Americans With Disabilities Act Accessibility Guidelines; Recreation Facilities

SUMMARY: The Architectural and Transportation Barriers Compliance Board

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

Accessibility Guidelines (ADAAG) by adding a new special application

section for newly constructed and altered recreation facilities that

are not adequately addressed by the existing guidelines. The new

section covers amusement rides, boating facilities, fishing piers and

platforms, golf courses, miniature golf, exercise equipment and

machines, bowling lanes, shooting ranges, swimming pools, wading pools,

and spas. The proposed rule also amends several existing ADAAG

provisions to specifically address certain recreation facility features

and adds provisions for saunas and steam rooms, and benches. Finally,

the proposed rule adds a provision for boat and ferry docks. The

amendments will ensure that newly constructed and altered recreation

facilities are readily accessible to and usable by individuals with

disabilities.

DATES: Comments should be received by November 8, 1999. The Access

Board will hold a public hearing on the proposed rule on August 26,

1999 from 9:00 a.m. to 3:00 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. E-mail comments should be sent to

[email protected]. Comments sent by e-mail will be considered

only if they include the full name and address of the sender in the

text. 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 Hyatt Regency, 300 Reunion

Boulevard in Dallas, Texas. Interested members of the public may

contact the Board at (202) 272-5434 extension 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). These are not toll-free numbers. 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-37 (Recreation Facilities Notice of Proposed

Rulemaking). Persons using a TTY should call (202) 272-5449. Please

record a name, address, telephone number and request publication S-37.

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/recnprm.htm).

Background

The Americans with Disabilities Act (ADA) (42 U.S.C. 12101 et seq.)

is a comprehensive civil rights law that prohibits discrimination on

the basis of disability and requires, among other things, that newly

constructed and altered State and local government buildings and

facilities, places of public accommodation, and commercial facilities

be readily accessible to and usable by individuals with disabilities.

The Architectural and Transportation Barriers Compliance Board (Access

Board) \1\ is responsible for developing accessibility guidelines for

newly constructed and altered buildings and facilities subject to the

ADA. The Access Board initially issued the Americans with Disabilities

Act Accessibility Guidelines (ADAAG) (36 CFR part 1191) in 1991.\2\ The

ADA requires the Department of Justice and the Department of

Transportation to publish regulations that include design standards for

newly constructed and altered buildings and facilities that are

consistent with ADAAG.\3\

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\1\ 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\ Existing buildings and facilities, while subject to certain

ADA requirements, are not addressed by ADAAG except where altered.

Section 4.1.6 of the 1991 ADAAG contains the provisions relating to

alterations. Generally, each altered element and space is required

to comply with new construction technical specifications unless

technically infeasible. If alterations are made to an area

containing a primary function area, an accessible path of travel is

required to the altered area to the extent that the cost is not

disproportionate to the cost of the overall alteration as determined

under regulations issued by the Department of Justice. For the

Department of Justice's regulations on alterations to a primary

function area, see 28 CFR 36.403.

\3\ The ADA Standards for Accessible Design published by the

Department of Justice (28 CFR part 36, Appendix A) are based on the

1991 ADAAG. Newly constructed and altered recreation facilities

covered by the ADA must comply with the ADA Standards for Accessible

Design to the extent that the standards apply to the facility (e.g.,

parking areas, accessible routes, entrances, toilet rooms,

restaurants, mercantile establishments).

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ADAAG contains scoping provisions and technical specifications for

designing parking areas, entrances, toilet rooms and other elements and

spaces that typically comprise a building and its site so that

individuals with disabilities will have ready access to and use of the

facility. ADAAG also contains special application sections for certain

types of facilities, including restaurants, medical care facilities,

business and mercantile establishments, libraries, transient lodging,

and transportation facilities. ADAAG was amended in 1998 to add special

application sections for certain State and local government facilities,

including judicial, legislative and regulatory facilities, and

detention and correction facilities.

Various types of recreation facilities are covered by the ADA. The

Access Board is now proposing to amend several existing sections of

ADAAG and to add a new special application section to address the

unique features of recreation facilities that are not adequately

addressed by the current guidelines. The ADA covers a wide variety of

recreation facilities such as boating and fishing facilities, golf

courses, parks, places of amusement, play areas, sports facilities, and

trails. In

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July 1993, the Access Board convened a Recreation Access Advisory

Committee as the first step in developing these guidelines. The

committee was comprised of owners and operators of recreation

facilities; persons who design recreation facilities or manufacture

related equipment; local, State and Federal officials responsible for

parks and other outdoor developed areas; and individuals with

disabilities and organizations representing their interests. The

committee was requested to accomplish the following objectives:

Develop a list of the various types of recreation

facilities;

Identify the features of each facility type that are not

adequately addressed by ADAAG;

Consider any unique design issues or constraints affecting

access to each facility type;

Review any existing voluntary guidelines for providing

access to the various facility types; and

Make recommendations for accessibility guidelines for each

facility type.

The committee organized itself into six subcommittees based on

facility types to accomplish these objectives: places of amusement;

boating and fishing facilities; golf; play areas; sports facilities;

and outdoor developed areas. The committee met five times between July

1993 and May 1994. Committee members spent most of their time working

in subcommittees which reported to the full committee. The

subcommittees also worked between committee meetings. Committee

meetings were well attended by persons interested in the committee's

work and public comment was received at each meeting. The subcommittees

also encouraged interested persons to participate in their work,

including providing information and reviewing draft reports. More than

250 people actively participated in the committee and subcommittee's

work and collectively gave between 50,000 and 60,000 hours of their

time. In July 1994, the committee formally presented its report and

recommendations to the Access Board. The committee's recommendations

represented the consensus of the members of each subcommittee, and not

necessarily the full committee. Because of this, this notice refers to

recommendations made by the subcommittee which examined particular

facilities.

After receiving the committee's report, the Access Board published

an Advance Notice of Proposed Rulemaking (ANPRM) requesting public

comment on the recommendations. 59 FR 48542 (September 21, 1994). More

than 600 comments were received on the recommendations contained in the

report. Overall, the comments were supportive of the committee's

recommendations. However, public comment revealed a lack of a consensus

on some major issues regarding the committee's recommendations for play

areas and outdoor developed areas (i.e., trails, camping and picnic

facilities, and beaches). There was also a need to gain additional

input from some groups that had not been involved in the committee's

work. For these reasons, the Board elected to use a regulatory

negotiation process to develop proposed rules for play areas and

outdoor developed areas. In February 1996, the Board established a

regulatory negotiation committee on play areas. That committee met

seven times, and the Board published a notice of proposed rulemaking on

April 30, 1998 (63 FR 24080). In June 1997, the Board established a

regulatory negotiation committee on outdoor developed areas. That

committee will present a report to the Board in September 1999.

Using the Recreation Access Advisory Committee's recommendations,

the Board has developed proposed accessibility guidelines addressing

amusement rides, boating facilities, fishing piers and platforms, golf

courses, miniature golf, sports facilities, swimming pools, wading

pools, and spas. There were some areas where the Board needed

additional information. For example, the Board sponsored a research

project on swimming pool access to gather information. In other areas,

the Board believed that existing ADAAG adequately addressed an element

and as a result has not repeated or included the provisions in this

proposed rule. Finally, there are areas that the Board has not

addressed in this proposed rule. For example, accessibility guidelines

for ski areas have not been proposed. The Board will continue to

monitor and gather information in this and other areas for potential

future rulemaking.

The Board also is responsible for establishing accessibility

guidelines for federally financed facilities covered by the

Architectural Barriers Act (42 U.S.C. 4151 et seq.), including

facilities constructed or altered by Federal agencies. Since Federal

agencies own or operate many of the same type of recreational

facilities addressed by this proposed rule, the Board plans to take

action at a future date to make the provisions applicable to federally

financed facilities pursuant to the Architectural Barriers Act. Federal

agencies and other interested persons are encouraged to comment on this

proposed rule and how the provisions will affect recreational

facilities owned or operated by the Federal government.

Section-by-Section Analysis

This section of the preamble contains a concise summary of the

proposed rule. The proposed rule amends several existing sections of

ADAAG and adds a new special application section. For purposes of the

section by section analysis, the proposed amendments to the existing

sections of ADAAG and the new special application section are

summarized by type of facility.

Amusement Rides

3.5 Definitions

This section defines terms used in the proposed rule. Terms and

definitions established within the industry have been used to the

greatest extent possible.

The term ``amusement device'' means a device that moves persons

through a fixed course within a defined area for amusement or

entertainment purposes. Additionally, the definition specifies that the

rider does not control or operate an amusement device.

The term ``amusement ride'' is defined as a system containing one

or more amusement devices that provide the same general amusement

experience.

Question 1: The proposed rule does not address amusement

attractions without seats such as walk-through fun houses, mazes, or

barrels. Additionally, the proposed rule does not address amusement

rides where the patron has control over the ride, such as go-carts and

bumper boats. The Board is considering developing guidelines for these

types of amusement rides and attractions. Specific information

regarding the unique characteristics of these rides and how persons

with disabilities have accessed these rides is requested.

4.1.3(19)(a) Exception

ADAAG 4.1.3(19)(a) requires a specific number of wheelchair spaces

in an assembly area, based on the number of seats. An exception is

proposed to allow the installation of transfer seats instead of

wheelchair spaces, where the motion of fixed seats is an integral part

of an amusement experience. This exception applies only to fixed seats

in amusement facilities. Some seats in amusement attractions, such as

flight simulators, may provide motion as an integral part of the

amusement experience. Where seats move independent of the user,

transfer seats may enhance the user's amusement experience.

[[Page 37328]]

15.1 Amusement Rides

The proposed guidelines apply to permanent amusement rides and

devices with fixed seats that are set up for a long duration and are

not regularly assembled and disassembled (e.g., rides in amusement

parks and theme parks). They do not apply to amusement rides and

devices set up for a short period and assembled and disassembled

regularly (e.g., rides that are part of traveling carnivals, State and

county fairs, festivals, and other special events). However, itinerant

amusement rides and devices are covered by the ADA when they are

provided by a public entity or a public accommodation. The obligations

of covered entities operating itinerant amusement rides and devices are

established by the Department of Justice ADA regulations.

15.1.1 Number Required

This section applies to amusement rides with amusement devices

containing fixed seats. One wheelchair space complying with 15.1.3 is

required per 100 fixed seats, or fraction thereof, on each amusement

ride. In addition, one transfer seat complying with 15.1.4 must be

provided per 100 fixed seats, or fraction thereof, on each amusement

ride. Unlike other assembly seats, amusement ride devices cycle

frequently (between ninety seconds and fifteen minutes). Each device

accommodates a high volume of people due to its short cycles. Requiring

wheelchair spaces and transfer seats will provide more choice and

options for integrated seating.

The places of amusement subcommittee recommended that at least one

wheelchair space and at least one transfer seat be provided on an

amusement ride. They recommended that where a ride is comprised of

three cars, for example, one wheelchair space and one transfer seat

should be provided on one of the three cars. The Board has based the

requirement for wheelchair spaces and transfer seats on the number of

fixed seats provided on each ride. Given the diversity of amusement

rides, this approach is intended to simplify the requirement.

15.1.1 Exception

This exception permits the use of an additional transfer seat

instead of the required wheelchair space, where it is not operationally

or structurally feasible to provide wheelchair spaces. For purposes of

this section, feasibility is not to be determined by the cost of

providing a wheelchair space. Amusement rides must be readily

accessible to and usable by individuals with disabilities, including

individuals who use wheelchairs. A determination that it is

operationally or structurally infeasible should be based on an

engineering analysis that demonstrates that placing a wheelchair on a

ride would have a significant adverse effect on the structural

integrity of either the mobility device or the amusement device. For

example, some wheelchairs may not be designed to withstand the forces

that are a part of a ride. The places of amusement subcommittee

suggested that accommodating a person in a wheelchair on an amusement

device may not be feasible on a looping roller coaster, for example,

because the use of a wheelchair may raise a person's center of gravity

and impact the dynamic forces of a ride. A wheelchair may also create

instability on a raft ride. Designers should think about how to provide

a wheelchair space on a ride from the conceptual phase onward. If a

designer determines at some point that it is not operationally or

structurally feasible to do so, the guidelines do not require any

specific documentation. However, the designer should be prepared to

explain the basis for the determination if any questions arise about

the use of the exception.

15.1.1.1 Dispersion

This section requires that accessible amusement devices be

dispersed throughout an amusement ride. Where different types of

amusement devices are provided, accessible devices are required to be

dispersed among the different types.

15.1.2 Accessible Loading and Unloading Areas

This provision requires an accessible route to connect the portion

of the loading and unloading area serving each accessible amusement

device. The loading and unloading area serving each accessible

amusement device must provide a level maneuvering space complying with

ADAAG 4.2.3. This section permits loading and unloading in the same

area. This reduces the need to move a wheelchair or other mobility

device from the load area to the unload area.

15.1.2.1 Wheelchair Storage Space

This provision requires a wheelchair storage space complying with

ADAAG 4.2.4 to be provided in the unloading area for each required

transfer seat. For example, if a ride provides 200 fixed seats, two

transfer seats would be required. Thus, two wheelchair storage spaces

would also be required. Wheelchair storage spaces are necessary so that

individuals who transfer from their wheelchair to a ride device will

have a place to leave their wheelchair. The wheelchair storage spaces

cannot overlap any required means of egress or required accessible

routes.

15.1.2.2 Signage

This provision requires amusement rides to provide signs at the

entrance of queues and waiting lines to identify whether the accessible

amusement devices provide wheelchair spaces, transfer seats, or both.

Where an accessible unload area is coincident with the accessible load

area, the ride must provide signs at the entrance to the queue or

waiting line showing the location of the accessible load and unload

area. Signage will provide important information to people with

disabilities regarding the type of access provided (i.e., roll-on or

transfer) and the location of the accessible loading area. Since not

every person can transfer from a wheelchair or mobility device, signs

will reduce unnecessary backtracking.

15.1.2.3 Loading and Unloading

This provision requires the height of loading and unloading areas

to be coordinated with the floor height of an amusement device. When an

amusement device is at rest, the vertical difference between the floor

height of the loading and unloading area and the floor height of the

amusement ride device must be within plus or minus

\5/8\ inches under normal passenger load conditions. The horizontal gap

between the amusement ride device and the edge of the loading and

unloading area must be no greater than 3 inches. These changes in level

are consistent with the rail-to-platform height required in ADAAG

10.3.1(9) (Fixed Transportation Stations).

15.1.2.3 Exception

This exception permits the use of ramps, bridge plates, or similar

manually deployed devices complying with the applicable requirements of

36 CFR 1192.83, where it is not operationally or structurally feasible

to meet the horizontal or vertical difference requirements between

amusement ride devices and loading and unloading areas. The technical

requirements for ramps and bridge plates are based on the provisions

for light rail vehicles. For purposes of this section, feasibility is

not to be determined by the cost of providing access where there are

horizontal or vertical differences. An engineering analysis, however,

may demonstrate that eliminating the horizontal or vertical difference

between the ride

[[Page 37329]]

device and the loading and unloading areas would have a significant

adverse effect. Gaps between the amusement ride device and the load and

unload areas are necessary to protect patrons from potential pinching.

