemaking. Rather,
persons reviewing the committee's report should focus on the substance
of the recommendations.
The subcommittees also identified a few areas where providing
access could eliminate or change the recreation activity or experience
and proposed possible solutions.4 For example, the sports
facilities subcommittee identified that providing a slip resistant
surface on ice skating rinks would eliminate or change the sport and
recommended that the ice surface of the rink should be exempt from any
slip resistance requirement. In some areas, the subcommittees
recommended that additional information and research were needed for
providing access. Finally, the subcommittees noted several areas where
accessibility guidelines need to be coordinated with other laws and
regulations, including regulations issued by the Department of Justice.
The Access Board will refer these issues to the appropriate agencies,
including the Department of Justice, for their consideration.
---------------------------------------------------------------------------
\4\Some subcommittees borrowed the phrase ``fundamentally alter
the nature of the service, program, or activity'' from the
Department of Justice regulations to describe those areas where
providing access could eliminate or change the recreation activity
or experience. The Department of Justice uses this phrase or a
variation of the phrase in its regulations to describe when public
and private entities are relieved of the obligation to make
reasonable modifications in policies, practices or procedures (28
CFR 35.130(b)(7) and 36.302(a)) and when public entities are
relieved from providing program accessibility in existing facilities
(28 CFR 35.150(a)(3)). Although the phrase does not apply to new
construction and alterations, some subcommittees attempted to use
the phrase by analogy when describing a few areas where providing
access may not be practicable or needs to be viewed in light of the
nature of the recreation experience.
---------------------------------------------------------------------------
The committee's report is 202 pages and contains many detailed
recommendations which cannot be readily summarized in this notice. To
assist persons reviewing the committee's report, some of the
recommendations are discussed below with questions. The Access Board is
interested in receiving comments on all parts of the committee's report
and encourages persons interested in the rulemaking to review the
entire report. In addition, the Access Board requests comments on the
impact of the committee's report on the safety of all persons using the
facilities and on potential costs of the recommendations in the
committee's report and how these costs could be minimized while
accommodating safety.
Sports Facilities (Pages 1-62)5
---------------------------------------------------------------------------
\5\The relevant part of the committee's report is referenced
after each heading and subheading.
---------------------------------------------------------------------------
Field-of-Play (Pages 5-6)
The sports facilities subcommittee examined field sports, court
sports, rink sports, and a variety of other sports. Individuals with
disabilities may participate in sports as spectators, players, coaches
or assistants, or may be employees of sports facilities and should have
access to all elements and spaces of the facilities. The subcommittee
recommended that an accessible route be provided to the field-of-play.
The subcommittee observed that in some sports, the field-of-play
consists of grass, artificial turf, sand, soil, ice, or other materials
which do not fully meet the ADAAG requirement that surfaces along
accessible routes and in accessible spaces must be stable, firm and
slip resistant. The subcommittee recommended that where requiring the
playing field surface to be stable, firm and slip resistant would
eliminate or substantially change the sport, an exception to this
requirement should be provided for the field-of-play.
In some sports, the field-of-play may extend to the sideline area
directly adjacent to the boundary of the playing field. For example, in
baseball a player can chase a foul ball beyond the ``within-bounds''
area. The sports facilities subcommittee suggested that designated key
accessible route locations could be safely incorporated into sideline
or ``out-of-bounds'' areas; or temporary, removable surfaces could be
used to provide access to these areas.
Question 1: What are other possible solutions for providing an
accessible route to sideline or ``out-of-bounds'' areas used by
coaches, press and others where the field-of-play may extend to or
overlap these areas? Persons responding to this question are requested
to provide information regarding the location, surface requirements,
and width of an accessible route serving these areas.
