December 2010
Champaign and Urbana Park Districts Retain RAC for Mandated Access Audits
The Champaign and Urbana Park Districts in Illinois retained RAC for the mandated 35.105 access audit. The agreement is through the special recreation arm of these two districts, the Champaign Urbana Special Recreation or CUSR. “We want to do this right and have all of the sites within the two park districts fully evaluated” said Dawn Schaefer, CUSR Director. RAC started facility audits December 14. The two districts have 23 buildings so we will busy with those sites while we wait for a ray of sunshine so we can head outside for park audits.
ANPRM on Accessible Golf Carts and Accessible Exercise Equipment
Public hearings on Accessible Golf Cars and Accessible Exercise Equipment were held in Chicago in November and Washington, D.C. One more is scheduled for January 10, 2011 in San Francisco. If you have comment and didn’t attend, please do so. It is important that DOJ hears from public parks and recreation agencies. Go to this link to comment electronically at http://www.ada.gov/anprm2010/equipment_anprm_2010.htm.
Questions 12 and 13 and then 14 and 15 are the ones of interest to us. 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. Comments should be received by January 24, 2011.
Fauquier County VA
Fauquier County Parks and Recreation Department in Virginia retained RAC for an all day training of staff regarding how to conduct an access audit. Held on December 8, the training also included an update regarding the 2010 Standards and how these mesh with the title II program access test. The day with staff was followed by a presentation to the County that included the Disability Services Board, the County attorney, several members of the Parks and Recreation Board, and others interested in this issue.
Congratulations to Larry Miller at the Department for his forward-thinking approach to the critical issue of conducting access audits.
Training Events
President John McGovern has spoken twice this month at training events. On December 9 in Herndon, VA McGovern talked to an audience of about 80 parks and recreation professionals and vendors regarding the new title II policy requirements, the program access test, and the 2010 Standards for Accessible Design.
McGovern covered the same territory on December 10 in College Park, MD for the Prince George’s County Parks and Recreation Department leadership staff, with a bit more emphasis on title II and less on the 2010 Standards.
Need a speaker for a staff meeting, state conference, or other event? McGovern enjoys talking about the new title II requirements and parks and recreation agencies, and the 2010 Standards for Accessible Design. Contact him at john.mcgovern@rac-llc.com.
Sycamore Park District Retains RAC for Mandated Access Audits and Voluntary Transition Plan
The Sycamore Park District in Illinois retained RAC for the mandated 35.105 access audit and the development of a voluntary transition plan. Dave Peek, the Park District Executive Director, said “We know we must complete this and doing so will help us plan for the future”. RAC started park and facility audits in early December.
Less Than Three Months from Now…
Depending on when you read this, in less than 3 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, such as a miniature horse?
- 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 requirements 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.
Shelley Says (Shelley Zuniga is the Project Manager at RAC and the resource inside our shop for technical requirement questions)
Why aren’t my pool stairs compliant? Good question, easy answer, not so easy to fix. Pool stairs must comply with the same guidelines as any other stairway in your facilities, but with a few exceptions. The tread depth must be 11” minimum and consistent, however the riser height does not have to follow the 4” to 7” rule, but they must be uniform – therefore, if the overflow lip at the pool is being considered as one of the steps, the remaining built steps must be the same height. This is typically where we see the failure to comply, the first step may be 4” but by the time the bottom step is in, it may be 9” or greater. The other guideline for pool stairs is for handrails. While the mounting height is not specified, the width between the handrails is specified and it is 20” minimum and 24” maximum. While this is achievable in a built in step system, it is literally impossible to find in a drop-in stairway. We believe the Access Board has leaned towards the built in steps as a stable and permanent access point. Removable stairs are just that – removable, and may not always be installed and available for a patrons use.
While it may not be feasible to correct riser heights in an existing pool, many of the wider pool steps can be modified by adding that second handrail at the 20” to 24” distance from the existing handrail. Keep in mind that first and foremost, you must have 2 means of entry into any pool with greater than 300 linear feet of wall with one being a pool lift or a sloped entry.
Do remember that pool stairs are just one of the ways in which water access can be provided. The others are pool lifts, sloped entries, transfer walls, and transfer systems.
In Memory of Scott R. Triphahn
Many of you reading this knew my friend and business partner Scott Triphahn. Scott talked me into leaving a career as a public servant in local government and starting this firm with him in 2008. We were friends before we were partners and he was a remarkable man.
Scott passed away on December 21 after a battle with stomach cancer for almost 3 years. He was an elected park district commissioner and a great advocate for parks and recreation for all, including people with disabilities. I ask you to send your thoughts and prayers to his wife Sue, his sons Troy and Ryan and his daughter Jackie, and his brothers Steve and Jon and their families, and everyone else he touched. How many did he touch, you ask? About 1,000 people turned out December 23 for the visitation for Scott.
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.