Amusement ride devices with more complicated suspensions may also be

unable to meet the access requirements and allow for the safe movement

of the amusement ride device. If a designer determines that it is not

operationally or structurally feasible to meet the horizontal or

vertical difference requirements between the amusement ride device and

the loading and unloading area, the guidelines do not require any

specific documentation. However, the designer should be prepared to

explain the basis for the determination if any questions arise about

the use of the exception.

15.1.3 Wheelchair Space

This section contains technical provisions for wheelchair spaces on

accessible amusement devices.

15.1.3.1 Floor or Ground Surface

This section requires floor or ground surfaces to be level.

Additionally, wheelchair spaces must comply with ADAAG 4.5.1, 4.5.3 and

4.5.4. These sections address surface characteristics, carpet, and

gratings. This section is consistent with other ADAAG provisions for

wheelchair spaces in assembly areas.

15.1.3.2 Width

This section requires a wheelchair space to be 36 inches minimum in

width. A 36 inch width is required, as opposed to 30 inches, because of

the confined spaces often found on amusement devices. This is

consistent with the maneuvering clearances required by ADAAG 4.2.4 for

alcoves.

15.1.3.3 Depth

This section requires that where a wheelchair space can be entered

from the front or rear, the wheelchair space must be 48 inches minimum

in depth. Where a wheelchair space can be entered only from the side,

the wheelchair space must be 60 inches minimum in depth.

15.1.3.4 Approach

This section requires that at least one side of the wheelchair

space adjoin an accessible route.

15.1.3.5 Fixed Companion Seats

This section requires that where amusement devices provide seating

for more than one rider, a fixed companion seat must be provided for

each required wheelchair space. Where amusement devices provide

shoulder to shoulder seating, companion seats must be shoulder to

shoulder with the adjacent wheelchair space. For example, where an

amusement device provides single seating in the front and rear of a

device, the companion seating is not required to be positioned shoulder

to shoulder with the wheelchair space. Where a ride provides seating

for more than one rider sitting shoulder to shoulder, the wheelchair

space and required companion seating must also be aligned shoulder to

shoulder.

15.1.4 Transfer Seat

This section contains technical provisions for transfer seats on

accessible amusement devices. Some of the provisions may be consistent

with current design practices. The places of amusement subcommittee

recommended technical provisions for a diagonal approach, side

approach, and other special transfer provisions. The Board has proposed

provisions for side transfers only, because in many cases one transfer

seat will be provided and a side transfer will be accessible to the

greatest range of individuals with disabilities.

15.1.4.1 Clear Floor Space

This section requires a clear space complying with ADAAG 4.2.4.1 to

be provided with the longer dimension parallel to the unobstructed side

of the transfer seat and to be located within 3 inches maximum of the

transfer seat. A clear space allows space for a stationary wheelchair

adjacent to the transfer seat. The clear floor space must extend 12

inches beyond the back of the seat so that the rear wheels of a

wheelchair do not obstruct a person's transfer.

15.1.4.2 Maneuvering Space

This section permits the maneuvering space required by 15.1.2 to

overlap the clear floor space serving transfer seats. This is

consistent with existing ADAAG requirements.

15.1.4.3 Transfer Seat Dimensions and Position

This section requires the height of transfer seats to be 17 inches

minimum to 19 inches maximum above the load and unload platform. The

end of the transfer seat adjacent to the clear floor space complying

with 15.1.4.1 must be unobstructed when in the load or unload position

to permit transfer. The places of amusement subcommittee recommended a

height of 15 to 19 inches to address the needs of children. The

proposed guidelines are largely based on adult dimensions. As a result,

the 17 to 19 inch range, which is consistent with other elements

designed for transfer (ADAAG 4.16 and ADAAG 4.21), has been proposed.

ADAAG 2.2 permits equivalent facilitation. This means that departures

from these proposed provisions will be permitted, provided that

alternative designs and technologies used provide substantially

equivalent or greater access to and usability of the amusement ride.

If, for example, an amusement ride is to be used primarily by children,

a lower transfer seat height may be appropriate.

15.1.4.4 Transfer Entry

This section requires that, when in the load and unload position,

an amusement device provide a 36 inch wide minimum entry. The entry

must provide an opening and be positioned parallel to the longer

dimension of the clear floor space.

Question 2: The places of amusement subcommittee indicated that on

certain amusement devices, transfer access may not be possible.

Examples included amusement devices in flumes and pools where the pool

sides must be higher than the amusement devices. Also, in some water

rides, water levels must be kept lower than the loading areas. Are

there other amusement devices with seats where it is not operationally

or structurally feasible to design the amusement device to provide

transfer seats? The Board is interested in specific information on why

such amusement devices cannot be designed to provide transfer seats.

The Board requests comments on how ADAAG should address amusement

devices where transfer access cannot be provided. The Board also

requests comments on the impact of providing a wheelchair space and a

transfer seat on permanent amusement rides with a small number of fixed

seats.

Question 3: The Board has examined issues related to providing an

accessible route connecting accessible elements on sites used for

fairs, carnivals, and other itinerant places of amusement. In many

circumstances, a site such as a field or parking lot may be used for a

short period of time. Where the site is altered to provide a route to

serve the temporary elements, ADAAG accessible route provisions apply.

This requires, among other things, for the surface to be stable, firm,

and slip-resistant and to have a conforming slope. The places of

amusement subcommittee recommended that fairs, carnivals, and other

itinerant places of amusement provide a modified accessible route to

connect temporary elements. The Board requests comments on how to

address the issue of accessible routes in itinerant

[[Page 37330]]

places of amusement. When a site is altered to provide a route to serve

temporary elements, should the route be required to meet the technical

provisions of ADAAG 4.3? If not, how should such routes be treated?

What factors should be considered in determining when it is appropriate

to depart from the technical provisions for an accessible route?

Question 4: The proposed rule does not contain any requirement for

access to water slides. The Board requests comment on this issue.

Boating Facilities

3.5 Definitions

This section defines terms used in the proposed rule.

The term ``boat launch ramp'' is defined as a sloped surface

designed for the launching and retrieval of trailered boats to and from

the water.

The term ``boat slip'' is defined as the area where a boat is tied

to a dock or pier for the purpose of embarking or disembarking.

The term ``design high point'' means a selected elevation, based on

hydrologic data and other appropriate records, that is used as a safe

and practical upper limit for the design and construction of a gangway

to a floating facility. The term is necessary for establishing a

vertical measurement to the water level. Designers have some discretion

in determining the high point based on this information. The Board has

combined the design high point with other factors to determine gangway

slopes.

The term ``gangway'' is defined as a variable-sloped structure

linking a fixed structure or land with a floating structure.

10.5 Boat and Ferry Docks

This section requires that boat and ferry docks comply with 15.2.

The Board added a special application section for transportation

facilities (section 10) to ADAAG in 1991. However, provisions to

address access to floating boat and ferry docks were not yet developed

and section 10.5 was reserved. This section applies the provisions

contained in 15.2 to boat and ferry docks covered by 10.5.

15.2 Boating Facilities

This section applies to each boating facility provided within a

site and requires compliance with the applicable provisions of 15.2. A

boating facility can contain one or more piers and the same facility

can also include one or more boat launch ramps. In some cases, such as

a State park with a large lake, a site may contain more than one

boating facility. In other cases, several boating facilities may be

located in the same waterfront area, each operated by different

operators. The provisions of 15.2 apply to each boating facility.

15.2.1 Gangways

This section requires that gangways which are part of an accessible

route comply with ADAAG 4.3. Gangways are permitted to have transition

plates at the top and bottom.

At boating facilities, gangways function as bridges that link land

or fixed structures with floating piers. As water levels rise and fall,

the gangway slopes also rise and fall. Sometimes the changes may be

very gradual over a period of weeks or months, and in other cases

dramatic changes occur over a few hours. Often, the land sides of

gangways are hinged to fixed structures with the pier sides left free

to move across the pier surfaces as the slope of the gangway changes.

Rollers are sometimes attached to the pier end to allow the gangway to

adjust freely as the slope changes. These rollers can produce changes

in level between the walking surface at the end of the gangway and the

walking surface of the floating pier. Other friction reducing aids and

the framing that forms the structural supports of the gangway can

produce changes in level. Sometimes, neither end of the gangway is

hinged and a change in level occurs at both ends.

Where the slope of an accessible route exceeds 1:20, ADAAG 4.3.7

requires the sloping surface to comply with ADAAG 4.8 (Ramps). ADAAG

4.8 requires level landings at the top and bottom of each ramp segment.

Because of the changing water levels and the varying slopes of

gangways, the boating and fishing subcommittee recognized the

difficulty in providing level landings. Proposed 15.2.1 permits the use

of transition plates at the top and bottom of a gangway. Transition

plates are often constructed of metal and are used to connect the ends

of a gangway to a boarding dock. The boating and fishing facilities

subcommittee recommended that transition plates be allowed at the ends

of gangways and that these transition plates have slopes less than or

equal to 1:12 (8.33 percent).

15.2.1 Exceptions 1 and 2

Exception 1 proposes that the maximum rise requirements of ADAAG

4.8.2 not apply to gangways. In addition, exception 2 proposes that

gangways be permitted to exceed the 1:12 maximum slope specified by

ADAAG 4.8.2, when the vertical distance between the design high point

and the level of the water exceeds the vertical distance specified in

the left hand column of Table 15.2.1 and the square footage of fixed

and floating piers at the facility is less than the square footage

specified in the right hand column of Table 15.2.1.

One of the most difficult issues relating to accessibility in

boating facilities is the issue of gangway slopes. Bodies of water

fluctuate due to rainfall, snow melting, droughts, reservoir draw

downs, surge effects, tidal forces, flood control, and other factors.

Fluctuations can range from less than 12 inches to changes of more than

40 feet, and sometimes, several hundred feet with reservoir

impoundments. Changes can occur rapidly over a few hours or gradually

over an operating season. Overall, boating and fishing facilities

subcommittee members agreed that under some circumstances, the slope of

a gangway could exceed the maximum 1:12 slope allowed for ramps by

ADAAG 4.8.2. The boating and fishing facilities subcommittee

recommended three options for gangway slopes.

Option 1 recommended that where water level changes do not exceed 5

feet during the operating season, gangways should comply with ADAAG

4.3. The boating and fishing facilities subcommittee noted that

additional information was needed to recommend design standards where

water level changes exceed 5 feet.

Option 2, primarily based on recommendations made by the States

Organization for Boating Access, recommended that gangways be allowed

to be 60 feet long before a level landing is required. It also

recommended that gangways located in areas with annual water

fluctuations of zero to 5 feet should have slopes that do not exceed

1:12, the maximum permitted by ADAAG 4.8.2. In areas with annual water

fluctuations of 5 feet or more during 92 percent of the operating

season, the slope of the gangway should not exceed 1:12.

Option 3 recommended that an accessible route be provided to at

least one of each type of boating activity in recreational boating

facilities. A gangway connecting an accessible dock or pier should

comply with ADAAG 4.3 during all operating hours of a facility. Boating

and fishing facilities subcommittee members also noted that additional

information was needed to determine when exceptions to ADAAG 4.3 should

apply.

A substantial majority of commenters to the ANPRM supported option

2. Most supporters of option 2 agreed with allowing the gangway to be

60 feet long. However, a substantial number of

[[Page 37331]]

commenters did not support the 92 percent requirement and recommended

that the percentage should be closer to 50 percent.

The Board determined that further information and cost data was

necessary to develop a slope requirement for gangways. In 1996, the

Board completed a study to develop design solutions and general cost

estimates for providing access to floating boating facilities. The

study found that there was a relationship between the cost of

compliance with ADAAG 4.3 and water level change. Costs of providing

gangway ramping systems conforming to ADAAG 4.3 ranged from $10,000 for

a 30 inch water level change to $450,000 for a 30 foot water level

change. Cost estimates included fabrication, delivery, and placement of

a gangway in the water, but excluded configuration and mooring system

costs. The study also indicated that price bids in a competitive marine

environment can easily vary up to 50 percent above or below engineers'

estimates.

As the range of water level changes increases, so does the

complexity of the structures designed to provide access. In one example

provided in the Board's study, a design was provided to access a 12.5

foot change in water level while still complying with existing ADAAG

requirements. The design included three ramps on land, four on a

floating structure, and two 64 foot gangways. Because ADAAG 4.8.2

limits the rise of a ramp run to 30 inches, the design increased the

gangway length so that the slopes never exceeded 1:20. The estimated

cost for this gangway ramping system was more than $200,000.

The study also evaluated the use of elevators and platform lifts

and reported that in the 30 inch to 30 foot range, gangway ramp systems

could be half as expensive as lift or elevator-based systems. It was

also noted that there are maintenance difficulties in operating

mechanical devices such as platform lifts and elevators in saltwater

environments.

The Board recognizes that the interface between land and water

environments is often very dynamic and constraints exist which cannot

be easily resolved. Waterside restrictions include limits on how far

piers may project from shore lines into navigable channels. For small

facilities, such as a bait shop with a floating pier capable of mooring

a few row boats, the cost of providing a gangway conforming to ADAAG

4.3 could become economically infeasible as the change in water level

increases. However, for large facilities, such as a 1000-slip marina,

conformance to ADAAG 4.3 would be feasible even as the change in water

level increases.

In an attempt to balance the economic impact of this proposed rule

with the access concerns of persons with disabilities, the Board

identified two issues with the greatest impact on floating facilities:

gangway lengths and gangway slopes. As the range of water level changes

increase, gangways generally increase in length. Where gangway lengths

are restricted, supporting land and pier ramps must be provided, which

increase the size and complexity of such gangway ramping systems. The

study showed that by allowing a gangway length to increase beyond 30

feet, and even beyond 60 feet, the complexity and size of the gangway

ramping system was often reduced. Therefore, this section proposes that

the rise restrictions under ADAAG 4.8.2 not apply to gangways.

With respect to gangway slopes, the Board sought to balance access

and the economic impact on small and large facilities. Exception 2

references table 15.2.1 which establishes conditions where gangways are

permitted to exceed a 1:12 slope. The table is based on the vertical

distance the water level descends below an established design high

point and the square footage of all the fixed and floating piers at a

boating facility. Since this exception only applies to gangways,

accessible routes to fixed piers must conform to all requirements of

ADAAG 4.3, including slope. Fixed piers are not subject to water level

changes and gangways are not needed. Also, because this exception is

applicable only to gangways, fixed ramping systems required on land or

on floating piers must conform to all requirements of ADAAG 4.3,

including slope.

The table permits, during the time the water level is beyond a

certain distance from a design high point, a gangway to exceed the

slope maximums of ADAAG 4.3. Although the exception allows slopes

greater than allowed by ADAAG 4.3, the exception has not modified any

other requirement of ADAAG 4.3, such as handrails. The exception

applies to tidal and non-tidal settings and to all gangways within a

boating facility that are part of an accessible route.

Based on this exception, some boating facilities will not have

access conforming to ADAAG 4.3 all the time. Some facilities may have

access conforming to ADAAG 4.3 only during times when the water level

is at higher levels and as water levels decline, the gangway slopes

will become steeper. Because gangway slopes rise and fall, it is

possible that for some facilities, gangways will also have zero slopes

for certain water levels. Where table 15.2.1 establishes no maximum

slope, a sloped surface is still required. Stairs are not permitted as

a part of an accessible route.

