[Federal Register Volume 63, Number 83 (Thursday, April 30, 1998)]
[Proposed Rules]
[Pages 24080-24096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11283]
[[Page 24079]]
_______________________________________________________________________
Part VIII
Architectural and Transportation Barriers Compliance
_______________________________________________________________________
36 CFR Part 1191
Americans with Disabilities Act Accessibility Guidelines; Play Areas;
Proposed Rule
Federal Register / Vol. 63, No. 83 / Thursday, April 30, 1998 /
Proposed Rules
[[Page 24080]]
ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD
36 CFR Part 1191
[Docket No. 98-2]
RIN 3014-AA21
Americans With Disabilities Act Accessibility Guidelines; Play
Areas
AGENCY: Architectural and Transportation Barriers Compliance Board.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Architectural and Transportation Barriers Compliance Board
(Access Board) proposes to amend the Americans with Disabilities Act
Accessibility Guidelines (ADAAG) by adding a special application
section for play areas. The section was developed by a regulatory
negotiation committee composed of persons who represent interests
affected by accessibility guidelines for play areas. The section would
ensure that newly constructed and altered play areas are readily
accessible to and usable by children with disabilities.
DATES: Comments should be received by July 29, 1998.
The Access Board will hold a public hearing on the proposed
guidelines on Wednesday, June 3, 1998 from 8:30 a.m. to 5:30 p.m.
ADDRESSES: Comments should be sent to the Office of Technical and
Information Services, Architectural and Transportation Barriers
Compliance Board, 1331 F Street NW., suite 1000, Washington, DC 20004-
1111. Fax number (202) 272-5447. To facilitate posting comments on the
Board's Internet site, commenters are requested to submit comments in
electronic format, preferably as a Word or WordPerfect file, either by
e-mail or on disk. Comments sent by e-mail will be considered only if
they include the full name and address of the sender in the text. E-
mail comments should be sent to play@access-board.gov. Comments will be
available for inspection at the above address from 9:00 a.m. to 5:00
p.m. on regular business days.
The public hearing will be held at the Westin Hotel, 1672 Lawrence
Street in Denver, Colorado. Interested members of the public may
contact the Board at (202) 272-5434 ext. 18 or (202) 272-5449 (TTY) to
preregister to give testimony or may register on the day of the
hearing.
FOR FURTHER INFORMATION CONTACT: Peggy Greenwell, Office of Technical
and Information Services, Architectural and Transportation Barriers
Compliance Board, 1331 F Street, NW., suite 1000, Washington, DC,
20004-1111. Telephone number (202) 272-5434 extension 34 (Voice); (202)
272-5449 (TTY). E-mail address: greenwell@access-board.gov.
SUPPLEMENTARY INFORMATION:
Availability of Copies and Electronic Access
Single copies of this publication may be obtained at no cost by
calling the Access Board's automated publications order line (202) 272-
5434, by pressing 1 on the telephone keypad, then 1 again, and
requesting publication S-35 (Play Areas Notice of Proposed Rulemaking).
Persons using a TTY should call (202) 272-5449. Please record a name,
address, telephone number and request publication S-35. This document
is available in alternate formats upon request. Persons who want a copy
in an alternate format should specify the type of format (cassette
tape, Braille, large print, or computer disk). This document is also
available on the Board's Internet site (http://www.access-board.gov/
rules/playfac.htm).
Background
The Architectural and Transportation Barriers Compliance Board
(Access Board) is responsible for developing accessibility guidelines
under the Americans with Disabilities Act of 1990 (ADA) to ensure that
new construction and alterations of facilities covered by titles II and
III of the ADA are readily accessible to and usable by individuals with
disabilities.1 The Access Board initially issued the
Americans with Disabilities Act Accessibility Guidelines (ADAAG) in
1991 (36 CFR part 1191, Appendix A). ADAAG consists of general sections
(ADAAG 1 to 4) that apply to all types of buildings and facilities, and
special application sections (ADAAG 5 to 12) that contain additional
requirements for certain types of buildings.2
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\1\ The Americans with Disabilities Act (42 U.S.C. 12101 et
seq.) is a comprehensive civil rights law which prohibits
discrimination on the basis of disability. Titles II and III of the
ADA require, among other things, that newly constructed and altered
State and local government buildings, places of public
accommodation, and commercial facilities be readily accessible to
and usable by individuals with disabilities.
The Access Board is an independent Federal agency established by
section 502 of the Rehabilitation Act (29 U.S.C. 792) whose primary
mission is to promote accessibility for individuals with
disabilities. The Access Board consists of 25 members. Thirteen are
appointed by the President from among the public, a majority of who
are required to be individuals with disabilities. The other twelve
are heads of the following Federal agencies or their designees whose
positions are Executive Level IV or above: The departments of Health
and Human Services, Education, Transportation, Housing and Urban
Development, Labor, Interior, Defense, Justice, Veterans Affairs,
and Commerce; General Services Administration; and United States
Postal Service.
\2\ The special application sections cover the following
buildings and facilities: restaurants and cafeterias (ADAAG 5);
medical care facilities (ADAAG 6); business, mercantile and civic
(ADAAG 7); libraries (ADAAG 8); transient lodging (ADAAG 9);
transportation facilities (ADAAG 10); judicial, legislative, and
regulatory facilities (ADAAG 11); and detention and correctional
facilities (ADAAG 12).
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Under the ADA, the Department of Justice is responsible for issuing
regulations to implement titles II and III of the Act. The regulations
issued by the Department of Justice must include accessibility
standards for newly constructed and altered facilities covered by
titles II and III of the ADA. The standards must be consistent with the
accessibility guidelines issued by the Access Board. The Department of
Justice has adopted ADAAG as the Standard for Accessible Design for
title III of the ADA. (28 CFR part 36, Appendix A).3
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\3\ The Department of Justice's regulations currently include
ADAAG 1 to 10. State and local governments currently have the option
of using ADAAG or an earlier standard, the Uniform Federal
Accessibility Standards (UFAS), when constructing or altering
facilities under the Department of Justice regulations for title II
of the ADA. (28 CFR 35.151(c)). The Department of Justice has issued
a notice of proposed rulemaking to eliminate this option. 59 FR
31808 (June 20, 1994).
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Titles II and III of the ADA cover a wide variety of recreation
facilities such as boating and fishing facilities, golf courses, parks,
places of amusement, play areas, sports facilities, and trails. Newly
constructed and altered recreation facilities are required to comply
with ADAAG, as adopted by the Department of Justice as the Standards
for Accessible Design, where the provisions can be applied. For
example, parking areas, entrances, and toilet rooms that are part of
newly constructed and altered recreation facilities must comply with
ADAAG. Some recreation facilities have unique features for which
additional provisions and special application sections need to be
developed. The Access Board convened a Recreation Access Advisory
Committee (RAAC) in July 1993 as the first step in developing the
additional provisions and special application sections. The RAAC issued
a report in July 1994 which addressed the various types of recreation
facilities and identified the features of each facility type that are
not adequately addressed by ADAAG. The RAAC made recommendations for
developing
[[Page 24081]]
accessibility guidelines for those features.
The Access Board published an Advance Notice of Proposed Rulemaking
(ANPRM) in September 1994 requesting public comment on the RAAC's
recommendations. 59 FR 48542 (September 21, 1994). The public comments
expressed support for many of the RAAC's recommendations. However, the
public comments also revealed a lack of consensus on some major issues
regarding play areas among interests that potentially would be affected
by accessibility guidelines for those facilities. Consequently, the
Access Board decided to develop a special application section for play
areas through regulatory negotiation. Regulatory negotiation is a
supplement to the traditional rulemaking process that allows for face-
to-face negotiations among representatives of affected interests,
including the agency, with a goal of arriving at a consensus decision
on the text of a proposed rule. The proposed rule is then published in
the Federal Register and the public has an opportunity to comment.
Based on public comments received, the final rule may differ from the
proposed rule.
The regulatory negotiation committee on accessibility guidelines
for play areas was established in March 1996. A notice of intent to
form a regulatory negotiation committee was published in the Federal
Register on December 22, 1995 (60 FR 66537). This notice proposed a
committee membership and requested comments on the establishment of the
committee and the proposed membership. The final membership of the
committee included:
American Society of Landscape Architects
ASTM Public Playground Committee (F15.29)
ASTM Soft Contained Play Committee (F15.36)
ASTM Playground Surfacing Systems Committee (F 08.63)
International Play Equipment Manufacturers Association
National Association of Counties
National Association of Elementary School Principals
National Child Care Association
National Council on Independent Living
National Easter Seal Society
National League of Cities
National Parent-Teacher Association
National Recreation and Park Association
Spina Bifida Association of America
TASH
United Cerebral Palsy Associations
U.S. Access Board
The committee met seven times between March 1996 and July 1997 as a
full committee. In addition, several workgroups met to gather
information or develop recommendations for the full committee.
Committee members sought input from the public on issues related to
accessibility in play areas. The meetings were held in different
locations across the country and were attended by over 250 members of
the public. A formal public comment period was held at the end of each
day of the full committee meetings. In August 1996, the committee met
in the suburbs of Minneapolis, Minnesota. As a part of this meeting,
the committee participated in a day long tour of playground sites,
representing the various elements under discussion by the committee. In
October 1996, the committee met in conjunction with the National
Recreation and Park Association Annual Congress. This meeting was
attended by over 100 members of the public. All committee meetings were
facilitated by the Federal Mediation and Conciliation Service. An
interest based model of negotiation was used during the negotiations.