Pools (Pages 16-20)
The sports facilities subcommittee also examined access to
pools.\6\ There are many different types of pools such as competition
pools, lap pools, leisure or family pools, and wading or children's
pools. Pools are found in a variety of settings from hotels and other
places of transient lodging to public parks and community centers. The
sports facilities subcommittee identified three means for providing
access into the water: ramps, lifts, and transfer tiers. As discussed
at pages 16-18 of the committee's report, each of these means
accommodates varying capabilities of individuals with disabilities with
no single means best for all users. For example, ramps can facilitate
independence. However, ramps require transfer to an additional chair
and raise concerns regarding buoyance and water resistance for
individuals ascending and descending the ramp. Lift operation may
require individuals with disabilities to seek assistance; and transfer
tiers pose a higher level of physical challenge.
---------------------------------------------------------------------------
\6\The places of amusements subcommittee and outdoor developed
areas subcommittee also examined access to pools. See pages 85-88
and 188-189 of the committee's report for those subcommittees'
recommendations.
---------------------------------------------------------------------------
The sports facilities subcommittee recommended that one accessible
means of entry into the water should be required and that a range of
alternatives (ramps, lifts, or transfer tiers) should be allowed. The
subcommittee further recommended that where pools exceed a certain
size, two accessible means of entry into the water should be required.
(The subcommittee did not recommend a specific size.) The subcommittee
emphasized that any means of entry into the water should allow for
individuals with disabilities to use pools independently and with
dignity.
Question 2: Given the different types of pools and various means
that individuals with disabilities use for entering the water, should a
range of alternatives (ramps, lifts, or transfer tiers) be allowed for
providing access into the water? If not, should specific means be
required and others not permitted for certain types of pools? Should
requirements be related to the size of the pools, with larger pools
required to provide more than one means of entry into the water? If so,
what size or other criteria should trigger the additional requirement?
If specific means for entering the water are required, should technical
specifications be developed for those means?
Places of Amusement (Pages 63-88)
Amusement Rides (Pages 74-85)
The places of amusement subcommittee examined access to amusement
rides. As defined by the subcommittee, amusement ride systems consist
of amusement devices which carry or move a person or persons on,
around, over or through a fixed or restricted course or within a
defined area for purpose of amusement or entertainment and includes
related elements, facilities and systems. For new construction, the
subcommittee recommended that, to the greatest extent possible, at
least one wheelchair space be provided within the amusement ride system
where the amusement device can accommodate a person seated in a
wheelchair without changing the nature of the amusement ride system or
experience. When an amusement device cannot accommodate a person seated
in a wheelchair, the subcommittee recommended that, to the greatest
extent possible, a means of transfer onto the amusement device be
provided without changing the nature of the amusement ride system or
device. The subcommittee drafted detailed recommended guidelines for
accomplishing a transfer from a wheelchair to the amusement device.
The places of amusement subcommittee recommended that decisions
regarding the type of access provided (roll-on or transfer) be made by
designers on a ride-by-ride basis after considering a variety of
factors, including seating space and configuration, ride speed, forces
and accelerations during normal and emergency operation, riding posture
and center of gravity, restraining systems, and safety of others.
Question 3: Should a percentage of rides in newly constructed
places of amusement provide either roll-on or transfer access for
individuals who use wheelchairs and other mobility aids? It is
acceptable to permit some rides not to provide roll-on or transfer
access and, if so, what should be the criteria for not providing
access? In new construction, is it acceptable that the type of access
provided (roll-on or transfer) be determined on a ride-by-ride basis?
The Access Board is interested in any studies or other data that
provide information on the dynamic effects of forces experienced on
certain rides on individuals with disabilities.
Carnivals and Fairs (Pages 73-74)
The places of amusement subcommittee also examined access to
amusement rides used in temporary places of amusement such as carnivals
and fairs. These amusement rides are transported on trucks and
trailers, and are set up and leveled at different sites for temporary
events. Depending on the terrain, the distance from the ground to ride
may vary from four to six feet. The subcommittee recommended that these
amusement rides comply with the same requirements as amusement rides at
permanent sites.
Question 4: Should amusement rides used in temporary places of
amusement be addressed in the same manner as rides at permanent sites?
The Access Board is interested in receiving information on ways to
provide access to these amusement rides.
