NOVEMBER 2010
NRPA Congress Great Again for RAC and RAC Clients
The National Recreation and Parks Association 2010 Congress was held in Minneapolis October 25 to 29. Our exhibit, with our partner company Brusseau Design Group (BDG, which provides landscape design, master planning, and project management) was filled with delegates and other exhibitors. Many wanted to learn about RAC and BDG…and some wanted to win the drawing for an I-PAD.
There was only one winner though, and it is Mark Simon, Superintendent of Parks with the Dundee Township Park District in Dundee, IL . Congratulations to him!
DeKalb Park District Retains RAC for Mandated Access Audit
The DeKalb Park District in DeKalb, Illinois has retained RAC for the mandated 35.105 access audit. “The District has a number of older park sites that need a full evaluation. After reviewing the proposal from RAC we are confident they will provide a thorough assessment of the District’s parks and facilities” said Cindy Capek, Executive Director of the Park District. RAC started park site audits November 8 with plans to finish outdoor audits before the snow blows across the fields of DeKalb.
Public Hearings on Accessible Golf Cars, Accessible Exercise Machines
The Department of Justice (DOJ) scheduled three public hearings on accessible golf cars and accessible exercise equipment, per the Advance Notice of Proposed Rulemaking (ANPRM) published July 26, 2010. One is set for November 18 in Chicago. The next is December 16 in Washington DC. The third is set for January 10, 2011 in San Francisco. See the ANPRM questions 12 through 15 at http://www.ada.gov/anprm2010/equipment_anprm_2010.htm.
These hearings are a critical opportunity for parks and recreation professionals and people with disabilities to influence federal requirements on these two important subjects. Attend! Listen! Share your knowledge! What comes out of these hearings will evolve into a regulation that will affect parks and recreation through the year 2030 and beyond.
The 2010 Standards for Accessible Design
As you know from the last two months, the Department of Justice did publish the 2010 Standards for Accessible Design, with recreation requirements for the first time ever. This had also been the document known as the ADA/ABA Final Guideline and is now available as the 2010 Standards. Do not delay, get this and make it your best friend. Reference this for bid documents and access audits. Go to http://www.access-board.gov/ada-aba/ada-standards-doj.cfm
Four Short Months from Now
Depending on when you read this, in about 4 months the new policy provisions of the title II regulations become effective.
At your agency:
- Do your staff know what questions they can ask someone who enters a building or a park riding a Segway or similar device?
- Do your staff know what questions they are prohibited from asking that same person?
- Do your staff know what questions they can ask someone who enters a park or facility with a service animal?
- Do your staff know what to look for in regards to the work of the service animal, and how to evaluate whether the service animal poses a threat or hygiene risk?
- Do you have an automated phone answering system and is it ready to comply with the new title II for callers who are deaf or hard or hearing?
- Do your staff at performance or art venues know the new ticketing requirements in title II?
For these and other policy issues, if you have not started work already, please do so soon. These new and enhanced policy requirements become effective March 15, 2011. If RAC can help with sample policies or with staff training, please call John McGovern at 224/293-6451.
Lemont Park District Retains RAC for Access Audit and Transition Plan Development
The Lemont Park District in Lemont, Illinois retained RAC for the mandatory access audit of existing sites and facilities. The District has, like many others, made certain that new sites are designed to be compliant with the federal level recreation guidelines. “We see this as an important part of our master plan process and are anxious to get the results” said Louise Egofske, Executive Director.
Shelley Says…
Locker rooms are an essential part of a swim or fitness facility. However, almost without exception, we have found most facility locker rooms do not have designated accessible lockers or compliant benches that are usable by someone with a physical disability. What makes an accessible locker? It isn’t difficult. Signage! Mount the symbol of accessibility to at least 5% of the existing lockers. The elements, hooks and shelves, also must be within reach range, 15” to 48” above the floor. The last two features are clear floor space to approach the locker as well as compliant hardware that can be operated without a tight pinch or grasp.
A compliant bench is one that is 48” in length, 24” deep, 17” to 19” aff and mounted to the wall. If locker rooms have separate dressing stalls, one must be accessible with a bench within. If there are no separate dressing stalls, the compliant bench must be in the general locker area. The bench standards do not require a bench in both areas, if one is provided in a dressing stall; you need not mount one in the general area with the other benches.
Finally, you must have an accessible shower. There are several types, but the easiest to fit into an existing shower area is a transfer shower that is 36” by 36” in dimension has a foldaway bench and grab bars. Be sure to review the 2010 Standards when making your modification so that the operable parts, grab bars and benches are in the correct position.