The committee began its deliberations examining available
information related to providing access for children with disabilities
in play areas. The committee relied heavily upon three documents: the
Recreation Access Advisory Committee (RAAC) Recommendations for
Accessibility Guidelines: Recreational Facilities and Outdoor Developed
Areas (July 1994), the ASTM F 1487-95 Public Playground Equipment
Safety Standard, and the Recommendations for Accessibility Standards
for Children's Environments Technical Report (July 1992). This
technical report was based on a research project conducted for the
Access Board by the National Center on Accessible Housing, North
Carolina State University.
The committee identified basic principles to guide its
negotiations. The committee agreed that accessibility guidelines
should:
be based on children's anthropometric dimensions and other
resource information;
be based on children with disabilities using a variety of
assistive devices;
provide opportunity for use by children who have a variety
of abilities;
support social interaction and encourage integration;
create challenge, not barriers;
maintain safety consistent with ASTM requirements;
be reasonable in terms of cost relative to benefit;
be based on independent use, as much as possible;
address access for parents and care givers;
provide access to elevated structures (additional ground
level accessible play components may be required, depending on the type
of vertical access provided to elevated structures); and
provide advisory information in an understandable format
to assist designers, operators, and owners, to effectively incorporate
access into their designs.
The committee reached consensuses on the accessibility guidelines
for newly constructed and altered play areas covered by the ADA.
Committee members represented the diverse interests of those affected
by this rulemaking, including persons with disabilities, owners and
operators of play areas, State and local governments, designers,
manufacturers, and voluntary standards groups. Where safety, cost, and
access interests conflicted, consensus was difficult. Committee members
explored many approaches and compromised in many areas to reach
agreement on minimum accessibility guidelines for play areas.
The proposed accessibility guidelines for play areas include
requirements for accessible play components with interactive
manipulative features to be within certain reach ranges (16.1.5.3 Reach
Ranges). Examples of manipulative or interactive features of a play
component include the opening of a talk tube or the letters of a tic-
tac-toe board. The committee considered it important for children with
disabilities to reach these features to use the play component fully.
The committee used a modified version of the dimensions for reach
ranges that were included in the proposed accessibility guidelines for
children's facilities, which were available during the committee's
deliberations. (61 FR 37964, July 22, 1996). Final guidelines for
building elements designed for children's use were issued after the
committee's deliberations. (63 FR 2060, January 13, 1998.) Those final
guidelines include reach range specifications for children of various
age groups in the appendix as advisory information for designers to use
where appropriate. This flexibility was incorporated into the final
guidelines since it is not always clear which building elements are
used primarily by children and should be within these reach ranges. In
a play area, however, play components are designed specifically for use
by children. Therefore, the proposed accessibility guidelines for play
areas
[[Page 24082]]
require that where manipulative or interactive features are provided on
accessible play components, they must be within the reach ranges of
children with disabilities.
Section-by-Section Analysis
This section of the preamble contains a summary of the proposed
guidelines for play areas. The text of the proposed rule follows this
section.
16. Play Areas
Definitions
This section defines terms used in the proposed rule. To avoid
potential confusion, terms and definitions already established within
the industry have been used to the greatest extent possible.
The term play area is defined as a portion of a site containing
play components designed and constructed for children in a specified
age range as designated by ASTM F 1487-95, a voluntary safety standard.
ASTM F 1487-95 recommends that play areas designed for children 2-5
years old and children 5-12 years old be separated. Where play areas
are designed and constructed for specified age groups, each play area
is required to meet the requirements in section 16.
Question 1. Safety standards for play areas require play equipment
designed for children ages 2-5 and 5-12 to be separated. In assessing
the benefits of these proposed accessibility guidelines, the Board is
interested in gathering more data on the incidence of disabilities
within these different age groupings. The Board is interested in any
specific data sources where this information can be obtained.
The term play component is defined as an element intended to
generate specific opportunities for play, socialization, or learning.
The committee carefully reviewed definitions established by the
industry and the Recreation Access Advisory Committee in developing
this definition. The committee wanted the proposed definition to
address the variety of play components. The committee considered
elements that generate specific opportunities for play, socialization,
or learning. Elements that provide experiences such as sliding,
swinging, rocking, spinning, climbing, crawling, pretending, and
bouncing are considered play components. Conversely, elements not
specifically intended for play, socialization, or learning such as
ramps, decks, steps, transfer systems, and roofs are not play
components.
Play components may be manufactured or natural. Examples of natural
play components include children's gardens and land forms designed to
create gathering places. Manufactured play components may be stand
alone or a part of a composite structure. Spring rockers and sand
tables are generally placed in stand alone locations. Manufactured
composite structures often combine slides, climbers, and activity
panels on one unit. Landscape architects and other designers supported
including natural elements in the description of play components. They
were concerned that the definition would focus solely on manufactured
play equipment.
A composite play structure is defined as two or more play
components attached or functionally linked to create an integrated unit
that provides more than one play activity. This definition clarifies
that composite structures include play components combined to provide
multiple play experiences. The manner in which play components are
combined is not relevant so long as they are functionally linked. When
individual parts of a composite structure act as a single unit, they
are considered functionally linked, even if the parts are not
physically attached to the structure. Examples may include a balance
beam that may not be attached to the main structure, but serves as a
play opportunity adjoining the main play structure. Although not
physically attached, the balance beam allows a child to progress from
one structure to another.
An elevated play component is defined as a play component that is
part of a composite play structure and approached above or below grade.
A stand alone slide, for example, would not be considered an elevated
play component since it is not part of a composite play structure and
is not approached above or below grade.
A ground level play component is a play component that is
approached and exited at the ground level. Stand alone slides, balance
beams, swings, and spring rockers are examples of ground level play
components. Although portions of a ground level play component may be
elevated, the key element of this definition is that the play component
(slide, balance beam, swing, or a spring rocker) is approached and
exited at the ground level.
The proposed definition of use zone includes the ground level area
beneath and immediately adjacent to a play structure or equipment that
is designated for unrestricted circulation around the equipment and on
whose surface it is predicted that a user would land when falling from
or exiting the equipment. This definition is consistent with the ASTM
definition, except that the term ``ground level'' is added to clarify
that the area beneath a play structure or equipment includes the ground
level area. Designers and operators sometimes use the term ``fall
zone'' to identify the ``use zone''.
The term soft contained play equipment is defined as a play
structure made up of one or more components where the user enters a
fully enclosed play environment that uses pliable material(s) (e.g.,
plastic, netting, fabric). These structures are often associated with
fast serve restaurants and other retail establishments and differ from
most play areas found in parks and schools. Soft contained play areas
are fully enclosed environments designed for users to enter the
structures at various entry points. This definition was developed in
cooperation with the ASTM Soft Contained Play Subcommittee F 15.36.
16.1 Play Areas
This section applies to each play area designed for children ages
two and over and requires compliance with the applicable provisions in
this section. The application of these guidelines is consistent with
ASTM F 1487-95, which establishes safety standards beginning at age
two.
The committee considered developing accessibility guidelines for
children under the age of two years. It did not, however, believe that
there was sufficient information available to establish guidelines for
accessible play areas for children with disabilities in this age group.
The committee also considered that regardless of disability, many
children in this age group need assistance in using a play area. The
absence of safety guidelines or standards for this age group was also
recognized. While specific accessibility guidelines have not been
developed for play areas for children under the age of two, these areas
are covered by the ADA and the Department of Justice title II and title
III regulations.
Several technical provisions are proposed that include a range of
dimensions, which permits a designer to consider the primary user
population served. The voluntary safety standard, ASTM F 1487-95,
recommends play areas to be separated by age groups. Specifically, this
standard recommends play areas designed for children 2-5 years old and
5-12 years old to be separated. These proposed accessibility guidelines
also consider areas designed for these age groups to be separate play
areas even if they are in the same facility.
[[Page 24083]]
The Board recognizes the value and importance of innovation in the
design of play area surfaces and components. It is expected that new
devices, technologies, and creativity will result in play area
innovations not seen today. These changes are invited and welcome.
ADAAG Section 2.2 (Equivalent Facilitation) permits ``departures from
particular technical and scoping requirements'' where the result will
provide substantially equivalent or greater access to and usability of
the facility. Section 2.2 applies to every section in ADAAG, including
proposed section 16 Play Areas.
16.1 Exception 1
Exception 1 to this section refers to the requirements of ADAAG
4.1.6 (Alterations). This exception permits play equipment to be
relocated to create safe use zones without triggering the alterations
requirements of ADAAG 4.1.6, if the surface is not changed or extended
for more than one use zone. Many existing play areas are considered
unsafe because of the close proximity of the various pieces of play
equipment. This situation is commonly addressed by moving play
equipment apart and extending the impact attenuating (also referred to
as ``resilient'') surfaces to create a safe use zone.
This exception is proposed to minimize the potential cost impact of
creating safer play areas, while balancing the need for accessibility
for children with disabilities. This exception has been limited to
surface changes that are not more than one use zone. The use zone of
playground equipment is defined in ASTM F 1487-95 and generally
requires a six foot radius of resilient surfacing underneath play
equipment, except for swings and slide exits. Any surface alteration or
change beyond one use zone would be subject to the alteration
requirements of ADAAG 4.1.6.
16.1 Exception 2
Exception 2 to this section permits the use of platform lifts
(wheelchair lifts) complying with ADAAG 4.11 and applicable State or
local codes as part of an accessible route within a play area. The
committee proposed that platform lifts be permitted so that they may be
used in newly constructed play areas that may have unique environments
where ramp access may not be feasible. The committee considered the use
of platform lifts in play areas similar to the use of platform lifts on
an accessible vertical route to a performing area in an assembly
occupancy as permitted by ADAAG 4.1.3 Exception 4.
