Americans With Disabilities Act Accessibility Guidelines; Play Areas

SUMMARY: The Architectural and Transportation Barriers Compliance Board

(Access Board) proposes to amend the Americans with Disabilities Act

Accessibility Guidelines (ADAAG) by adding a special application

section for play areas. The section was developed by a regulatory

negotiation committee composed of persons who represent interests

affected by accessibility guidelines for play areas. The section would

ensure that newly constructed and altered play areas are readily

accessible to and usable by children with disabilities.

DATES: Comments should be received by July 29, 1998.

The Access Board will hold a public hearing on the proposed

guidelines on Wednesday, June 3, 1998 from 8:30 a.m. to 5:30 p.m.

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. Fax number (202) 272-5447. To facilitate posting comments on the

Board's Internet site, commenters are requested to submit comments in

electronic format, preferably as a Word or WordPerfect file, either by

e-mail or on disk. Comments sent by e-mail will be considered only if

they include the full name and address of the sender in the text. E-

mail comments should be sent to [email protected]. Comments will be

available for inspection at the above address from 9:00 a.m. to 5:00

p.m. on regular business days.

The public hearing will be held at the Westin Hotel, 1672 Lawrence

Street in Denver, Colorado. Interested members of the public may

contact the Board at (202) 272-5434 ext. 18 or (202) 272-5449 (TTY) to

preregister to give testimony or may register on the day of the

hearing.

FOR FURTHER INFORMATION CONTACT: Peggy 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 extension 34 (Voice); (202)

272-5449 (TTY). E-mail address: [email protected].

SUPPLEMENTARY INFORMATION:

Availability of Copies and Electronic Access

Single copies of this publication may be obtained at no cost by

calling the Access Board's automated publications order line (202) 272-

5434, by pressing 1 on the telephone keypad, then 1 again, and

requesting publication S-35 (Play Areas Notice of Proposed Rulemaking).

Persons using a TTY should call (202) 272-5449. Please record a name,

address, telephone number and request publication S-35. This document

is available in alternate formats upon request. Persons who want a copy

in an alternate format should specify the type of format (cassette

tape, Braille, large print, or computer disk). This document is also

available on the Board's Internet site (http://www.access-board.gov/

rules/playfac.htm).

Background

The Architectural and Transportation Barriers Compliance Board

(Access Board) is responsible for developing accessibility guidelines

under the Americans with Disabilities Act of 1990 (ADA) to ensure that

new construction and alterations of facilities covered by titles II and

III of the ADA are readily accessible to and usable by individuals with

disabilities.1 The Access Board initially issued the

Americans with Disabilities Act Accessibility Guidelines (ADAAG) in

1991 (36 CFR part 1191, Appendix A). ADAAG consists of general sections

(ADAAG 1 to 4) that apply to all types of buildings and facilities, and

special application sections (ADAAG 5 to 12) that contain additional

requirements for certain types of buildings.2

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\1\ The Americans with Disabilities Act (42 U.S.C. 12101 et

seq.) is a comprehensive civil rights law which prohibits

discrimination on the basis of disability. Titles II and III of the

ADA require, among other things, that newly constructed and altered

State and local government buildings, places of public

accommodation, and commercial facilities be readily accessible to

and usable by individuals with disabilities.

The Access Board is an independent Federal agency established by

section 502 of the Rehabilitation Act (29 U.S.C. 792) whose primary

mission is to promote accessibility for individuals with

disabilities. The Access Board consists of 25 members. Thirteen are

appointed by the President from among the public, a majority of who

are required to be individuals with disabilities. The other twelve

are heads of the following Federal agencies or their designees whose

positions are Executive Level IV or above: The departments of Health

and Human Services, Education, Transportation, Housing and Urban

Development, Labor, Interior, Defense, Justice, Veterans Affairs,

and Commerce; General Services Administration; and United States

Postal Service.

\2\ The special application sections cover the following

buildings and facilities: restaurants and cafeterias (ADAAG 5);

medical care facilities (ADAAG 6); business, mercantile and civic

(ADAAG 7); libraries (ADAAG 8); transient lodging (ADAAG 9);

transportation facilities (ADAAG 10); judicial, legislative, and

regulatory facilities (ADAAG 11); and detention and correctional

facilities (ADAAG 12).

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Under the ADA, the Department of Justice is responsible for issuing

regulations to implement titles II and III of the Act. The regulations

issued by the Department of Justice must include accessibility

standards for newly constructed and altered facilities covered by

titles II and III of the ADA. The standards must be consistent with the

accessibility guidelines issued by the Access Board. The Department of

Justice has adopted ADAAG as the Standard for Accessible Design for

title III of the ADA. (28 CFR part 36, Appendix A).3

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\3\ The Department of Justice's regulations currently include

ADAAG 1 to 10. 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 for title II

of the ADA. (28 CFR 35.151(c)). The Department of Justice has issued

a notice of proposed rulemaking to eliminate this option. 59 FR

31808 (June 20, 1994).

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Titles II and III of the ADA cover a wide variety of recreation

facilities such as boating and fishing facilities, golf courses, parks,

places of amusement, play areas, sports facilities, and trails. Newly

constructed and altered recreation facilities are required to comply

with ADAAG, as adopted by the Department of Justice as the Standards

for Accessible Design, where the provisions can be applied. For

example, parking areas, entrances, and toilet rooms that are part of

newly constructed and altered recreation facilities must comply with

ADAAG. Some recreation facilities have unique features for which

additional provisions and special application sections need to be

developed. The Access Board convened a Recreation Access Advisory

Committee (RAAC) in July 1993 as the first step in developing the

additional provisions and special application sections. The RAAC issued

a report in July 1994 which addressed the various types of recreation

facilities and identified the features of each facility type that are

not adequately addressed by ADAAG. The RAAC made recommendations for

developing

[[Page 24081]]

accessibility guidelines for those features.

The Access Board published an Advance Notice of Proposed Rulemaking

(ANPRM) in September 1994 requesting public comment on the RAAC's

recommendations. 59 FR 48542 (September 21, 1994). The public comments

expressed support for many of the RAAC's recommendations. However, the

public comments also revealed a lack of consensus on some major issues

regarding play areas among interests that potentially would be affected

by accessibility guidelines for those facilities. Consequently, the

Access Board decided to develop a special application section for play

areas through regulatory negotiation. Regulatory negotiation is a

supplement to the traditional rulemaking process that allows for face-

to-face negotiations among representatives of affected interests,

including the agency, with a goal of arriving at a consensus decision

on the text of a proposed rule. The proposed rule is then published in

the Federal Register and the public has an opportunity to comment.

Based on public comments received, the final rule may differ from the

proposed rule.

The regulatory negotiation committee on accessibility guidelines

for play areas was established in March 1996. A notice of intent to

form a regulatory negotiation committee was published in the Federal

Register on December 22, 1995 (60 FR 66537). This notice proposed a

committee membership and requested comments on the establishment of the

committee and the proposed membership. The final membership of the

committee included:

American Society of Landscape Architects

ASTM Public Playground Committee (F15.29)

ASTM Soft Contained Play Committee (F15.36)

ASTM Playground Surfacing Systems Committee (F 08.63)

International Play Equipment Manufacturers Association

National Association of Counties

National Association of Elementary School Principals

National Child Care Association

National Council on Independent Living

National Easter Seal Society

National League of Cities

National Parent-Teacher Association

National Recreation and Park Association

Spina Bifida Association of America

TASH

United Cerebral Palsy Associations

U.S. Access Board

The committee met seven times between March 1996 and July 1997 as a

full committee. In addition, several workgroups met to gather

information or develop recommendations for the full committee.

Committee members sought input from the public on issues related to

accessibility in play areas. The meetings were held in different

locations across the country and were attended by over 250 members of

the public. A formal public comment period was held at the end of each

day of the full committee meetings. In August 1996, the committee met

in the suburbs of Minneapolis, Minnesota. As a part of this meeting,

the committee participated in a day long tour of playground sites,

representing the various elements under discussion by the committee. In

October 1996, the committee met in conjunction with the National

Recreation and Park Association Annual Congress. This meeting was

attended by over 100 members of the public. All committee meetings were

facilitated by the Federal Mediation and Conciliation Service. An

interest based model of negotiation was used during the negotiations.

The committee began its deliberations examining available

information related to providing access for children with disabilities

in play areas. The committee relied heavily upon three documents: the

Recreation Access Advisory Committee (RAAC) Recommendations for

Accessibility Guidelines: Recreational Facilities and Outdoor Developed

Areas (July 1994), the ASTM F 1487-95 Public Playground Equipment

Safety Standard, and the Recommendations for Accessibility Standards

for Children's Environments Technical Report (July 1992). This

technical report was based on a research project conducted for the

Access Board by the National Center on Accessible Housing, North

Carolina State University.

The committee identified basic principles to guide its

negotiations. The committee agreed that accessibility guidelines

should:

be based on children's anthropometric dimensions and other

resource information;

be based on children with disabilities using a variety of

assistive devices;

provide opportunity for use by children who have a variety

of abilities;

support social interaction and encourage integration;

create challenge, not barriers;

maintain safety consistent with ASTM requirements;

be reasonable in terms of cost relative to benefit;

be based on independent use, as much as possible;

address access for parents and care givers;

provide access to elevated structures (additional ground

level accessible play components may be required, depending on the type

of vertical access provided to elevated structures); and

provide advisory information in an understandable format

to assist designers, operators, and owners, to effectively incorporate

access into their designs.

The committee reached consensuses on the accessibility guidelines

for newly constructed and altered play areas covered by the ADA.

Committee members represented the diverse interests of those affected

by this rulemaking, including persons with disabilities, owners and

operators of play areas, State and local governments, designers,

manufacturers, and voluntary standards groups. Where safety, cost, and

access interests conflicted, consensus was difficult. Committee members

explored many approaches and compromised in many areas to reach

agreement on minimum accessibility guidelines for play areas.

The proposed accessibility guidelines for play areas include

requirements for accessible play components with interactive

manipulative features to be within certain reach ranges (16.1.5.3 Reach

Ranges). Examples of manipulative or interactive features of a play

component include the opening of a talk tube or the letters of a tic-

tac-toe board. The committee considered it important for children with

disabilities to reach these features to use the play component fully.

The committee used a modified version of the dimensions for reach

ranges that were included in the proposed accessibility guidelines for

children's facilities, which were available during the committee's

deliberations. (61 FR 37964, July 22, 1996). Final guidelines for

building elements designed for children's use were issued after the

committee's deliberations. (63 FR 2060, January 13, 1998.) Those final

guidelines include reach range specifications for children of various

age groups in the appendix as advisory information for designers to use

where appropriate. This flexibility was incorporated into the final

guidelines since it is not always clear which building elements are

used primarily by children and should be within these reach ranges. In

a play area, however, play components are designed specifically for use

by children. Therefore, the proposed accessibility guidelines for play

areas

[[Page 24082]]

require that where manipulative or interactive features are provided on

accessible play components, they must be within the reach ranges of

children with disabilities.

Section-by-Section Analysis

This section of the preamble contains a summary of the proposed

guidelines for play areas. The text of the proposed rule follows this

section.

16. Play Areas

Definitions

This section defines terms used in the proposed rule. To avoid

potential confusion, terms and definitions already established within

the industry have been used to the greatest extent possible.

The term play area is defined as a portion of a site containing

play components designed and constructed for children in a specified

age range as designated by ASTM F 1487-95, a voluntary safety standard.

