U.S. Access Board adopts recreation facility accessibility guidelines.

How can a parks and recreation agency make certain that newly constructed swimming pools are accessible to people with disabilities? There are some obvious solutions, but until recently, no one could be certain that a solution was the lawful way to provide access. Soon there will be an answer.

The Americans with Disabilities Act (ADA) requires that all new construction, including pools, sports facilities, golf courses, miniature golf courses, boating and fishing areas, and amusement parks, comply with federal guidelines for accessibility. But these guidelines were not created when ADA was enacted. In March, however, the U.S. Access Board approved minimum accessibility guidelines for pools and the other types of recreation sites mentioned above. Now in final review at the U.S. Office of Management and Budget, publication of the final rules is expected this summer.

Evolution of Design Guidelines

In 1993 the U.S. Access Board appointed a federal advisory committee, made up of representatives from NRPA, the American Society for Testing and Materials (ASTM), the American Society of Landscape Architects (ASLA), several disability advocacy groups, and federal agencies that manage recreation land or sites (such as the National Park Service, U.S. Forest Service and Army Corps of Engineers). The Access Board appointed the NRPA representative as Chair of the Committee. The Committee, known as the Recreation Access Advisory Committee, worked for more than a year and provided a 200-page report with recommendations to the Access Board.

The Committee's recommendations were in six areas: playgrounds, sport facilities, golf courses, amusement parks, recreational boating and fishing areas, and outdoor recreation areas (beaches, campsites, picnic areas, trails, ski areas and scenic overlooks). Common issues addressed included accessible routes within the recreation sites; unique issues included getting from the deck into the water of a swimming pool. At the end of the Committee's term, the National Center on Accessibility was asked to research swimming pool access. NRPA was involved in that project as well. The Access Board reviewed the public comment in reaction to the publication of the Recreation Access Advisory Committee report.

In the end, the Access Board felt that the initial work was sufficient to develop minimum accessibility guidelines for sports facilities, golf courses, amusement parks, and recreational boating and fishing areas. However, two other areas, playgrounds and outdoor recreation areas, would need a different approach.

What is a Reg Neg Committee?

The Access Board appointed the Play Areas Regulatory Negotiation Committee in 1996. A "Reg Neg" committee operates differently from other federal advisory committees. First, there is no committee Chair. Instead, a mediator is hired to facilitate the consensus process. A Reg Neg committee includes representatives from organizations affected by the subject (in this instance, playgrounds) and others who negotiate a consensus guideline. This Reg Neg committee included NRPA, ASTM, ASLA, the National Society of Elementary School Principals, the National PTA, the National Spina Bifida Association, the Association of People with Severe Disabilities, the International Playground Equipment Manufacturers Association, and other groups with a consumer or management interest in playgrounds. This committee met over two years and developed a consensus guideline.

After the Access Board's rulemaking process, it published the consensus guidelines in October 2000 in the Federal Register. It is the current, final word on playground design.

In 1997, the Access Board appointed another Reg Neg committee, again with NRPA representation, to address outdoor recreation areas that are developed, such as campsites, picnic areas, beaches and trails. That committee finished its work and the Access Board continues to work on those guidelines.

Recreation Guidelines

The Access Board staff and Board members continued to refine the recreation guidelines for golf, sport facilities, pools, boating and fishing areas, and amusement parks. A Notice of Proposed Rulemaking was published in the Federal Register on July 9, 1999. Public hearings were held in Dallas and Boston, and the Access Board also made site visits to gather information. After extensive consideration of public comment, the Board reached decisions about the guideline. With one more review by the U.S. Office of Management and Budget, this guideline should be final by the end of July 2002.

Laura Kelly, executive director of the Kansas Recreation and Park Association, says it's about time. "We have calls from Lawrence to Topeka to Manhattan, from KRPA members who want to make sites accessible but don't know which guideline to follow. This is a great help."

"This is great news," added Steve Mead, director of parks and recreation in San Clemente, Calif. "Our community wants accessibility and we have done what we could over time to address this issue. These guidelines now give us the final word."

NRPA will continue to follow the development and issuance of access guidelines for recreation areas and facilities. These guidelines help NRPA members make certain that the benefits of parks and recreation are available to every member of the community. "We know that NRPA members want specifics about the guidelines. At the National Institute for Recreation Inclusion in Las Vegas in September, we'll have sessions on this subject, featuring staff from the Access Board," said John Chambers, manager of sports for the Las Vegas Parks and Recreation Department, and the co-chair of the 2002 NIRI conference.

To learn more about National Institute for Recreation Inclusion in Las Vegas, contact Laura Heyer, the National Therapeutic Recreation Society Administrative Assistant at 703-858-2185 or email her at [e-mail]. To get a copy of the Access Board recreation guidelines once they are published, visit the Access Board Web site at www.access-board.gov or call 202-272-0017.

What is the U.S. Access Board?

The U.S. Access Board is a very small federal agency. Formerly the U.S. Architectural and Transportation Barriers Compliance Board, it was created after the passage of the 1973 Rehabilitation Act, which, among other things, prohibited recipients of federal funds from discriminating on the basis of disability. By 1992, when the ADA became effective, the Access Board became responsible for developing minimum accessibility guidelines for facilities and areas covered by the ADA. The Access Board addresses only the built environment, not the programs that are conducted within built or developed structures and areas.

Sneak Preview of the New Guidelines

[index] Newly-constructed large swimming pools need two means of access (one of which must be a lift or sloped entry) from the deck into the water;

[index] Newly-constructed golf courses, where a hole has two tee boxes, must have at least one connected with an accessible route and be relatively flat and accessible to golfers with disabilities;

[index] Newly-constructed miniature golf courses must have half of the holes accessible to and playable by people with disabilities. What's more, accessible holes must be consecutive;

[index] Newly-constructed docks that craft can tie to need a percentage of slips with a minimum width and slope requirement, permitting use by boaters with disabilities;

[index] Newly-constructed fishing piers must have 25% of railings be 34" above the ground or deck, and dispersed throughout the fishing facility;

[index] Newly-constructed amusement parks must have fixed rides that include a wheelchair space. They must also have a ride seat designated for transfer, or a system to facilitate the easy transfer of a person in a wheelchair from the load area to a ride seat;

[index] In a much-needed clarification of conflicting administrative decisions and guidelines, the Access Board is not requiring an accessible route to the top of a water slide.

John McGovern is the executive director of the Northern Suburban Special Recreation Association in Northbrook, Ill., a partnership of 12 local governments that provides recreation programs for people with disabilities. He writes and speaks about the ADA frequently and has represented NRPA on the various Access Board Committees, including service as chair of the first advisory committee. "People with disabilities derive great benefit from recreation, but if they can't get into our facilities and parks we have failed a growing segment of our community. The sooner we make our facilities and parks accessible, the faster people with disabilities will discover the benefits of recreation," said McGovern. Learn about the new access guidelines in McGovern's article, "U.S. Access Board Adopts Recreation Facility Accessibility Guidelines" on page 44.