16.1 Exception 3
Exception 3 to this section exempts play areas from complying with
the provisions for protruding objects in ADAAG 4.4. ADAAG 4.4 generally
requires that elements mounted along circulation paths not project more
than 4 inches, if the leading edge is above 27 inches and below 80
inches. The committee carefully considered the unique environments of
play areas. In many cases, eliminating protruding objects from all
circulation paths may have the effect of substantially altering the
nature and design of a play area. The committee discussed several
approaches to providing access for children who are blind or visually
impaired, and the effect on the nature or design of a play area. The
committee proposed that at least one accessible route be free of
protruding objects. Section 16.1.3.1 requires that objects shall not
protrude into the accessible route for a height of 80 inches measured
from the surface. Because accessible routes must maintain a clear
minimum unobstructed width, this requirement will provide at least one
route within the play area that is clear of protrusions.
16.1.1(1) Ground Level Play Components
Paragraph 1 of this section requires one of each type of ground
level play component to be accessible. The technical requirements for
an accessible play component are addressed in 16.1.5. The committee
proposed this requirement to give children with disabilities a choice
of at least one of each of the different types of play components
provided at the ground level. Swings, climbers, and spring rockers are
examples of the different types of play components often found at the
ground level in a play area. Providing choice and variety in play areas
can facilitate social growth and interaction among children. The
committee considered requiring all of the ground level play components
to be accessible, however, it concluded that the additional cost may be
prohibitive. Requiring at least one of each type to be accessible is
also consistent with other ADAAG provisions where multiple elements
serving the same function and in the same location are provided.
16.1.1(2)
Paragraph 2 of this section requires accessible ground level play
components to be provided in a number equal to at least 50% of the
total number of elevated play components. The committee added paragraph
2 as a result of its discussion related to providing vertical access to
elevated play components. The committee wanted to provide additional
accessible ground level play components based on the total number of
elevated play components provided. Elevated play components that are
only accessible to children who are able to or choose to transfer have
limited play value for children who are unable to or choose not to
transfer. This provision is an attempt to provide children with
disabilities additional opportunities where only transfer access is
provided to elevated play components.
Accessible ground level play components required by paragraph 1 can
satisfy this requirement. For example, if ten elevated play components
are provided, a total of five ground level play components must be
accessible under paragraph 2. If three different types of ground level
play components are provided, paragraph 1 would require one of each of
the three types to be accessible. Paragraph 2 would require an
additional two ground level play components to be accessible for a
total of five.
16.1.1(2) Exception
The committee proposed an exception to this requirement when ramp
access is provided to each elevated play component. Under this
exception, additional accessible ground level play components are not
required, when each elevated play component can be accessed by a ramp.
Since children using wheelchairs and other mobility devices would have
access to the entire structure, additional accessible play components
are not required at the ground level.
16.1.1(3)
Paragraph 3 of this section requires accessible ground level play
components to be integrated in the play area. In some play area
designs, accessible play components are grouped into one area. These
designs have the effect of segregating children with disabilities.
Under the ADA, segregation of people with disabilities is not
permitted. This provision is critical to promote social interaction
among children with and without disabilities.
16.1.2 Elevated Play Components
This section requires at least 50% of all elevated play components
to be accessible. Since elevated play components are often the most
popular elements of a play area for children, the committee wanted to
ensure that children with disabilities have adequate opportunities to
use them. The committee also considered 50%
[[Page 24084]]
appropriate given the types of elements provided on composite
structures. For example, an elevated composite structure with ten play
components may include two slides, four climbers, and four activity
panels. Using this example, at least five of the elevated components
must be accessible. Section 16.1.2 allows the designer and operator to
decide which elevated play components will be accessible.
The committee debated this requirement at great length. The
committee frequently heard from members of the public who were
concerned with the costs associated with providing an accessible route,
as well as those concerned with ensuring a variety of accessible
elevated play components. Section 16.1.3 (Accessible Route) addresses
the requirements for an accessible route connecting accessible elevated
play components.
The committee found a requirement for the integration of accessible
elevated play components to be unnecessary since integration should
occur naturally due to the number of elevated play components required
to be accessible. Moreover, the committee recognized that designs using
a single point of entry to access a number of elevated structures may
be cost effective.
16.1.3 Accessible Routes
This section requires at least one accessible route within the
boundary of a play area. Auxiliary pathways may also be provided
throughout a play area. These other pathways are not required to be
accessible and may incorporate changes in level and varying slopes.
The accessible route is required to connect accessible play
components, including entry and exit points. Access to both entry and
exit points is required to ensure usability by children with
disabilities. This provision, applied to an accessible slide, will
require an accessible route, with accessible surfacing, serving the
entry and exit points of the slide. The committee recognized that many
children with disabilities will require some assistance in moving
mobility aids to the exit points of accessible play components. This
provision will also provide access to parents and care givers with
disabilities.
Entry and exit points of accessible play components may be on the
ground level or be elevated. The committee carefully considered when
access by ramp, transfer system, and other means should be provided to
elevated play components. Committee members examined how the RAAC
approached the issue of providing ramp access to elevated structures.
The RAAC differentiated between larger and smaller structures, based on
the number of elevated play components provided. During the comment
period of the ANPRM, commenters supported the concept of
differentiating between larger and smaller play structures, however,
there was no consensus on the number of elevated play components that
should trigger a requirement for ramp access.
Like the RAAC, the committee used an approach that differentiates
between play areas based on the numbers of elevated play components.
They contrasted the relative cost of providing a ramp system and
transfer system with the total cost of the structure and the amount of
area required. Ramp access costs always exceeded the costs of transfer
access. For example, the cost of providing a transfer system to 3 feet
above the ground is approximately 6-10 percent of the cost of a ramp
system. For the ramp to be cost effective, the committee proposed to
require ramp access only on larger structures that contain 20 or more
play components.
16.1.3 Exception 1
Exception 1 permits accessible elevated play components to be
connected by transfer systems, where less than 20 elevated play
components are provided. This exception is based on the committee's
consideration of the cost impact and available area. The committee was
concerned that ramp access to smaller structures might result in a
reduction in the number of play components that can be purchased within
a specified budget.
To illustrate the application of the exception, a play structure
with 18 elevated play components is required to provide at least 9 (50%
minimum) accessible elevated components by 16.1.2. The exception would
permit these accessible elevated components to be connected by a
transfer system. Of course, ramp access is also permitted.
Where a transfer system is used to connect accessible play
components on an elevated structure, an accessible play component may
be used to connect to another accessible play component. For example, a
transfer system may connect to an accessible crawl tube. Additional
accessible play components complying with 16.1.5 may be located at the
end of an accessible crawl tube on an elevated structure.
16.1.3 Exception 2
Exception 2 permits no more than 50% of accessible elevated play
components to be connected by transfer systems, where 20 or more
elevated play components are provided. To illustrate the application of
this exception, a play structure with 24 elevated play components is
required to have at least 12 (50% minimum) accessible elevated play
components by 16.1.2. Assuming that 12 accessible elevated play
components are provided, the exception would permit no more than 6 of
these play components to be connected by a transfer system. The other 6
play components must be connected by ramps. Of course, ramp access is
also permitted to all accessible elevated play components.
As discussed in 16.1.3 Exception 1, where a transfer system is used
to connect accessible play components on an elevated structure, an
accessible play component may be used to connect to another accessible
play component. For example, a transfer system may connect to an
accessible crawl tube. Additional accessible play components complying
with 16.1.5 may be located at the end of an accessible crawl tube on an
elevated structure.
16.1.3 Exception 3
This exception does not require handrails at ramps located in the
use zone of a play area. The committee considered this an important
safety precaution because obstacles such as handrails cannot be in
these areas where it is predicted that users may fall.
16.1.3.1 Clear Width and Height
This provision requires the accessible route to be a minimum of 60
inches wide and to be clear of protrusions at or below 80 inches above
the surface. The minimum 60 inch width is proposed for the accessible
route for several purposes. Since this may be the only area where
accessible surfacing is required, the committee considered a minimum 60
inch width necessary for adequate maneuvering space. This route will
support and encourage interaction on the play area between children
with and without disabilities. Unlike typical interior environments,
the minimum width established in this provision is likely to be the
only width requirement. For example, corridors in office buildings tend
to be far wider than the minimum 36 inches required for accessible
routes. Designers and landscape architects consider the minimum 60 inch
width requirement necessary so that children may maneuver freely and
pass each other without meeting transition points or edges between
loose fill and firm surfaces. This requirement is also consistent with
the recommendations of the RAAC and ASTM F 1487-95.
[[Page 24085]]
16.1.3.1 Exception 1
Exception 1 permits the use of a minimum 44 inch wide accessible
route in play areas less than 1,000 square feet, provided that there is
at least one turning space complying with ADAAG 4.2.3 where the route
exceeds 30 feet in length. The committee proposed this exception based
on concerns expressed by the child care industry regarding smaller
facilities. Many child care facilities are often limited in the amount
of space to designate for play. Concerns were raised about the
potential impact of a wider accessible route in reducing the number of
play components provided at smaller facilities. This exception is
proposed to address these concerns.
16.1.3.1 Exception 2
Exception 2 permits the width of the accessible route to be reduced
to a minimum 36 inches for a maximum distance of 60 inches. This
reduction in the width of the accessible route is permitted if multiple
segments are separated by 60 inch wide minimum segments that are at
least 60 inches in length. The committee considered an occasional
reduction in the minimum clear width necessary to accommodate obstacles
such as trees and boulders in the play area. Because the accessible
route also serves as a play area, any reduction in the clear width
affects opportunities for socialization and interaction. Therefore, the
committee developed these minimum criteria for spacing the narrowed
segments and to ensure that adequate turning space is provided between
narrowed segments of the accessible route.