ASTM F 1487-95 recommends that play areas designed for children 2-5

years old and children 5-12 years old be separated. Where play areas

are designed and constructed for specified age groups, each play area

is required to meet the requirements in section 16.

Question 1. Safety standards for play areas require play equipment

designed for children ages 2-5 and 5-12 to be separated. In assessing

the benefits of these proposed accessibility guidelines, the Board is

interested in gathering more data on the incidence of disabilities

within these different age groupings. The Board is interested in any

specific data sources where this information can be obtained.

The term play component is defined as an element intended to

generate specific opportunities for play, socialization, or learning.

The committee carefully reviewed definitions established by the

industry and the Recreation Access Advisory Committee in developing

this definition. The committee wanted the proposed definition to

address the variety of play components. The committee considered

elements that generate specific opportunities for play, socialization,

or learning. Elements that provide experiences such as sliding,

swinging, rocking, spinning, climbing, crawling, pretending, and

bouncing are considered play components. Conversely, elements not

specifically intended for play, socialization, or learning such as

ramps, decks, steps, transfer systems, and roofs are not play

components.

Play components may be manufactured or natural. Examples of natural

play components include children's gardens and land forms designed to

create gathering places. Manufactured play components may be stand

alone or a part of a composite structure. Spring rockers and sand

tables are generally placed in stand alone locations. Manufactured

composite structures often combine slides, climbers, and activity

panels on one unit. Landscape architects and other designers supported

including natural elements in the description of play components. They

were concerned that the definition would focus solely on manufactured

play equipment.

A composite play structure is defined as two or more play

components attached or functionally linked to create an integrated unit

that provides more than one play activity. This definition clarifies

that composite structures include play components combined to provide

multiple play experiences. The manner in which play components are

combined is not relevant so long as they are functionally linked. When

individual parts of a composite structure act as a single unit, they

are considered functionally linked, even if the parts are not

physically attached to the structure. Examples may include a balance

beam that may not be attached to the main structure, but serves as a

play opportunity adjoining the main play structure. Although not

physically attached, the balance beam allows a child to progress from

one structure to another.

An elevated play component is defined as a play component that is

part of a composite play structure and approached above or below grade.

A stand alone slide, for example, would not be considered an elevated

play component since it is not part of a composite play structure and

is not approached above or below grade.

A ground level play component is a play component that is

approached and exited at the ground level. Stand alone slides, balance

beams, swings, and spring rockers are examples of ground level play

components. Although portions of a ground level play component may be

elevated, the key element of this definition is that the play component

(slide, balance beam, swing, or a spring rocker) is approached and

exited at the ground level.

The proposed definition of use zone includes the ground level area

beneath and immediately adjacent to a play structure or equipment that

is designated for unrestricted circulation around the equipment and on

whose surface it is predicted that a user would land when falling from

or exiting the equipment. This definition is consistent with the ASTM

definition, except that the term ``ground level'' is added to clarify

that the area beneath a play structure or equipment includes the ground

level area. Designers and operators sometimes use the term ``fall

zone'' to identify the ``use zone''.

The term soft contained play equipment is defined as a play

structure made up of one or more components where the user enters a

fully enclosed play environment that uses pliable material(s) (e.g.,

plastic, netting, fabric). These structures are often associated with

fast serve restaurants and other retail establishments and differ from

most play areas found in parks and schools. Soft contained play areas

are fully enclosed environments designed for users to enter the

structures at various entry points. This definition was developed in

cooperation with the ASTM Soft Contained Play Subcommittee F 15.36.

16.1 Play Areas

This section applies to each play area designed for children ages

two and over and requires compliance with the applicable provisions in

this section. The application of these guidelines is consistent with

ASTM F 1487-95, which establishes safety standards beginning at age

two.

The committee considered developing accessibility guidelines for

children under the age of two years. It did not, however, believe that

there was sufficient information available to establish guidelines for

accessible play areas for children with disabilities in this age group.

The committee also considered that regardless of disability, many

children in this age group need assistance in using a play area. The

absence of safety guidelines or standards for this age group was also

recognized. While specific accessibility guidelines have not been

developed for play areas for children under the age of two, these areas

are covered by the ADA and the Department of Justice title II and title

III regulations.

Several technical provisions are proposed that include a range of

dimensions, which permits a designer to consider the primary user

population served. The voluntary safety standard, ASTM F 1487-95,

recommends play areas to be separated by age groups. Specifically, this

standard recommends play areas designed for children 2-5 years old and

5-12 years old to be separated. These proposed accessibility guidelines

also consider areas designed for these age groups to be separate play

areas even if they are in the same facility.

[[Page 24083]]

The Board recognizes the value and importance of innovation in the

design of play area surfaces and components. It is expected that new

devices, technologies, and creativity will result in play area

innovations not seen today. These changes are invited and welcome.

ADAAG Section 2.2 (Equivalent Facilitation) permits ``departures from

particular technical and scoping requirements'' where the result will

provide substantially equivalent or greater access to and usability of

the facility. Section 2.2 applies to every section in ADAAG, including

proposed section 16 Play Areas.

16.1 Exception 1

Exception 1 to this section refers to the requirements of ADAAG

4.1.6 (Alterations). This exception permits play equipment to be

relocated to create safe use zones without triggering the alterations

requirements of ADAAG 4.1.6, if the surface is not changed or extended

for more than one use zone. Many existing play areas are considered

unsafe because of the close proximity of the various pieces of play

equipment. This situation is commonly addressed by moving play

equipment apart and extending the impact attenuating (also referred to

as ``resilient'') surfaces to create a safe use zone.

This exception is proposed to minimize the potential cost impact of

creating safer play areas, while balancing the need for accessibility

for children with disabilities. This exception has been limited to

surface changes that are not more than one use zone. The use zone of

playground equipment is defined in ASTM F 1487-95 and generally

requires a six foot radius of resilient surfacing underneath play

equipment, except for swings and slide exits. Any surface alteration or

change beyond one use zone would be subject to the alteration

requirements of ADAAG 4.1.6.

16.1 Exception 2

Exception 2 to this section permits the use of platform lifts

(wheelchair lifts) complying with ADAAG 4.11 and applicable State or

local codes as part of an accessible route within a play area. The

committee proposed that platform lifts be permitted so that they may be

used in newly constructed play areas that may have unique environments

where ramp access may not be feasible. The committee considered the use

of platform lifts in play areas similar to the use of platform lifts on

an accessible vertical route to a performing area in an assembly

occupancy as permitted by ADAAG 4.1.3 Exception 4.

16.1 Exception 3

Exception 3 to this section exempts play areas from complying with

the provisions for protruding objects in ADAAG 4.4. ADAAG 4.4 generally

requires that elements mounted along circulation paths not project more

than 4 inches, if the leading edge is above 27 inches and below 80

inches. The committee carefully considered the unique environments of

play areas. In many cases, eliminating protruding objects from all

circulation paths may have the effect of substantially altering the

nature and design of a play area. The committee discussed several

approaches to providing access for children who are blind or visually

impaired, and the effect on the nature or design of a play area. The

committee proposed that at least one accessible route be free of

protruding objects. Section 16.1.3.1 requires that objects shall not

protrude into the accessible route for a height of 80 inches measured

from the surface. Because accessible routes must maintain a clear

minimum unobstructed width, this requirement will provide at least one

route within the play area that is clear of protrusions.

16.1.1(1) Ground Level Play Components

Paragraph 1 of this section requires one of each type of ground

level play component to be accessible. The technical requirements for

an accessible play component are addressed in 16.1.5. The committee

proposed this requirement to give children with disabilities a choice

of at least one of each of the different types of play components

provided at the ground level. Swings, climbers, and spring rockers are

examples of the different types of play components often found at the

ground level in a play area. Providing choice and variety in play areas

can facilitate social growth and interaction among children. The

committee considered requiring all of the ground level play components

to be accessible, however, it concluded that the additional cost may be

prohibitive. Requiring at least one of each type to be accessible is

also consistent with other ADAAG provisions where multiple elements

serving the same function and in the same location are provided.

16.1.1(2)

Paragraph 2 of this section requires accessible ground level play

components to be provided in a number equal to at least 50% of the

total number of elevated play components. The committee added paragraph

2 as a result of its discussion related to providing vertical access to

elevated play components. The committee wanted to provide additional

accessible ground level play components based on the total number of

elevated play components provided. Elevated play components that are

only accessible to children who are able to or choose to transfer have

limited play value for children who are unable to or choose not to

transfer. This provision is an attempt to provide children with

disabilities additional opportunities where only transfer access is

provided to elevated play components.

Accessible ground level play components required by paragraph 1 can

satisfy this requirement. For example, if ten elevated play components

are provided, a total of five ground level play components must be

accessible under paragraph 2. If three different types of ground level

play components are provided, paragraph 1 would require one of each of

the three types to be accessible. Paragraph 2 would require an

additional two ground level play components to be accessible for a

total of five.

16.1.1(2) Exception

The committee proposed an exception to this requirement when ramp

access is provided to each elevated play component. Under this

exception, additional accessible ground level play components are not

required, when each elevated play component can be accessed by a ramp.

Since children using wheelchairs and other mobility devices would have

access to the entire structure, additional accessible play components

are not required at the ground level.

16.1.1(3)

Paragraph 3 of this section requires accessible ground level play

components to be integrated in the play area. In some play area

designs, accessible play components are grouped into one area. These

designs have the effect of segregating children with disabilities.

Under the ADA, segregation of people with disabilities is not

permitted. This provision is critical to promote social interaction

among children with and without disabilities.

16.1.2 Elevated Play Components

This section requires at least 50% of all elevated play components

to be accessible. Since elevated play components are often the most

popular elements of a play area for children, the committee wanted to

ensure that children with disabilities have adequate opportunities to

use them. The committee also considered 50%

[[Page 24084]]

appropriate given the types of elements provided on composite

structures. For example, an elevated composite structure with ten play

components may include two slides, four climbers, and four activity

panels. Using this example, at least five of the elevated components

must be accessible. Section 16.1.2 allows the designer and operator to

decide which elevated play components will be accessible.

The committee debated this requirement at great length. The

committee frequently heard from members of the public who were

concerned with the costs associated with providing an accessible route,

as well as those concerned with ensuring a variety of accessible

elevated play components. Section 16.1.3 (Accessible Route) addresses

the requirements for an accessible route connecting accessible elevated

play components.

The committee found a requirement for the integration of accessible

elevated play components to be unnecessary since integration should

occur naturally due to the number of elevated play components required

to be accessible. Moreover, the committee recognized that designs using

a single point of entry to access a number of elevated structures may

be cost effective.

16.1.3 Accessible Routes

This section requires at least one accessible route within the

boundary of a play area. Auxiliary pathways may also be provided

throughout a play area. These other pathways are not required to be

accessible and may incorporate changes in level and varying slopes.

The accessible route is required to connect accessible play

components, including entry and exit points. Access to both entry and

exit points is required to ensure usability by children with

disabilities. This provision, applied to an accessible slide, will

require an accessible route, with accessible surfacing, serving the

entry and exit points of the slide. The committee recognized that many

children with disabilities will require some assistance in moving

mobility aids to the exit points of accessible play components. This

provision will also provide access to parents and care givers with

disabilities.

Entry and exit points of accessible play components may be on the

ground level or be elevated. The committee carefully considered when

access by ramp, transfer system, and other means should be provided to

elevated play components. Committee members examined how the RAAC

approached the issue of providing ramp access to elevated structures.

