March 2011
DOJ Issues Clarification of Effective Dates
Have you ever written a complex requirement or policy or proposal, only to find out that your target audience didn’t understand it? It has happened to me, and I imagine to you…and it happened to the Department of Justice too. The new 2010 Standards for Accessible Design include requirements for playgrounds, pools, golf courses, fitness centers, fishing areas, and boating areas. For new sites like that, the 2010 Standards are effective March 15, 2012.
But for existing sites, the 2010 Standards should be used now to evaluate those sites and develop a transition plan for which amenities at which sites will be retrofitted for access.
- So if you are planning a new playground, pool, fitness center, golf course, fishing area, or boating area where first use will occur after March 15, 2012, use the 2010 Standards.
- If you today have existing playgrounds, pools, fitness centers, golf courses, fishing areas, or boating areas use the 2010 Standards to evaluate these sites and identify access deficits, then put a plan together that describes which amenities at which sites will be corrected so that they become accessible.
Finally, don’t forget the policy issues we have discussed the last several months in this newsletter. Have an automated phone system? Don’t have a policy about service animals? Don’t have a policy about electronic power assisted mobility devices? Have sport or performance venues where the agency sells tickets? There are fixes or policies that must be in place by March 15, 2011…just a couple of weeks from now.
See the Department of Justice clarification at http://www.ada.gov/revised_effective_dates-2010.htm.
Chandler, AZ Community Services Department Aquatics Access Audits
The City of Chandler retained RAC to conduct access audits of its 6 swimming facilities, and make recommendations as to which should have access modifications planned and which should be left as is. RAC staff just finished the audits the last week of February and will report to the City in March. Sheri Passey, who oversees aquatics for the City, recognizes the need to comply with the ADA and more importantly, make aquatics available to her community.
What is a Knurled Door Lever?
The Illinois Accessibility Code requires knurled handles on door levers that lead to hazardous areas. In our Illinois projects, we always cite this and note that chemical rooms, mechanical rooms, filter rooms, and even custodial closets with chemicals in the closet should be treated this way.
One of our clients asked about this so we thought we’d share our answer with you.
Question: What is knurling…is it Braille?
Answer: It isn’t Braille. It is a knurled surface.
A knurled surface is a surface that has small knobs, beads, or a certain pattern to it to allow for better grip. When knurled by a machine, the wood is deformed and pushes the material rather than cutting it. This allows for a solid clean knurled surface. Read more: http://www.doityourself.com/stry/knurled-explanation#ixzz1DlEKTurf
Here is a link to knurled door levers (courtesy of a internet search engine): http://www.google.com/search?sourceid=navclient&ie=UTF-8&rlz=1T4TSHB_enUS274US276&q=knurled+door+levers. There are many others though, so shop around and find what you prefer!
California ABAG Risk Pool
The Association of Bay Area Governments (ABAG) Pooled Liability Assurance Network (PLAN) Corporation had RAC President John McGovern come to Colma, CA for an all day workshop on the new title II policy requirements, a brief review of the recreation program inclusion mandate, and the application of the 2010 Standards to new and existing sites and facilities.
We learn a lot when we do workshops, and this was no exception. For a great example of how to make the public aware of your disability supports and access commitment, see the bottom page of the link to Colma Parks and Recreation. It is simply titled Accessibility. Here is the Department website: http://www.colma.ca.gov/index.php?option=com_content&view=article&id=65&Itemid=82.
We all beg, borrow, and modify good ideas from each other. We’d urge you to consider this one too. Check it out!
Questions, We Get Questions…
Kathy Merner at Macon County Conservation District in Illinois asked a simple question on behalf of another person: Do all public pools need a swimming pool lift? Our answer is below…
Kathy, that’s a complex question.
All new pools (designed and built so first use occurs after March 15, 2012) with more than 300 linear feet of pool wall need either a lift or sloped entry that meets the section 1009 specs, and then a second entry that can also include lift, sloped entry, pool stairs, transfer walls, or transfer systems. As a smart practice, if a lift is used, don’t use another lift for the second means of water access. That said, a 300+ pool can have two lifts.
All existing pools with more than 300 linear feet of pool wall may need the same…either a lift or sloped entry that meets the specs, and then a second entry that can also include lift, sloped entry, pool stairs, transfer walls, or transfer systems. Why “may”? Under the DOJ program access test, a jurisdiction with 3 swimming pools may decide (and be in compliance) to make only 1 pool compliant. Or a large jurisdiction with 18 swimming pools may decide to make 6 accessible and leave the rest as is.
Another jurisdiction with only one existing pool (with more than 300 linear feet of pool wall) however has only one choice: make that pool accessible, with either a lift or sloped entry that meets the specs, and then a second entry that can also include lift, sloped entry, pool stairs, transfer walls, or transfer systems.
This is a case-by-case test though…what works for one community with 18 pools may not work for another community with 18 pools.
The way we describe this is that this is a mandate for new pools, and a planning exercise that retrofits existing pools.
Quincy Park District
The Quincy Park District in Quincy, IL has retained RAC for the mandated 35.105 a system-wide access audit of parks and facilities. Dan Gibble, the Park District Director and Ed Seger, the Park District contact for this project, want to know where the access deficits are and have a plan to fix it when funds are available. We think that’s the right way to approach this, with the deadline for evaluations and plan development only 54 weeks away on March 15, 2012.
Fishing Piers
A landscape architect asked us about fishing piers, as the local code agency was insisting that pier railings should all be at 42” above the deck. That just happens to be the perfect height to block the view of a person using a wheelchair.
We are sensitive to safety, and are supportive of solutions to real risk, not perceived risk. A fishing pier is not a workplace. The 42” height that is often cited is an OSHA requirement. Access Board and OSHA staff discussed this in the late 90’s or early 2000’s and reached agreement on this.
The 2010 Standards for Accessible Design are pretty clear on the height of railings. Section 1005.2.1 notes that where railings are provided, at least 25% shall be a maximum of 34” above the ground or deck surface. The 2010 Standards also refer to the International Building Code so that if a site has real risk issues, a higher rail can be required. We would suggest that IBC 1003.2.12.1 is useful only where there is a history of risk. Otherwise, the 34” height should not be trumped by a perception of safety issues.
IBC 1003.2.12.1 Height
Where railings, guards, or handrails are provided on a fishing pier or platform, at least 25 percent of the rails must be 34 inches or less in height above the ground or deck so a person using a wheelchair or other mobility device has the opportunity to fish. However, guardrails may be higher than 34 inches if the higher portion meets all the requirements of the International Building Code. (See 2000 International Building Code, below.) This will allow a design professional to increase the guardrail height if a specific location needs enhanced safety measures or a local building code applies.
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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