Question 5: Some floating piers, although small, are designed

primarily for use by larger passenger vessels, such as tour boats. The

Board is considering adding a provision that would also control the

slope of a gangway in some facilities based on the size of the vessels

they are designed to accommodate. The Board is interested in the extent

to which floating piers are provided for use by passenger vessels

carrying more than 150 passengers or more than 49 overnight guests.

Specific size and cost information for the construction of this type of

facility is also requested.

15.2.1 Exception 3

This section exempts handrail extension requirements on gangways or

landings where they connect to transition plates and permits transition

plates to be free of handrail extensions.

ADAAG 4.8.5 requires that if a ramp has a rise greater than 6

inches or a horizontal projection greater than 72 inches, handrails are

required on both sides. ADAAG 4.8.5(2) further provides that if

handrails are not continuous, they shall extend at least 12 inches

beyond the top and bottom of the ramp segment and be parallel with the

floor or ground surface.

Because gangway slopes change, ensuring that handrail extensions

remain parallel with adjacent walking surface would be difficult. In

addition, if transition plates are required to have handrail

extensions, these extensions would also have problems remaining

parallel with adjacent walking surfaces and would overlap with the

gangway extensions. For these reasons, handrail extensions are not

required on gangways or landings where they connect to transition

plates and are not required on transition plates.

15.2.2 Slips: Minimum Number

This section requires that where boat slips are provided, at least

3 percent, but not less than one, shall comply with 15.2.3. Accessible

boat slips must be dispersed throughout the various types provided.

This dispersion provision does not require an increase in the minimum

number of boat slips required to be accessible.

The boating and fishing facilities subcommittee recommended that

when boat slips are provided, the number of accessible boat slips be

determined using the scoping provisions of ADAAG 4.1.2(5)(a) for

vehicle parking spaces. Using ADAAG 4.1.2(5)(a), a 100-slip

[[Page 37332]]

boating facility would need 4 accessible boat slips. Most commenters

responding to this recommendation in the ANPRM supported using the

vehicle parking scoping. A few commenters questioned whether the need

for accessible boat slips was the same as accessible vehicle parking

spaces.

Designing accessible boat slips will have limited impact on newly

constructed boating facilities. Wider piers and pier clearances are

often incorporated into newer facilities. The 3 percent requirement was

selected to parallel the accessible vehicle parking requirements. A

percent was used, as opposed to a table, to simplify application.

Therefore, a 50-slip boating facility would need two accessible boat

slips and a 100-slip facility would need three accessible boat slips.

However, where the number of boat slips cannot be identified, each 40

feet of mooring space provided along the perimeter of a pier shall be

counted as one boat slip.

To ensure that persons with disabilities have access to different

types of boat slips, 15.2.2 also requires that the accessible boat

slips be dispersed throughout the various types provided. Types include

the size of the boat slip, single berths, double berths, depth of the

water, transient, longer-term lease, covered slips, and slips equipped

with features such as telephone, water, electricity and cable

connections. To satisfy this dispersal requirement, the provision does

not require an increase in the minimum number of boat slips required to

be accessible.

15.2.2.1 Slips Serving Boat Launch Ramps

This section requires that, in addition to the requirements of

15.2.2, where boat launch ramps are provided with boarding piers, at

least one accessible boat slip complying with 15.2.3 be provided

adjacent to a boat launch ramp.

This provision has been proposed to ensure that where boarding

piers are provided at boating facilities with launch ramps, at least

one launch ramp will have an accessible boat slip. This accessible boat

slip is in addition to the accessible boat slips required by 15.2.2.

Where an accessible boat slip is required on a boarding dock, an

accessible route complying with ADAAG 4.3 must serve the slip. Where

the boarding dock is a floating dock, a gangway complying with 15.2.1

is permitted. Section 15.2.1, exception 2, includes the square footage

of the dock in the total square footage of fixed and floating piers at

the boating facility.

Boat launch ramps typically have slopes steeper than 1:12 (8.33

percent). Steeper slopes allow boats to float free of their trailers

while the depth of the water does not submerge the tow vehicle's

exhaust system. In saltwater areas, steeper slopes also reduce

saltwater exposure to the underside of tow vehicles. In general, the

Board is not proposing any provisions that will change the slope of a

boat launch ramp. However, where an accessible route connecting an

accessible boarding dock is coincident with the boat launch ramp, that

portion of the launch ramp must meet the requirements of ADAAG 4.3,

including slope.

15.2.2.2 Location

This section requires that among each type provided, accessible

boat slips be those nearest to amenities provided in a boating

facility. Since travel distance is often an important consideration for

persons with disabilities, the Board proposes this section to address

the location of accessible boat slips. First, under 15.2.2, the various

types of boat slips are determined and the required accessible boat

slips are assigned to the selected types. Then, under this section,

within the group of boat slips of the same type, the accessible slips

must be the ones nearest to the amenities provided in a boating

facility. The following example illustrates this provision.

A boating facility has two piers, each containing 60 boat slips.

With a total of 120 boat slips, four accessible boat slips would be

required. One pier has transient slips and the other has long-term

lease slips. Both piers are served by the same parking lot and a public

restroom. At the end of the transient slip pier, a ship's store and

fueling station are provided. To comply with 15.2.2.2, the two

accessible slips on the long-term lease pier must be located closest to

the amenities provided, the parking lot and restroom. On the transient

pier, one slip next to the parking lot must be accessible and one slip

nearest to the ship's store and fueling station must be accessible.

15.2.3 Accessible Boat Slips

This section contains provisions for accessible boat slips.

15.2.3.1 Pier Clearances

This section requires that accessible boat slips be served by clear

pier space 60 inches wide minimum and at least as long as the

accessible boat slip. At least one 60 inch minimum continuous clear

opening must be provided within every 120 inch maximum of linear pier

edge serving an accessible boat slip.

Using the vehicle parking spaces in ADAAG 4.6 as a guide, the Board

is proposing that an accessible boat slip be provided a 60 inch wide

minimum pier space, similar to an access aisle, and at least as long as

the boat slip. Boat slips may contain features such as pillions,

bollards and cleats, and utility connections such as electrical, water,

and sewage that can block or interfere with transfer to and from a

boat. This section also requires that every 120 inches maximum of

linear pier edge contain at least one opening 60 inches minimum along

the edge of a pier at accessible boat slips to allow for access to and

from a boat. Flexibility has been provided to designers and operators

to decide the placement of these openings, understanding that the

purpose is to allow space for transfer to and from a boat. For example,

a 40 foot long accessible boat slip would have at least four clear

openings provided along the pier edge. The different openings will

accommodate different size vessels and mooring orientations (e.g.,

stern first, bow first).

Fishing Piers and Platforms

15.3 Fishing Piers and Platforms

This section requires that each fishing pier and platform comply

with 15.3.

15.3.1 Accessible Route

This section applies the requirements for gangways in 15.2.1 when

an accessible route connects a floating fishing pier or a floating

fishing platform. The Board recognizes that floating fishing piers and

floating fishing platforms are subject to many of the same constraints

as floating boating piers. As a result, the gangway provisions of

15.2.1 would apply. The total square footage of floating and fixed pier

space at a fishing facility must be used to determine the requirements

for a gangway accessing a fishing pier or platform. If a boating

facility has a floating boarding dock at a boat launch ramp and another

floating structure which serves as a fishing platform, both the square

footage of the boarding dock and the fishing platform would be used

under 15.2.1, Exception 2, to determine the slope criteria for the

gangway accessing the fishing platform. Likewise, the same square

footage would be used to determine the slope criteria for the gangway

accessing the boarding dock.

15.3.2 Railings

This section requires that where railings, guardrails, or handrails

are provided, they must comply with 15.3.2.

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15.3.2.1 Edge Protection

Where railings, guardrails, or handrails are provided, this section

requires edge protection to be provided and extend 2 inches minimum

above the ground or deck surface. The requirement for edge protection

is triggered only where railings, guardrails, or handrails are provided

on a fishing pier or platform. Edge protection will prevent wheelchairs

and other mobility aids from slipping off the fishing pier or platform.

15.3.2.2 Height

Where railings, guardrails, and handrails have been installed on

fishing piers and platforms, the height of the railings interfere with

fishing and block vision for persons who use wheelchairs and other

mobility devices. This section requires at least 25 percent of the

railings to be a maximum of 32 inches high above the surface of the

fishing pier or platform to address this problem. The section is based

on the recommendations from the boating and fishing subcommittee.

Anglers who stand can fish from any part of the pier or platform and

change location depending on the fishing conditions. The boating and

fishing subcommittee wanted to ensure that persons with disabilities

have a similar range of choices to fish from a variety of locations.

This section does not address the material or spacing between the

horizontal or vertical supports and between the top of the railing and

the surface of the fishing pier or platform. Building codes and

standards, and common construction practices address the design of

these spaces, which can be solid or include vertical or horizontal

barriers.

During the advisory committee meetings and in the comments on the

ANPRM, questions were raised regarding whether guardrail standards

issued by the Occupational Safety and Health Administration (OSHA)

apply to recreational fishing piers and platforms. The OSHA standards

apply ``with respect to employments performed in a workplace.'' 29 CFR

1910.5(a). The OSHA guardrail standards provide in relevant part that

``[e]very open-sided floor or platform 4 feet or more above adjacent

floor or ground level shall be guarded by a standard railing.'' 29 CFR

1910.23(c). OSHA prescribes a 42 inch height for a standard railing. 29

CFR 1910.23(e). The Board has conferred with OSHA's Directorate of

Compliance Programs, and that office has confirmed that OSHA does not

routinely enforce its guardrail standards at recreational fishing piers

and platforms.

Question 6: Many building codes and standards generally require a

guardrail not less than 42 inches in height where there is an

unenclosed floor opening more than 30 inches above the grade or floor

below. These codes and standards do not require guardrails at certain

locations such as the loading side of a loading dock or raised

platforms used for entertainment, and permit lowered railings at other

locations such as in front of the first row of fixed seats on a

balcony. The Board seeks information about whether these codes and

standards have been applied to recreational fishing piers and

platforms. Where lower guardrails have been used, the Board is

interested in knowing the height of those lower guardrails and what

steps were taken to ensure that their use was permitted under the

applicable codes and standards. In light of concerns that have been

raised about safety issues related to lower guardrails, the Board also

is interested in any experiences designers or operators have had where

guardrails have been lowered to accommodate individuals using

wheelchairs and other mobility devices.

15.3.2.3 Dispersion

This section requires that lowered railings (32 inch maximum)

required by 15.3.2.2 be dispersed throughout a fishing facility. This

provides anglers with disabilities with a choice of locations for

fishing on a fishing pier or platform.

15.3.3 Clear Pier or Platform Space

This section requires that at least one clear space complying with

ADAAG 4.2.4 be provided where the railing height required by 15.3.2.2

is located. Where no railings are provided, at least one clear space

complying with ADAAG 4.2.4 shall be provided on the fishing pier or

fishing platform. The Board has not set a minimum size for a fishing

pier or platform, but has proposed minimum clear space requirements so

that the accessible route can be adjacent to the 32 inch maximum high

rails.

15.3.4 Maneuvering Space

This section requires that at least one maneuvering space complying

with ADAAG 4.2.3 be provided on a fishing pier or platform to allow

persons who use wheelchairs to turn and exit the space safely.

Golf

The golf subcommittee developed recommended accessibility

guidelines for newly constructed 18 and 9 hole golf courses and for

miniature golf courses. In examining 18 and 9 hole golf courses, the

golf subcommittee considered all elements of the course and made

recommendations that would increase accessibility for persons with

disabilities without significantly changing the game of golf. Issues

involving the application of ADAAG accessible route provisions were

important in the golf subcommittee's discussions.

3.5 Definitions

This section defines terms used in the proposed rule. Terms and

definitions established within the industry have been used to the

greatest extent possible.

The term ``golf car passage'' is defined as a continuous passage on

which a motorized golf car, also known as golf carts, can operate.

Designers and operators sometimes use the term ``golf car path'' to

identify what the Board is defining as a ``golf car passage''. Because

the term ``golf car path'' may connote a prepared surface, the term was

not used. While a golf car passage must be usable by golf cars, it does

not necessarily need to be a prepared surface.

The Board recognizes that not all golf courses provide golf cars or

golf car passages. However, by requiring a course to be designed and

constructed to allow for golf car travel between accessible elements

and spaces on a course, individuals who bring their own golf car or use

those provided at a course, will have the opportunity to play the game

of golf. On most courses where golf cars are not provided, paths for

maintenance vehicles often exist which could support golf car passages

and generally connect many of the elements and spaces required to be

accessible.

A ``teeing ground'' is defined as the starting place for a hole to

be played. This definition is consistent with the United States Golf

Association definition, which describes a teeing ground as a

rectangular area two club-lengths in depth, with the front and sides

defined by the outside limits of two tee-markers.

15.4.1 Accessible Route

This section requires that, where the accessible route is located

within the boundary of a golf course, it must be 48 inches wide minimum

and connect to the bag drop areas, accessible teeing grounds, and

putting greens. Additionally, where handrails are required, the

accessible route is required to be 60 inches wide minimum.

The golf subcommittee considered the ADAAG requirements for an

accessible route to be impractical on a golf course

[[Page 37334]]

for several reasons. First, the route of play for a golfer is dependent

on where the ball lands and is therefore unpredictable. Secondly, there

is an assumption that on most courses, most golfers use a golf car to

move throughout the course. Finally, the golf subcommittee raised

concerns that requiring an accessible route throughout a course would

substantially alter the slopes within a course and eliminate some of

the challenge of the game.

As a result, the golf subcommittee recommended that an accessible

route only be required to connect course elements from a golf car path

or a golf car parking area. This was intended to allow a golfer with a

disability to ride in a golf car to reach a point where an accessible

route would provide access to various course elements. Public comment

received from golf course architects, operators, and the Association of

Disabled Golfers to the ANPRM generally supported this approach.

The Board agrees that making the game of golf accessible to the

majority of persons with disabilities can be achieved primarily through

the use of golf cars. These proposed guidelines incorporate the concept

of providing access through a golf car passage and allow for access to

various elements. These proposed guidelines also ensure that all of the

amenities (such as snack bars, toilet rooms, and weather shelters) on a

course are accessible and are connected by a golf car passage.

Question 7: These proposed guidelines are based on the golf

subcommittee's recommendations for 18 and 9 hole courses. Should

smaller courses (i.e., 3 or 6 holes) have the option of using a golf

car passage in lieu of a modified accessible route?

15.4.1 Exception 1

This exception permits the use of a golf car passage in lieu of all

or part of an accessible route within the boundary of a golf course.

This exception does not apply to practice putting greens and driving

ranges since they are not located within a course.

Question 8: The proposed requirements for a golf car passage seek

to provide access for players on a golf course. The Board requests

comments on how access should be provided for spectators during a golf

tournament.

15.4.1 Exception 2

This exception provides that accessible routes within the boundary

of a golf course are not required to comply with handrail requirements

in ADAAG 4.8.5. It is hazardous for handrails to be located through a

green, or on teeing grounds, because of the danger of golf balls

ricochetting off rails. Since most elements are required to be

accessible from golf car paths, handrails would be of little utility

along those routes.

15.4.2 Teeing Grounds

This section requires that where one teeing ground is provided for

a hole, it must comply with 15.4.7. If two or more teeing grounds are

provided for a hole, at least two teeing grounds must be accessible.