The RAAC differentiated between larger and smaller structures, based on

the number of elevated play components provided. During the comment

period of the ANPRM, commenters supported the concept of

differentiating between larger and smaller play structures, however,

there was no consensus on the number of elevated play components that

should trigger a requirement for ramp access.

Like the RAAC, the committee used an approach that differentiates

between play areas based on the numbers of elevated play components.

They contrasted the relative cost of providing a ramp system and

transfer system with the total cost of the structure and the amount of

area required. Ramp access costs always exceeded the costs of transfer

access. For example, the cost of providing a transfer system to 3 feet

above the ground is approximately 6-10 percent of the cost of a ramp

system. For the ramp to be cost effective, the committee proposed to

require ramp access only on larger structures that contain 20 or more

play components.

16.1.3 Exception 1

Exception 1 permits accessible elevated play components to be

connected by transfer systems, where less than 20 elevated play

components are provided. This exception is based on the committee's

consideration of the cost impact and available area. The committee was

concerned that ramp access to smaller structures might result in a

reduction in the number of play components that can be purchased within

a specified budget.

To illustrate the application of the exception, a play structure

with 18 elevated play components is required to provide at least 9 (50%

minimum) accessible elevated components by 16.1.2. The exception would

permit these accessible elevated components to be connected by a

transfer system. Of course, ramp access is also permitted.

Where a transfer system is used to connect accessible play

components on an elevated structure, an accessible play component may

be used to connect to another accessible play component. For example, a

transfer system may connect to an accessible crawl tube. Additional

accessible play components complying with 16.1.5 may be located at the

end of an accessible crawl tube on an elevated structure.

16.1.3 Exception 2

Exception 2 permits no more than 50% of accessible elevated play

components to be connected by transfer systems, where 20 or more

elevated play components are provided. To illustrate the application of

this exception, a play structure with 24 elevated play components is

required to have at least 12 (50% minimum) accessible elevated play

components by 16.1.2. Assuming that 12 accessible elevated play

components are provided, the exception would permit no more than 6 of

these play components to be connected by a transfer system. The other 6

play components must be connected by ramps. Of course, ramp access is

also permitted to all accessible elevated play components.

As discussed in 16.1.3 Exception 1, where a transfer system is used

to connect accessible play components on an elevated structure, an

accessible play component may be used to connect to another accessible

play component. For example, a transfer system may connect to an

accessible crawl tube. Additional accessible play components complying

with 16.1.5 may be located at the end of an accessible crawl tube on an

elevated structure.

16.1.3 Exception 3

This exception does not require handrails at ramps located in the

use zone of a play area. The committee considered this an important

safety precaution because obstacles such as handrails cannot be in

these areas where it is predicted that users may fall.

16.1.3.1 Clear Width and Height

This provision requires the accessible route to be a minimum of 60

inches wide and to be clear of protrusions at or below 80 inches above

the surface. The minimum 60 inch width is proposed for the accessible

route for several purposes. Since this may be the only area where

accessible surfacing is required, the committee considered a minimum 60

inch width necessary for adequate maneuvering space. This route will

support and encourage interaction on the play area between children

with and without disabilities. Unlike typical interior environments,

the minimum width established in this provision is likely to be the

only width requirement. For example, corridors in office buildings tend

to be far wider than the minimum 36 inches required for accessible

routes. Designers and landscape architects consider the minimum 60 inch

width requirement necessary so that children may maneuver freely and

pass each other without meeting transition points or edges between

loose fill and firm surfaces. This requirement is also consistent with

the recommendations of the RAAC and ASTM F 1487-95.

[[Page 24085]]

16.1.3.1 Exception 1

Exception 1 permits the use of a minimum 44 inch wide accessible

route in play areas less than 1,000 square feet, provided that there is

at least one turning space complying with ADAAG 4.2.3 where the route

exceeds 30 feet in length. The committee proposed this exception based

on concerns expressed by the child care industry regarding smaller

facilities. Many child care facilities are often limited in the amount

of space to designate for play. Concerns were raised about the

potential impact of a wider accessible route in reducing the number of

play components provided at smaller facilities. This exception is

proposed to address these concerns.

16.1.3.1 Exception 2

Exception 2 permits the width of the accessible route to be reduced

to a minimum 36 inches for a maximum distance of 60 inches. This

reduction in the width of the accessible route is permitted if multiple

segments are separated by 60 inch wide minimum segments that are at

least 60 inches in length. The committee considered an occasional

reduction in the minimum clear width necessary to accommodate obstacles

such as trees and boulders in the play area. Because the accessible

route also serves as a play area, any reduction in the clear width

affects opportunities for socialization and interaction. Therefore, the

committee developed these minimum criteria for spacing the narrowed

segments and to ensure that adequate turning space is provided between

narrowed segments of the accessible route.

16.1.3.1 Exception 3

Exception 3 permits the width of an elevated accessible route to be

a minimum of 36 inches. Elevated accessible routes may include ramps

between the ground and elevated structures, or ramps between elevated

structures. This is consistent with the recommendations from the RAAC

and ASTM F 1487-95. The committee considered a minimum 36 inch width to

be appropriate for elevated structures where features such as edge

protection and handrails typically are provided. Commonly available

manufactured products will comply with this provision.

16.1.3.1 Exception 4

Exception 4 permits the clear width of the elevated accessible

route to be reduced to 32 inches minimum for a maximum distance of 24

inches. This proposed exception is consistent with existing ADAAG

sections 4.2.1 and 4.13.5.

16.1.3.2.1 Ramp Slope

This section requires ramps provided within the boundary of a play

area to meet the requirements of ADAAG 4.8 with some modifications.

Ground level accessible routes may not exceed a slope of 1:16. The

committee proposed this requirement for several reasons. Initial

concerns were raised about the ability of children with disabilities to

move around within a play area where there is no limitation on the

length of the accessible route connecting accessible play components. A

more gradual slope requires wheelchair users and many others to expend

less energy to traverse a distance. Additionally, proposed 16.1.3

Exception 3 does not require handrails on ramps in a use zone. Since

ramps in the use zone will not have handrails, the committee considered

this another reason for limiting the slope of the accessible route on

the ground level. Additionally, preliminary information regarding some

artificial or synthetic surfaces shows that they may perform more

efficiently where slopes are gradual.

16.1.3.2.2 Ramp Rise

This provision requires that any ramp run have a maximum rise of 12

inches. The RAAC recommended that there be a 12 foot limitation on the

length of a ramp run to limit the distance between landings and other

areas where children gather on a structure. The committee has proposed

a maximum rise, rather than run, for ramps. This solution limits

distance without increasing slopes unnecessarily. The committee

believed that limiting ramp run is important to promote interaction

between children with and without disabilities. ASTM F 1487-95 also

uses a 12 foot limitation on ramp runs to discourage inappropriate and

unsafe use of ramps.

16.1.3.2.3 Handrail Height

This section requires ramp handrails to be provided 20 inches

minimum to 28 inches maximum above the ramp surface. This height is

considered appropriate for children. This is not an additional handrail

requirement. Instead, the committee proposed that handrails are only

provided to serve children. This range is based on a research project

sponsored by the Access Board.

16.1.4 Transfer Systems

Section 16.1.3 permits some accessible elevated play components to

be connected by a transfer system complying with 16.1.4. The transfer

system provides one method of reaching the play equipment and is

designed for use by children with disabilities who can transfer from

their wheelchair or mobility device. Similar transfer systems are used

to provide access into swimming pools. Manufactured transfer systems

for play areas have been available since 1990. The transfer system

consists of two components, a transfer platform and transfer steps. The

transfer platform serves as an entry platform and is provided at a

height that allows wheelchair users to transfer from wheelchairs.

Transfer steps are designed to facilitate movement above or below the

platform to accessible play components.

16.1.4.1 Transfer Platforms

16.1.4.1.1 Size

This section requires transfer platforms to have a level surface 14

inches minimum in depth and 24 inches minimum in width. This minimum

size requirement allows for adequate space for transferring and

maneuvering. The committee based this size requirement on the

recommendations of the RAAC and ASTM F 1487-95. Transfer platforms can

be designed in unique shapes such as a triangle, if the minimum clear

space is provided.

16.1.4.1.2 Height

This section requires the transfer platform to be 11 inches minimum

to 18 inches maximum above the ground or floor surface. The committee

proposed a height range to allow designers flexibility to design for

the intended age group and to accommodate existing manufactured

composite play structures. The height ranges are also consistent with

ASTM F 1487-95 and recommendations from the RAAC, and within the range

of transfer height for other functions requiring transfer such as

toileting.

16.1.4.1.3 Transfer Space

This section requires a level, clear and unobstructed space

complying with ADAAG 4.2.4 to be provided along a 24 inch minimum side

of the transfer platform. An unobstructed side of a transfer platform

is necessary to permit a transfer. A level, clear space allows space

for a stationary wheelchair adjacent to the transfer platform. Transfer

steps connected below the platform may be used to facilitate access

closer to the ground or floor surface. However, transfer steps shall

not be connected to the unobstructed side of the platform.

[[Page 24086]]

16.1.4.1.4 Transfer Supports

This section requires a means of support to be provided for

transferring. Such means may consist of a gripable edge of the transfer

platform or some other element that provides a means of support. The

committee agreed that this was integral to the process of transferring,

but did not have sufficient information or technical data to require a

specific location for the transfer support.

Question 2. What types of transfer supports are most effective in

facilitating transfer? What is the most effective placement and why?

16.1.4.2 Transfer Steps

16.1.4.2.1 Size

This section requires transfer steps to comply with 16.1.4.1.1.

Thus, the transfer step and platform are required to be the same

minimum size. This regularity is important as the function of the step

and platform are similar; serving as a deck to sit and push off of to

move around. Transfer steps provide the opportunity for a child to

ascend to the next level on an elevated structure.

16.1.4.2.2 Height

This provision requires a transfer step to be 8 inches high

maximum. A maximum height is necessary to ensure use by children with

disabilities in their movement from a transfer platform to an

accessible play component. The 8 inches coincides with knee to foot

range measurements and the maximum distance for children to move from

step to step.

16.1.4.2.3 Transfer Supports

Similar to the requirement for the transfer platform, this section

requires a means of support for transferring to be provided. Such means

may consist of a gripable edge of the transfer step or some other

element that provides a means of support. Transfer supports are also

important to support the effort involved in moving from a transfer

platform to an accessible play component. The accessible play component

will often be located above the level of the transfer platform and may

require movement over a series of transfer steps. (See Question 2.)

16.1.5 Accessible Play Components

This provision includes technical requirements for accessible play

components. The committee examined what features of a play component

make it accessible. Initially the committee focussed on individual play

components and developed draft provisions for components such as

climbers, spring rockers, and swings. Through this detailed

examination, the committee identified features critical to making play

components accessible for children with a variety of disabilities.

These key features included clear space adjacent to the play component,

maneuvering space on the same level as the play component, providing

manipulative and interactive features of the play component within the

reach of children with disabilities, and having the entry point or seat

at an appropriate height for transfer and with transfer supports. The

identification of these features provided the basis for the proposed

technical provisions of this section. Establishing the general features

will provide more flexibility to designers, and also should guide the

development of emerging technologies and play component designs.

16.1.5.1 Maneuvering Space

This section requires maneuvering space to be provided on the level

of the accessible play component. This maneuvering space is necessary

so that children with disabilities can negotiate within a play area.