Carnivals and fairs may be held on partially improved or unimproved
sites such as city parks, athletic fields, or agricultural fields that
are not specifically designed for the event and that do not provide
stable, firm and slip resistant surfaces required for an accessible
route. The places of amusement subcommittee recommended that where, due
to the temporary nature of the event, changes to topography or surface
conditions would be inconsistent with the primary purpose of the site,
temporary, removable surfaces be used to provide an accessible path to
rides and other attractions.
Question 5: Should temporary places of amusement be required to
meet all the provisions for an accessible route when held on partially
improved or unimproved sites? If not, what provisions should be
modified (e.g., stable, firm and slip resistant surface; slope; cross
slope; width; accessible elements connected)? How should protruding
objects such as tent stakes and lines be addressed?
Play Settings (Pages 89-102)
Accessible Route (Pages 91-93)
The play settings subcommittee examined issues related to providing
access to play areas and equipment. Play settings vary greatly in size
and may be found in schools, day care centers, fast food restaurants,
amusement parks, and public parks. Play is an important social
experience that occurs in many ways within a play area. Play settings
often include play equipment such as slides, swings, ladders, sand play
areas, and open areas for play. Children without disabilities have the
opportunity to maneuver throughout play areas and to access their
choice of play equipment. Designers have a unique challenge in
providing children with disabilities the same access.
Designers usually provide resilient surfaces meeting the ASTM F1292
performance standard within the use zone of play equipment as a safety
measure. (This is also called ``the fall zone.'') Some resilient
surfaces such as sand and wood chips are not stable, firm and slip
resistant and, thus, would not meet the requirements for an accessible
route. The play settings subcommittee considered cost and maintenance
issues related to various types of surfaces and recommended that an
expanded accessible route which is a minimum of 60 inches wide connect
accessible activities within the play area in order to promote social
interaction and use of the play components. This accessible route would
be stable, firm, slip resistant, safe to crawl on, and where within the
use zone of equipment, resilient.
Question 6: Does the play subcommittee's recommendation for an
expanded accessible route adequately address the need for access within
play settings? Persons responding to this question should review pages
91-93 of the committee's report.
Elevated Play Equipment (Pages 93-96)
The play setting subcommittee identified ramps and transfer systems
(transfer platforms, decked platforms, and berms or natural hills) as
means for providing access to elevated play equipment. For larger
composite play structures having 12 or more elevated play components
(or 12 or more elevated play components at one site serving the same
age group), the subcommittee recommended that both ramps and transfer
systems should be required, and that each means access at least one-
half of the elevated play components on the play structure. The
subcommittee further recommended that one-half of the play components
which are accessed by ramps should be required to be like or similar to
those elevated play components that are not accessed by ramps. For
smaller composite play structures having less than 12 elevated play
components, the subcommittee recommended that transfer systems should
be required to access at least one-half of the elevated play
components, and that one-half of those play components be like or
similar to the elevated play components that are not accessible.
Question 7: Should a requirement for ramp access, in addition to
transfer systems, be based on the number of play components? If so,
what number of play components should trigger a ramp requirement, in
addition to transfer systems?
Soft Contained Play Systems (Page 99)
Soft contained play systems are relatively new and are comprised of
fully enclosed, resilient play components that are designed so that
children climb through and within the structure. Most incorporate play
activities on several different levels. Some cover 3,000 square feet
and are over 20 feet high. These play structures are found in amusement
parks, connected with fast food restaurants, or as stand-alone
facilities. The play settings subcommittee recommended that these play
structures be accessible and provide integration, and noted that the
ASTM F1536 committee is currently developing standards for them.
Question 8: Should soft contained play systems be subject to the
same requirements as other play structures? The Access Board is
interested in receiving information on how access can be provided to
these play structures.
Golf (Pages 103-118)
Accessible Route (Pages 108-112)
Golf is played in the open air on courses that incorporate natural
and constructed elements. An 18-hole golf course typically occupies
more than 100 acres and slopes on fairways frequently exceed 1:20.
Because the route of play is determined by where the ball lands, the
golf subcommittee focused on providing players with a disability access
to their ball without defining an accessible route through the green.