The golf subcommittee recommended that as many teeing grounds as

possible be made accessible on each hole, but that at least one

accessible teeing ground per hole be required. The golf subcommittee

based its recommendation on the premise that an accessible route with a

running slope not exceeding 1:20 may be required to connect the golf

car path and the teeing ground, and that it may not be possible to

provide such a route to each teeing ground due to sloped terrain. The

exception to 15.4.1, which permits the use of a golf car passage in

lieu of an accessible route with the boundary of a golf course, is very

flexible and would allow a golfer with a disability to access the

teeing ground by using a golf car, instead of providing an accessible

route to the area. The Board recognizes that some teeing grounds may be

located on steep slopes and that it may not be possible to provide a

golf car passage to each teeing ground. Comments to the ANPRM

recommended that more than one accessible teeing ground be required for

each hole. Commenters were concerned that if only one accessible teeing

ground per hole were required, it would be the forward tee. Commenters

considered that this would be discriminatory toward golfers with

disabilities. When golf courses provide several teeing grounds for each

hole, the placement of these areas is usually based on skill level

(e.g., one set of teeing grounds would be the ``pro tee'' and the other

set would be the ``amateur tee''). Golfers with disabilities want the

same range of choice to play from different teeing grounds appropriate

to their skill levels. The proposed rule would ensure a range of choice

for golfers with disabilities.

Question 9: The Board requests comments on the number of accessible

teeing grounds that should be required for each hole. If more than one

accessible teeing ground is required per hole, should one of the

accessible tees be the forward tee?

15.4.3 Driving Ranges and Practice Tees

This section requires that where driving ranges or practice tees

are provided, at least 5 percent, but not less than one, of the

practice tees must comply with 15.4.7. This provision applies to

practice facilities adjacent to a golf course, in addition to stand-

alone facilities.

15.4.4 Weather Shelters

This section requires weather shelters to be designed and

constructed to allow a golf car to enter and exit in a forward

direction and have a clear floor or ground space 60 inches minimum by

96 inches minimum. This space will allow a golf car to be driven

directly into a weather shelter.

15.4.5 Golf Car Passage

This section requires openings at least 60 inches wide at intervals

of 75 yards where curbs or other manmade barriers are provided along a

golf car passage to prohibit a golf car from entering a fairway. These

openings will provide access to fairways at reasonable intervals where

golf cars are used to play the game.

15.4.5.1 Width

This section requires a golf car passage to be 48 inches wide

minimum. This dimension is based on the standard width of gasoline or

electric powered golf cars.

Question 10: Although the Board has proposed to allow a golf car

passage within a golf course, limited technical requirements have been

proposed for golf car passages. Should the Board establish additional

technical requirements (e.g., maximum slope or changes in level)? Do

criteria exist which govern the design and construction of golf car

paths? Do requirements applicable to golf car paths exist in State or

local codes? Do slope and width criteria allow use of the golf car

passage by golf cars?

15.4.6 Putting Greens

This section requires putting greens to be designed and constructed

to allow a golf car to enter, maneuver within, and exit the putting

green. Unlike teeing grounds, each hole of a golf course is provided

with only one putting green where the hole is located. This provision

supports the use of a golf car on the putting green and requires space

to allow a golf car to approach, enter, and exit. This requirement

should not impact the design or space required for putting greens.

15.4.7 Teeing Grounds

This section requires teeing grounds to be level with a clear space

of 10 feet by 10 feet and be designed and constructed so that a golf

car can enter in a forward direction and maneuver.

[[Page 37335]]

This dimension is wide enough to accommodate a player playing off of

the side of a golf car or from a wheelchair. The teeing ground is

required to be level since slopes and cross slopes are difficult for

wheelchair users to manage even on relatively flat routes of travel.

Question 11: Proposed technical provisions for teeing grounds

require cross slopes no greater than 1:48 in all directions. The Board

understands that maintaining this slope may be difficult on turf

surfaces due to settling. Drainage problems have also been reported in

areas where 1:48 slopes are provided. The Board requests information

from operators on the maintenance of teeing areas where 1:48 slopes are

provided.

The proposed rule does not contain any requirements for access to

bunkers or other hazards. The golf subcommittee recommended that

practice bunkers be made accessible, but not bunkers and hazards on the

course. There was minimal support in the comments to the ANPRM to make

bunkers and hazards accessible.

Miniature Golf

The golf subcommittee recommended accessibility guidelines for

miniature golf facilities. While the majority of commenters responding

to the ANPRM supported the recommendations, several operators and

miniature golf trade groups were opposed to the recommendations.

Concerns were expressed that the recommended accessibility guidelines

would require additional space and cost, and would be too onerous for

operators. There were also concerns about the loss of curbing in areas

where a ball may ricochet.

To obtain additional information on providing access to miniature

golf courses, the Board participated in information meetings with

designers, operators, persons with disabilities, and representatives

from miniature golf trade associations. The purpose of these meetings

was to gather additional information about the varied range of facility

types, accessibility barriers, obstacles for designers in providing

accessibility, options for making individual holes accessible,

providing an accessible route throughout a course, and trends in

miniature golf course design. The Board has taken this additional

information into account in proposing accessibility guidelines for

miniature golf courses.

15.5 Miniature Golf Courses

This section requires each hole on a miniature golf course to be

accessible. The technical requirements for an accessible hole on a

miniature golf course are addressed in 15.5.2 and 15.5.3.

15.5 Exception

This exception permits no more than 50 percent of elevated

miniature golf holes to be inaccessible. Since elevated holes are often

designed to provide more of a challenge, this provision is proposed to

ensure that a person with a disability has adequate opportunities to

play some of the more challenging holes. The golf subcommittee

recommended that all holes be made accessible. Operators and miniature

golf trade groups felt that a requirement for every hole to be

accessible would result in flat courses, taking some of the fun and

challenge from the game. Commenters to the ANPRM also expressed concern

that the golf subcommittee recommendations would have a negative impact

on business or eliminate smaller courses by requiring accessible routes

to all portions of a course. This proposed exception provides a

compromise between the golf subcommittee's recommendation and the

concerns of the industry and operators.

Question 12: Miniature golf course operators have claimed that

additional costs may be associated with providing an accessible route

to all elevated holes of a miniature golf course. These additional

costs, however, have not been associated with courses that are

considered level. The Board is seeking specific guidance on how to

differentiate between level and elevated holes.

15.5.1 Accessible Route

This section requires that at least one accessible route connect

start of play areas on each accessible hole. The accessible route

connecting each start of play area required to be accessible may be

located on the hole or adjacent to the hole. The accessible route must

comply with ADAAG 4.3 and 4.8, where the slope of the route exceeds

1:20.

15.5.1 Exception 1

This exception permits readily removable curbs where the accessible

route intersects the playing surface of a hole. The golf subcommittee

recommended that the entry and exit points of a miniature golf hole be

free of railings, obstacles, and elevation changes. During the comment

period for the ANPRM, miniature golf course operators and the industry

expressed concerns that this recommendation would significantly alter

the play of the game. It was noted that curbs surround the majority of

holes on a miniature golf course to prevent a ball from exiting a hole.

This proposed exception balances the need for a person with a

disability to access the hole and the concern to keep the ball on the

hole.

To maximize the benefit of this feature, it will be important for

players using the miniature golf course to know the location of the

readily removable curbs. Several options are recommended for operators

and designers including signage placed directly on the curb to show

that it is removable or including information about the location of

these curbs on the scorecard provided for players at the start of the

game.

15.5.1 Exception 2

This exception permits a maximum slope of 1:4 for a maximum rise of

4 inches where the accessible route is located on the playing surface

of a hole. This exception is only applicable where the accessible route

connecting start of play areas is located on the hole. Permitting a

greater slope for a limited distance will allow more flexibility in the

design of the hole, while still providing access on the hole for the

play of the game.

15.5.1 Exception 3

This exception eliminates the requirement for handrails on a ramp

located on a miniature golf hole. Handrails are a potential hazard on a

hole, because of the danger of golf balls ricochetting off the rails.

15.5.2 Start of Play Areas

This section requires a start of play area to be a 60 inch minimum

by 60 inch minimum level area. This level start of play area is

necessary so that a person using a wheelchair or other mobility device

has sufficient space to maneuver into position to play the game.

15.5.3 Golf Club Reach Range

This section requires that all level areas within an accessible

hole be located within 27 inches maximum of an accessible route with a

slope not to exceed 1:20. This will allow space for wheelchair users to

hit the ball from on the hole or from an accessible route adjacent to

the hole. The space requirements incorporate the reach of a golf club.

This provision allows persons with disabilities to be within the reach

of their ball at all times, while not increasing the size of individual

holes.

Play Areas

15.6 Play Areas [Reserved]

This Board issued proposed accessibility guidelines for play areas

in April 1998. This section is reserved for the final guidelines for

play areas,

[[Page 37336]]

which will be incorporated into this section in the future. Figures 64

to 74 are reserved for the play areas guidelines.

Sport Facilities

The sports subcommittee provided the Board with recommended

accessibility guidelines for sports facilities. The sports subcommittee

addressed a variety of sports facilities such as fitness centers,

aerobic and martial arts studios, roller and ice skating rinks, leisure

pools, lap pools and other swimming pools, bowling centers, horse

racing facilities, and facilities for court sports (e.g., handball,

basketball, tennis, racquetball, volleyball), field sports (e.g.,

baseball, lacrosse, soccer, track, softball, football, rugby) and

gymnastics. This proposed rule is based on the sports subcommittee's

recommendations and the comments received to the ANPRM.

3.5 Definitions

This section defines terms used in the proposed rule.

The term ``area of sport activity'' distinguishes that portion of a

room or space where the play or practice of a sport occurs from

adjacent areas. Examples of areas of sport activity include basketball

courts, baseball fields, running tracks, bowling lanes, and the area

surrounding a piece of fixed gymnastic equipment. While the size of an

area of sport activity may vary from sport to sport, each includes only

the space needed to play. The following examples are provided for

additional clarification.

Example 1. Boundary lines define the field where a football game is

played. A safety border is also provided around the field. The game may

temporarily be played in the space between the boundary lines and the

safety border when players are pushed out of bounds or momentum carries

them forward while receiving a pass. Because the game of football

anticipates that the space between the boundary line and the safety

border is used to play the game, this space and the football field are

included in the area of sport activity.

Example 2. Uneven bars and other pieces of gymnastic equipment

generally include space around the equipment for gymnasts to safely use

the apparatus, including mounting and dismounting. In this example, the

area of sport activity includes the space within which the apparatus is

located.

The sports subcommittee recommended the term ``field of play'' as a

definition for the area where a sport is practiced or played. This term

is not used in this guideline. However, the intent of the ``field of

play'' concept is preserved. The term ``area of sport activity'' is

used to indicate that the area required to be accessible is broader

than a field of play and encompasses activities other than field

sports.

4.1.1(5)(b)(iv)

This section provides a new general exception for access to raised

structures used solely for refereeing a sport. This provision exempts

raised structures such as elevated judging stations for horse racing

facilities and refereeing stands used for volleyball games and tennis

matches. These raised structures are similar to those currently

exempted under ADAAG 4.1.1(5)(b), such as observation galleries, prison

guard towers, fire towers, and fixed lifeguard stands. This exception

should not be construed to obviate the obligations of State and local

government entities to provide program access under title II of the ADA

or for employers to provide reasonable accommodation under title I of

the ADA.

4.1.2(2)(a)

This section requires that an accessible route complying with ADAAG

4.3 must connect both player ends of a court. Where there are multiple

courts, such as in tennis complexes, net posts for adjacent courts may

be too close to provide the minimum width required for an accessible

route. This provision, however, requires only one accessible route

between player ends of a court. Therefore, not every opening between

adjacent net posts must comply with ADAAG 4.3. One opening could serve

two adjacent courts. If a route is not accessible, it will restrict the

movement of persons with disabilities between player ends of a court.

Movement between ends is necessary for switching sides during the play

of a game. To reduce redundancy, similar changes to ADAAG 4.1.3

(Accessible Buildings: New Construction) have not been included in this

proposed rule.

4.1.2(2)(a) Exception

This exception provides that vertical access to raised boxing rings

is not required. ADAAG 4.3 requires at least one accessible route to

connect accessible buildings, facilities, elements, and spaces that are

on the same site. Rope barriers surrounding the raised area are an

integral part of boxing rings. The ropes prevent the installation of an

accessible route without compromising the integrity of the barrier.

Modifications to this design feature would fundamentally change the

nature of the sport. Therefore, the Board is proposing an exception for

vertical access for these unique spaces. To reduce redundancy, similar

changes to ADAAG 4.1.3 (Accessible Buildings: New Construction) have

not been included in this proposed rule.

4.1.2(3)

This exception provides that ADAAG 4.4, which sets requirements for

protruding objects, does not apply to areas of sport activity. The

sports subcommittee recommended that only exercise machines and

gymnastic equipment be exempt from the requirements of ADAAG 4.4.

However, in addition to exercise machines and gymnastic equipment, many

other sports are played or practiced in facilities that contain

protruding objects which are necessary for the play or practice of a

sport. Examples include protrusions on obstacle courses and climbing

walls. The exception for protruding objects is proposed because

requiring most areas of sport activity to comply with ADAAG 4.4 would

change the sport itself. To reduce redundancy, similar changes to ADAAG

4.1.3 (Accessible Buildings: New Construction) have not been included

in this proposed rule.

4.1.2(4) Exception 1

Exception 1 provides that areas of sport activity are not required

to comply with ADAAG 4.5, which sets requirements for accessible ground

and floor surfaces. In proposing this exception, the Board has

attempted to address accessibility to sports by balancing the

conditions desired for sports facilities with the needs of persons with

disabilities. Rules that govern a sport, or even common practices,

often dictate the surface conditions of an area of sport activity. In

examining the application of ADAAG to areas of sport activity, the

sports subcommittee noted that ADAAG 4.1.2(4) and 4.1.3(3) require the

entire surface of an accessible room or space to conform to ADAAG 4.5.

Based on this, most sporting areas would be required to provide

surfaces that are stable, firm, and slip-resistant and, where changes

in level occur, ramps or other accessible means of vertical access. For

example, beach volleyball, played on sand, and hockey, played on ice,

would require stable, firm and slip-resistant surfaces. Requiring these

surfaces to be accessible would fundamentally change these sports.

Additionally, obstacle courses that have tires, beams, logs and other

raised features would require accessible changes in level. The changes

in level

[[Page 37337]]

are integral to the desired experience on an obstacle course.

Under the proposed guidelines, areas of sport activity are

considered an accessible space and are required to be connected by an

accessible route to other accessible spaces and elements on a site.

While the Board considers it necessary to permit exceptions for

accessible surfaces, including level changes, in areas of sport

activity, the accessible route connecting these spaces is critical and

is not exempted. The required accessible route can be located where it

does not enter an area of sport activity. To reduce redundancy, similar

changes to ADAAG 4.1.3 (Accessible Buildings: New Construction) have

not been included in this proposed rule.

4.1.2(4) Exception 2

Exception 2 provides that in hoofed animal containment areas, the

requirements of ADAAG 4.5 for stable, firm, and slip resistant surfaces

do not apply. The provision is an exception to the surface requirement

for accessible routes. In some facilities, including permanent

fairgrounds, animal containment areas are open to the public for animal

viewing, petting, and display. Absorbent material such as wood

shavings, sawdust, and straw is provided for sanitary reasons. In most

applications, a surface composed of such materials would not comply

with the surface requirements of ADAAG 4.5

Additionally, surfaces that are not firm or stable are sometimes

necessary to ensure the safety and health of the animals. A hard

pavement, for example, can damage the tissue of a hoof. This exception

is consistent with the sports subcommittee's recommendations that

included input from designers and operators responsible for hoofed

animal containment areas.