16.1.3.1 Exception 3
Exception 3 permits the width of an elevated accessible route to be
a minimum of 36 inches. Elevated accessible routes may include ramps
between the ground and elevated structures, or ramps between elevated
structures. This is consistent with the recommendations from the RAAC
and ASTM F 1487-95. The committee considered a minimum 36 inch width to
be appropriate for elevated structures where features such as edge
protection and handrails typically are provided. Commonly available
manufactured products will comply with this provision.
16.1.3.1 Exception 4
Exception 4 permits the clear width of the elevated accessible
route to be reduced to 32 inches minimum for a maximum distance of 24
inches. This proposed exception is consistent with existing ADAAG
sections 4.2.1 and 4.13.5.
16.1.3.2.1 Ramp Slope
This section requires ramps provided within the boundary of a play
area to meet the requirements of ADAAG 4.8 with some modifications.
Ground level accessible routes may not exceed a slope of 1:16. The
committee proposed this requirement for several reasons. Initial
concerns were raised about the ability of children with disabilities to
move around within a play area where there is no limitation on the
length of the accessible route connecting accessible play components. A
more gradual slope requires wheelchair users and many others to expend
less energy to traverse a distance. Additionally, proposed 16.1.3
Exception 3 does not require handrails on ramps in a use zone. Since
ramps in the use zone will not have handrails, the committee considered
this another reason for limiting the slope of the accessible route on
the ground level. Additionally, preliminary information regarding some
artificial or synthetic surfaces shows that they may perform more
efficiently where slopes are gradual.
16.1.3.2.2 Ramp Rise
This provision requires that any ramp run have a maximum rise of 12
inches. The RAAC recommended that there be a 12 foot limitation on the
length of a ramp run to limit the distance between landings and other
areas where children gather on a structure. The committee has proposed
a maximum rise, rather than run, for ramps. This solution limits
distance without increasing slopes unnecessarily. The committee
believed that limiting ramp run is important to promote interaction
between children with and without disabilities. ASTM F 1487-95 also
uses a 12 foot limitation on ramp runs to discourage inappropriate and
unsafe use of ramps.
16.1.3.2.3 Handrail Height
This section requires ramp handrails to be provided 20 inches
minimum to 28 inches maximum above the ramp surface. This height is
considered appropriate for children. This is not an additional handrail
requirement. Instead, the committee proposed that handrails are only
provided to serve children. This range is based on a research project
sponsored by the Access Board.
16.1.4 Transfer Systems
Section 16.1.3 permits some accessible elevated play components to
be connected by a transfer system complying with 16.1.4. The transfer
system provides one method of reaching the play equipment and is
designed for use by children with disabilities who can transfer from
their wheelchair or mobility device. Similar transfer systems are used
to provide access into swimming pools. Manufactured transfer systems
for play areas have been available since 1990. The transfer system
consists of two components, a transfer platform and transfer steps. The
transfer platform serves as an entry platform and is provided at a
height that allows wheelchair users to transfer from wheelchairs.
Transfer steps are designed to facilitate movement above or below the
platform to accessible play components.
16.1.4.1 Transfer Platforms
16.1.4.1.1 Size
This section requires transfer platforms to have a level surface 14
inches minimum in depth and 24 inches minimum in width. This minimum
size requirement allows for adequate space for transferring and
maneuvering. The committee based this size requirement on the
recommendations of the RAAC and ASTM F 1487-95. Transfer platforms can
be designed in unique shapes such as a triangle, if the minimum clear
space is provided.
16.1.4.1.2 Height
This section requires the transfer platform to be 11 inches minimum
to 18 inches maximum above the ground or floor surface. The committee
proposed a height range to allow designers flexibility to design for
the intended age group and to accommodate existing manufactured
composite play structures. The height ranges are also consistent with
ASTM F 1487-95 and recommendations from the RAAC, and within the range
of transfer height for other functions requiring transfer such as
toileting.
16.1.4.1.3 Transfer Space
This section requires a level, clear and unobstructed space
complying with ADAAG 4.2.4 to be provided along a 24 inch minimum side
of the transfer platform. An unobstructed side of a transfer platform
is necessary to permit a transfer. A level, clear space allows space
for a stationary wheelchair adjacent to the transfer platform. Transfer
steps connected below the platform may be used to facilitate access
closer to the ground or floor surface. However, transfer steps shall
not be connected to the unobstructed side of the platform.
[[Page 24086]]
16.1.4.1.4 Transfer Supports
This section requires a means of support to be provided for
transferring. Such means may consist of a gripable edge of the transfer
platform or some other element that provides a means of support. The
committee agreed that this was integral to the process of transferring,
but did not have sufficient information or technical data to require a
specific location for the transfer support.
Question 2. What types of transfer supports are most effective in
facilitating transfer? What is the most effective placement and why?
16.1.4.2 Transfer Steps
16.1.4.2.1 Size
This section requires transfer steps to comply with 16.1.4.1.1.
Thus, the transfer step and platform are required to be the same
minimum size. This regularity is important as the function of the step
and platform are similar; serving as a deck to sit and push off of to
move around. Transfer steps provide the opportunity for a child to
ascend to the next level on an elevated structure.
16.1.4.2.2 Height
This provision requires a transfer step to be 8 inches high
maximum. A maximum height is necessary to ensure use by children with
disabilities in their movement from a transfer platform to an
accessible play component. The 8 inches coincides with knee to foot
range measurements and the maximum distance for children to move from
step to step.
16.1.4.2.3 Transfer Supports
Similar to the requirement for the transfer platform, this section
requires a means of support for transferring to be provided. Such means
may consist of a gripable edge of the transfer step or some other
element that provides a means of support. Transfer supports are also
important to support the effort involved in moving from a transfer
platform to an accessible play component. The accessible play component
will often be located above the level of the transfer platform and may
require movement over a series of transfer steps. (See Question 2.)
16.1.5 Accessible Play Components
This provision includes technical requirements for accessible play
components. The committee examined what features of a play component
make it accessible. Initially the committee focussed on individual play
components and developed draft provisions for components such as
climbers, spring rockers, and swings. Through this detailed
examination, the committee identified features critical to making play
components accessible for children with a variety of disabilities.
These key features included clear space adjacent to the play component,
maneuvering space on the same level as the play component, providing
manipulative and interactive features of the play component within the
reach of children with disabilities, and having the entry point or seat
at an appropriate height for transfer and with transfer supports. The
identification of these features provided the basis for the proposed
technical provisions of this section. Establishing the general features
will provide more flexibility to designers, and also should guide the
development of emerging technologies and play component designs.
16.1.5.1 Maneuvering Space
This section requires maneuvering space to be provided on the level
of the accessible play component. This maneuvering space is necessary
so that children with disabilities can negotiate within a play area.
This provision requires the space to be on the same level as the
accessible play component that it serves. Maneuvering space shall have
a slope not steeper than 1:48 in all directions. Except for swings, the
maneuvering space is not required to be located adjacent to the
accessible play component. The committee considered the location of the
maneuvering space critical for use of a swing. This maneuvering space
is required to be located at the swing to facilitate both transfer onto
the swing and to allow space for a parent or care giver to assist
children. Consistent with existing ADAAG requirements, maneuvering
space and clear space may overlap.
16.1.5.1 Exception
This exception eliminates the requirement for maneuvering space on
elevated structures with transfer access only. These systems are
designed for movement on the structure without a wheelchair, therefore
the maneuvering space is not needed.
16.1.5.2 Clear Floor or Ground Space
This provision requires a clear floor or ground space at accessible
play components. This space is required to comply with ADAAG 4.2.4
which provides space for a stationary wheelchair or mobility device.
This space is important for the use of play components. Since each play
component is used differently, designers may choose the appropriate
orientation and location of this space. The clear floor or ground space
shall have a slope not steeper than 1:48 in all directions.
16.1.5.2 Exception
This exception eliminates the requirement for clear floor or ground
space for elevated structures with transfer access only. Accessible
clear floor or ground space is not necessary where structures are not
designed to accommodate wheelchairs. Where ramp access is not provided,
a transfer system is required.
16.1.5.3 Reach Ranges
This provision specifies reach ranges for heights of manipulative
and interactive features of accessible play components. These features
may include steering wheels, tic-tac-toe boards, and other operable
equipment provided for use by children with disabilities on accessible
play components. This section modifies the reach range requirements of
ADAAG 4.2 which are based on adult dimensions and anthropometrics.
The table in this section specifies high and low reach ranges for
children according to age: 36 inches high and 20 inches low for ages 2
through 5; and 40 inches high and 18 inches low for ages 5 through 12.
These age ranges correspond to those specified in ASTM F 1487-95. The
selection shall correspond to the age range of the primary user group
served.
16.1.5.4 Height of Play Components
This provision specifies that when an accessible play component
requires transfer, the entry point or seat must be located between 11
inches minimum and 24 inches maximum above the clear ground or floor
space. This height is necessary for children using wheelchairs and
other mobility devices to transfer onto the play component. The
committee based these dimensions on information in a Board sponsored
research project that examined seat heights and other elements that are
often designed for transferring. The committee used these dimensions,
since transfer height is also critical to these elements. A range has
been established to avoid conflicts with height requirements of play
components designed for movement (rocking, springing, bending).
Play components may be designed without an entry point or seat. In
this case, the provisions of 16.1.5.4 do not apply. Swings and spring
rockers are examples of play components with seats or entry points.
Play components where seats or entry points are not provided include
climbers and balance beams.
[[Page 24087]]
16.1.5.5 Transfer Supports
Similar to the requirement for the transfer platform and transfer
steps, this section requires a means of support for transferring to be
provided. Where an accessible play component requires transfer to the
entry point or seat, such means may consist of a gripable edge of the
play component or some other element that provides a means of support.
Transfer supports are also important to support the effort involved in
moving from a wheelchair or assistive device to an accessible play
component. (See Question 2.)