The subcommittee based its recommendations on the premise that players
with a disability will use a golf car or similar mobility aid to access
their balls. The subcommittee recommended that at least one accessible
teeing ground be provided on each hole. An accessible route would be
required from the golf car path or parking area to the accessible
teeing ground. Where continuous access onto the fairway is not possible
because of natural barriers, access to the fairway would be required at
maximum distances of every 75 yards from the golf car path, unless
precluded by extreme terrain or environmental issues (wetlands and
protected areas). The subcommittee recommended against providing access
to hazards and bunkers on the grounds that doing so would substantially
change the nature of the game. (Practice bunkers would be accessible.)
An accessible route would be required to all putting greens from the
golf car path or parking area. An accessible route would also be
required from golf car paths or parking areas to toilet rooms, snack
bars, weather shelters, and other amenities provided for players. The
subcommittee also recommended that the playing area of the golf course
be exempt from the requirement for stable, firm, and slip resistant
surfaces.
Question 9: Do the golf subcommittee's recommendations adequately
address accessible design for golf courses?
Miniature Golf (Pages 115-117)
The golf subcommittee also examined miniature golf courses. The
subcommittee recommended that all holes on miniature golf courses be
connected by an accessible route and that the entire playing surface of
these courses be accessible, except for sloped surfaces where the ball
cannot come to rest. Access would be required at starting points, end
points, and to points in between where the ball may rest. The
subcommittee also recommended that where obstacles such as concrete
blocks, gates, and caves are placed on the playing surface to enhance
difficulty or competition, an accessible path be provided to either
side of the obstacle, or entrance and exit points be provided on both
sides of the obstacle to allow players with disabilities to bypass the
obstacle. Owners and operators of miniature golf courses have expressed
concern about requiring the entire course to be accessible, especially
courses developed on smaller sites which are often designed to rise
sharply in elevation to increase the playing surface area.
Question 10: Are there conditions where a lesser degree of
accessibility should be allowed for miniature golf courses? The Access
Board is interested in receiving information on designs for providing
access to miniature golf courses.
Boating and Fishing Facilities (Pages 119-132)
Gangways (Pages 126-129)
The boating and fishing facilities subcommittee examined a variety
of facilities ranging from primitive fishing areas in national parks to
highly developed, multi-use marinas in urban settings. The marine
environment is dynamic and poses design challenges different from those
encountered in a static, land-based environment. Bodies of water
experience changing levels due to such factors as tides, seasonal
changes, reservoir draw-downs, flooding, and dam releases. The
subcommittee identified three options at pages 126-129 of the
committee's report for providing access to gangway structures which
connect to floating, boating and fishing facilities. The subcommittee
did not reach consensus on the options and encouraged public input and
additional research.
Question 11: Which option most adequately addresses issues
affecting access to floating, boating and fishing facilities? Are there
other solutions that are not reflected in the recommended options?
Persons responding to this question should review pages 126-129 of the
committee's report.
Boat Slips (Pages 125-126)
The boating and fishing facilities subcommittee also recommended
scoping provisions and technical specifications for accessible boat
slips. The subcommittee recommended that the number of accessible
boating slips be based on the scoping provision for accessible parking
spaces for motor vehicles (ADAAG 4.1.2(5)).
Question 12: Should the scoping provision for accessible parking
spaces for motor vehicles be applied to boat slips? Should other
factors be considered such as whether the boat slips are leased on a
long-term or a short-term basis?
Outdoor Developed Areas (Pages 133-202)
Outdoor Recreation Environments (Pages 133-190)
Over the past decade, the National Park Service, USDA Forest
Service, various State and local government agencies, and private
entities have examined issues related to providing access to outdoor
recreation environments. The outdoor developed areas subcommittee built
on these earlier efforts. The committee based its work on the premise
that there is a spectrum of recreation settings that occur in the
outdoor environment and identified four different settings based on the
degree of development and modifications to the natural environment. The
settings are: the highly developed or urban; the moderately developed
or natural; the minimally developed or back-country; and the
undeveloped or primitive. The subcommittee attempted to develop
recommendations that provide the highest degree of access practicable
and feasible, commensurate with the amount of development, while at the
same time preserving and protecting the fundamental nature of the
various elements of the outdoor recreation environment. The
subcommittee outlined three degrees of accessibility (easier, moderate,
and difficult) that related to the first three settings with the degree
of access decreasing as the amount of development decreases. No
guidelines were recommended for undeveloped or primitive settings.