While the sports subcommittee recommended additional exceptions for

the requirements for accessible routes and protruding objects in hoofed

animal containment areas, the Board does not consider these necessary.

Exception 2 only addresses those issues that conflict with sanitation

and animal welfare. Since accessible routes can be located to avoid

other features in livestock facilities where conflicts with the

accessible route provisions may exist, the Board has not proposed any

other exemptions. To reduce redundancy, similar changes to ADAAG 4.1.3

(Accessible Buildings: New Construction) have not been included in this

proposed rule.

4.1.3(12)(c)

This section requires that 5 percent, but not less than one, of

each type of locker be accessible. Lockers are required to comply with

the requirements for storage in ADAAG. The sports subcommittee

recommended that 5 percent of lockers in a locker room be accessible.

The Board supports this recommendation and has also included a specific

provision that one of each type of locker be accessible. Different

types of lockers may include full-size and half-size lockers, as well

as those specifically designed for temporary storage of various sports

equipment.

4.1.3(13) Exception

This provision exempts exercise machines from the requirements of

ADAAG 4.27 that controls and operating mechanisms must have clear floor

space, be located within accessible reach ranges, and be operable with

one hand and not require tight grasping, pinching, or twisting of the

wrist. Where applicable, ADAAG 4.27 also requires that the force

required to activate controls be no greater than 5 lbf.

Many of the requirements of ADAAG 4.27, as outlined above, may

conflict with the operating characteristics of some exercise machines

and equipment. Requiring compliance would significantly alter their

design and function. While this section proposes an exception to the

requirements of ADAAG 4.27, a new section 15.7.1 is proposed which

includes a requirement for clear floor space for accessible exercise

machines and equipment.

4.1.3(19)(c)

This section requires that wheelchair spaces be provided in team or

player seating areas serving accessible areas of sport activity. ADAAG

4.1.3(19)(a) requires wheelchair spaces to be provided in spectator

areas with fixed seating. This section requires wheelchair spaces to be

provided in team or player seating areas in addition to the wheelchair

spaces required for spectators. Where fixed seating is provided in team

or player seating areas, no more than one to two wheelchair spaces are

required based on the total number of seats provided.

Wheelchair spaces in the team seating area must be connected by an

accessible route and be provided with companion seating. The

requirement to provide an accessible route to the team seating area

does not necessarily require the accessible route to be located on the

area of sport activity. The requirement for companion seating in this

application is intended to include other team members and personnel.

The section does not propose changes to the technical requirements for

accessible seating in ADAAG 4.33.2, 4.33.3, 4.33.4, and 4.33.5.

Professional and college baseball facilities often have recessed

team seating areas, usually referred to as dugouts. A dugout has a rear

wall, side walls and a roof. This configuration provides secure team

seating, visibility for managers and a protected vomitory for players

to safely enter and exit the area of sport activity. The recessed

seating also allows for unobstructed spectator viewing over the team

seating area.

The sports subcommittee recommended that the use of platform lifts

be permitted in new construction to provide access from a recessed

dugout to the playing field. The sports subcommittee cited the

exception under ADAAG 4.1.3 (5) Exception 4(a) which permits the use of

platform lifts when providing access to a ``performing area.'' The

sports subcommittee was concerned that if spectator seating is raised,

lines of sight could be adversely affected. For this reason, the sports

subcommittee recommended that such sight line constraints may justify

the use of a platform lift.

The proposed rule requires an accessible route to the team and

player seating areas and to the area of sport activity. In a baseball

facility, for example, an accessible route is required to connect a

recessed dugout with the playing field. The Board does not agree with

the sports subcommittee's recommendation that platform lifts be allowed

to provide access to areas of sport activities and has not proposed an

exception for a platform lift in new construction from a dugout.

Providing ramp access facilitates more independent access for coaching

and other management staff and others using playing fields for special

events. Since it is technically feasible in new construction to design

for ramp access, the Board does not believe that there is sufficient

rationale for persons with disabilities to rely on a platform lift to

gain access to a field.

Question 13: Several new minor league baseball stadiums have

provided ramp access from the dugout to the field by extending the ramp

parallel to the fence line along the spectator seats. The Board is

interested in receiving information about this and other designs for

providing ramp access from the dugout to the field. The Board also is

interested in knowing whether these ramp designs have presented any

safety concerns for players or have interfered with the play of the

sport (e.g., catching foul balls).

[[Page 37338]]

4.1.3(21)

This section amends ADAAG 4.1.3(21) by requiring that where a

public or common use dressing, fitting, or locker room is provided, the

room must comply with ADAAG 4.35. An exception is included permitting

five percent of dressing, fitting, or locker rooms to be accessible

when they are provided in a cluster. Additionally, at least one of each

type of room in each cluster is required to be accessible.

This section clarifies that locker rooms are required to be

accessible, regardless of whether they contain dressing rooms.

Additionally, dressing rooms not located within larger rooms or

clusters are required to be accessible. A reference to locker rooms has

been added and scoping included for non-cluster situations. For

consistency with other ADAAG scoping sections, the Board has also

changed the reference from rooms used ``by general public, patients,

customers, or employees'' to ``public or common use'' rooms.

4.1.3(22)(a)

This section requires that where saunas or steam rooms are

provided, each room must comply with ADAAG 4.36, which provides new

technical provisions for accessible saunas and steam rooms.

4.1.3(22)(a) Exception

This section provides an exception where saunas or steam rooms are

provided in a cluster. Five percent, but not less than one, of sauna

and steam rooms for each type of use in each cluster of rooms must

comply with ADAAG 4.36.

The sports subcommittee recommended that each sauna and steam room

be accessible in new construction. However, the Board is aware that

some facilities have clusters of small sauna rooms which are designed

for one or two persons. Compliance with the proposed technical

requirements in 4.36 without an exception could have the effect of

eliminating such smaller units. Since saunas are similar in size to

dressing rooms, the Board has proposed to address clustered sauna and

steam rooms in the same manner as clustered dressing rooms in ADAAG

4.1.3(21).

4.35 Dressing, Fitting, and Locker Rooms

4.35.1 General

This section requires that locker rooms comply with ADAAG 4.35.

4.35.4 Bench

This section requires that accessible dressing rooms, fitting

rooms, and locker rooms have a bench complying with ADAAG 4.37, which

provides new technical provisions for accessible benches.

4.36 Saunas and Steam Rooms

4.36.1 General

This section requires that saunas and steam rooms required to be

accessible comply with the technical provisions of ADAAG 4.36.

4.36.2 Turning Space

This section requires turning space complying with ADAAG 4.2.3 to

be provided within a sauna or steam room. Turning space is required

within a sauna or steam room so that the door to the room can be opened

independently by all users. The sports subcommittee did not recommend

that a turning space be required within a sauna or steam room. In part,

the sports subcommittee's rationale was based on an additional

recommendation for a signaling device that would permit individuals to

indicate a need to exit the room. Many commenters to the ANPRM did not

support the recommendation for a signaling device citing safety

concerns when individuals may be trapped in a sauna or steam room.

Commenters also indicated that the requirement for a signaling device

may be too onerous for operators. The Board agrees and has not proposed

a requirement for a signaling device. To be effective, such a device

would require monitoring and a method for assuring it is functional at

all times.

4.36.2 Exception

This exception allows the turning space in saunas or steam rooms to

be temporarily obstructed by readily removable seats. This allows

operators an option for smaller units designed for one or two persons.

Knowing the location of the readily removable seats will be

important for both operators and users of the saunas and steam rooms.

Several options are recommended for operators and designers including

signage indicating the location of the removable seat or by

incorporating information about the location of the seat into other

general user information.

Question 14: The proposed accessibility guidelines for saunas do

not require grab bars or other types of handholds. The Board is

interested in whether some type of grab bar or handhold should be

required to assist users when transferring from a wheelchair onto a

bench in a sauna or steam room. Specific information on the location

and types of handholds and grab bars recommended for this use is also

requested.

4.36.3 Bench

This section requires that, where provided, benches in saunas and

steam rooms must comply with ADAAG 4.37, which provides new technical

provisions for accessible benches.

4.36.3 Exception

This exception allows the clear floor space required by ADAAG

4.37.1 at an accessible bench in saunas or steam rooms to be

temporarily obstructed by readily removable seats. As previously

discussed, being aware of the location of the removable seat either by

signage or other user information is important for both operators and

users.

4.36.4 Door Swing

This section provides that doors must not swing into the required

clear floor space at an accessible bench in a sauna or steam room.

4.37 Benches

4.37.1 Clear Floor or Ground Space

This section requires that clear floor or ground space be provided

and be positioned for a parallel approach to an end of the bench seat.

4.37.2 Size

This section provides technical criteria for accessible benches,

including seat dimensions and back support. The seat on an accessible

bench is required to be 20 to 24 inches deep and 42 inches long

minimum. The bench is required to be fixed and provide back support

which is 42 inches minimum in length and extend from a point two inches

maximum above the bench to a point 18 inches minimum above the bench.

These dimensions provide back support to approximately chest level on

most adults. Back support may be achieved through locating benches

adjacent to walls or by other designs that will meet the minimum

dimensions specified.

4.37.3 Height

This section requires a bench seat to be 17 inches minimum to 19

inches maximum above the floor or ground. This height requirement is

consistent with the bench height established in ADAAG 4.35.4 for

benches located in dressing and fitting rooms.

4.37.4 Structural Strength

This section requires that allowable stresses not be exceeded for

materials used when a vertical or horizontal force

[[Page 37339]]

of 250 lbs. is applied at any point on the seat, fastener, mounting

device, or supporting structure.

4.37.5 Wet Locations

This section requires accessible benches, when installed in wet

locations, to be slip-resistant and not accumulate water. This section

is consistent with the requirements in ADAAG 4.35.4 for benches

installed in conjunction with showers, swimming pools, and other wet

locations.

15.7 Sports Facilities

15.7.1 Exercise Equipment and Machines

This section requires that at least one of each type of exercise

equipment and machine be provided with clear floor space complying with

ADAAG 4.2.4 and be served by an accessible route. The required clear

floor space must be positioned for transfer or positioned so that the

equipment can be operated by an individual seated in a wheelchair. The

position of the clear floor space may vary greatly depending on the use

of the equipment or machine. For example, to make a stationary bicycle

accessible, clear floor space adjacent to the seat would be appropriate

to allow for transfer. Clear floor space for a bench press machine

designed for use by an individual seated in a wheelchair, however, will

most likely be centered on the operating mechanisms.

Fitness facilities often provide a range of choices of equipment.

For example, there are many different types of strength training

machines and equipment. Each is designed to address a particular muscle

group such as quadriceps, biceps, and abdominal muscles. Similarly,

there are many types of cardiovascular exercise machines, such as

stationary bicycles, rowing machines, stair climbers, and treadmills.

At least one of each type of exercise equipment and machines must be

served by an accessible route

This proposal is consistent with the recommendation of the sports

subcommittee. The sports subcommittee recommended that accessible

routes be provided to and around exercise equipment and machines. The

sports subcommittee also noted that many pieces of exercise equipment

and machines are not fixed, and therefore, are not within the scope of

ADAAG. ADAAG applies to fixed equipment. Access to non-fixed equipment,

however, is covered by the ADA when provided by a public entity or a

public accommodation. The obligations of covered entities providing

this equipment are established by the Department of Justice ADA

regulations.

15.7.2 Bowling Lanes

This section requires at least five percent, but not less than one,

of each type of bowling lane provided to be accessible. This

requirement is consistent with other ADAAG provisions where multiple

features are provided for the same use. Ten pin and duckpin bowling are

among the different types of bowling lanes that may be provided in a

bowling facility. Where team and player areas are provided in

conjunction with accessible bowling lanes, ADAAG 4.1.3(19)(c) would

apply and require accessible wheelchair spaces. Designers and operators

have flexibility in the location of the required accessible lanes and

seating areas. If fixed spectator seating is provided, ADAAG

4.1.3(19)(a) specifies the number of wheelchair spaces that must be

provided as a part of a bowling facility spectator area.

15.7.3 Shooting Facilities

This section requires at least at least five percent of the total,

but not less than one, of each type of fixed firing position provided

to be accessible. Examples of different types of firing positions

include, but are not limited to, positions having different admission

prices, positions with or without weather covering or lighting, and

different shooting events the fixed firing position is intended to

support. Events include argon, muzzle loading rifle, small bore rifle,

high power rifle, bulls eye pistol, action pistol, silhouette, trap,

skeet, and archery (bow and crossbow).

15.7.3.1 Fixed Firing Position

This section requires that an accessible fixed firing position

contain a turning circle at least 60 inches in diameter that has a

slope not steeper than 1:48 in all directions. A turning circle is

needed at accessible firing positions to ensure sufficient maneuvering

space for aiming.

Swimming Pools, Wading Pools, and Spas

The sports, places of amusement, and outdoor developed areas

subcommittees each provided recommendations in this area. The

recommendations from these subcommittees were fairly consistent;

however, there were some differences. For example, the sports

subcommittee recommended that the methods of providing access into the

water be limited to ramps, lifts, or combination stairs-transfer tiers.

The places of amusement subcommittee provided the identified methods as

examples, but did not limit accessible alternatives to those

identified. The places of amusement subcommittee recommended that

handrails be required on only one side of ramps, while the sports

subcommittee recommended 22 inches clearance between handrails. The

outdoor developed areas subcommittee recommended that the need for

handrails at ramps, for example, be determined by the facility

designer.

Comments to the ANPRM generally agreed with the recommendations of

the three subcommittees in terms of requiring one means of access into

the water. Many commenters recommended that more specific technical

specifications would be necessary to ensure compliance and reduce

confusion.

In October 1995, the Board sponsored a research project on swimming

pool access. The project was conducted by the National Center on

Accessibility at Indiana University. The project included an extensive

literature review, telephone surveys of persons with disabilities,

telephone surveys of pool operators and on-site testing of various

means of accessing the water. Based on this research, the Board

received additional information on the specific designs and

requirements for providing safe and independent access into the water.

The results of the project also supported many of the initial

recommendations of the subcommittees. Based on this research and the

information provided by the subcommittees, the Board is proposing

accessibility guidelines for accessible entry and exit to and from the

water.

In addition to the input received from the Board sponsored research

project, significant input has also been provided by the ANSI/NSPI-1

Public Pool Standard Committee. This standard is currently under

revision. With a parallel development process occurring for these

standards, diverse input was received from pool designers and operators

on accessibility guidelines for people with disabilities. The Board has

made extensive efforts to maintain consistency between the ANSI/NSPI-1

standard and ADAAG. The Board will continue its efforts to seek input

and achieve harmonization with the ANSI/NSPI-1 standard.

15.8.1 Swimming Pools

This section requires that at least two means of entry and exit be

provided for each public and common use swimming pool. A sloped entry

or lift must be the primary means of access. The secondary means of

access is not permitted to duplicate the primary means and also allows

transfer walls, transfer systems,

[[Page 37340]]

stairs, or moveable floors as a means of access. An exception permits

swimming pools with less than 300 linear feet of swimming pool wall to

have only one means of access, but that means of access must be either

a lift or sloped entry.