This provision requires the space to be on the same level as the

accessible play component that it serves. Maneuvering space shall have

a slope not steeper than 1:48 in all directions. Except for swings, the

maneuvering space is not required to be located adjacent to the

accessible play component. The committee considered the location of the

maneuvering space critical for use of a swing. This maneuvering space

is required to be located at the swing to facilitate both transfer onto

the swing and to allow space for a parent or care giver to assist

children. Consistent with existing ADAAG requirements, maneuvering

space and clear space may overlap.

16.1.5.1 Exception

This exception eliminates the requirement for maneuvering space on

elevated structures with transfer access only. These systems are

designed for movement on the structure without a wheelchair, therefore

the maneuvering space is not needed.

16.1.5.2 Clear Floor or Ground Space

This provision requires a clear floor or ground space at accessible

play components. This space is required to comply with ADAAG 4.2.4

which provides space for a stationary wheelchair or mobility device.

This space is important for the use of play components. Since each play

component is used differently, designers may choose the appropriate

orientation and location of this space. The clear floor or ground space

shall have a slope not steeper than 1:48 in all directions.

16.1.5.2 Exception

This exception eliminates the requirement for clear floor or ground

space for elevated structures with transfer access only. Accessible

clear floor or ground space is not necessary where structures are not

designed to accommodate wheelchairs. Where ramp access is not provided,

a transfer system is required.

16.1.5.3 Reach Ranges

This provision specifies reach ranges for heights of manipulative

and interactive features of accessible play components. These features

may include steering wheels, tic-tac-toe boards, and other operable

equipment provided for use by children with disabilities on accessible

play components. This section modifies the reach range requirements of

ADAAG 4.2 which are based on adult dimensions and anthropometrics.

The table in this section specifies high and low reach ranges for

children according to age: 36 inches high and 20 inches low for ages 2

through 5; and 40 inches high and 18 inches low for ages 5 through 12.

These age ranges correspond to those specified in ASTM F 1487-95. The

selection shall correspond to the age range of the primary user group

served.

16.1.5.4 Height of Play Components

This provision specifies that when an accessible play component

requires transfer, the entry point or seat must be located between 11

inches minimum and 24 inches maximum above the clear ground or floor

space. This height is necessary for children using wheelchairs and

other mobility devices to transfer onto the play component. The

committee based these dimensions on information in a Board sponsored

research project that examined seat heights and other elements that are

often designed for transferring. The committee used these dimensions,

since transfer height is also critical to these elements. A range has

been established to avoid conflicts with height requirements of play

components designed for movement (rocking, springing, bending).

Play components may be designed without an entry point or seat. In

this case, the provisions of 16.1.5.4 do not apply. Swings and spring

rockers are examples of play components with seats or entry points.

Play components where seats or entry points are not provided include

climbers and balance beams.

[[Page 24087]]

16.1.5.5 Transfer Supports

Similar to the requirement for the transfer platform and transfer

steps, this section requires a means of support for transferring to be

provided. Where an accessible play component requires transfer to the

entry point or seat, such means may consist of a gripable edge of the

play component or some other element that provides a means of support.

Transfer supports are also important to support the effort involved in

moving from a wheelchair or assistive device to an accessible play

component. (See Question 2.)

16.1.6 Accessible Surfaces

16.1.6.1

This provision requires accessible surfaces located within play

areas at ground level to comply with ADAAG 4.5.1 and this section.

Surfaces within the play area that are required to be accessible must

be firm, stable, and slip resistant and also meet the requirements of

the ASTM PS 83 (Provisional Standard Specification for Determination of

Accessibility of Surface Systems Under and Around Playground

Equipment).4 The Board will request approval to incorporate

by reference ASTM PS 83 in these guidelines from the Director of the

Office of the Federal Register prior to publication of the final

guidelines.

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\4\ Copies of ASTM PS 83 are available through the American

Society for Testing and Materials (ASTM) 100 Barr Harbor Drive, West

Conshohocken, PA 19428-2959. Telephone (610) 832-9585.

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The committee has proposed to use ASTM PS 83 to measure the

accessibility of a surface in a play area. This provisional standard

provides a specification for determining the accessibility of the

various surfaces used in play areas. The committee agreed to this

approach to provide more specific guidance to operators and designers

when selecting surfaces for play areas. Owners and operators are often

required to make this determination without sufficient guidance related

to the factors that make a surface accessible to people using

wheelchairs and other mobility aids.

The ASTM F 08.63 subcommittee has worked since May 1994 to prepare

a specification for measuring surfaces to determine accessibility.

ASTM's work was done at the urging of the Access Board and others

interested in identifying objective methods of measuring the level of

accessibility of various surfaces used in play areas. A playground

surface would have to meet the specifications in the ASTM provisional

standard before it would be considered an accessible surface.

The ASTM provisional standard specifically addresses the issue of

``maneuverability''. Maneuverability measures the effort needed to move

a wheelchair across a surface. The development of this ASTM provisional

standard included testing with people with disabilities who use

wheelchairs and other mobility devices and was conducted at Beneficial

Designs in Santa Cruz, CA. Effort required for turning and straight

line movements were measured on different surfaces and slopes. The ASTM

provisional standard assumes that the more difficult a surface is to

turn and travel across, the less accessible it is. When compared to

effort to travel across a very accessible surface, such as concrete, a

minimum acceptable level of effort is yielded.

16.1.6.2

This provision requires accessible surfaces located within the use

zone to be impact attenuating and to comply with the ASTM F 1292

provision for drop testing. The Board will request approval to

incorporate by reference ASTM F 1292 in the guidelines from the

Director of the Office of the Federal Register prior to publication of

the final guidelines. The need for play areas to include safe surfaces,

which are impact attenuating in case of a fall, is critical for

children and for owners and operators. While the committee did not

consider the requirement for an impact attenuating surface in a play

area to be an accessibility issue, several playground surfaces may be

considered accessible but would not meet the requirements for impact

attenuation as defined by ASTM. For example, accessible surfaces such

as concrete or pavement would not meet the requirements for impact

attenuation as defined by ASTM.

There is controversy about which surfaces currently available meet

the requirements for impact attenuation and accessibility. Cost is also

an important factor. General estimates provided to the committee show

large differences in costs between non-accessible loose fill surfaces

that are impact attenuating and surfaces considered both accessible and

impact attenuating. Sand and other loose fill materials, for example,

presently range from approximately $.25 to $1.25 per square foot.

However, rubber matting, poured-in-place rubber, and other accessible

impact attenuating surfaces, presently range from approximately $6.00

to $20.00 per square foot.

The committee did not propose to require an entire play surface to

be accessible because of a variety of considerations. These include a

desire to maximize play value, allow for diversity in the play

experience, and balance the costs with the benefits. The committee

identified those areas where accessible surfacing is necessary so that

children with disabilities can use and enjoy play components.

Question 3. Impact attenuating surfaces have been used to cover

concrete for safety purposes in play areas. The border between the

resilient surface and adjacent surfaces forms a transition between the

two surfaces. Some manufacturers have noted difficulty in meeting the

requirements of ADAAG 4.5.2 for changes in level and for beveled

surfaces. Should there be an exception? If so, under what conditions

should the exception apply?

16.1.7 Handrails

This provision proposes that the diameter or width of handrails be

0.95 inch minimum to 1.55 inch maximum, or a shape that provides an

equivalent gripping surface. This requirement will apply to all

handrails within the play area. The committee proposed this requirement

to be consistent with ASTM F 1487-95.

16.2 Soft Contained Play Structures

This section requires soft contained play structures to comply with

16.2. Soft contained play structures are designed differently than the

more traditional play areas found in parks, schools, and child care

centers. They are designed to promote play inside a structure and were

originally developed as an alternative to the more open designs to

reduce injuries due to falls. Users must fully enter the play system to

participate in this opportunity. The play experience is provided

largely within the structure and can include elements such as ball

pools, slides, climbing nets, and crawl tubes. Children maneuver

through the system by crawling, climbing, pulling and sliding.

16.2.1 Access to Entry Points

This section requires that where three or fewer entry points are

provided for each structure, a minimum of one entry point shall be on

an accessible route. Where four or more entry points are provided, an

accessible route is required to at least two entry points. The

committee agreed that the proposed accessibility guidelines developed

for the more traditional play environments would not be appropriate for

soft contained play structures. As a result, the committee proposed

requirements to ensure access to the entry points of soft contained

play structures. The committee did not consider the interior space of

these structures suitable for

[[Page 24088]]

wheelchairs or other mobility devices. Additionally, these structures

do not include open decks or platforms that would accommodate a

wheelchair.

16.2.1 Exception 1

Exception 1 to this section permits the use of a transfer system

complying with 16.1.4 to be a part of the accessible route connecting

the entry points. The committee considered the use of transfer systems

appropriate to connect entry points, since the interior space is not

suitable for wheelchairs or other mobility devices. For example, a

child either independently or with assistance can enter into a system

at a transfer point, play in a ball pool, maneuver through a tube, and

exit through a slide.

16.2.1 Exception 2

Exception 2 to this section permits the use of platform lifts

(wheelchair lifts) complying with ADAAG 4.11 and applicable State or

local codes as part of an accessible route for a soft contained play

structure. The committee proposed that platform lifts be permitted so

that they may be used in newly constructed play areas that may have

unique environments where ramp access may not be feasible. The

committee considered the use of platform lifts to connect entry points

in soft contained play structures similar to the use of platform lifts

on an accessible vertical route to a performing area in an assembly

occupancy as permitted by ADAAG 4.1.3 Exception 4.

Regulatory Process Matters

Executive Order 12866: Regulatory Assessment

The Access Board has determined that this proposed rule is an

economically significant regulatory action under Executive Order 12866

and has prepared a regulatory assessment of the potential costs and

benefits of the rule. The regulatory assessment has been placed in the

docket and is available for public inspection.

This proposed rule is the result of regulatory negotiation among 17

organizations representing the various interests affected by the rule.

These interests include child care centers, elementary schools, park

and recreation agencies, city and county governments, persons with

disabilities, play equipment designers and manufacturers, and voluntary

consensus standards groups. The regulatory negotiation committee

considered many proposals made by the various interests. As discussed

in the background section of the preamble, the regulatory negotiation

committee agreed to basic principles to guide its negotiations. Among

those principles are that the guidelines should provide opportunity for

children with a variety of abilities to use play areas, support social

interaction and integration, be based on independent use as much as

possible, create challenge not barriers, maintain safety, and be

reasonable in terms of cost relative to benefit. The section-by-section

analysis of the preamble discusses the factors that the regulatory

negotiation committee considered in reaching consensus on the proposed

rule. Where alternatives were presented, the regulatory negotiation

committee aimed for the most cost effective approach for achieving the

regulatory objectives. For example, section 16.1.3 of the proposed rule

requires at least 50 percent of elevated play components to be

accessible and contains different provisions for connecting the

accessible elevated play components by transfer system or ramp based on

the number of elevated play components provided.

The major alternatives which were considered and rejected by the

committee included the following:

(1) Requiring the entire surface of a play area to be accessible

and requiring ramp access to all play components on an elevated

structure. While both alternatives would ensure access for all children

with disabilities in a play area, the cost was considered excessive.

Many owners and operators have an established budget to work within

when designing and constructing play areas. The cost impact of these

alternatives would reduce the amount of ``play value'' and fewer play

components would be designed or purchased. The guidelines identify only

those areas where accessible surfacing is necessary so that children

with disabilities can use and enjoy play components.