16.1.6 Accessible Surfaces
16.1.6.1
This provision requires accessible surfaces located within play
areas at ground level to comply with ADAAG 4.5.1 and this section.
Surfaces within the play area that are required to be accessible must
be firm, stable, and slip resistant and also meet the requirements of
the ASTM PS 83 (Provisional Standard Specification for Determination of
Accessibility of Surface Systems Under and Around Playground
Equipment).4 The Board will request approval to incorporate
by reference ASTM PS 83 in these guidelines from the Director of the
Office of the Federal Register prior to publication of the final
guidelines.
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\4\ Copies of ASTM PS 83 are available through the American
Society for Testing and Materials (ASTM) 100 Barr Harbor Drive, West
Conshohocken, PA 19428-2959. Telephone (610) 832-9585.
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The committee has proposed to use ASTM PS 83 to measure the
accessibility of a surface in a play area. This provisional standard
provides a specification for determining the accessibility of the
various surfaces used in play areas. The committee agreed to this
approach to provide more specific guidance to operators and designers
when selecting surfaces for play areas. Owners and operators are often
required to make this determination without sufficient guidance related
to the factors that make a surface accessible to people using
wheelchairs and other mobility aids.
The ASTM F 08.63 subcommittee has worked since May 1994 to prepare
a specification for measuring surfaces to determine accessibility.
ASTM's work was done at the urging of the Access Board and others
interested in identifying objective methods of measuring the level of
accessibility of various surfaces used in play areas. A playground
surface would have to meet the specifications in the ASTM provisional
standard before it would be considered an accessible surface.
The ASTM provisional standard specifically addresses the issue of
``maneuverability''. Maneuverability measures the effort needed to move
a wheelchair across a surface. The development of this ASTM provisional
standard included testing with people with disabilities who use
wheelchairs and other mobility devices and was conducted at Beneficial
Designs in Santa Cruz, CA. Effort required for turning and straight
line movements were measured on different surfaces and slopes. The ASTM
provisional standard assumes that the more difficult a surface is to
turn and travel across, the less accessible it is. When compared to
effort to travel across a very accessible surface, such as concrete, a
minimum acceptable level of effort is yielded.
16.1.6.2
This provision requires accessible surfaces located within the use
zone to be impact attenuating and to comply with the ASTM F 1292
provision for drop testing. The Board will request approval to
incorporate by reference ASTM F 1292 in the guidelines from the
Director of the Office of the Federal Register prior to publication of
the final guidelines. The need for play areas to include safe surfaces,
which are impact attenuating in case of a fall, is critical for
children and for owners and operators. While the committee did not
consider the requirement for an impact attenuating surface in a play
area to be an accessibility issue, several playground surfaces may be
considered accessible but would not meet the requirements for impact
attenuation as defined by ASTM. For example, accessible surfaces such
as concrete or pavement would not meet the requirements for impact
attenuation as defined by ASTM.
There is controversy about which surfaces currently available meet
the requirements for impact attenuation and accessibility. Cost is also
an important factor. General estimates provided to the committee show
large differences in costs between non-accessible loose fill surfaces
that are impact attenuating and surfaces considered both accessible and
impact attenuating. Sand and other loose fill materials, for example,
presently range from approximately $.25 to $1.25 per square foot.
However, rubber matting, poured-in-place rubber, and other accessible
impact attenuating surfaces, presently range from approximately $6.00
to $20.00 per square foot.
The committee did not propose to require an entire play surface to
be accessible because of a variety of considerations. These include a
desire to maximize play value, allow for diversity in the play
experience, and balance the costs with the benefits. The committee
identified those areas where accessible surfacing is necessary so that
children with disabilities can use and enjoy play components.
Question 3. Impact attenuating surfaces have been used to cover
concrete for safety purposes in play areas. The border between the
resilient surface and adjacent surfaces forms a transition between the
two surfaces. Some manufacturers have noted difficulty in meeting the
requirements of ADAAG 4.5.2 for changes in level and for beveled
surfaces. Should there be an exception? If so, under what conditions
should the exception apply?
16.1.7 Handrails
This provision proposes that the diameter or width of handrails be
0.95 inch minimum to 1.55 inch maximum, or a shape that provides an
equivalent gripping surface. This requirement will apply to all
handrails within the play area. The committee proposed this requirement
to be consistent with ASTM F 1487-95.
16.2 Soft Contained Play Structures
This section requires soft contained play structures to comply with
16.2. Soft contained play structures are designed differently than the
more traditional play areas found in parks, schools, and child care
centers. They are designed to promote play inside a structure and were
originally developed as an alternative to the more open designs to
reduce injuries due to falls. Users must fully enter the play system to
participate in this opportunity. The play experience is provided
largely within the structure and can include elements such as ball
pools, slides, climbing nets, and crawl tubes. Children maneuver
through the system by crawling, climbing, pulling and sliding.
16.2.1 Access to Entry Points
This section requires that where three or fewer entry points are
provided for each structure, a minimum of one entry point shall be on
an accessible route. Where four or more entry points are provided, an
accessible route is required to at least two entry points. The
committee agreed that the proposed accessibility guidelines developed
for the more traditional play environments would not be appropriate for
soft contained play structures. As a result, the committee proposed
requirements to ensure access to the entry points of soft contained
play structures. The committee did not consider the interior space of
these structures suitable for
[[Page 24088]]
wheelchairs or other mobility devices. Additionally, these structures
do not include open decks or platforms that would accommodate a
wheelchair.
16.2.1 Exception 1
Exception 1 to this section permits the use of a transfer system
complying with 16.1.4 to be a part of the accessible route connecting
the entry points. The committee considered the use of transfer systems
appropriate to connect entry points, since the interior space is not
suitable for wheelchairs or other mobility devices. For example, a
child either independently or with assistance can enter into a system
at a transfer point, play in a ball pool, maneuver through a tube, and
exit through a slide.
16.2.1 Exception 2
Exception 2 to this section permits the use of platform lifts
(wheelchair lifts) complying with ADAAG 4.11 and applicable State or
local codes as part of an accessible route for a soft contained play
structure. The committee proposed that platform lifts be permitted so
that they may be used in newly constructed play areas that may have
unique environments where ramp access may not be feasible. The
committee considered the use of platform lifts to connect entry points
in soft contained play structures similar to the use of platform lifts
on an accessible vertical route to a performing area in an assembly
occupancy as permitted by ADAAG 4.1.3 Exception 4.
Regulatory Process Matters
Executive Order 12866: Regulatory Assessment
The Access Board has determined that this proposed rule is an
economically significant regulatory action under Executive Order 12866
and has prepared a regulatory assessment of the potential costs and
benefits of the rule. The regulatory assessment has been placed in the
docket and is available for public inspection.
This proposed rule is the result of regulatory negotiation among 17
organizations representing the various interests affected by the rule.
These interests include child care centers, elementary schools, park
and recreation agencies, city and county governments, persons with
disabilities, play equipment designers and manufacturers, and voluntary
consensus standards groups. The regulatory negotiation committee
considered many proposals made by the various interests. As discussed
in the background section of the preamble, the regulatory negotiation
committee agreed to basic principles to guide its negotiations. Among
those principles are that the guidelines should provide opportunity for
children with a variety of abilities to use play areas, support social
interaction and integration, be based on independent use as much as
possible, create challenge not barriers, maintain safety, and be
reasonable in terms of cost relative to benefit. The section-by-section
analysis of the preamble discusses the factors that the regulatory
negotiation committee considered in reaching consensus on the proposed
rule. Where alternatives were presented, the regulatory negotiation
committee aimed for the most cost effective approach for achieving the
regulatory objectives. For example, section 16.1.3 of the proposed rule
requires at least 50 percent of elevated play components to be
accessible and contains different provisions for connecting the
accessible elevated play components by transfer system or ramp based on
the number of elevated play components provided.
The major alternatives which were considered and rejected by the
committee included the following:
(1) Requiring the entire surface of a play area to be accessible
and requiring ramp access to all play components on an elevated
structure. While both alternatives would ensure access for all children
with disabilities in a play area, the cost was considered excessive.
Many owners and operators have an established budget to work within
when designing and constructing play areas. The cost impact of these
alternatives would reduce the amount of ``play value'' and fewer play
components would be designed or purchased. The guidelines identify only
those areas where accessible surfacing is necessary so that children
with disabilities can use and enjoy play components.
(2) Providing a lower level of access for children with
disabilities. The committee considered requiring only transfer access
to all of the elevated structures and requiring ramp access to a
certain height. While these were considered lower cost alternatives,
there was little support from committee members who felt that these
approaches limited access for children with disabilities in a way that
was not consistent with the intent and purposes of the ADA.
Specifically, the committee did not believe these approaches gave
children with disabilities sufficient opportunity to interact and
socialize with other children.
The regulatory assessment examines the potential cost impact of the
proposed rule on three play areas: (1) a medium-size play area such as
may be found in an elementary school; (2) a small play area such as may
be found in a child care center; and (3) a large play area such as may
be found in a public park. Baseline costs were established for each
play area based on the Department of Justice's ``Americans with
Disabilities Act Title II Technical Assistance Manual'' (1994
Supplement), administrative complaints, ASTM F 1487-95 and ASTM PS 83,
and common industry practices.