National Institute on Recreation Inclusion (NIRI)
The NRPA National Institute on Recreation Inclusion (NIRI) was held November 8 to 10 in Schaumburg, Illinois. More than 250 people attended and heard great sessions from the US Department of Justice and the US Access Board. Many other speakers provided helpful information, including RAC President John McGovern. McGovern was the co-chair of the 2010 NIRI Planning Committee.
A Great Resource: Diveheart
Jim Elliott has a vision…a big vision! We have known for decades that people with disabilities thrive in water, whether it is swimming, snorkeling, sitting alongside it, or yes, scuba diving. The ease of movement resulting from the buoyancy of a person immersed in water can be a great freedom for someone with mobility issues, injuries, or sensory impairments. And the beauty of an underwater environment can be very stimulating for someone with a cognitive impairment, brain injury, or other processing condition.
The Diveheart Foundation was founded in Early 2001 and is a non-profit tax exempt 501(c)(3) national organization chartered in the state of Illinois. The purpose of Diveheart is to provide and support educational SCUBA diving and snorkeling experiences to any child, adult, or veteran with a disability with the hope of providing both physical and psychological therapeutic value to that person. But Diveheart is much more than that. The experiences provided literally change the lives of those who try this exciting program.
You can help too. The Pepsi Refresh Grant program will fund a winning idea. Diveheart wants to take 8 veterans with injuries to Florida for a scuba and sailing experience that will help reintegrate them to their communities. You can help…text message 103556 to Pepsi (73774) and do it once a day.
For more about Diveheart go to http://www.diveheart.org/.
Question About Decomposed Granite as an Accessible Route Surface
Our presentations about the new ADA requirements in the three NRPA webinars in September generated a lot of questions. A good one came from California:
QUESTION (abbreviated for our newsletter): My question regards the use of decomposed granite for accessible surfaces. My understanding is that DG can be used but only if it is used in conjunction with a stabilizing binder to make it qualify as a firm, stable and slip-resistant surface. I’d like to find the specific code reference for this. I know this path could be done in cement or asphalt but I wanted to determine if DG with a binder would be an acceptable alternative and be able to provide the citation to back this.
I checked on the Access Board website but didn’t see anything that specifically addressed this issue. Any information you can provide on where I can find the federal legal citation on this would be helpful and appreciated. Thanks.
ANSWER (abbreviated for our newsletter): The reason you cannot find a citation is that one does not exist for decomposed granite. The US Access Board resists the notion of naming specific materials or products as it believes that somewhere, some day, a manufacturer will figure out how to bind sand or bind pebbles or bind decomposed granite.
Therefore some of the Access Board requirements tend to be a performance test. The Access Board has defined the terms “firm”, “stable”, and “slip resistant” though. You should contact them at 202/272-0080 for clarification of those terms.
As to the use of decomposed granite, I share your belief that it is an adequate surface but I would add that it must be well maintained frequently. How frequently would depend on variables such as your climate, precipitation, user load, and so forth. I would never say you could not use it, but I would say that about pebbles or grass or wood mulch.
If you are looking for a citation though I don’t think you’ll find one other than 302.1 of the 2010 Standards for Accessible Design. These were published September 14, 2010 in the Federal Register and should be the citation of choice over ADAAG. Although these become effective March 15, 2012, sites under development or construction today should be measured against this standard. See the advisory box to 302.1 for some more definition.
I also found this website and have pulled a couple of points off it for you. The notes below were found at http://www.eng-tips.com/viewthread.cfm?qid=251859&page=6
“Remember, the ADA is civil rights legislation. It's dimensional and design considerations have generally been codified by inclusion in building codes; however, claims under the ADA are not building code issues...they are accessible rights issues, with interpretation often exceeding the bounds of simple building code requirements.
"Gravel" as an ADA pathway surface is not preferred, for all of the reasons noted above. 3/4" minus is also too large an aggregate size to start with. That being said, crushed rock--there is a distinction between the two materials--specified at 3/8" minus, with added fines, laid down in 2-3" lifts and well compacted, can be just fine for casual pedestrian use and should be ADA compliant. Decomposed granite is a great material to use, if well maintained. But also consider your transitions onto and off of this surface, and the ongoing maintenance. It's got to be taken care of and raked and compacted on a regular basis to remove any ruts or soft spots that develop seasonally. The "hassle" is why so many folks just opt for asphalt.”
Finally, remember that sometimes smart practices are simpler to follow than trying to figure out the bare minimum requirements. Here is a good memo from the City of San Diego: http://www.sandiego.gov/engineering-cip/pdf/accessmemo04_04.pdf
Good luck!
Disclaimer
Nothing in this newsletter is legal advice. It is instead a relaying of decisions and information about the application of the Americans with Disabilities Act to public recreation. Readers interested in legal advice should seek a qualified attorney in your state that knows the ADA and can apply it to public parks and recreation.
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