(2) Providing a lower level of access for children with

disabilities. The committee considered requiring only transfer access

to all of the elevated structures and requiring ramp access to a

certain height. While these were considered lower cost alternatives,

there was little support from committee members who felt that these

approaches limited access for children with disabilities in a way that

was not consistent with the intent and purposes of the ADA.

Specifically, the committee did not believe these approaches gave

children with disabilities sufficient opportunity to interact and

socialize with other children.

The regulatory assessment examines the potential cost impact of the

proposed rule on three play areas: (1) a medium-size play area such as

may be found in an elementary school; (2) a small play area such as may

be found in a child care center; and (3) a large play area such as may

be found in a public park. Baseline costs were established for each

play area based on the Department of Justice's ``Americans with

Disabilities Act Title II Technical Assistance Manual'' (1994

Supplement), administrative complaints, ASTM F 1487-95 and ASTM PS 83,

and common industry practices.

The regulatory assessment estimates equipment and surfacing cost

increases over the baseline for providing access to elevated and ground

level play components. For equipment, installation costs are estimated

separately at 20 percent to 40 percent of equipment costs. If installed

and maintained properly, it appears that engineered wood fiber, rubber

mats or tiles, and poured-in-place rubber would be permitted for

surface materials. The regulatory assessment considers two surfacing

options for each play area: (1) using engineered wood fiber for the

entire play area; and (2) using a unitary material such as rubber

matting for accessible surfaces and loose fill material such as sand,

wood chips, or pea gravel for the rest of the play area. The estimated

cost range for engineered wood fiber is $.85 to $3.00 per square foot

installed and for rubber matting is $6.00 to $15.00 per square foot

installed. The cost ranges are fairly wide due to the wide range of

existing site conditions.

The medium-size play area examined in the regulatory assessment is

for children age 5 to 12 years old and has a composite play structure

with 4 levels and 10 elevated play components. For the baseline, 8

elevated play components are included and a transfer system is provided

to the first level of the composite structure making 2 play components

on that level accessible. The play area also has a set of swings and 4

other ground level play components. For the baseline, the swing set and

2 other ground level play components are included and the accessible

route does not extend to any of the ground level play components where

a combination of unitary and loose fill surfacing materials is used.

The total baseline costs for the play area range from $16,446 to

$24,361 using engineered wood fiber, and from $16,197 to $26,116 using

a combination of unitary and loose fill materials.

Providing a transfer step between the first and second levels to

make a play component on the second level accessible and adding another

play activity to both the first and second levels so that at least 50

percent of the elevated play components are accessible

[[Page 24089]]

would increase the equipment costs $1,871, plus $374 to $748 for

installation. Adding 2 play activities at the ground level so that the

number of ground level play components equals at least 50 percent of

the total number of elevated play components would increase equipment

costs $992, plus $199 to $397 for installation. Where engineered wood

fiber is used for the entire play area, the surfacing costs would

increase $238 to $786 because the use zone is made larger by the

addition of 2 ground level activities. Where a combination of unitary

and loose fill materials is used, the surfacing costs would increase

$2,447 to $5,811 because additional unitary material is needed to

extend the accessible route to reach the base of one of the elevated

play components and each of the ground level play components. The total

costs for the play area applying the proposed rule would range from

$20,120 to $29,155 using engineered wood fiber (a 21 percent change

over the baseline), and from $21,937 to $32,592 using a combination of

unitary and loose fill materials (a 38 percent change over the

baseline).

The small play area examined in the regulatory assessment is

divided by age groups. One area is for infants and toddlers up to 24

months old. The other area is for children age 2 to 5 years old. The

infant and toddler area is not affected by the proposed rule and thus

there is no cost impact for that area. The area designed for children

age 2 to 5 years old has a composite play structure with 4 elevated

play components on one level, a sand and water play table, portable

painting easels, and 3 imaginative play items on the ground level. For

the baseline, a transfer system is provided to the composite play

structure making at least 50 percent of the elevated play components

accessible. The sand and water table and the paint easels are located

along an existing sidewalk when in use since they are not required to

be located over impact alternating material, and one of the imaginative

play items is located on an accessible route within the play area. The

total baseline costs for the play area range from $12,548 to $16,980

using engineered wood fiber, and from $12,961 to $17,639 using a

combination of unitary and loose fill materials. The proposed rule

would not require any changes over the baseline for the small play

area. The proposed rule allows accessible routes in play areas smaller

than 1,000 square feet to be 44 inches minimum clear width which may

offer some cost savings over the 60 inches minimum clear width

specified in the ASTM F 1487-95 standard.

The large play area examined in the regulatory assessment is for

children age 5 to 12 years old and has a composite structure with

multiple decks on 4 levels and 20 elevated play components. For the

baseline, 19 elevated play components are included and a transfer

system is provided to a deck on the first level which is connected by a

bridge to another deck on the same level, making 5 play components on

that level accessible by a transfer system. The play area also has a

set of swings, an independent slide, a sand play area, and 7 other

ground level play components. For the baseline, the swing set, the

independent slide, the sand play area, and 3 other ground level play

components are included and the accessible route is located along a

side of the sand play area but does not extend to any of the other

ground level play components where a combination of unitary and loose

fill surfacing materials is used. The total baseline costs for the play

area range from $40,223 to $54,578 using engineered wood fiber, and

from $40,965 to $54,409 using a combination of unitary and loose fill

materials.

In addition to providing access to at least 25 percent of the

elevated play components by a transfer system, the proposed rule would

require at least 25 percent of the elevated play components to be

accessible by ramp since the composite play structure has 20 or more

elevated play components. A sloped earth berm is used to gain 24 inches

elevation along the accessible route outside the use zone and a ramp is

used to connect the berm to a 36 inch high deck, making 4 play

components on that deck accessible. The berm costs $4,100, including a

retaining wall, paving, fill, landscaping materials, and installation.

Using a ramp and landings to reach the same elevation as the berm (24

inches) would cost from $4,205 to $18,420 depending on the type of

equipment and surfacing materials used. Berms may be more economical

than ramps for elevation gains of 2 feet or less, especially if these

natural topographic conditions exist on a site and can be incorporated

into the play area with ramp access. In addition to the berm and ramp,

the size of the deck connected by the ramp is increased and a play

activity is added to the deck so that at least 25 percent of the

elevated play components are accessible. The additional cost for the

berm, ramp, increasing the size of the deck, and adding a play activity

to the deck is $6,892, plus $1,378 to $2,757 for installation.

Adding a transfer system to the sand play area and 4 play

activities at the ground level so that the number of ground level play

components equals at least 50 percent of the total number of elevated

play components would increase equipment costs $3,039, plus $608 to

$1,216 for installation. The surfacing costs would increase $128 to

$450 where engineered wood fiber is used for the entire play area

because the use zone is made larger by the addition of the ramp, and

$2,735 to $7,800 where a combination unitary and loose fill materials

is used because additional unitary material is needed to extend the

accessible route to reach the required number of ground level play

components. The total costs for the play area applying the proposed

rule would range from $51,546 to $67,590 using engineered wood fiber (a

26 percent change over the baseline), and from $54,796 to $74,471 using

a combination of unitary and loose fill materials (a 35 percent change

over the baseline).

The regulatory assessment also examines the potential cost impact

of the proposed rule on soft contained play structures. The proposed

rule would require at least one entry point to be located on an

accessible route where three or fewer entry points are provided, and at

least two entry points to be located on an accessible route where four

or more entry points are provided. Transfer systems are permitted. The

proposed rule would add $400 to $1,200 in equipment and surfacing costs

on a structure with three or fewer entry points and $800 to $2,400 on a

structure with four or more entry points, which is 2 percent to 6

percent of the original structure cost.

The variety of play area designs is nearly limitless. It is not

possible to examine every design and develop precise cost data for the

proposed rule. From the designs examined in the regulatory assessment,

some general conclusions can be made. The total cost increase for play

areas designed to meet the requirements of the proposed rule generally

can be kept within 20 percent to 40 percent of the baseline that would

be provided in the absence of the proposed rule. In the case of small

play areas, there may be no additional cost incurred over the baseline.

For soft contained play structures, the cost increase is expected to be

2 percent to 6 percent of the original structure cost. The most

important factor in controlling cost is good design and careful

planning to find the most efficient balance of costs, safety,

maintenance, desired features, and accessibility.

The average cost of a play area has risen approximately 25 percent

to 30

[[Page 24090]]

percent over the past seven years. This increase in cost is largely due

to increased safety measures incorporated into the design of

manufactured play equipment (both modular and individual play

components) and resilient playground surfacing. Despite these increases

in cost, equipment sales have increased by approximately 21 percent

each year over the past five years.

Question 4. The Board is interested in what, if any, effects any

increased cost to provide accessibility for children with disabilities

will have on new play areas. Similar to what occurred with safety

measures, is it reasonable to assume that any additional costs

associated with accessibility will be absorbed? What alternatives will

designers and operators consider in meeting the proposed accessibility

guidelines without sacrificing play value? Will schools and parks

consider decreasing the size of play areas to ensure that both children

with and without disabilities will have equal opportunities?

The Play Equipment Section of the National School Supply and

Equipment Association (NSSEA) maintains a voluntary reporting system

for play equipment sales. Participating companies reported $205 million

in equipment sales for 1996. Non-participating companies are estimated

to have $125 million in equipment sales for 1996. Assuming installation

costs at 30 percent of equipment sales, surfacing costs at 12 percent

of equipment sales, and professional design fees, grading, landscaping,

and other expenses at 10 percent of the equipment sales, the total

estimated expenditures for play areas in 1996 is estimated to be $502

million, of which approximately 80 percent is for new construction.

This amount does not include soft contained play structures, which are

estimated to have $86 million in total expenditures for 1996, with

approximately 85 percent of the amount for new construction. It is

estimated that there are 250,000 play areas in the country and that

licensed child care facilities operate 95,000 (38 percent) of the play

areas, elementary schools operate 53,900 (22 percent) of the play

areas, and parks operate 101,000 (40 percent) of the play areas.

Assuming each of these entities builds new play areas in the same

proportion as it operates them and a 20 percent to 40 percent cost

increase based on the examples of the medium and large size play areas

examined in the regulatory assessment, the economic impact of the

proposed rule on elementary schools and parks is estimated to be $50

million to $100 million annually. For purposes of the proposed rule, it

is assumed that licensed child care facilities have an average capacity

of 65 to 70 children, that the children use the play areas in small

groups, and that the play areas operated by those entities are likely

to be small. Since no additional cost was projected in the example of

the small play area examined in the regulatory assessment, no economic

impact is estimated for small play areas operated by licensed child

care facilities.

Question 5. The Board seeks information on licensed child care

facilities, including the size of play areas operated, types of play

equipment used, and current practices for providing access to new play

areas.

For soft contained play structures, the economic impact of the

proposed rule is estimated to be $1.5 million to $4.5 million annually.

Initial Regulatory Flexibility Analysis

The Regulatory Flexibility Act of 1980, 5 U.S.C. 601, et seq.

(RFA), was enacted to ensure that small entities are not unnecessarily

burdened by government regulations. The RFA requires agencies to review

rules that may have a ``significant economic impact on a substantial

number of small entities.'' The Board has determined that this proposed

rule is an economically significant regulatory action and therefore the

preparation of an Initial Regulatory Flexibility Analysis (IRFA) is

appropriate. Accordingly, pursuant to the RFA, the Board's IRFA is as

follows.