The regulatory assessment estimates equipment and surfacing cost
increases over the baseline for providing access to elevated and ground
level play components. For equipment, installation costs are estimated
separately at 20 percent to 40 percent of equipment costs. If installed
and maintained properly, it appears that engineered wood fiber, rubber
mats or tiles, and poured-in-place rubber would be permitted for
surface materials. The regulatory assessment considers two surfacing
options for each play area: (1) using engineered wood fiber for the
entire play area; and (2) using a unitary material such as rubber
matting for accessible surfaces and loose fill material such as sand,
wood chips, or pea gravel for the rest of the play area. The estimated
cost range for engineered wood fiber is $.85 to $3.00 per square foot
installed and for rubber matting is $6.00 to $15.00 per square foot
installed. The cost ranges are fairly wide due to the wide range of
existing site conditions.
The medium-size play area examined in the regulatory assessment is
for children age 5 to 12 years old and has a composite play structure
with 4 levels and 10 elevated play components. For the baseline, 8
elevated play components are included and a transfer system is provided
to the first level of the composite structure making 2 play components
on that level accessible. The play area also has a set of swings and 4
other ground level play components. For the baseline, the swing set and
2 other ground level play components are included and the accessible
route does not extend to any of the ground level play components where
a combination of unitary and loose fill surfacing materials is used.
The total baseline costs for the play area range from $16,446 to
$24,361 using engineered wood fiber, and from $16,197 to $26,116 using
a combination of unitary and loose fill materials.
Providing a transfer step between the first and second levels to
make a play component on the second level accessible and adding another
play activity to both the first and second levels so that at least 50
percent of the elevated play components are accessible
[[Page 24089]]
would increase the equipment costs $1,871, plus $374 to $748 for
installation. Adding 2 play activities at the ground level so that the
number of ground level play components equals at least 50 percent of
the total number of elevated play components would increase equipment
costs $992, plus $199 to $397 for installation. Where engineered wood
fiber is used for the entire play area, the surfacing costs would
increase $238 to $786 because the use zone is made larger by the
addition of 2 ground level activities. Where a combination of unitary
and loose fill materials is used, the surfacing costs would increase
$2,447 to $5,811 because additional unitary material is needed to
extend the accessible route to reach the base of one of the elevated
play components and each of the ground level play components. The total
costs for the play area applying the proposed rule would range from
$20,120 to $29,155 using engineered wood fiber (a 21 percent change
over the baseline), and from $21,937 to $32,592 using a combination of
unitary and loose fill materials (a 38 percent change over the
baseline).
The small play area examined in the regulatory assessment is
divided by age groups. One area is for infants and toddlers up to 24
months old. The other area is for children age 2 to 5 years old. The
infant and toddler area is not affected by the proposed rule and thus
there is no cost impact for that area. The area designed for children
age 2 to 5 years old has a composite play structure with 4 elevated
play components on one level, a sand and water play table, portable
painting easels, and 3 imaginative play items on the ground level. For
the baseline, a transfer system is provided to the composite play
structure making at least 50 percent of the elevated play components
accessible. The sand and water table and the paint easels are located
along an existing sidewalk when in use since they are not required to
be located over impact alternating material, and one of the imaginative
play items is located on an accessible route within the play area. The
total baseline costs for the play area range from $12,548 to $16,980
using engineered wood fiber, and from $12,961 to $17,639 using a
combination of unitary and loose fill materials. The proposed rule
would not require any changes over the baseline for the small play
area. The proposed rule allows accessible routes in play areas smaller
than 1,000 square feet to be 44 inches minimum clear width which may
offer some cost savings over the 60 inches minimum clear width
specified in the ASTM F 1487-95 standard.
The large play area examined in the regulatory assessment is for
children age 5 to 12 years old and has a composite structure with
multiple decks on 4 levels and 20 elevated play components. For the
baseline, 19 elevated play components are included and a transfer
system is provided to a deck on the first level which is connected by a
bridge to another deck on the same level, making 5 play components on
that level accessible by a transfer system. The play area also has a
set of swings, an independent slide, a sand play area, and 7 other
ground level play components. For the baseline, the swing set, the
independent slide, the sand play area, and 3 other ground level play
components are included and the accessible route is located along a
side of the sand play area but does not extend to any of the other
ground level play components where a combination of unitary and loose
fill surfacing materials is used. The total baseline costs for the play
area range from $40,223 to $54,578 using engineered wood fiber, and
from $40,965 to $54,409 using a combination of unitary and loose fill
materials.
In addition to providing access to at least 25 percent of the
elevated play components by a transfer system, the proposed rule would
require at least 25 percent of the elevated play components to be
accessible by ramp since the composite play structure has 20 or more
elevated play components. A sloped earth berm is used to gain 24 inches
elevation along the accessible route outside the use zone and a ramp is
used to connect the berm to a 36 inch high deck, making 4 play
components on that deck accessible. The berm costs $4,100, including a
retaining wall, paving, fill, landscaping materials, and installation.
Using a ramp and landings to reach the same elevation as the berm (24
inches) would cost from $4,205 to $18,420 depending on the type of
equipment and surfacing materials used. Berms may be more economical
than ramps for elevation gains of 2 feet or less, especially if these
natural topographic conditions exist on a site and can be incorporated
into the play area with ramp access. In addition to the berm and ramp,
the size of the deck connected by the ramp is increased and a play
activity is added to the deck so that at least 25 percent of the
elevated play components are accessible. The additional cost for the
berm, ramp, increasing the size of the deck, and adding a play activity
to the deck is $6,892, plus $1,378 to $2,757 for installation.
Adding a transfer system to the sand play area and 4 play
activities at the ground level so that the number of ground level play
components equals at least 50 percent of the total number of elevated
play components would increase equipment costs $3,039, plus $608 to
$1,216 for installation. The surfacing costs would increase $128 to
$450 where engineered wood fiber is used for the entire play area
because the use zone is made larger by the addition of the ramp, and
$2,735 to $7,800 where a combination unitary and loose fill materials
is used because additional unitary material is needed to extend the
accessible route to reach the required number of ground level play
components. The total costs for the play area applying the proposed
rule would range from $51,546 to $67,590 using engineered wood fiber (a
26 percent change over the baseline), and from $54,796 to $74,471 using
a combination of unitary and loose fill materials (a 35 percent change
over the baseline).
The regulatory assessment also examines the potential cost impact
of the proposed rule on soft contained play structures. The proposed
rule would require at least one entry point to be located on an
accessible route where three or fewer entry points are provided, and at
least two entry points to be located on an accessible route where four
or more entry points are provided. Transfer systems are permitted. The
proposed rule would add $400 to $1,200 in equipment and surfacing costs
on a structure with three or fewer entry points and $800 to $2,400 on a
structure with four or more entry points, which is 2 percent to 6
percent of the original structure cost.
The variety of play area designs is nearly limitless. It is not
possible to examine every design and develop precise cost data for the
proposed rule. From the designs examined in the regulatory assessment,
some general conclusions can be made. The total cost increase for play
areas designed to meet the requirements of the proposed rule generally
can be kept within 20 percent to 40 percent of the baseline that would
be provided in the absence of the proposed rule. In the case of small
play areas, there may be no additional cost incurred over the baseline.
For soft contained play structures, the cost increase is expected to be
2 percent to 6 percent of the original structure cost. The most
important factor in controlling cost is good design and careful
planning to find the most efficient balance of costs, safety,
maintenance, desired features, and accessibility.
The average cost of a play area has risen approximately 25 percent
to 30
[[Page 24090]]
percent over the past seven years. This increase in cost is largely due
to increased safety measures incorporated into the design of
manufactured play equipment (both modular and individual play
components) and resilient playground surfacing. Despite these increases
in cost, equipment sales have increased by approximately 21 percent
each year over the past five years.
Question 4. The Board is interested in what, if any, effects any
increased cost to provide accessibility for children with disabilities
will have on new play areas. Similar to what occurred with safety
measures, is it reasonable to assume that any additional costs
associated with accessibility will be absorbed? What alternatives will
designers and operators consider in meeting the proposed accessibility
guidelines without sacrificing play value? Will schools and parks
consider decreasing the size of play areas to ensure that both children
with and without disabilities will have equal opportunities?
The Play Equipment Section of the National School Supply and
Equipment Association (NSSEA) maintains a voluntary reporting system
for play equipment sales. Participating companies reported $205 million
in equipment sales for 1996. Non-participating companies are estimated
to have $125 million in equipment sales for 1996. Assuming installation
costs at 30 percent of equipment sales, surfacing costs at 12 percent
of equipment sales, and professional design fees, grading, landscaping,
and other expenses at 10 percent of the equipment sales, the total
estimated expenditures for play areas in 1996 is estimated to be $502
million, of which approximately 80 percent is for new construction.
This amount does not include soft contained play structures, which are
estimated to have $86 million in total expenditures for 1996, with
approximately 85 percent of the amount for new construction. It is
estimated that there are 250,000 play areas in the country and that
licensed child care facilities operate 95,000 (38 percent) of the play
areas, elementary schools operate 53,900 (22 percent) of the play
areas, and parks operate 101,000 (40 percent) of the play areas.
Assuming each of these entities builds new play areas in the same
proportion as it operates them and a 20 percent to 40 percent cost
increase based on the examples of the medium and large size play areas
examined in the regulatory assessment, the economic impact of the
proposed rule on elementary schools and parks is estimated to be $50
million to $100 million annually. For purposes of the proposed rule, it
is assumed that licensed child care facilities have an average capacity
of 65 to 70 children, that the children use the play areas in small
groups, and that the play areas operated by those entities are likely
to be small. Since no additional cost was projected in the example of
the small play area examined in the regulatory assessment, no economic
impact is estimated for small play areas operated by licensed child
care facilities.
Question 5. The Board seeks information on licensed child care
facilities, including the size of play areas operated, types of play
equipment used, and current practices for providing access to new play
areas.
For soft contained play structures, the economic impact of the
proposed rule is estimated to be $1.5 million to $4.5 million annually.
Initial Regulatory Flexibility Analysis
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601, et seq.