This section is generally consistent with the recommendations of

the subcommittees and is supported by the Board sponsored research

project. Sixty percent of the people with disabilities interviewed

during the research project had used a pool during the previous year,

and most, once a month. Of those individuals, 99 percent indicated that

one or more means of access should be required at each pool. The need

for more than one means of pool access was also supported by pool

operators who participated in the study. At least one means of access

was already being provided at 73 percent of the pools surveyed.

No one means of access will fully meet the needs of all persons

with disabilities. However, certain means of pool access provide

independent operation to a broader range of people. These means include

swimming pool lifts and sloped entries. Other means of access such as a

transfer wall, transfer system, stairs, and moveable floors provide

access for some people with disabilities. For example, stairs with

handrails provide support for individuals who walk short distances and

transfer systems serve individuals who prefer to transfer into the

water without the use of a mechanical lift. When these means are

combined with a pool lift or sloped entry, they serve a larger segment

of the population of individuals with disabilities. For these reasons,

larger pools, those with more than 300 linear feet of pool wall, are

required to have at least two means of entry and exit to a pool. In

larger swimming pools, multiple access points provide for greater

safety and convenience to users, allowing some choice in methods of

entering or exiting the pool.

15.8.2 Wading Pools

This section requires at least one accessible means of entry to be

provided in wading pools. Acceptable means of entry are sloped entry,

transfer wall, or transfer system. Unlike swimming pools, the size and

depth of wading pools limits the options for access into the water. For

example, the ANSI/NSPI-1 Committee is expected to require wading pool

depths to be limited to 18 inches maximum. Where wading pools are less

than 18 inches deep, a pool lift cannot be used.

Question 15: It has been suggested to the Board that it is

inappropriate to require a means of access into a wading pool because

the height of transfer walls and other transfer systems are considered

to be hazardous to children. Based on these concerns, should the Board

consider exempting these areas?

15.8.3 Spas

This section requires at least one accessible means of entry into

spas. The means of entry must be a lift, transfer wall, or transfer

system. Like a wading pool, size and depth limitations prohibit the use

of certain means of entry into a spa. While a swimming pool lift is an

option for a spa, a sloped entry may significantly impact size and

designs for water containment.

An exception has also been added to address facilities where spas

are provided in a cluster. The exception allows for five percent, but

not less than one, in each cluster to be accessible. This application

is consistent with the other requirements in ADAAG where multiple

elements of the same type are clustered.

15.8.4 Swimming Pool Lifts

This section provides technical provisions for swimming pool lifts.

The provisions provide specifications for the necessary clear deck

space and seat orientation to ensure usability for persons with

disabilities.

15.8.4.1 Seat Location

This section requires the centerline of the seat, when in the

raised position, to be located over the deck and 20 inches minimum from

the edge of the pool. The position of the lift seat is important for

ease of operation and for safety. The location in relationship to the

edge of the pool is especially important to facilitate safe transfers.

The 20 inch minimum distance from the edge of the pool, allows space to

transfer over the deck. Unsafe conditions created by locating the seat

either over the water or too close to the deck edge were observed

during the Board sponsored research project and were identified by

research subjects as problems affecting access.

15.8.4.2 Clear Deck Space

This section requires a clear deck space on the side of the seat

opposite the water. The space is measured from the seat. Clear space is

required to be 30 inches wide minimum and 48 inches long minimum from a

line located 12 inches behind the intersection of the seat and its

back. The clear space is specified in relationship to the seat to allow

unobstructed space for either side or diagonal transfer. The space must

be clear and free of deck braces that can interfere with transfer.

Figure 71 shows the clear floor space, its position, and dimensions.

15.8.4.3 Seat Height

This section requires the height of a lift seat to be 16 inches

minimum to 18 inches maximum above the deck floor. This height is to be

measured from the deck to the top of the seat surface when the seat is

in the raised (load) position. In addition to the clear deck space,

lift seat height is also critical for transfer from a wheelchair or

other mobility device. Several ADAAG provisions such as water closet

seat height and bench height establish a transfer height of 17 to 19

inches for adults. Information obtained from the Board sponsored

research project supported the heights established for other elements

designed for transfer. A slight departure from this provision has been

proposed to address the needs of children transferring to a lift seat.

ADAAG 4.16.7 (Water Closets for Children) permits 11 inches minimum to

17 inches maximum to the top of a toilet seat height. An adjustable

seat may accommodate the need for varying transfer heights for users of

all ages.

15.8.4.4 Seat Width

This section requires a lift seat to be 16 inches wide minimum.

This dimension is consistent with seat widths established for other

seating elements and will accommodate a range of users. Each of the

seats tested during the Board sponsored research project either met or

exceeded this minimum requirement.

Question 16: Different types of seats are available on swimming

pool lifts. The types include flexible sling seats, plastic or

fiberglass seats, and larger stretcher designs that accommodate the

entire body. Persons with disabilities involved in the Board sponsored

research project expressed interest in all types of seats. The Board

has not proposed any special technical provisions for the material of

the seat. Should a certain type of seat be required on swimming pool

lifts?

15.8.4.5 Footrests and Armrests

This section requires footrests to be provided and to move in

conjunction with the seat. Many adult legs will extend beyond 16 to 18

inches below the lift seat. Without a footrest, users' feet will drag

across the deck, potentially causing injury.

This section also requires that, if provided, the armrest opposite

the water be removable or fold clear of the seat when the seat is in

the raised (load)

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position. This clearance is necessary to allow for transfer from a

wheelchair or other mobility device. Armrests are not required on the

lift seats because there is insufficient information to determine their

usefulness and optimal design criteria. However, when provided,

armrests may not obstruct transfer.

Question 17: Should armrests be required on swimming pool lifts? If

so, please provide specific information regarding the appropriate size

and location.

15.8.4.6 Operation

This section requires that a pool lift be capable of unassisted

operation from both the deck and water levels. ADAAG requires that

platform lifts provide unassisted operation. The need for independence

is not diminished by the fact that the user operates a swimming pool

lift. A large percentage of the respondents in the Board sponsored

research project noted the importance of using a lift without

assistance. Pool facility staff also indicated the importance of a

device or design that could be used without pool staff assistance.

Lifts that are operated manually do not offer independent use because

they require an attendant to operate a crank which is unreachable by

the lift user. In most cases, power-operated lifts can offer

independent use.

This section also requires that controls and operating mechanisms

be unobstructed when a lift is in use. This is also important for

independent operation. Controls and operating mechanisms may not

require continuous manual pressure for operation and must comply with

ADAAG 4.27.4 which requires that operating controls not require tight

grasping, pinching, or twisting of the wrist. Additionally, the

controls may not require more than 5 lbf to operate. This is consistent

with requirements for other accessible elements with operating

mechanisms.

15.8.4.7 Submerged Depth

This section requires that a pool lift be designed so that the seat

will submerge to a water depth of 18 inches minimum. This depth is

necessary to ensure buoyancy for the person on the lift seat once in

the water. Data relating to buoyancy levels was provided through the

Board sponsored research project. A diverse group of persons with

disabilities were tested to establish minimum levels of buoyancy with a

sloped entry and a lift.

15.8.4.8 Lifting Capacity

This section requires that single person pool lifts provide a

minimum weight capacity of 300 lbs. Lifts also must be capable of

sustaining a static load of at least three times the rated load. ANSI

A17.1 for platform lifts (Rule Number 2002.7A) requires a minimum

weight capacity of 250 lbs. for single seat lifts. Data from the Board

sponsored research project indicated that the 250 lbs. may be

insufficient. Swimming pool lifts used at two of the facilities for on-

site testing were replaced because of weight damage. Breakdowns and

injuries due to insufficient weight capacity of pool lifts were cited

in the telephone interviews of pool facility staff and people with

disabilities. Based on this information, the weight capacity is

proposed at 300 lbs. for single person lifts, with the capability of

sustaining a static load of at least three times the rated load. This

requirement was also supported by several pool lift manufacturers who

provided advice during the Board sponsored research project.

15.8.5 Sloped Entries

This section provides technical provisions for sloped entries.

These proposed technical provisions provide requirements for more

gradual sloped entries, commonly referred to as beach entry, zero grade

entry, or in-the-water ramps. Due to the similarities of this type of

entry with ramps used in other buildings and facilities, provisions in

ADAAG have been referenced accordingly.

The use of an aquatic chair or other type of water resistant chair

is important for use of a pool ramp and other sloped entries to gain

access into the water. Use of personal wheelchairs or power chairs in

the water can create safety and health hazards. Provisions regarding

aquatic chairs cannot be included in ADAAG. The provision of such

chairs, however, may be subject to the Department of Justice ADA

regulations.

15.8.5.1 Sloped Entries

This section requires sloped entries designed to provide access

into the water to comply with most of the provisions of ADAAG 4.3

(Accessible Route). Where a sloped entry has been designed to provide

access into the water, it must provide an accessible route. This

requires that when the slope of the entry exceeds 1:20, the provisions

of ADAAG 4.8 (Ramps) are applied.

15.8.5.2 Submerged Depth

This section modifies the requirements of ADAAG 4.3 and requires

sloped entries designed to provide access into the water to extend to a

depth of 24 inches minimum to 30 inches maximum below the stationary

water level. This requirement is consistent with the submerged depth

requirement for swimming pool lift seats in the water. As indicated in

15.8.4.7, the Board sponsored research project provided data related to

buoyancy levels necessary for a variety of subjects with disabilities.

Mean buoyancy and mean seated height were calculated to determine the

buoyancy point and water depth at which subjects became buoyant or

floated off their wheelchairs. While there was limited testing with

children, anthropometric data indicated that a water depth exceeding 30

inches would be over the mouth and nose of an average 9 year old child.

This section also requires that at least one landing be located 24

inches minimum to 30 inches maximum below the stationary water level.

The requirement for landings applies to sloped entries when the slope

exceeds 1:20 and the entry must comply with the provisions for ramps.

Beach access or zero grade entries do not have slopes in excess of 1:20

and are not required to have landings. When beach access or zero grade

entry is provided, the entry must extend to a depth of 24 inches

minimum to 30 inches maximum below the stationary water level.

Since wading pools are less than 24 to 30 inches deep, an exception

provides that sloped entries are only required to extend to the deepest

part of the wading pool.

15.8.5.3 Handrails

This section requires handrails on all sloped entries. The clear

width between handrails must be between 33 inches minimum and 38 inches

maximum. Information from on-site testing and interviews in the Board

sponsored research project indicated a need for handrails on both sides

of a sloped entry, regardless of whether mobility aids were used. Pool

operators also indicated that two handrails were most often found on

pool ramps. Further, while a gradual sloped entry (beach or zero grade

entry) increased usability for many individuals, handrails were

especially important given the travel distance to sufficiently deep

water. Handrails on both sides of ramps are necessary for individuals

with limited use of one arm. In light of concerns regarding underwater

obstructions, an exception is provided for handrail extensions required

at the bottom landing of a pool ramp.

15.8.6 Transfer Walls

This section provides technical provisions for transfer walls.

Transfer walls provide a surface at the edge of a

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pool for transfer into the water. Transfer walls may be elevated walls

at the pool edge or lowered sections of the deck. A transfer wall is a

secondary means of access into the water and must be combined with a

lift or sloped entry. A transfer wall is proposed to be a secondary,

not a primary means of access, because this method of entry requires

significant upper body strength.

15.8.6.1 Clear Deck Space

This section requires clear deck space of 60 inches minimum by 60

inches minimum to be provided at the base of a transfer wall. Clear

space is needed to allow individuals to transfer and maneuver from

their wheelchair or mobility device. Where one grab bar is provided on

a transfer wall, the clear deck space must be centered on the grab bar.

This allows sufficient space for a transfer on either side of the grab

bar. Where two grab bars are provided, the clear deck space must be

centered on the clearance between the grab bars. This requirement

provides sufficient space between grab bars for transfer. Section

15.8.6.5 provides additional requirements for grab bars, including

spacing.

15.8.6.2 Height

This section requires the height of transfer walls to be 16 inches

minimum to 18 inches maximum measured from the deck below. The height

requirement is consistent with proposed requirements for pool lift seat

heights at 15.8.4.3 and similarly addresses the needs of some children.

15.8.6.3 Wall Depth

This section requires the depth of a transfer wall to be 12 inches

minimum to 16 inches maximum. As a minimum, the 12 inch depth of the

transfer wall provides adequate space for a person to comfortably sit

on the surface of the wall. The wall depth is limited to 16 inches

maximum so that users are not required to traverse the wall to transfer

to the water.

15.8.6.4 Surface

This section requires the surface of a transfer wall to be free of

sharp edges. This is necessary to reduce the potential for injury when

individuals move across the surface of the wall. Sharp edges may result

in abrasions and other injuries.

15.8.6.5 Grab Bars

This section requires at least one grab to be provided on a

transfer wall. Similar to other elements which require transfer, a grab

bar is necessary to assist users to transfer to and from the transfer

wall. Grab bars also facilitate transfer to and from the water. Grab

bars are required to be perpendicular to the pool wall and extend the

full depth of the wall. The top of the gripping surface must be 4

inches maximum above the wall. Where two grab bars are provided,

clearance between grab bars must be 22 inches minimum. Where one grab

bar is provided, clearance must be 22 inches minimum on both sides of

the grab bar. Grab bars must comply with ADAAG 4.26.

15.8.7 Transfer Systems

This section provides technical provisions for transfer systems

used as a means of access into the water. A transfer system consists of

a transfer surface, combined with a series of transfer steps that

descend into the water. Users must transfer from their wheelchair or

mobility device to a surface and continue transferring from step to

step.

Transfer systems have been used in play areas for the past several

years to provide access to elevated structures. While it has been an

important method for some children to gain access to an elevated play

structure, it is limited to use by persons who are able to transfer,

with or without assistance. Transfer systems are not considered a

primary means of access because they require sufficient upper body

strength to transfer independently, or assistance must be provided. A

transfer system may only be used as a secondary means of access in a

larger pool with 300 linear feet or more of pool wall and must be

combined with either a lift or a sloped entry.

15.8.7.1 Transfer Platform

This section requires a transfer platform to be 19 inches deep

minimum by 22 inches wide minimum. Transfer platforms must be provided

at the head of each transfer system. The transfer platform is the first

point of transfer from a wheelchair or mobility device before entering

the water. The minimum width and depth is necessary to comfortably sit

on the platform.

15.8.7.2 Clear Deck Space

This section requires a clear deck space of 60 inches wide minimum

by 60 inches long minimum with a slope not steeper than 1:48 at the

base of the transfer platform. A level unobstructed space at the base

of the transfer platform, centered along the 22 inch side, is necessary

to facilitate a transfer from a wheelchair or mobility device. The

clear space requirement is consistent with spaces also needed at the

base of a transfer wall.

15.8.7.3 Height

This section requires the height of transfer platforms to be 16

inches minimum to 18 inches maximum measured from the deck. This height

requirement is consistent with other elements used to provide access

into the water.

15.8.7.4 Transfer Step Risers

This section requires transfer step risers to be 7 inches maximum

in height. It also requires that transfer step risers extend to a water

depth of 18 inches minimum. Based on the Board sponsored research

project, a 7 inch maximum step riser was considered to be a comfortable

transfer height when moving from step to step. The 18 inch minimum

depth requirement is consistent with the buoyancy data obtained from

on-site testing completed during the Board sponsored research project.