I. Need For and Final Objectives of the Guidelines

The Access Board is responsible for developing accessibility

guidelines under the Americans with Disabilities Act of 1990 (ADA) to

ensure that new construction and alterations of facilities covered by

titles II and III of the ADA are readily accessible to and usable by

individuals with disabilities. Titles II and III of the ADA cover a

wide variety of recreation facilities such as boating and fishing

facilities, golf courses, parks, places of amusement, play areas,

sports facilities, and trails. While these facilities are covered by

the existing provisions of ADAAG, some recreation facilities have

unique features for which additional provisions and special application

sections are needed.

In July 1993, the Access Board convened the Recreation Access

Advisory Committee (RAAC) to make recommendations concerning the

development of additional guidelines to address areas unique to

recreation facilities. The RAAC issued a report in July 1994 which

addressed the various types of recreation facilities and identified the

features of each facility type that were not adequately addressed by

ADAAG. In September 1994, the Board published an Advance Notice of

Proposed Rulemaking (ANPRM) requesting public comment on the RAAC's

recommendations. Following the issuance of the ANPRM, the Access Board

established a regulatory negotiation committee on accessibility

guidelines for play areas in March 1996. The regulatory negotiation

committee developed these proposed guidelines which address newly

constructed and altered play areas.

As proposed, these guidelines address access to ground level and

elevated play components. Additional ground level accessible play

components may be required, depending on the type of vertical access

provided to elevated structures. The guidelines are based on children's

anthropometric dimensions and other resource information, including

children with disabilities using a variety of assistive devices. Where

possible, the guidelines are based on independent use of the facility

by children with disabilities. The guidelines also address access for

parents and care givers who may have a disability.

The guidelines maintain safety standards consistent with ASTM F

1487-95 and provide information to assist designers, operators, and

owners to effectively incorporate access into their designs. The

guidelines are intended to be reasonable in terms of cost relative to

these benefits.

II. Description and Estimate of the Number of Small Businesses to

Which These Guidelines Will Apply

These guidelines address play facilities covered under titles II

and III of the ADA and ensure that the construction or alteration of

those facilities is readily accessible to and usable by individuals

with disabilities. Title II of the ADA covers buildings constructed or

altered by, on behalf of, or for the use of State and local

governments, while title III of the ADA addresses places of public

accommodation and commercial facilities.

Small Businesses

The term small business is defined by the RFA as having the same

meaning as the term small business concern under section 632 of the

Small Business Act, 15 U.S.C. 632. A small business concern is defined

as ``one which is independently owned and operated and which is not

dominant in its field of operation.'' The Administrator of the

[[Page 24091]]

Small Business Administration may provide additional criteria by which

a concern may be determined to be a small business concern.

There are 10 industry categories established by the Small Business

Administration which are applicable to these guidelines. However, as

discussed below, many of the categories noted are overbroad in the

inclusion of potential businesses affected by these proposed guidelines

and accordingly the number of potential business provided in the census

data is higher than the actual estimate. For example, in the category

of landscape counseling and planning services, only those businesses

which are engaged in designing play areas would be impacted by the

provisions proposed in these guidelines. Similarly, in the category of

amusement parks and kiddie parks, these guidelines would apply to play

areas in those facilities, but do not address mechanical rides,

refreshment stands or picnic grounds. Additional examples are discussed

in the list of categories of businesses potentially affected by the

guidelines which follows:

(1) Establishments primarily engaged in the manufacturing of

sporting and athletic goods. This category would include gymnasium and

playground equipment; golf and tennis goods; baseball, football,

basketball and boxing equipment; fishing tackle; roller skates and ice

skates; billiard and pool tables; and bowling alleys and equipment.

5 These establishments are considered to be small businesses

if they have 500 or less employees. (See 13 CFR 121.201.) Census data

indicates that there are 2,115 such entities, of which 98% or 2,064 are

considered small businesses. 6 However, because these

guidelines are limited to equipment manufactured for play areas, this

category is over inclusive and many of the manufacturers included in

the census data for this class would not be impacted by these

guidelines.

---------------------------------------------------------------------------

\5\ Executive Office of the President, Office of Management and

Budget, Standard Industrial Classification Manual (1987) (SIC 3949).

\6\ U.S. Small Business Administration, Industry and Employment

Size of Enterprise for 1993, Table 3, SIC 3949 (U.S. Bureau of the

Census data under contract to the SBA).

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(2) Establishments primarily engaged in child day care services.

This would include the care of infants or children, or providing

prekindergarten education, where medical care or delinquency correction

is not a major element. These establishments may or may not have

substantial educational programs. They generally care for

prekindergarten or preschool children, but may care for older children

when they are not in school. 7 These establishments are

considered to be small businesses if they have $5 million or less in

annual receipts. (See 13 CFR 121.201.) Census data indicates that there

are 43,449 such establishments, of which 99% or 43,321 are small

business concerns. 8

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\7\ Executive Office of the President, Office of Management and

Budget, Standard Industrial Classification Manual (1987) (SIC 8351).

\8\ U.S. Small Business Administration, Industry and Employment

Size of Enterprise for 1993, Table 3, SIC 8351 (U.S. Bureau of the

Census data under contract to the SBA).

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(3) Elementary and secondary schools. This would include elementary

and secondary schools furnishing academic courses, ordinarily for

kindergarten through grade 12. Included in this industry are parochial

schools and military academies furnishing academic courses for

kindergarten through grade 12, and secondary schools which furnish both

academic and technical courses. 9 With respect to private

schools, these establishments are considered to be small businesses if

they have $5 million or less in annual receipts. (See 13 CFR 121.201.)

Census data indicates that there are 16,646 elementary or secondary

schools which are private or military establishments, of which 91% or

13,341 are small business concerns. 10 Because these

guidelines address play areas, typically only the elementary schools,

and not secondary schools, included in the census data would be

impacted. With respect to public schools, there are 60,052 elementary

public schools. 11 However, only those elementary schools

operated by government entities with populations of less than 50,000

are considered small entities for purposes of the RFA. 12

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\9\ Executive Office of the President, Office of Management and

Budget, Standard Industrial Classification Manual (1987) (SIC 8211).

\10\ U.S. Small Business Administration, Industry and

Employment Size of Enterprise for 1993, Table 3, SIC 8211 (U.S.

Bureau of the Census data under contract to the SBA).

\11\ Department of Education, National Center for Education

Statistics, Digest of Education Statistics 1995, Table 5.

\12\ 5 U.S.C. 601(5).

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(4) Civic, Social, and Fraternal Associations. This category would

include organizations engaged in civic, social or fraternal activities.

13 These establishments are considered to be small

businesses if they have $5 million or less in annual receipts. (See 13

CFR 121.201.) Census data indicates that there are 39,962 such

establishments, of which 99% or 39,883 are small business concerns.

14 However, many of the entities identified in the category

and included in the census data would not be impacted by these

guidelines. For example, this category includes booster clubs,

citizens' unions, university clubs, tenant associations and other such

organizations. Only those entities such as parent-teacher associations

or community groups which might be engaged in providing play facilities

would be impacted by the guidelines.

---------------------------------------------------------------------------

\13\ Executive Office of the President, Office of Management

and Budget, Standard Industrial Classification Manual (1987) (SIC

8641).

\14\ U.S. Small Business Administration, Industry and

Employment Size of Enterprise for 1993, Table 3, SIC 8641 (U.S.

Bureau of the Census data under contract to the SBA).

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(5) Eating places. This would include establishments primarily

engaged in the retail sale of prepared food and drinks for on-premise

or immediate consumption. Caterers and industrial and institutional

food service establishments are also included in this

industry.15 These establishments are considered to be small

businesses if they have $5 million or less in annual receipts. (See 13

CFR 121.201.) Census data indicates that there are 262,563 such

establishments, of which 98% or 256,281 are small business

concerns.16 As with previous categories, not all of the

businesses identified in this category will be impacted by these

proposed guidelines. Only those eating places which provide play areas

for patrons such as fast serve restaurants will be affected by the

guidelines.

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\15\ Executive Office of the President, Office of Management and

Budget, Standard Industrial Classification Manual (1987) (SIC 5812).

\16\ U.S. Small Business Administration, Industry and Employment

Size of Enterprise for 1993, Table 3, SIC 5812 (U.S. Bureau of the

Census data under contract to the SBA).

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(6) Sporting goods stores and bicycle shops. This category includes

establishments primarily engaged in the retail sale of sporting goods,

sporting equipment, and bicycles, bicycle parts, and

accessories.17 These establishments are considered to be

small businesses if they have $5 million or less in annual receipts.

(See 13 CFR 121.201.) Census data indicates that there are 20,345 such

establishments, of which 99% or 20,192 are small business

concerns.18 However, only those establishments which are

engaged in the retail sale of playground equipment would be affected by

these proposed guidelines.

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\17\ Executive Office of the President, Office of Management and

Budget, Standard Industrial Classification Manual (1987) (SIC 5941).

\18\ U.S. Small Business Administration, Industry and Employment

Size of Enterprise for 1993, Table 3, SIC 5941 (U.S. Bureau of the

Census data under contract to the SBA).

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(7) Sporting and recreational camps. This would include

establishments primarily engaged in operating sporting and recreational

camps, such as boys' and girls' camps, and fishing and

[[Page 24092]]

hunting camps.19 These establishments are considered to be

small businesses if they have $5 million or less in annual receipts.

(See 13 CFR 121.201.) Census data indicates that there are 2,812 such

establishments, of which 100% or 2,812 are small business

concerns.20

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\19\ Executive Office of the President, Office of Management and

Budget, Standard Industrial Classification Manual (1987) (SIC 7032).

\20\ U.S. Small Business Administration, Industry and Employment

Size of Enterprise for 1993, Table 3, SIC 7032 (U.S. Bureau of the

Census data under contract to the SBA).

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(8) Establishments of the type known as amusement parks and kiddie

parks which group together and operate in whole or in part a number of

attractions, such as mechanical rides, amusement devices, refreshment

stands, and picnic grounds.21 These establishments are

considered to be small businesses if they have $5 million or less in

annual receipts. (See 13 CFR 121.201.) Census data indicates that there

are 861 such establishments, of which 93% or 797 are small business

concerns.22

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\21\ Executive Office of the President, Office of Management and

Budget, Standard Industrial Classification Manual (1987) (SIC 7996).

\22\ U.S. Small Business Administration, Industry and Employment

Size of Enterprise for 1993, Table 3, SIC 7996 (U.S. Bureau of the

Census data under contract to the SBA).

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(9) Establishments primarily engaged in landscape counseling and

planning services.23 As determined by the Small Business

Administration, these establishments are considered to be small

businesses if they have $5 million or less in annual receipts. (See 13

CFR 121.201.) According to the U.S. Bureau of the Census data, there

are approximately 4,581 such firms, of which approximately 100% qualify

as small businesses.24

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\23\ Executive Office of the President, Office of Management and

Budget, Standard Industrial Classification Manual (1987) (SIC 0781).

\24\ U.S. Small Business Administration, Industry and Employment

Size of Enterprise for 1993, Table 3, SIC 0781 (U.S. Bureau of the

Census data under contract to the SBA).

