NRPA Congress is Right Around the Corner!
The National Recreation and Parks Association 2010 Congress is set for Minneapolis in just a bit more than a week from now. Visit Recreation Accessibility Consultants LLC at booth 1750 and enter a raffle to win an I-Pad!
RAC President John McGovern is presenting two sessions at Congress. The first is Wednesday at 3:45 pm and is in regards to accessible playground surfaces. The second is Thursday at 3:45 pm and is in regards to conflict resolution about access and inclusion issues. See you in Minneapolis!
New ANSI Committee to Address Single Rider Golf Car Safety
There are two national voluntary standards setting agencies…the American Society for Testing and Materials (ASTM) and the American National Standards Institute (ANSI). ASTM has established safety standards regarding playground equipment and also in regard to the characteristics of accessible playground surfaces. ANSI established, decades ago, the first access requirements and now ANSI turns its attention to safety standards for single rider golf cars, also known as accessible golf cars.
Mobility Golf applied for and was granted status by ANSI as a standards developing entity. Mobility Golf then put together a committee representing four categories affected by this standard: single rider golf car manufacturers, golfers with disabilities, golf course owners and operators, and persons with a general interest in this subject. RAC President John McGovern serves in that last category and has been chosen to chair this committee.
The Committee met October 6 in Chicago and will hold several subsequent meetings by phone this fall. The work of the Committee will be parallel to the Z-130 safety standard for typical two-seat golf cars. This effort occurs at the same time the Department of Justice is considering imposing requirements on golf courses regarding single rider golf cars.
To learn more about Mobility Golf and this effort visit http://www.mobilitygolf.com
To see the DOJ Advance Notice of Proposed Rulemaking, look for questions 14 and 15 and go to http://www.ada.gov/anprm2010/equipment_anprm_2010.htm.
This continues to be important because DOJ is, when investigating complaints about inaccessible golf courses, requiring accessible golf cars. See a complaint against the City of Fort Meyers at http://www.ada.gov/ft_myers_pca/fort_myers_attk.htm. See item 14.8 of the settlement. It says, in very clear language:
Golf Carts: Although there are golf carts for public use at this facility, none are accessible to persons who use wheelchairs.
Questions? Ideas? Feedback? Please reach John McGovern at
john.mcgovern@rac-llc.com.
The 2010 Standards for Accessible Design
As you know from last month, and from probably 1 of every 50 emails this last month, 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. It is now on the US Access Board website at this link: http://www.access-board.gov/ada-aba/ada-standards-doj.cfm
Get your electronic copy while they are fresh!
Five Short Months from Now…
Depending on when you read this, in about 5 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.
Final Reports with Park District Clients and the PARC Program
This past month we delivered four final reports to Illinois park district clients. It was exciting at the hand-off to hear their plans to use some of the final report recommendations in applications to the State of Illinois for the Park and Recreation Construction grants. One of the key eligibility criterion is using PARC funds to make recreation accessibility occur, pursuant to the 2010 Standards. For more information reach out to the Illinois Department of Natural Resources.
If RAC can help, just call John McGovern at 224/293-6451.
IPRA Webinars
RAC President John McGovern conducted three September webinars for NRPA, and followed those this month with three webinars for the Illinois Park and Recreation Association (IPRA). October 5 was a review of the policy issues that become effective March 15, 2011. October 12 was a review of the sports fields, golf, and playgrounds requirements. And October 19 will review fitness areas, fishing areas, boating areas, and aquatics areas. For more information reach Heather at heather@ilipra.org.
Shelley Says…
Project Manager Shelley Zuniga knows the ins-and-outs of the accessibility requirements better than most…probably better than McGovern! Here is her thought for this month.
What is actually required of an accessible parking stall? Why do some have just a sign, and some have the painted icon on the pavement?
Good questions, and here are the answers.
Here in Illinois the dimensions of a universal accessible stall are 8’ wide with an adjacent 8’ access aisle. With the universal stall the access aisle may be on either side, but per the Illinois Accessibility Code (IAC) the access aisle cannot be shared. This is different than the federal requirement, where sharing is permitted.
An acceptable Illinois alternate is an 11’ stall with a 5’ access aisle. This is considered a van accessible stall, therefore the access aisle must be on the passenger side, and can’t be shared. In addition, the slope of the stall and access aisle cannot be greater than 2% in any direction. The designation signage must be the R-7 sign with the blue access icon and the correct fine signage - $250 for Illinois unless your city or village has mandated a higher amount. The US Department of Justice requires that you also have at least one stall with a van accessible sign as well. The sign must be mounted at 60” to the bottom of the lowest sign and posted not more that 5’ from the front of the stall.
While some have the blue icon painted in the stall, this is not a requirement per IAC or ADAAG and is best described as an option. We recommend that you create a parking template based on the guidelines, and check all of the requirements with your own city or village ordinances for more stringent standards.
National Institute on Recreation Inclusion (NIRI)
Don’t forget that the NRPA NIRI conference is coming up in 3 weeks. November 8 to 10 in Schaumburg, Illinois will feature the best speakers in the world on access and inclusion. And, with the new regulations out, you’ll undoubtedly want to hear from the US Access Board and the US Department of Justice, and both are scheduled to speak.
If you have not yet registered go to this link and do so quickly: http://ipv.nrpa.org/PUBLIC/Core/Events/eventdetails.aspx?iKey=NIRI10
Question About Miniature Golf
A colleague at a county parks and recreation agency emailed and asked about miniature golf. The question is a good one and we thought you’d like to see the exchange.
Question: The mini-golf course at our main park was built in the 70's and is for all intents and purposes inaccessible for strollers, walkers, wheelchairs, clumsy people like me, etc. The new regs say that 50% of holes must be accessible. We currently have 2 18 hole courses adjacent to each other and are considering a plan which will replace the current course, in the same footprint, with 2 courses in which the first 9 of each will meet the new standards and they will actually be connected so that an individual with a mobility issue would still have access to 18 holes, just not the same 18 as an ambulatory person. Is this the right direction to be heading? I have been charged with writing grants to fund this project so I want to make sure we are on the right track. Our local governing body (County Commissioners) is unwilling/unable in the current economy to give any money for the project, we have tried the past 3 budget cycles to get money to rehab the course. If you have any information which will help me in my endeavors I would greatly appreciate it. Also, if you have any insight into whether the rehab would need to be complete by 3/15/2012 or just show that we are working on it. Thanks for your assistance!
Answer: Your plan for the course reconstruction sounds good. Continue that!
As to March 15, 2012, what you must have in place by then is an access audit of the current site and/or a plan to replace the site. It sounds as if you have a plan. The plan has to show some evidence of succeeding or in the event of a complaint, the County could in theory be forced to retrofit one of the current 18 hole courses.
DOJ is enforcing the recreation guidelines. In a recent complaint against the City of Fort Meyers in Florida, it required compliance with 1991 Standards at a golf course, and has done so regarding golf in other complaints. So your plan regarding miniature golf is really important. Remember that the Project Civic Access settlements are just that, a settlement, a compromise. But they certainly do give the careful reader a sense of what DOJ thinks. Go to: http://www.ada.gov/ft_myers_pca/fort_myers_attk.htm.
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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