15.8.7.5 Surface

This section requires the surface of a transfer system to be free

of sharp edges. Similar to other transfer surfaces, this is necessary

to reduce the potential for injury. Sharp edges may result in abrasions

and other injuries.

15.8.7.6 Size

This section requires each transfer step to have a tread depth of

12 inches minimum and 17 inches maximum. A 22 inch minimum tread width

is also required. A minimum tread depth and width is necessary to

ensure adequate space for movement on transfer steps.

15.8.7.7 Grab Bars

This section requires one grab bar on each step to be located so

that the grab bar does not obstruct transfer at either a transfer

platform or a transfer step. The top of the gripping surface must be 4

inches maximum above each step. Grab bars must comply with ADAAG 4.26.

15.8.8 Pool Stairs

This section provides technical provisions for pool stairs used as

a means of entry and exit to the water. Stairs may only be used as a

secondary means of access in a larger pool with 300 linear feet or more

of pool wall and must be combined with either a lift or a sloped entry.

15.8.8.1 Pool Stairs

This section requires pool stairs to comply with ADAAG 4.9

(Stairs), except as modified. ADAAG 4.9 has been referenced since

stairs in pools are used in a similar manner as stairs elsewhere.

Unlike transfer steps which are

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designed for individuals to use in a seated position, pool stairs are

used by individuals who walk.

15.8.8.2 Handrails

This section requires the width between handrails to be 20 inches

minimum to 22 inches maximum. To reduce the potential for underwater

protrusions, handrail extensions required by ADAAG 4.9.4 are not

required at the bottom landing serving a pool stair. The handrail width

provides users who are ambulatory the opportunity for support. During

the Board's work with the ANSI/NSPI-1 Public Pool Standard Committee,

pool designers supported this requirement based on their experience and

preferences from users. The width requirement is similar to the grab

bar configuration required in ADAAG Figure 30(b) (Alternate Stalls).

15.8.9 Moveable Floors

This section requires that the pool coping comply with ADAAG 4.5.2

where a moveable floor connects with a pool deck. Moveable floors in

pools are designed in several ways. In some cases, the entire pool

floor or only a section of the floor is raised or lowered to the

desired depth. Hydraulic pistons are used to slowly move the floor.

When the floor is raised to deck level, people can either walk or roll

their wheelchair or mobility device onto the pool floor and then be

lowered to the desired water depth.

The ANSI/NSPI/WWA-9 Committee is developing new standards for

public pools and water sources for aquatic recreation facilities. This

includes wave pools, activity pools, leisure rivers, and other

facilities often found in water parks. This standard will not address

conventional swimming pools, pools for competitive aquatic sports, and

wading pools which are covered by ANSI/NSPI-1. ADAAG will apply to all

swimming pools and aquatic recreation facilities. The proposed

guidelines provide designers with a choice of options of how to provide

access. For example, while moveable floors may not be appropriate for a

wave pool, sloped entries have been used as a means of access into

water. Designers and operators can select the means of access

appropriate to the design and function of the pool.

Question 18: Are there specific features within aquatic recreation

facilities where it is technically infeasible in new construction to

comply with the proposed requirements in 15.8? If so, the Board is

interested in specific examples of why this is not feasible, along with

alternatives to providing access for persons with disabilities.

Other Issues

The sports subcommittee recommended that separate accessible unisex

toilet and changing facilities be provided in sports facilities. This

was based on the concern that some individuals with disabilities use

the assistance of persons of the opposite sex and require a toilet or

bathing facility that accommodates both persons. The Board is aware of

this concern and has worked with model building code organizations to

develop scoping provisions for accessible unisex toilet facilities.

These provisions will likely be incorporated into State and local

building codes. It is anticipated that this would be required in

assembly and mercantile occupancies where an aggregate of six or more

fixtures (e.g., toilets for either men or women) are provided. Assembly

occupancies include, but are not limited to, theaters, museums,

nightclubs, stadiums, amusement parks, restaurants, health clubs, and

transportation facilities.

Question 19: Multi-head showers, often referred to as ``gang''

showers, can be designed to meet the requirements in ADAAG 4.21, which

requires grab bars on three sides. Is this location of the grab bars

useful in multi-head showers? If not, what design would be most useful?

Question 20: The Board has not proposed exceptions for existing

conditions where recreation facilities are altered. Some exceptions

will be necessary to address elements and features where unique

conditions prevent accessibility according to new construction

requirements. Commenters are encouraged to recommend exceptions where

necessary. Please provide an explanation of the problem and the

solution, including costs and benefits associated with recommended

exceptions.

Question 21: Some wheelchairs designed for wheelchair sports have a

longer or wider wheelbase than those designed for everyday use. The

Board is interested in obtaining more information about the dimensions

of sports wheelchairs and any issues related to their use in sports

facilities complying with ADAAG. Do existing ADAAG requirements for

door widths, maneuvering clearances, or clear floor space allow for use

of such wheelchairs? If not, please provide specific information

regarding problems experienced and how these problems have been

addressed.

Question 22: The Department of Justice's ADA regulations require

that public entities and places of public accommodation ensure

effective communications so that persons with visual and hearing

impairments can obtain information about programs, services,

activities, and facilities. The Board has examined sports facilities to

determine if ADAAG adequately addresses access to communications in

various types of sports facilities. There are areas in sports

facilities where information is communicated to players, coaches, and

spectators via fixed communications systems. Examples include screens

displaying scoring information and public address announcements. The

Board seeks further information on specific concerns not currently

addressed by ADAAG regarding communication accessibility in recreation

facilities. The Board wishes to explore accessible communication

technologies that are fixed building elements. Please also provide

information about accessibility issues related to fixed, inaccessible

communication systems.

Question 23: On April 30, 1998, the Access Board published proposed

accessibility guidelines for play areas (63 FR 24080). During the

comment period, several commenters requested clarification on the

application of the proposed accessibility guidelines to water play

components. Some play components have mechanisms that squirt water. In

some facilities, including neighborhood parks and other recreation

facilities, these water play components are not located in a swimming

or wading pool and, therefore, would be considered ground-level play

components. Sections 16.1.1(1) and 16.1.5 of the proposed accessibility

guidelines for play areas would require one of each type of ground-

level play component to be accessible and be connected by an accessible

route. In other facilities, water play components are located in

swimming and wading pools. For example, wading pools designed for small

children often include water play components. Section 15.8.1 of this

proposed rule would require an accessible means of entry into each

public use and common use swimming pool. Should the Board develop

additional provisions to more specifically address access to these

water play components? If so, please provide specific examples of the

type of guidance required.

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Regulatory Process Matters

Executive Order 12866: Regulatory Assessment

This proposed rule is a significant regulatory action under

Executive Order 12866 and has been reviewed by the Office of Management

and Budget. The Administrator of the Office of Information and

Regulatory Affairs of the Office of Management and Budget considers the

proposed rule to be a major rule under the Congressional Review Act (5

U.S.C. 801 et seq.). The Board has assessed the potential costs and

benefits of the rule. For each type of facility covered by the rule,

the Board has analyzed data on the number of existing facilities,

number of new facilities projected to be built each year, current

design and construction practices, construction costs, and any

additional costs expected to result from the rule. For some facility

types, sufficient data was not available to conduct a complete

analysis. The data is summarized below. The Board invites comment on

the data and seeks additional data as indicated below.

Amusement Rides

There are approximately 200 amusement and theme parks in the United

States. These facilities operate a variety of amusement rides, whose

costs typically range from $90,000 to $600,000. Theme park rides and

roller coasters are usually unique and cost millions of dollars. There

is limited data available on capital investment for new amusement

rides. In a trade association survey, 10 amusement facilities projected

capital investments totaling $267 million in 1997, and approximately

the same number of facilities projected $140 million in 1998. These

figures include the construction of concession stands and other

facilities, in addition to amusement rides. Based on this limited data

and assuming an average cost of $345,000 for an amusement ride, it is

estimated that there are 590 new rides annually. This represents 3 new

rides for existing amusement facilities each year.

The Board seeks additional data from owners and operators of

amusement rides on the number of new amusement and theme parks expected

to be constructed in the next five years, the number and types of rides

expected to be provided at these new facilities, the number and types

of rides expected to be added each year to existing facilities, and the

costs of the rides. The Board also seeks information on current design

and construction practices for providing access to new rides.

Industry sources estimate that the cost for providing a wheelchair

space on an amusement device ranges from $4,500 to $150,000 and the

cost for providing a transfer seat ranges from $15,000 to $100,000.

Industry sources further estimate that the cost for providing a

wheelchair storage space for each transfer seat ranges from $0 to

$5,000 for ground-level load and unload areas, and from $20,000 to

$60,000 for elevated load and unload areas. Some of these estimates

appear to be based on retrofitting existing rides to provide access.

Designing new rides to provide access from the conceptual phase onward

usually results in much less cost. For example, incorporating a 30 inch

by 48 inch minimum clear floor space for storing a wheelchair in the

design of an elevated load and unload area should cost a lot less than

$20,000 to $60,000. The Board seeks additional data on the costs for

providing wheelchair spaces and transfer seats on amusement devices

where these designs are incorporated in the conceptual phase of the

ride.

Boating Facilities, and Boat and Ferry Docks

There are approximately 10,375 marinas and 1.1 million boat slips

in the United States. New boating facilities incorporate wider piers

and pier clearances in their designs and the proposed provision for

accessible boat slips is not expected to result in any increase in

costs. The proposed provision for gangways connecting floating

platforms will have a cost impact. The cost will depend on the size of

the facility and water level change. Small facilities and facilities

with high water level changes are permitted to exceed a 1:12 maximum

slope under the conditions specified in Table 15.2.1. Cost estimates

were prepared by engineers for constructing gangways for various water

level changes with and without maintaining a 1:12 maximum slope to

determine the incremental costs resulting from the proposed rule.

Actual construction costs in a competitive bid environment may vary up

to 50 percent above or below these engineering estimates. Cost

estimates were prepared for four regions of the country and national

averages used. The incremental costs were compared to the total

construction costs for boating facilities, which are assumed to be $40

per square foot. Land acquisition is not included in the construction

costs.

For a boating facility with 10 slips and 2,450 square feet of fixed

and floating piers, the gangway would have to maintain a 1:12 maximum

slope for water level changes up to 2.5 feet. The total construction

cost for the facility is estimated at $99,600. The incremental cost for

maintaining a 1:12 maximum slope when the water level change is 2.5

feet is $1,825, or 1.8 percent of the total construction costs.

For a boating facility with 100 slips and 20,550 square feet of

fixed and floating piers, the gangway would have to maintain a 1:12

maximum slope for water level changes up to 12.5 feet. The total

construction cost for the facility is estimated at $822,000. The

incremental cost for maintaining a 1:12 maximum slope varies directly

with the water level change. For a 2.5 feet water level change, the

incremental cost is $1,825 or 0.2 percent of the total construction

cost; for a 5 feet water level change, the incremental cost is $12,769

or 1.5 percent of the total construction cost; for a 7.5 feet water

level change, the incremental cost is $42,881 or 5.2 percent of the

total construction cost; for a 10 feet water level, the incremental

cost is $62,956 or 7.6 percent of the total construction cost; and for

a 12.5 feet water level change, the incremental cost is $110,406 or

13.4 percent of the total construction cost.

The Board seeks data from owners and operators of boating

facilities on the number of new boating facilities with floating

platforms expected to be constructed in the next five years, the size

of the facilities (total square feet of fixed and floating piers),

water level changes at the facilities, and costs of the facilities.

Boat and ferry docks that consist of floating platforms also would

have to comply with the gangway provision. The Board seeks the same

data for boat and ferry docks as requested above for boating

facilities.

Fishing Piers and Platforms

There is limited data available on the number of fishing piers and

platforms in the United States. The National Marine Fisheries Service

lists 3,000 saltwater fishing sites on the East Coast and Gulf of

Mexico, excluding Florida and Texas. These sites include piers,

beaches, jetties, marinas, and bridges. The Army Corps of Engineers has

constructed 413 fishing piers and docks which are usually operated by

public and private entities.

New fishing facilities have wider piers and platforms and the

proposed provisions for clear space and maneuvering space are not

expected to result in any increase in costs. The proposed rule does not

require new fishing facilities to provide railings. However, if

railings are provided, the proposed rule sets a maximum height for a

portion of the railings and also

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requires edge protection to extend at least 2 inches above the ground

or deck surface. The cost of this requirement is negligible when

compared to the total cost of the facility.

New fishing facilities that consist of floating platforms will have

to comply with the same maximum slope requirements for gangways as do

boating facilities with floating platforms. The Board seeks data from

owners and operators of fishing facilities on the number of new fishing

facilities with floating platforms expected to be constructed in the

next five years, the size of the facilities (total square feet of fixed

and floating piers), water level changes at the facilities, and costs

of the facilities.

Golf

There are approximately 11,300 public and municipal golf courses in

the United States. Based on the number of new golf courses opened

between 1992 and 1997, the rate of new construction is projected at 3.8

percent, or about 430 new golf courses annually. Most recently

constructed golf courses meet the proposed provisions for a golf car

passage, teeing grounds, putting greens, and driving ranges and

practice tees. Industry sources have indicated that the proposed rule

is expected to have minimal to negligible cost impact on the

construction of new golf courses.

Miniature Golf

There are 3,000 to 4,000 miniature golf courses in the United

States. Miniature golf course lots vary considerably in size. There is

a trend to design courses with elevated holes. One designer typically

uses 29,000 square feet for an 18 hole course, with an average hole

size of 360 square feet. Land costs range from $3 to $15 per square

foot. Holes and paths typically consist of concrete or brick, and cost

from $1 to $3 per square foot. The Board seeks additional data on the

number of new miniature golf courses expected to be constructed in the

next five years, the size of the facilities, and total project costs,

including land, materials, and labor.

The cost impact of the proposed rule will vary based on the

elevation change and hole design of the miniature golf course. The

proposed rule would require at least 50 percent of elevated holes to be

accessible. The proposed rule also allows holes to be designed so that

wheelchair users can hit the ball from an accessible route adjacent to

the hole instead of providing an accessible route through the hole. One

designer estimates that it will cost 5 percent to 45 percent more to

connect holes with an accessible route. Designers will plan miniature

golf courses differently based on accessibility requirements. The Board

seeks information on designs that will comply with the proposed rule,

meet the objectives of miniature golf course operators, and make

optimum use of space. Commenters should identify differences in space

usage from current design practices and the method for estimating

additional costs attributed to the proposed rule.

Sports Facilities

The proposed rule adds several exceptions to existing ADAAG

provisions for certain sports facilities. There is no cost associated

with these exceptions. The proposed rule also includes provisions for

exercise equipment and machines, bowling lanes, shooting ranges, sauna

and steam rooms, and locker rooms. There are approximately 13,800

health and fitness clubs; 6,700 bowling centers; and 6,400 shooting

ranges in the United States. In addition, hotels and motels, schools,

colleges and universities, and public parks and recreation programs

often have exercise equipment and machines, sauna and steam rooms, and

locker rooms as part of their facilities. Industry sources have

indicated that the proposed rule is expected to have negligible impact

on the construction of these new sports facilities.