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(10) Lumber and other Building Materials Dealers. This would

include establishments engaged in selling primarily lumber, or lumber

and a general line of building materials, to the general public. While

these establishments may sell primarily to construction contractors,

they are considered as retail in the trade.25 These

establishments are considered to be small businesses if they have $5

million or less in annual receipts. (See 13 CFR 121.201.) Census data

indicates that there are 19,713 such establishments, of which 85% or

16,718 are small business concerns.26 Not all of the

entities which are engaged in selling lumber and other building

materials would be impacted by these guidelines. Many of the businesses

included in this category are engaged in the sale of brick, tile,

doors, flooring and other materials not typically utilized in a play

area and therefore would not be affected by the requirements of this

rule.

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\25\ Executive Office of the President, Office of Management and

Budget, Standard Industrial Classification Manual (1987) (SIC 5211).

\26\ U.S. Small Business Administration, Industry and Employment

Size of Enterprise for 1993, Table 3, SIC 5211 (U.S. Bureau of the

Census data under contract to the SBA).

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This rule applies to State and local governments under title II of

the ADA and would therefore apply to parks and recreational areas

operated by these entities. The National Recreation and Park

Association estimates that there are 4,800 park and recreation

departments operated by municipalities, public/private entities and

counties. For purposes of the RFA, governments of cities, counties,

towns, townships and villages are considered small governmental

jurisdictions if they have a population of less than

50,000.27 Available U.S. Census Bureau data does not

identify the number of local governments which have populations of less

than 50,000. The Board is seeking information on the number of small

governmental jurisdictions which would be impacted by these guidelines.

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\27\ 5 U.S.C. 601(5).

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III. Description of Reporting, Recordkeeping and Other Compliance

Requirements

Owners and operators developing new play areas will be required to

provide a minimum level of accessibility for children with

disabilities. For components which are not elevated, at least one of

each type of play component must be accessible. (See 16.1.1 Ground

Level Play Components.) In many playgrounds, this will mean that at

least one rocking or spring animal, or at least one sand digger in a

series of diggers must be accessible. Accessible play components must

be reachable by children seated in wheelchairs through accessible

surfacing. (See 16.1.5 Accessible Play Components.)

For elevated play components, different levels of accessibility are

required based on the size of the structures. Since additional costs

are often incurred when providing ramp access to elevated structures,

many small structures are not required to have ramp access. Instead,

small structures are permitted to have a ``transfer system.'' (See

16.1.4 Transfer System.) ``Transfer systems'' provide an opportunity

for children with disabilities to transfer from their wheelchairs or

other mobility devices to use play components. To provide opportunities

for children who are unable to transfer to the elevated structures, a

certain percentage of additional accessible play components are

required on the ground level. This requirement may be partially met

through making ``one of each type'' of ground level play component

accessible.

When owners and operators alter a play area, they would be required

to follow the proposed accessibility guidelines as it applies to the

element that they are altering. For example, if an existing spring

animal is altered, the accessibility guidelines for accessible ground

level play components would apply. If no other accessible spring

rockers are already provided, this would require the operator to design

the altered spring rocker to be accessible for children with

disabilities.

An important exception has been included in the proposed

accessibility guidelines to limit the impact of alterations that may be

triggered by safety surface replacement. As proposed, the guidelines

would allow play equipment to be relocated to create safe use zones

without triggering the alterations requirements of ADAAG 4.1.6 if the

surface is not changed or extended for more than one use zone.

Several additional exceptions have been included within the

proposed accessibility guidelines which will minimize the impact of the

guidelines. Those exceptions include:

(1) Application. These guidelines apply to play areas designed for

children ages two and over which is consistent with voluntary safety

standards for playgrounds. They do not apply to play areas for children

ages two and under. (See 16.1 Play Areas.)

(2) Alterations. As discussed previously, the guidelines allow play

equipment to be relocated to create safe use zones without triggering

the alterations requirements of ADAAG 4.1.6 if the surface is not

changed or extended for more than one use zone. This will minimize the

potential cost impact of creating safer play areas, while balancing the

need for accessibility for children with disabilities. (See 16.1 Play

Areas, Exception 1.)

(3) Platform lifts. This exception allows the use of a platform

lift as part of an accessible route to an elevated structure. This

provides designers and operators with another way to provide vertical

access in these unique environments. (See 16.1 Play Areas, Exception

2.)

[[Page 24093]]

(4) Protruding objects. This exception exempts play areas from the

prohibitions against protruding objects contained in ADAAG 4.4

(Protruding Objects) except for the accessible route within a play

area. Generally, elements mounted along circulation paths may not

project more than 4 inches, if the leading edge is above 27 inches and

below 80 inches. The regulatory negotiation committee considered the

unique environment of the play area and believed that this requirement

may have the effect of substantially altering the nature and design of

a play area and therefore proposed an exception. (See 16.1 Play Areas,

Exception 3.)

(5) Accessible routes. The guidelines permit the width of the

accessible route in play areas to be reduced. These exceptions reduce

the amount of accessible surfacing that is required where there are

special conditions. The accessible route can be reduced to 44 inches,

for example, in play areas with less than 1,000 square feet. This

provision will assist the smaller child care facilities in meeting

these guidelines. (See 16.1.3.1 Clear Width and Height, Exception 1.)

(6) Soft contained play structures. Soft contained play structures

are designed to promote play inside the structure and are often found

in fast serve restaurants and other retail establishments. Exceptions

have been proposed which consider these unique environments and limit

access to the entry points of the structure. (See 16.2 Soft Contained

Play Structures.)

In addition to these exceptions, ADAAG Section 2.2 (Equivalent

Facilitation) which would apply to these proposed guidelines, provides

that covered entities may depart from the particular technical and

scoping requirements where the result will provide substantially

equivalent or greater access to and usability of the facility.

As discussed in further detail in this Regulatory Process section,

the Board has prepared a regulatory assessment which examines the

potential cost impact of these guidelines on three play areas including

a small, medium and a large size play area. (See Executive Order 12866:

Regulatory Assessment.) The baseline costs for the assessment were

based on the Department of Justice's ``Americans with Disabilities Act

Title II Technical Assistance Manual'' (1994) Supplement,

administrative complaints, ASTM F 1487-95 and ASTM PS 83, and common

industry practices. In small play areas, the proposed guidelines would

not result in any additional costs; for medium size play areas, the

cost increase would be approximately 21 to 38 percent depending on the

type of surfacing materials used; and for larger play areas, the

increased cost would be from 26 to 35 percent depending on the surface

materials. For soft contained play structures, the proposed rule would

result in an increase of 2 to 6 percent of the original structure

costs.

As proposed, there are no recordkeeping requirements in these

guidelines.

IV. Description of Steps Taken to Minimize the Significant Economic

Impact Consistent with the Stated Objectives and Significant

Alternatives Considered and Rejected

Efforts to Minimize Impact

As previously discussed, these proposed guidelines were the result

of a regulatory negotiation process. The regulatory negotiation

committee members included individuals representing small businesses

and entities including the National Child Care Association,

International Play Equipment Manufacturers Association, National

Recreation and Park Association, National League of Cities, National

Association of Counties, and the National Parent-Teacher Association.

Various State and local government entities also participated in the

discussions of the committee. Meetings of the committee were held in

different locations across the country. At the conclusion of each day

of a full committee meeting, public comment was invited and over 250

members of the public attended. In addition, the committee members

visited play area sites operated by small entities. One of the

committee meetings was held in conjunction with the National Recreation

and Park Association Annual Congress and over 100 members of the public

attended. The National Recreation and Park Association includes small

municipal park and recreation agencies.

Throughout its deliberations, the committee carefully considered

and incorporated several alternatives which minimized the impact of the

guidelines on small entities. Those provisions include the following:

(1) The Board's ANPRM requested public comment on the RAAC's

recommendation to include a requirement that, in the design process,

covered entities document accessible routes of travel for play areas,

accessible points of access for elevated equipment and provision of

play components accessible by ramp and transfer systems. The ANPRM also

requested comment on requiring covered entities to document

consultation with person with disabilities during the planning process

of a play area. The majority of the comments received in response to

this recommendation did not support the inclusion of a requirement for

such documentation. The regulatory negotiation committee viewed the

requirements for documentation as too onerous and not practical in all

settings. The guidelines do not propose a recordkeeping requirement.

(2) The committee differentiated between play areas with a smaller

number of play components and those with a greater number of

components. As ramp access costs always exceed the costs of transfer

access, the committee has proposed to require ramp access only on

larger structures with a great number of components. For the ramp to be

cost effective, the committee determined that the play structure should

contain 20 or more play components before a ramp is required. (See

16.1.3 Exception 1.) In addition, the committee has proposed that

platform lifts may be used in lieu of ramps to elevated play

structures. (See 16.2.1 Access to Entry Points, Exception 2.)

(3) In play areas with less than 1,000 square feet, the guidelines

provide that ground accessible routes shall be permitted to be 44

inches minimum clear width, a reduction from the 60 inches minimum

clear width required in larger play areas. (See 16.1.3.1 Clear Width

and Height.)

(4) Where soft contained play structures have three or less entry

points, the committee has recommended that only one entry point be

required to be on an accessible route. Where four or more entry points

are provided, only two are required to be on an accessible route. (See

16.2.1 Access to Entry Points.)

(5) The committee proposed a maximum height for transfer platforms

consistent with existing manufactured composite play structures. (See

16.1.4.1.2 Height.)

In addition to the foregoing provisions, the Access Board provides

technical assistance and training to small businesses covered by the

ADA and these guidelines. The Access Board's toll-free number allows

callers to receive technical assistance at no cost and to order

informational publications. The Access Board conducts in-depth training

programs to advise and educate the general public, as well as

architects and other professionals on the accessibility guidelines and

requirements.

[[Page 24094]]

Significant Alternatives That Were Rejected

Throughout its deliberations, the regulatory negotiation committee

addressed a number of alternatives to providing accessibility within a

play area for children with disabilities. The major alternatives which

were considered and rejected by the committee included the following:

(1) Requiring the entire surface of a play area to be accessible

and requiring ramp access to all play components on an elevated

structure. While both alternatives would ensure access for all children

with disabilities in a play area, the cost was considered excessive.

Many owners and operators have an established budget to work within

when designing and constructing play areas. The cost impact of these

alternatives would reduce the amount of ``play value'' and less play

components would be designed or purchased. The guidelines identify only

those areas where accessible surfacing is necessary so that children

with disabilities can use and enjoy play components.

(2) Providing a lower level of access for children with

disabilities. The committee considered requiring only transfer access

to all of the elevated structures and requiring ramp access to a

certain height. While these were considered lower cost alternatives,

there was little support from committee members who felt that these

approaches limited access for children with disabilities in a way that

was not consistent with the intent and philosophy of the ADA.

Specifically, the committee did not believe these approaches gave

children with disabilities sufficient opportunity to interact and

socialize with other children.

Executive Order 12612: Federalism

The proposed rule is issued under the authority of the Americans

with Disabilities Act. Ensuring the civil rights of individuals with

disabilities has been recognized as a responsibility of the Federal

government. The proposed rule does not otherwise affect the

relationship between the Federal government and the States or the

distribution of power and responsibilities among the various levels of

government to warrant an assessment of federalism implications under

Executive Order 12612.

