Federal Register Publishes New Regulations…and New Effective Dates
If a tree falls in the forest but no one is there to hear it, does it make any noise? If a federal regulation is adopted but not published in the Federal Register, is it effective?
Well we don’t need to find out because on September 14, 2010 the Federal Register published the new title II regulation and the new title III regulation. It also published the 2010 Standards for Accessible Design as Appendix B to the title III regulation.
That means the policy provisions in title II and title III are effective 6 months later, on March 15, 2010. It also means the 2010 Standards for accessible design apply to new construction and alterations 18 months later, on March 15, 2012.
Go to www.ada.gov for the title II regulation, the title III regulation, and the 2010 Standards.
Lombard Park District
The Park District has retained Recreation Accessibility Consultants LLC to conduct a system-wide access audit and RAC staff began the work this month. This audit is in response to the newly issued regulations for the Americans with Disabilities Act (ADA). The ADA requires the Park District to make “opportunities” it provides available and accessible to people with disabilities. These opportunities might include playing at a playground, golfing at Western Acres, playing at Waterspray Park, swimming at Paradise Bay, or using a sports field at one of Lombard’s many parks. Paul Friedrichs, Park District Executive Director, said “We know the access audit is important and with the new regulations, we want to make sure we make all of our recreation opportunities available to every Lombard resident.”
Questions…we Get Questions!
A large suburban parks and recreation agency has done the right thing…it completed an access audit and has a transition plan for how, when, and where it will complete work. That said, there are certainly still some gray areas. The agency asked us to meet with them regarding a number of questions, including how many trash cans, how many picnic tables, and how many benches at any one site must be made accessible. Our short answer was that pursuant to the most recent federal final guideline by the US Access Board for outdoor developed recreation areas and amenities such as those named, that 1 of 5, or a minimum of 1, is the standard. This is different than 5 years ago, where we would have answered 1 of 2 or a minimum of 1. So think about it…trash cans, benches, picnic tables, dog waste plastic bag dispensers, and the other site amenities of a comparable nature…aim for 20% until we receive more guidance from the federal agencies.
NRPA Webinars
The NRPA webinars have been a smashing success. More than 220 people attended the September 2 webinar, which was an overview of the key policy issues in the new title II regulation. More than 250 people attended the September 16 webinar, which reviewed the portions of the 2010 Standards for Accessible Design that apply to playgrounds, sports fields, and golf courses. It is not too late to register for the final webinar, which will review fitness facilities, boating areas, fishing areas, and aquatics facilities, on September 30. Go to www.nrpa.org.
Interested in webinars or training on these subjects for your own agency staff? Contact John McGovern at john.mcgovern@rac-llc.com.
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 an accessible route (AR) through a playground? This question sparks debate everywhere. An AR through the ground level play components (GLPC) shall be 60” wide (1008.2.4) with the exception of play areas less than 1000 square feet. Those play areas shall have a minimum of 44” clear width as long as there are turning spaces. The AR must also meet slope requirements of a maximum 5% running slope and 2% cross slope. This requirement is difficult to meet when using engineered wood fiber (EWF) but that is a discussion for another time. Doors and gates to enter a play area must meet the width (32”) and operable part standards which require that the hardware be operable without a tight pinch or grasp, mounted 38” to 48” aff.
The part of a ground level AR that is typically missed is the required 80” overhead clearance (1008.2). Too often when auditing a play area we see a number of play components installed under the platforms of a composite structure. While these are great for general play, they cannot be counted as an accessible GLPC. So, when planning a new playground that will not have a ramp (and that’s the subject of another discussion), be sure that when applying the incentive scoping table (240.2.1.2) for GLPC’s that those ground level play components elements that are without overhead clearance are not counted as accessible.
Hazel Crest Park District
The Park District has retained Recreation Accessibility Consultants LLC to conduct a system-wide access audit and to develop a transition plan. RAC staff began the work this month. Joseph Bertrand, Park District Executive Director, said “We want the access audit and transition plan as the base for our long range plan. We are a small district, so we know we don’t have to have the transition plan. But we have to have a plan to make the changes we need due to the access audit, so let’s do it right for every Hazel Crest resident.”
National Institute on Recreation Inclusion
Don’t forget that the NRPA NIRI conference is coming up in 7 weeks. On November 8 to 10, in Schaumburg, Illinois NIRI 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.
Aquatics International Interview
RAC President John McGovern was interviewed about the new accessibility requirements for Aquatics International, the premier magazine for the aquatics industry. Look for the brief article soon.
Speaking at the Illinois Municipal League Conference…
RAC President John McGovern speaks Saturday, September 25 at the Illinois Municipal League Conference in Chicago. He’ll talk about the new title II regulation and its impact in 6 months on municipal policies, and its impact in 18 months on municipal sites and facilities. Do you have a conference in 2011 and would you like to know more about the new title II and the 2010 Standards? Call John McGovern at 224/293-6451 or email him at john.mcgovern@rac-llc.com.
Words from the Speaker of the House!
Everyone reading this knows the benefits of parks and recreation. But it is important when high-ranking federal officials announce their awareness of those benefits as well. Recently, Speaker of the House Nancy Pelosi, a California Democrat, said “Recreation is essential to our sanity. To 'recreate' is to 're-create' our energy, our spirit, and our friendship.” Now that’s a sentiment we can all agree on, whether Independent, Republican, or Democrat!
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.