Swimming Pools, Wading Pools, and Spas

There is no data available on the number of commercial swimming

pools in the United States. One manufacturer estimates that about 2,500

new commercial swimming pools are constructed each year. Most

commercial swimming pools have less than 300 linear feet of pool wall.

Schools, colleges and universities, and public parks and recreation

programs usually construct pools having more than 300 linear feet of

pool wall. Assuming a unit cost of $142 per square foot, a 5,000 square

foot pool would cost $.7 million and a 10,000 square foot pool would

cost $1.4 million. The Board seeks additional data on the number of

commercial swimming pools constructed each year, the size of the pools,

and their costs. The Board also seeks information on the extent to

which an accessible means of entry is currently provided to newly

constructed pools.

The costs for the various accessible means of entry to a swimming

pool range from $2,860 to $7,500 for swimming pool lifts; $8,282 to

$11,000 for sloped entries; $3,600 to $4,000 for transfer walls; $864

to $3,000 for transfer systems; $2,413 to $3,000 for pool stairs; and

$200,000 to $500,000 for movable floors.

The proposed rule would require swimming pools which have less than

300 linear feet of pool wall to provide at least one accessible means

of entry to the pool. If a swimming pool lift costing $5,200 is used,

the additional cost would be 0.7 percent of the total construction cost

for a 5,000 square foot pool. Assuming that 80 percent of new pools

have less than 300 linear feet of pool wall, it would cost $10.4

million annually to provide swimming pool lifts for these 2,000 new

pools.

The proposed rule would require swimming pools which have 300

linear feet or more of pool wall to provide at least two accessible

means of entry to the pool. If a swimming pool lift costing $5,200 and

a transfer system costing $2,400 are used, the additional cost would be

0.5 percent of the total construction cost for a 10,000 square foot

pool. Assuming the other 20 percent of new swimming pools have 300

linear feet or more of pool wall, it would cost another $3.8 million

annually to provide swimming pool lifts and transfer systems for those

500 new pools.

The proposed rule also would require an accessible means of entry

to wading pools and commercial spas. The Board seeks data on the number

of new wading pools and commercial spas constructed each year and their

costs. The Board also seeks information on the means currently used to

provide access to wading pools and commercial spas, and the costs for

providing access.

Benefits

The proposed rule is issued pursuant to the Americans with

Disabilities Act (ADA) to eliminate discrimination against individuals

with disabilities. In enacting the ADA, Congress expressly found that

architectural, transportation and communication barriers result in

discrimination against individuals with disabilities. The proposed rule

will ensure that new recreation facilities are readily accessible to

and usable by individuals with disabilities. As new recreation

facilities are designed and constructed to be accessible, individuals

with disabilities will enjoy the benefits of these facilities.

Operators of recreation facilities will experience increased usage and

patronage by individuals with disabilities. The proposed rule also

establishes the basis for uniform standards for accessibility to

recreation facilities. Designers and manufacturers will have a clear

and consistent set of standards with which to work. Establishing

uniform standards

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for accessibility has resulted in innovation and new designs that are

cost effective and beneficial to everyone.

Regulatory Flexibility Act: Initial Regulatory Flexibility Analysis

The Board has prepared this initial regulatory flexibility analysis

for purposes of the Regulatory Flexibility Act to describe the impact

of the proposed rule on small entities.

Reason for, Objectives of, and Legal Basis for Proposed Rule

This proposed rule is issued under the authority of the Americans

with Disabilities Act (ADA), which requires the Board to issue

guidelines to ensure that buildings, facilities, and vehicles are

accessible, in terms of architecture and design, transportation, and

communication, to individuals with disabilities. Recreation facilities

are specifically covered by the ADA. In enacting the ADA, Congress

expressly found that individuals with disabilities continually

encounter various forms of discrimination, including the discriminatory

effects of architectural, transportation, and communication barriers.

Among the purposes of the ADA is to provide clear and consistent

standards addressing discrimination against individuals with

disabilities.

The Board initially issued the Americans with Disabilities Act

Accessibility Guidelines (ADAAG) in 1991. ADAAG contains scoping

provisions and technical specifications for designing parking areas,

entrances, toilet rooms, and other elements and spaces that typically

comprise a building and its site so that individuals with disabilities

will have ready access to and use of the facility. Amusement rides,

boating and fishing facilities, golf courses, miniature golf, sports

facilities, swimming pools, wading pools, and spas have some unique

features which are not adequately addressed by ADAAG. Additional

guidelines are needed for providing access to these features. The

proposed rule would add provisions to ADAAG to address these features.

Description and Estimate of Number of Small Entities to Which the

Proposed Rule Will Apply

The proposed rule will apply to small entities in the services

industries. The Small Business Administration defines small entities

for the services industries as those having $5 million or less in

annual receipts. The number of small entities to which the proposed

rule will apply are included in the following categories of the

Standard Industrial Classification (SIC) system:

(1) Amusement parks (SIC 7996). Census data indicate that 711 out

of 753 firms have less than $5 million in annual receipts.

(2) Marinas (SIC 4493). Census data indicate that 3,600 out of

3,675 firms have less than $5 million in annual receipts.

(3) Golf Courses (SIC 7992). Census data indicate that 3,525 out of

3,560 firms have less than $5 million in annual receipts.

(4) Physical fitness facilities (SIC 7991). Census data indicate

that 8,116 out of 8,169 firms have less than $5 million in annual

receipts.

(5) Membership sports and recreation clubs (SIC 7997). Census data

indicate that 6,828 out of 6,929 firms have less than $5 million in

annual receipts.

(6) All other amusement and recreation services (SIC 7999). Census

data indicate that 21,078 out of 21,312 firms have less than $5 million

in annual receipts. This category is over broad and includes entities

such as bingo parlors, karate instruction, ping pong parlors, bicycle

rental, scuba and skin diving instruction, and yoga instruction, which

are not affected by the proposed rule.

The following entities would also be affected by the proposed rule

to the extent that they provide exercise equipment, swimming pools, and

other recreational facilities covered by the rule.

(7) Sporting and recreational camps (SIC 7032). Census data

indicate that all 2,812 firms are small entities.

(8) Elementary and secondary schools (SIC 8211). Census data

indicate that 13,335 out of 14,882 private firms are small entities.

(9) Colleges, universities, and professional schools (SIC 8221).

Census data indicate that 947 out of 2,063 private firms are small

entities.

(10) Junior colleges and technical institutes (SIC 8222). Census

data indicate that 353 out of 543 private firms are small entities.

(11) Hotels and motels (SIC 7011). Census data indicate that 34,417

out of 36,695 firms are small entities.

In addition, the proposed rule would apply to public parks and

recreation programs, public elementary and secondary schools, and

public colleges and universities that provide exercise equipment,

swimming pools, or other recreation facilities covered by the rule. For

purposes of the Regulatory Flexibility Act, a governmental jurisdiction

is considered a small entity if it has a population of less than

50,000. The National Recreation and Park Association estimates that

there are 4,800 public park and recreation departments in the United

States. The U.S. Department of Education reports that there are 85,393

public elementary and secondary schools, and 1,625 public colleges and

universities. The Board seeks information on the number of these public

programs which are part of governmental jurisdictions having a

population less than 50,000.

Description of Reporting, Record Keeping, and Other Compliance

Requirements

The proposed rule establishes accessibility guidelines for the

design and construction of new recreation facilities. The guidelines

also apply to alterations to recreation facilities. The guidelines

apply to altered parts of a facility subject to alteration provisions

in ADAAG 4.1.6, including the exception for when compliance is

technically infeasible. There are no reporting or record keeping

requirements.

The provisions of the proposed rule are discussed in detail in the

Section-by-Section Analysis of the preamble. The provisions are

summarized briefly below. Amusement rides would be required to provide

one wheelchair space and one transfer seat for each 100 fixed seats. An

exception is provided for amusement rides where it is not operationally

or structurally feasible to provide wheelchair spaces, in which case

two transfer seats would be required for each 100 fixed seats. The

proposed rule includes technical specifications for wheelchair spaces,

transfer seats, accessible loading and unloading areas, wheelchair

storage space, and signage.

Boating facilities with floating platforms would be permitted to

exceed a 1:12 maximum slope under certain conditions specified in Table

15.2.1 relating to size of the facility and change in water level. At

least 3 percent of boat slips would have to be accessible. The proposed

rule includes technical specifications for accessible boat slips.

Floating fishing piers and platforms would have to comply with the same

provisions for gangways as do boating facilities. Where railings are

provided at fishing facilities, at least 25 percent of the railings

would have to be 32 inches maximum above the ground or deck surface,

and edge protection would have to be provided. The proposed rule

includes technical specifications for clear space and maneuvering space

on fishing piers or platforms.

Golf courses would be permitted to provide a golf car passage on

which a motorized golf car can operate in lieu of an accessible route.

The proposed rule includes scoping provisions and

[[Page 37347]]

technical specifications for teeing grounds, putting greens, driving

ranges and practice tees, and weather shelters. The proposed rule also

addresses miniature golf courses. Where elevated holes are provided on

a miniature golf course, at least 50 percent of those holes would have

to be connected by an accessible route. All other holes would have to

be on an accessible route. The proposed rule also allows holes to be

designed so that wheelchair users can hit the ball from an accessible

route adjacent to the hole instead of providing an accessible route

through the hole.

At least one of each type of exercise equipment would have to be

served by an accessible route and have a clear floor space positioned

for transfer or for use by an individual seated in a wheelchair. At

least 5 percent of bowling lanes and fixed firing positions at shooting

ranges would have to be accessible.

Swimming pools having less than 300 linear feet of pool wall would

have to provide at least one accessible means of entry to the pool, and

swimming pools having 300 linear feet or more of pool wall would have

to provide at least two means of accessible entry to the pool. Wading

pools and spas also would have to provide at least one accessible means

of entry. The proposed rule includes technical specifications for the

following accessible means of entry to pools: swimming pool lifts,

slopped entries, transfer walls, transfer systems, pool stairs, and

moveable floors.

Other Federal Rules Which May Duplicate, Overlap, or Conflict With

the Proposed Rule

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

regulations to implement the law. The Department of Justice's ADA

regulations are required to include standards for the accessible design

of facilities, which must be consistent with ADAAG. Thus, the

Department of Justice is expected to amend its ADA regulations at a

future date based on the Board's amendments to ADAAG. The Department of

Justice's ADA regulations, not ADAAG, are enforceable under the ADA.

Description of Steps Taken To Minimize Any Significant Economic

Impact of the Proposed Rule on Small Entities

The proposed rule is issued to implement the ADA, which requires

newly constructed and altered facilities to be accessible to

individuals with disabilities. By nature of the ADA, ADAAG has

universal applicability to all newly constructed and altered facilities

covered by the law. In developing the proposed rule, the Board sought

the advice and recommendations of an advisory committee representing

the various interests affected by the rule, published an advance notice

of proposed rulemaking seeking comment on the advisory committee's

recommendations, and considered current design and construction

practices for the types of facilities addressed by the rule and the

potential cost impact of the rule.

The proposed rule is expected to have minimal or negligible impact

on the design and construction of new golf courses, bowling centers,

shooting ranges, and facilities providing exercise equipment and

machines, sauna and steam rooms, and locker rooms. For swimming pools,

the number of accessible means of entry to the pool is based on the

size of the pools. Swimming pools having less than 300 linear feet of

pool wall would have to provide at least one means of accessible entry

to the pool. The additional cost for providing an accessible means of

entry is expected to be less than 1 percent of the total construction

for a swimming pool.

For boating and fishing facilities, the proposed rule is not

expected to have any impact on the design and construction of boat

slips and pier clearances. The exception permitting gangways to

floating piers and platforms to exceed the 1:12 maximum slope is based

on the size of the facility and water level change as set out in Table

15.2.1. The table was developed to minimize the cost impact on smaller

facilities and facilities having greater water level changes. The cost

data is summarized above under Executive Order 12866: Regulatory

Assessment.

For miniature golf courses, to minimize the cost impact, the

proposed rule would require at least 50 percent of elevated holes and

each level hole to be accessible. The Board requests specific guidance

in the preamble on how to differentiate between level and elevated

holes.

As explained under Executive Order 12866: Regulatory Assessment,

there is limited data available on amusement rides. The Board is

requesting additional data from owners and operators of amusement rides

during the comment period on the proposed rule and will fully analyze

any additional data provided before issuing a final rule. The Board

seeks information on the economic impact of the proposed rule on small

entities who plan to design or construct new amusement rides and any

regulatory alternatives that would minimize the impact and still

achieve the statutory objective of providing access to such facilities

for people with disabilities.

The Board invites comment on this initial regulatory flexibility

analysis.

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 Board has involved organizations representing the various

interests affected by the proposed rule in the development of the rule.

The Recreation Access Advisory Committee included representatives of

State and local governments. Notices of advisory committee meetings

were disseminated widely and interested persons were encouraged to

attend the meetings. The report of the advisory committee's

recommendations has been distributed to entities that will be affected

by the rule and is one of the Board's most frequently requested

publications. The Board published an advance notice of proposed

rulemaking requesting comments on the advisory committee's report and

received comments from all sectors, including State and local

governments. In addition to requesting comments on the proposed rule,

the Board will hold a public hearing on the rule to give all interested

persons an additional opportunity to share their views regarding the

rule with the Board.

Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act does not apply to proposed or

final rules that enforce constitutional rights of individuals or

enforce any statutory rights that prohibit discrimination on the basis

of race, color, 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.

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List of Subjects in 36 CFR Part 1191

Buildings and facilities, Civil rights, Individuals with

disabilities, Transportation.

June I. Kailes,

Chair, Architectural and Transportation Barriers Compliance Board.

For the reasons stated 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 as follows:

a. In section 3.5, add definitions for ``Amusement Device,''

``Amusement Ride,'' ``Area of Sport Activity,'' ``Boat Launch Ramp,''

``Boat Slip,'' ``Design High Point.'' ``Gangway,'' ``Golf Car Path,''

and ``Teeing Ground'' in alphabetical order.

b. In section 4.1.1, remove the word ``or'' at the end of the

paragraph 5(b)(ii); add the word ``or'' at the end of paragraph

5(b)(iii); and add a new paragraph 5(b)(iv).

c. In section 4.1.2, redesignate paragraph 2 as paragraph 2(a); add

a new paragraph 2(b); add an exception after paragraph 2(b); add an

exception after paragraph (3); and add two exceptions after paragraph

(4).

d. In section 4.1.3, add a new paragraph (12)(c); add an exception

after paragraph (13); add an exception after paragraph (19)(a), add a

new paragraph (19)(c); revise paragraph (21); add an exception after

paragraph (21); add a new paragraph (22); and add an exception after

paragraph (22).

e. Revise the heading of section 4.35, and revise sections 4.35.1

and 4.35.4.

f. Add new section 4.36.

g. Add new section 4.37.

h. Add new section 10.5.

i. Add new section 15.

The additions and revisions read as follows:

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

Accessibility Guidelines for Buildings and Facilities

* * * * *

3.5 Definitions

* * * * *

Amusement Device. A device which moves persons through a fixed

course within a defined area for the purpose of amusement or

entertainment and which is not controlled or operated by the rider.

Amusement Ride. A system containing one or more amusement

devices that are intended to provide the same general amusement

experience.

* * * * *

Area of Sport Activity. That portion of a room or space where

the play or p

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