Executive Order 12875: Intergovernmental Partnership

The Access Board has involved State and local governments in the

development of the proposed rule. The National Association of Counties,

National League of Cities, National Recreation and Park Association,

and National Association of Elementary School Principals were members

of the regulatory negotiation committee. Members disseminated

information regarding the rulemaking through their organizations and

presented their concerns during the regulatory negotiation process. The

regulatory negotiation committee also met in different cities and

provided an opportunity for public comment at each meeting. In

addition, the Access Board published an ANPRM requesting public comment

on the Recreation Access Advisory Committee's report, which included

recommendations for providing access to play areas. State and local

governments commented on the ANPRM. The regulatory negotiation

committee was convened in response to the public comments on the ANPRM

to allow State and local governments and other interests affected by

the rulemaking to be more directly involved in the development of the

proposed rule.

Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act does not apply to proposed or

final rules that enforce constitutional rights of individuals or

establish or enforce any statutory rights that prohibit discrimination

on the basis of race, color, religion, sex, national origin, age,

handicap, or disability. Since the proposed rule is issued under the

authority of the Americans with Disabilities Act, an assessment of the

rule's effects on State, local, and tribal governments, and the private

sector is not required by the Unfunded Mandates Reform Act.

List of Subjects in 36 CFR Part 1191

Buildings and facilities, Civil rights, Individuals with

disabilities, Transportation.

Authorized by vote of the Access Board on July 9, 1997.

Patrick D. Cannon,

Chair, Architectural and Transportation Barriers Compliance Board.

Editorial Note: This document was received at the Office of the

Federal Register on April 23, 1998.

For the reasons set forth in the preamble, the Architectural and

Transportation Barriers Compliance Board proposes to amend Part 1191

of title 36 of the Code of Federal Regulations as follows:

PART 1191--AMERICANS WITH DISABILITIES ACT (ADA) ACCESSIBILITY

GUIDELINES FOR BUILDINGS AND FACILITIES

1. The authority citation for 36 CFR Part 1191 continues to read as

follows:

Authority: 42 U.S.C. 12204.

Appendix A to Part 1191 [Amended]

2. Appendix A to Part 1191 is amended by adding and reserving a new

section 15.

3. Appendix A to Part 1191 is amended by adding a new section 16 to

read as follows:

Appendix A to Part 1191--Americans With Disabilities Act (ADA)

Accessibility Guidelines for Buildings and Facilities

* * * * *

16. PLAY AREAS.

Definitions.

Composite Play Structure. Two or more play components attached

or functionally linked to create an integrated unit that provides

more than one play activity.

Elevated Play Component. A play component that is part of a

composite play structure and approached above or below grade.

Ground Level Play Component. A play component that is approached

and exited at the ground level.

Play Area. A portion of a site containing play components

designed and constructed for children in a specified age range as

designated by ASTM F 1487-95.

Play Component. An element intended to generate specific

opportunities for play, socialization, or learning. Play components

may be manufactured or natural, and be stand alone, or part of a

composite play structure.

Soft Contained Play Equipment. A play structure made up of one

or more components where the user enters a fully enclosed play

environment that uses pliable material(s) (e.g., plastic, netting,

fabric).

Use Zone. The ground level area beneath and immediately adjacent

to a play structure or equipment that is designated for unrestricted

circulation around the equipment and on whose surface it is

predicted that a user would land when falling from or exiting the

equipment as designated by ASTM F 1487-95.

16.1 Play Areas. Where provided, each play area designed for

children ages 2 and over shall comply with the applicable provisions

in section 4, except as modified or otherwise provided in this

section.

Exception 1: This section does not apply to existing play areas

where play equipment is relocated to create safe use zones and where

the surface is not changed or extended for more than one use zone.

Exception 2: Platform lifts (wheelchair lifts) complying with

4.11 and applicable State or local codes are permitted to be used as

part of an accessible route within a play area.

Exception 3: The provisions of 4.4 shall not apply within the

boundary of the play area.

[[Page 24095]]

16.1.1 Ground Level Play Components

(1) Where ground level play components are provided, at least

one of each type shall comply with 16.1.5.

(2) Where elevated play components are provided, ground level

play components complying with 16.1.5 shall be provided in a number

at least equal to 50% of the total number of elevated play

components.

Exception: Where ramp access is provided to each elevated play

component, 16.1.1(2) shall not apply.

(3) Where more than one accessible ground level play components

are provided, they shall be integrated in the play area.

16.1.2 Elevated Play Components. Where elevated play components

are provided, at least 50% shall comply with 16.1.5.

16.1.3 Accessible Routes. At least one accessible route shall be

located within the boundary of the play area and shall connect

accessible play components, including accessible entry and exit

points of accessible play components, and accessible elements.

Exception 1: Where less than 20 elevated play components are

provided, accessible elevated play components required by 16.1.2

shall be permitted to be connected by a transfer system complying

with 16.1.4 (See Table 1). An accessible play component may be used

to connect to another accessible play component.

Exception 2: Where 20 or more elevated play components are

provided, no more than 50% of the accessible elevated play

components required by 16.1.2 shall be permitted to be connected by

a transfer system complying with 16.1.4 (See Table 1). An accessible

play component may be used to connect to another accessible play

component.

Table 1

----------------------------------------------------------------------------------------------------------------

Minimum

percentage Minimum

required to be percentage

Number of elevated play components provided throughout a play accessible and required to be Total

area accessed by accessible and (percent)

transfer system accessed by ramp

or ramp

----------------------------------------------------------------------------------------------------------------

1-19......................................................... 50 none 50

20 plus...................................................... 25 25 50

----------------------------------------------------------------------------------------------------------------

Exception 3: Handrails are not required at ramps located in the

use zone of a play area.

16.1.3.1 Clear Width and Height. Accessible routes shall be 60

in (1525 mm) minimum clear width. Objects shall not protrude into

the accessible route at or below 80 in (2030 mm) above the surface.

Exception 1: In play areas less than 1,000 square feet, ground

accessible routes shall be permitted to be 44 in (1120 mm) minimum

clear width. At least one turning space complying with 4.2.3 shall

be provided where the accessible route exceeds 30 feet (9.14 m) in

length.

Exception 2: Ground level accessible routes shall be permitted

to be 36 in (915 mm) minimum clear width for a distance of 60 in

(1525 mm) maximum, provided that multiple 36 in (915 mm) wide

segments are separated by segments that are 60 in (1525 mm) minimum

in length and 60 in (1525 mm) minimum in width.

Exception 3: Elevated accessible routes shall be permitted to be

36 in (915 mm) minimum clear width.

Exception 4: The clear width of elevated accessible routes shall

be permitted to be reduced to 32 in (815 mm) minimum for a distance

of 24 in (610 mm) maximum.

16.1.3.2 Ramp Slope and Rise. Ramps shall comply with 4.8

except as modified by 16.1.3.2.

16.1.3.2.1 Slope. The maximum slope for ground level accessible

routes within the boundary of a play area shall be 1:16.

16.1.3.2.2 Ramp Rise. Where a ramp is a part of an elevated

accessible route, the maximum rise of any ramp run shall be 12 in

(305 mm).

16.1.3.2.3 Handrail Height. Top of gripping surfaces of

handrails shall be 20 in (510 mm) minimum to 28 in (710 mm) maximum

above the ramp surface.

16.1.4 Transfer Systems. Transfer systems connecting levels

having accessible play components shall include transfer platforms

complying with 16.1.4.1 or transfer steps complying with 16.1.4.2.

16.1.4.1 Transfer Platforms. Transfer platforms shall comply

with 16.1.4.1.

16.1.4.1.1 Size. Platforms shall have a level surface 14 in

(335 mm) minimum in depth and 24 in (610 mm) minimum in width.

16.1.4.1.2 Height. Platform surfaces shall be 11 in (280 mm)

minimum to 18 in (455 mm) maximum above the ground or floor surface.

16.1.4.1.3 Transfer Space. A level space complying with 4.2.4

shall be provided along a 24 in (610 mm) minimum unobstructed side

of the transfer platform.

16.1.4.1.4 Transfer Supports. A means of support for

transferring shall be provided.

16.1.4.2 Transfer Steps. Transfer steps shall comply with

16.1.4.2.

16.1.4.2.1 Size. Transfer steps shall comply with 16.1.4.1.1.

16.1.4.2.2 Height. A transfer step shall be 8 in (205 mm)

maximum high.

16.1.4.2.3 Transfer Supports. A means of support for

transferring shall be provided.

16.1.5 Accessible Play Components. Accessible play components

shall comply with 16.1.5.

16.1.5.1 Maneuvering Space. Maneuvering space complying with

4.2.3 shall be provided on the same level as the play components

served. Maneuvering space shall have a slope not steeper than 1:48

in all directions. The maneuvering space required for accessible

swings shall be located at the swing.

Exception: Maneuvering space is not required at accessible

elevated play components connected only by a transfer system.

16.1.5.2 Clear Floor or Ground Space. Clear floor or ground

space shall be provided at accessible play components and shall be

30 in (760 mm) by 48 in (1220 mm) minimum. Clear floor or ground

space shall have a slope not steeper than 1:48 in all directions.

Exception: Clear floor or ground space is not required at

accessible play components connected only by a transfer system.

16.1.5.3 Reach Ranges. Manipulative and interactive features of

accessible play components shall be within the reach ranges

specified in 16.1.5.3.1.

16.1.5.3.1 Forward and Side Reach. The high forward or high

side reach, and the low forward or low side reach shall comply with

Table 2 below and shall correspond to the age range of the primary

user group;.

Table 2.--Forward and Side Reach

----------------------------------------------------------------------------------------------------------------

Age Range High Reach (not more than) Low Reach (not less than)

----------------------------------------------------------------------------------------------------------------

Ages 2 through 5......................... 36 in (915 mm) 20 in (510 mm)

Ages 5 through 12........................ 40 in (1015 mm)................... 18 in (455 mm)

----------------------------------------------------------------------------------------------------------------

[[Page 24096]]

16.1.5.4 Height of Play Components. Where an accessible play

component requires transfer to the entry point or seat, the entry

point or seat shall be 11 in (280 mm) minimum and 24 in (610 mm)

maximum above the required clear ground or floor space.

16.1.5.5 Transfer Supports. Where an accessible play component

requires transfer to the entry point or seat, a means of support for

transfers shall be provided.

16.1.6 Accessible Surfaces. Accessible surfaces located within

play areas at ground level shall comply with 4.5.1 and 16.1.6.

16.1.6.1 Accessible surfaces located within play areas shall

comply with the provisions of ASTM PS 83 Provisional Standard

Specification for Determination of Accessibility of Surface Systems

Under and Around Playground Equipment (April 1997).

16.1.6.2 If located within use zones, accessible surfaces shall

be impact attenuating and shall comply with ASTM F 1292.

16.1.7 Handrails. Where handrails are provided within a play

area, the handrails shall have a diameter or width of 0.95 in (24.1

mm) minimum to 1.55 in (39.4 mm) maximum, or the shape shall provide

an equivalent gripping surface.

16.2 Soft Contained Play Structures. Soft contained play

structures shall comply with 16.2.

16.2.1 Access to Entry Points. Where three or fewer entry

points are provided, at least one shall be located on an accessible

route. Where four or more entry points are provided, at least two

shall be located on an accessible route. Accessible routes shall

comply with 4.3.

Exception 1: A transfer system complying with 16.1.4 shall be

permitted.

Exception 2: Platform lifts (wheelchair lifts) complying with

4.11 and applicable State or local codes are permitted to be used as

part of an accessible route for soft contained play structures.

* * * * *

[FR Doc. 98-11283 Filed 4-29-98; 8:45 am]

BILLING CODE 8150-01-P