Big Day This Month!
March 15, 2011 was a normal day in many respects, but not in the world of recreation and access. The new amended US Department of Justice regulations became effective March 15, 2011. The more than 86,000 units of state and local governments, and 7,000,000 businesses and nonprofits, are subject to the new regulations. See 28 CFR Part 35 for the local government requirements, and 28 CFR Part 36 for the business and nonprofit requirements.
Little Tikes Gets It!
Little Tikes playground equipment features compliant ground and elevated play components as well as creative designs. RAC President John McGovern was asked to speak at the annual sales meeting February 21 in Tucson. The crowd of more than 100 heard about the playground requirements in the 2010 Standards for Accessible Design, and discussed strategies for the analysis of existing playgrounds for both title II and title III entities. Special thanks to Lloyd Reese for the invitation.
Genoa Park District
The Genoa Park District in Genoa, IL has retained RAC for the mandated 35.105 system-wide access audit of parks and facilities. Paul Bafia, the Park District Executive Director, wants to know where the access deficits are and have a plan to fix it when funds are available. With the deadline for evaluations and plan development only 50 weeks away on March 15, 2012, that’s the right way to do it.
More About Personal Assistive Motorized Devices
Undoubtedly one of the most talked about new ADA requirements is in regards to the use of power driven mobility devices by people with disabilities. American Trails has a good analysis at this link: http://www.americantrails.org/resources/accessible/power-mobility-questions-answers.html.
Another analysis is found at the United Four Wheel Drive Association website at this link: http://www.ufwda.org/smf/index.php?topic=3365.0.
We urge prompt, careful, and thorough discussion of these issues. In our opinion, it is unlikely that trails will become clogged with people who claim to have a disability, in the ruse that they can then use a 4 x 4 on a trail. Will it happen somewhere? Yes. Will most users indeed be people with disabilities who need these devices to see the great outdoors? Yes.
If your agency is struggling to decide how to address this issue, convene a committee of staff, policy-makers, and people with disabilities who use mobility devices. Follow the Department of Justice prompts in the section-by-section analysis in title II section 35.137 and title III 36.311.
WPRA Spring Workshop
RAC President John McGovern spoke on Thursday, March 24 at the Wisconsin Parks and Recreation Association spring workshop in The Dells, WI. The workshop covered the new policy and program requirements in title II, as well as the 2010 Standards for Accessible Design.
Shelley Says
SIGNS, SIGNS, EVERYWHERE THERE’S SIGNS…
This is an area where we see great inconsistency within park systems, and even within single sites. There are several different types of signs that must be addressed within a site. One is a sign that designates permanent rooms and spaces, and the other is a sign that provides direction and information. Others include means of egress signs, parking signs, and entry signage. For duplicated elements at a site, such as entries or same-gender restrooms; if one is not accessible, signage must be provided directing patrons to the accessible element.
For signs at permanent spaces, both visual and raised characters are required, including Braille symbols. The Braille must be underneath the corresponding text, and if multi-lined, underneath the entire text. For informational signage only visual characters are required. Visual character specifications can be found in section 703.5 in the 2010 Standards for Accessible Design.
Other factors are the mounting position and height of the sign. Signs must be on the wall (not the door), and at the latch side of the door, 60” aff to the middle of the sign. If there is Braille, you should be able to come within 3” of the sign without obstruction. In addition, consider the sign surface…the letters must contrast with their background, and the surface itself must be non-glare. Many times an individual with low vision will have difficulty reading a sign that is mounted on a glass surface.
For the complete details regarding the signage requirements, go to Section 703 of the 2010 Standards. We at RAC remind you that your state access code may also address signs, and whichever is more stringent must be followed at your sites and facilities.
We strongly recommend that your agency develop a signage template to address the types of signs, the information that the agency wants included (logo, name, phone number), mounting height and location, sign material, and so forth, and utilize that template whenever refreshing or adding signage to a District site.
NRPA Webinars…Part II
In the fall of 2010, RAC President John McGovern conducted three webinars for NRPA on the new title II requirements. These averaged 250 people each and at NRPA’s request, will be scheduled again for sometime this spring. Look for announcements at www.nrpa.org and in our next newsletter.
New Face at RAC
Ben Kutscheid, a landscape architect of some renown, joined RAC on March 20. Ben has a high IQ on access issues, and will serve as a Project Coordinator for RAC. Please make him feel welcome to our team.
Lake Bluff Park District
The Lake Bluff Park District in Lake Bluff, IL has retained RAC for the mandated 35.105 system-wide access audit of parks and facilities. Ron Salski, the Park District Executive Director, and the Board of Park Commissioners are embarking on strategic plan development and an access audit is the perfect place to start. We’ll try a slightly different approach with the District, using a District employee to complement our own staff. This will build the capacity of the District to manage access after we complete the audit.
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.