The outdoor developed areas subcommittee attempted to define a
process by which decisions can be made regarding the degree of access
which should be provided in different outdoor recreation environments.
The subcommittee proposed two approaches for determining the degree of
access to be provided. The first approach is set out at pages 153-156
(outdoor recreation access routes) and pages 166-170 (recreation
trails) of the committee's report and reaches decisions regarding the
degree of access to be provided through analysis of the recreation
setting, the condition of the natural environment, the amount of
structural modification, the recreation experience, and consultation
with individuals with disabilities. The second approach is set out at
pages 157-159 (outdoor recreation access routes) and pages 170-171
(recreation trails) of the committee's report and begins by requiring a
certain degree of accessibility and proposes a series of exceptions
that allow the other degrees of accessibility for a variety of
conditions including severe elevations, geologic features, historic
significance, or the specific purpose of the trail. Under the second
approach, an entity would also have to consult with individuals with
disabilities when making an exception and document the decision. Both
approaches are intended to result in the highest degree of access
practicable and feasible for the setting.
Question 13: Which approach is more likely to achieve an acceptable
level of access? Can these approaches be applied to all outdoor
recreation environments regardless of size, location, entity, or other
factors? Are there other alternatives that would facilitate application
of accessibility guidelines to outdoor recreation environments? Persons
responding to this question should review pages 153-159 and 166-171 of
the committee's report.
Beaches (Pages 186-187)
The outdoor developed areas subcommittee also examined beach
facilities and recommended that an accessible route be provided to a
point 36 inches beyond the water's edge at high tide. The subcommittee
stated that a stable, firm and slip resistant surface may be
accomplished by using permanent materials (e.g., concrete, wood, or
plastic decking); temporary, removable materials (e.g., mats or mesh)
during daylight hours; or a combination of both. Water level changes
due to tides, shifting shorelines, and erosion may impact on potential
solutions.
Question 14: Should an accessible route be required to the water?
If so, where should it be located? Should a temporary accessible route
be allowed where a permanent one is not practicable or feasible?
Snow Facilities (Pages 190-201)
The outdoor developed areas subcommittee also examined skiing and a
variety of other snow activities. The subcommittee recommended that
accessible parking spaces be located a maximum of 300 feet from base
area facilities or other snow area activities, unless an accessible
transportation option is provided. The subcommittee also proposed the
concept of a snow access route. The subcommittee noted that the ANSI
B77.1 committee is conducting research on accessibility requirements
for lifts and has recommended that guidelines for lifts be reserved
pending the research, except for loading and unloading areas and lift
corrals and waiting areas.
Question 15: What are the critical access issues for individuals
with disabilities in snow facilities? The Access Board is interested in
receiving additional information on ski lift access.
Other Facility Types
Question 16: Are there other types of recreation facilities and
outdoor developed areas that are not addressed in the committee's
report? If so, the Access Board is interested in receiving information
on providing access to those facilities and areas.
The Recreation Access Advisory Committee has performed an
invaluable public service by gathering information on diverse types of
recreation facilities and outdoor developed areas; involving other
interested persons in its work; and attempting to build consensus on
possible solutions for providing access to these facilities and areas.
The Access Board wants to encourage greater public participation as it
develops a notice of proposed rulemaking establishing accessibility
guidelines for newly constructed and altered recreation facilities and
outdoor developed areas and invites comments on the committee's report.
The comments will be considered along with the committee's report as
the Access Board develops the notice of proposed rulemaking.
Authorized by vote of the Access Board on July 13, 1994.
Judith E. Heumann,
Chairperson, Architectural and Transportation Barriers Compliance
Board.
[FR Doc. 94-23180 Filed 9-20-94; 8:45 am]
BILLING CODE 8150-01-P
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.