(RFA), was enacted to ensure that small entities are not unnecessarily
burdened by government regulations. The RFA requires agencies to review
rules that may have a ``significant economic impact on a substantial
number of small entities.'' The Board has determined that this proposed
rule is an economically significant regulatory action and therefore the
preparation of an Initial Regulatory Flexibility Analysis (IRFA) is
appropriate. Accordingly, pursuant to the RFA, the Board's IRFA is as
follows.
I. Need For and Final Objectives of the Guidelines
The Access Board is responsible for developing accessibility
guidelines under the Americans with Disabilities Act of 1990 (ADA) to
ensure that new construction and alterations of facilities covered by
titles II and III of the ADA are readily accessible to and usable by
individuals with disabilities. Titles II and III of the ADA cover a
wide variety of recreation facilities such as boating and fishing
facilities, golf courses, parks, places of amusement, play areas,
sports facilities, and trails. While these facilities are covered by
the existing provisions of ADAAG, some recreation facilities have
unique features for which additional provisions and special application
sections are needed.
In July 1993, the Access Board convened the Recreation Access
Advisory Committee (RAAC) to make recommendations concerning the
development of additional guidelines to address areas unique to
recreation facilities. The RAAC issued a report in July 1994 which
addressed the various types of recreation facilities and identified the
features of each facility type that were not adequately addressed by
ADAAG. In September 1994, the Board published an Advance Notice of
Proposed Rulemaking (ANPRM) requesting public comment on the RAAC's
recommendations. Following the issuance of the ANPRM, the Access Board
established a regulatory negotiation committee on accessibility
guidelines for play areas in March 1996. The regulatory negotiation
committee developed these proposed guidelines which address newly
constructed and altered play areas.
As proposed, these guidelines address access to ground level and
elevated play components. Additional ground level accessible play
components may be required, depending on the type of vertical access
provided to elevated structures. The guidelines are based on children's
anthropometric dimensions and other resource information, including
children with disabilities using a variety of assistive devices. Where
possible, the guidelines are based on independent use of the facility
by children with disabilities. The guidelines also address access for
parents and care givers who may have a disability.
The guidelines maintain safety standards consistent with ASTM F
1487-95 and provide information to assist designers, operators, and
owners to effectively incorporate access into their designs. The
guidelines are intended to be reasonable in terms of cost relative to
these benefits.
II. Description and Estimate of the Number of Small Businesses to
Which These Guidelines Will Apply
These guidelines address play facilities covered under titles II
and III of the ADA and ensure that the construction or alteration of
those facilities is readily accessible to and usable by individuals
with disabilities. Title II of the ADA covers buildings constructed or
altered by, on behalf of, or for the use of State and local
governments, while title III of the ADA addresses places of public
accommodation and commercial facilities.
Small Businesses
The term small business is defined by the RFA as having the same
meaning as the term small business concern under section 632 of the
Small Business Act, 15 U.S.C. 632. A small business concern is defined
as ``one which is independently owned and operated and which is not
dominant in its field of operation.'' The Administrator of the
[[Page 24091]]
Small Business Administration may provide additional criteria by which
a concern may be determined to be a small business concern.
There are 10 industry categories established by the Small Business
Administration which are applicable to these guidelines. However, as
discussed below, many of the categories noted are overbroad in the
inclusion of potential businesses affected by these proposed guidelines
and accordingly the number of potential business provided in the census
data is higher than the actual estimate. For example, in the category
of landscape counseling and planning services, only those businesses
which are engaged in designing play areas would be impacted by the
provisions proposed in these guidelines. Similarly, in the category of
amusement parks and kiddie parks, these guidelines would apply to play
areas in those facilities, but do not address mechanical rides,
refreshment stands or picnic grounds. Additional examples are discussed
in the list of categories of businesses potentially affected by the
guidelines which follows:
(1) Establishments primarily engaged in the manufacturing of
sporting and athletic goods. This category would include gymnasium and
playground equipment; golf and tennis goods; baseball, football,
basketball and boxing equipment; fishing tackle; roller skates and ice
skates; billiard and pool tables; and bowling alleys and equipment.
5 These establishments are considered to be small businesses
if they have 500 or less employees. (See 13 CFR 121.201.) Census data
indicates that there are 2,115 such entities, of which 98% or 2,064 are
considered small businesses. 6 However, because these
guidelines are limited to equipment manufactured for play areas, this
category is over inclusive and many of the manufacturers included in
the census data for this class would not be impacted by these
guidelines.
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\5\ Executive Office of the President, Office of Management and
Budget, Standard Industrial Classification Manual (1987) (SIC 3949).
\6\ U.S. Small Business Administration, Industry and Employment
Size of Enterprise for 1993, Table 3, SIC 3949 (U.S. Bureau of the
Census data under contract to the SBA).
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(2) Establishments primarily engaged in child day care services.
This would include the care of infants or children, or providing
prekindergarten education, where medical care or delinquency correction
is not a major element. These establishments may or may not have
substantial educational programs. They generally care for
prekindergarten or preschool children, but may care for older children
when they are not in school. 7 These establishments are
considered to be small businesses if they have $5 million or less in
annual receipts. (See 13 CFR 121.201.) Census data indicates that there
are 43,449 such establishments, of which 99% or 43,321 are small
business concerns. 8
---------------------------------------------------------------------------
\7\ Executive Office of the President, Office of Management and
Budget, Standard Industrial Classification Manual (1987) (SIC 8351).
\8\ U.S. Small Business Administration, Industry and Employment
Size of Enterprise for 1993, Table 3, SIC 8351 (U.S. Bureau of the
Census data under contract to the SBA).
---------------------------------------------------------------------------
(3) Elementary and secondary schools. This would include elementary
and secondary schools furnishing academic courses, ordinarily for
kindergarten through grade 12. Included in this industry are parochial
schools and military academies furnishing academic courses for
kindergarten through grade 12, and secondary schools which furnish both
academic and technical courses. 9 With respect to private
schools, these establishments are considered to be small businesses if
they have $5 million or less in annual receipts. (See 13 CFR 121.201.)
Census data indicates that there are 16,646 elementary or secondary
schools which are private or military establishments, of which 91% or
13,341 are small business concerns. 10 Because these
guidelines address play areas, typically only the elementary schools,
and not secondary schools, included in the census data would be
impacted. With respect to public schools, there are 60,052 elementary
public schools. 11 However, only those elementary schools
operated by government entities with populations of less than 50,000
are considered small entities for purposes of the RFA. 12
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\9\ Executive Office of the President, Office of Management and
Budget, Standard Industrial Classification Manual (1987) (SIC 8211).
\10\ U.S. Small Business Administration, Industry and
Employment Size of Enterprise for 1993, Table 3, SIC 8211 (U.S.
Bureau of the Census data under contract to the SBA).
\11\ Department of Education, National Center for Education
Statistics, Digest of Education Statistics 1995, Table 5.
\12\ 5 U.S.C. 601(5).
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(4) Civic, Social, and Fraternal Associations. This category would
include organizations engaged in civic, social or fraternal activities.
13 These establishments are considered to be small
businesses if they have $5 million or less in annual receipts. (See 13
CFR 121.201.) Census data indicates that there are 39,962 such
establishments, of which 99% or 39,883 are small business concerns.
14 However, many of the entities identified in the category
and included in the census data would not be impacted by these
guidelines. For example, this category includes booster clubs,
citizens' unions, university clubs, tenant associations and other such
organizations. Only those entities such as parent-teacher associations
or community groups which might be engaged in providing play facilities
would be impacted by the guidelines.
---------------------------------------------------------------------------
\13\ Executive Office of the President, Office of Management
and Budget, Standard Industrial Classification Manual (1987) (SIC
8641).
\14\ U.S. Small Business Administration, Industry and
Employment Size of Enterprise for 1993, Table 3, SIC 8641 (U.S.
Bureau of the Census data under contract to the SBA).
---------------------------------------------------------------------------
(5) Eating places. This would include establishments primarily
engaged in the retail sale of prepared food and drinks for on-premise
or immediate consumption. Caterers and industrial and institutional
food service establishments are also included in this
industry.15 These establishments are considered to be small
businesses if they have $5 million or less in annual receipts. (See 13
CFR 121.201.) Census data indicates that there are 262,563 such
establishments, of which 98% or 256,281 are small business
concerns.16 As with previous categories, not all of the
businesses identified in this category will be impacted by these
proposed guidelines. Only those eating places which provide play areas
for patrons such as fast serve restaurants will be affected by the
guidelines.
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\15\ Executive Office of the President, Office of Management and
Budget, Standard Industrial Classification Manual (1987) (SIC 5812).
\16\ U.S. Small Business Administration, Industry and Employment
Size of Enterprise for 1993, Table 3, SIC 5812 (U.S. Bureau of the
Census data under contract to the SBA).
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(6) Sporting goods stores and bicycle shops. This category includes
establishments primarily engaged in the retail sale of sporting goods,
sporting equipment, and bicycles, bicycle parts, and
accessories.17 These establishments are considered to be
small businesses if they have $5 million or less in annual receipts.
(See 13 CFR 121.201.) Census data indicates that there are 20,345 such
establishments, of which 99% or 20,192 are small business
concerns.18 However, only those establishments which are
engaged in the retail sale of playground equipment would be affected by
these proposed guidelines.
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\17\ Executive Office of the President, Office of Management and
Budget, Standard Industrial Classification Manual (1987) (SIC 5941).
\18\ U.S. Small Business Administration, Industry and Employment
Size of Enterprise for 1993, Table 3, SIC 5941 (U.S. Bureau of the
Census data under contract to the SBA).
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(7) Sporting and recreational camps. This would include
establishments primarily engaged in operating sporting and recreational
camps, such as boys' and girls' camps, and fishing and
[[Page 24092]]
hunting camps.19 These establishments are considered to be
small businesses if they have $5 million or less in annual receipts.
(See 13 CFR 121.201.) Census data indicates that there are 2,812 such
establishments, of which 100% or 2,812 are small business
concerns.20
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\19\ Executive Office of the President, Office of Management and
Budget, Standard Industrial Classification Manual (1987) (SIC 7032).
\20\ U.S. Small Business Administration, Industry and Employment
Size of Enterprise for 1993, Table 3, SIC 7032 (U.S. Bureau of the
Census data under contract to the SBA).
---------------------------------------------------------------------------
(8) Establishments of the type known as amusement parks and kiddie
parks which group together and operate in whole or in part a number of
attractions, such as mechanical rides, amusement devices, refreshment
stands, and picnic grounds.21 These establishments are
considered to be small businesses if they have $5 million or less in
annual receipts. (See 13 CFR 121.201.) Census data indicates that there
are 861 such establishments, of which 93% or 797 are small business
concerns.22
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\21\ Executive Office of the President, Office of Management and
Budget, Standard Industrial Classification Manual (1987) (SIC 7996).
\22\ U.S. Small Business Administration, Industry and Employment
Size of Enterprise for 1993, Table 3, SIC 7996 (U.S. Bureau of the
Census data under contract to the SBA).
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(9) Establishments primarily engaged in landscape counseling and
planning services.23 As determined by the Small Business
Administration, these establishments are considered to be small
businesses if they have $5 million or less in annual receipts. (See 13
CFR 121.201.) According to the U.S. Bureau of the Census data, there
are approximately 4,581 such firms, of which approximately 100% qualify
as small businesses.24
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\23\ Executive Office of the President, Office of Management and
Budget, Standard Industrial Classification Manual (1987) (SIC 0781).
\24\ U.S. Small Business Administration, Industry and Employment
Size of Enterprise for 1993, Table 3, SIC 0781 (U.S. Bureau of the
Census data under contract to the SBA).
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(10) Lumber and other Building Materials Dealers. This would
include establishments engaged in selling primarily lumber, or lumber
and a general line of building materials, to the general public. While
these establishments may sell primarily to construction contractors,
they are considered as retail in the trade.25 These
establishments are considered to be small businesses if they have $5
million or less in annual receipts. (See 13 CFR 121.201.) Census data
indicates that there are 19,713 such establishments, of which 85% or
16,718 are small business concerns.26 Not all of the
entities which are engaged in selling lumber and other building
materials would be impacted by these guidelines. Many of the businesses
included in this category are engaged in the sale of brick, tile,
doors, flooring and other materials not typically utilized in a play
area and therefore would not be affected by the requirements of this
rule.
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\25\ Executive Office of the President, Office of Management and
Budget, Standard Industrial Classification Manual (1987) (SIC 5211).
\26\ U.S. Small Business Administration, Industry and Employment
Size of Enterprise for 1993, Table 3, SIC 5211 (U.S. Bureau of the
Census data under contract to the SBA).
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This rule applies to State and local governments under title II of
the ADA and would therefore apply to parks and recreational areas
operated by these entities. The National Recreation and Park
Association estimates that there are 4,800 park and recreation
departments operated by municipalities, public/private entities and
counties. For purposes of the RFA, governments of cities, counties,
towns, townships and villages are considered small governmental
jurisdictions if they have a population of less than
50,000.27 Available U.S. Census Bureau data does not
identify the number of local governments which have populations of less
than 50,000. The Board is seeking information on the number of small
governmental jurisdictions which would be impacted by these guidelines.
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\27\ 5 U.S.C. 601(5).
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III. Description of Reporting, Recordkeeping and Other Compliance
Requirements
Owners and operators developing new play areas will be required to
provide a minimum level of accessibility for children with
disabilities. For components which are not elevated, at least one of
each type of play component must be accessible. (See 16.1.1 Ground
Level Play Components.) In many playgrounds, this will mean that at
least one rocking or spring animal, or at least one sand digger in a
series of diggers must be accessible. Accessible play components must
be reachable by children seated in wheelchairs through accessible
surfacing. (See 16.1.5 Accessible Play Components.)
For elevated play components, different levels of accessibility are
required based on the size of the structures. Since additional costs
are often incurred when providing ramp access to elevated structures,
many small structures are not required to have ramp access. Instead,
small structures are permitted to have a ``transfer system.'' (See
16.1.4 Transfer System.) ``Transfer systems'' provide an opportunity
for children with disabilities to transfer from their wheelchairs or
other mobility devices to use play components. To provide opportunities
for children who are unable to transfer to the elevated structures, a
certain percentage of additional accessible play components are
required on the ground level. This requirement may be partially met
through making ``one of each type'' of ground level play component
accessible.
When owners and operators alter a play area, they would be required
to follow the proposed accessibility guidelines as it applies to the
element that they are altering. For example, if an existing spring
animal is altered, the accessibility guidelines for accessible ground
level play components would apply. If no other accessible spring
rockers are already provided, this would require the operator to design
the altered spring rocker to be accessible for children with
disabilities.
An important exception has been included in the proposed
accessibility guidelines to limit the impact of alterations that may be
triggered by safety surface replacement. As proposed, the guidelines
would allow play equipment to be relocated to create safe use zones
without triggering the alterations requirements of ADAAG 4.1.6 if the
surface is not changed or extended for more than one use zone.
Several additional exceptions have been included within the
proposed accessibility guidelines which will minimize the impact of the
guidelines. Those exceptions include:
(1) Application. These guidelines apply to play areas designed for
children ages two and over which is consistent with voluntary safety
standards for playgrounds. They do not apply to play areas for children
ages two and under. (See 16.1 Play Areas.)
(2) Alterations. As discussed previously, the guidelines allow play
equipment to be relocated to create safe use zones without triggering
the alterations requirements of ADAAG 4.1.6 if the surface is not
changed or extended for more than one use zone. This will minimize the
potential cost impact of creating safer play areas, while balancing the
need for accessibility for children with disabilities. (See 16.1 Play
Areas, Exception 1.)
(3) Platform lifts. This exception allows the use of a platform
lift as part of an accessible route to an elevated structure. This
provides designers and operators with another way to provide vertical
access in these unique environments. (See 16.1 Play Areas, Exception
2.)
[[Page 24093]]
(4) Protruding objects. This exception exempts play areas from the
prohibitions against protruding objects contained in ADAAG 4.4
(Protruding Objects) except for the accessible route within a play
area. Generally, elements mounted along circulation paths may not
project more than 4 inches, if the leading edge is above 27 inches and
below 80 inches. The regulatory negotiation committee considered the
unique environment of the play area and believed that this requirement
may have the effect of substantially altering the nature and design of
a play area and therefore proposed an exception. (See 16.1 Play Areas,
Exception 3.)
(5) Accessible routes. The guidelines permit the width of the
accessible route in play areas to be reduced. These exceptions reduce
the amount of accessible surfacing that is required where there are
special conditions. The accessible route can be reduced to 44 inches,
for example, in play areas with less than 1,000 square feet. This
provision will assist the smaller child care facilities in meeting
these guidelines. (See 16.1.3.1 Clear Width and Height, Exception 1.)
(6) Soft contained play structures. Soft contained play structures
are designed to promote play inside the structure and are often found
in fast serve restaurants and other retail establishments. Exceptions
have been proposed which consider these unique environments and limit
access to the entry points of the structure. (See 16.2 Soft Contained
Play Structures.)
In addition to these exceptions, ADAAG Section 2.2 (Equivalent
Facilitation) which would apply to these proposed guidelines, provides
that covered entities may depart from the particular technical and
scoping requirements where the result will provide substantially
equivalent or greater access to and usability of the facility.
As discussed in further detail in this Regulatory Process section,
the Board has prepared a regulatory assessment which examines the
potential cost impact of these guidelines on three play areas including
a small, medium and a large size play area. (See Executive Order 12866:
Regulatory Assessment.) The baseline costs for the assessment were
based on the Department of Justice's ``Americans with Disabilities Act
Title II Technical Assistance Manual'' (1994) Supplement,
administrative complaints, ASTM F 1487-95 and ASTM PS 83, and common
industry practices. In small play areas, the proposed guidelines would
not result in any additional costs; for medium size play areas, the
cost increase would be approximately 21 to 38 percent depending on the
type of surfacing materials used; and for larger play areas, the
increased cost would be from 26 to 35 percent depending on the surface
materials. For soft contained play structures, the proposed rule would
result in an increase of 2 to 6 percent of the original structure
costs.
As proposed, there are no recordkeeping requirements in these
guidelines.
IV. Description of Steps Taken to Minimize the Significant Economic
Impact Consistent with the Stated Objectives and Significant
Alternatives Considered and Rejected
Efforts to Minimize Impact
As previously discussed, these proposed guidelines were the result
of a regulatory negotiation process. The regulatory negotiation
committee members included individuals representing small businesses
and entities including the National Child Care Association,
International Play Equipment Manufacturers Association, National
Recreation and Park Association, National League of Cities, National
Association of Counties, and the National Parent-Teacher Association.
Various State and local government entities also participated in the
discussions of the committee. Meetings of the committee were held in
different locations across the country. At the conclusion of each day
of a full committee meeting, public comment was invited and over 250
members of the public attended. In addition, the committee members
visited play area sites operated by small entities. One of the
committee meetings was held in conjunction with the National Recreation
and Park Association Annual Congress and over 100 members of the public
attended. The National Recreation and Park Association includes small
municipal park and recreation agencies.
Throughout its deliberations, the committee carefully considered
and incorporated several alternatives which minimized the impact of the
guidelines on small entities. Those provisions include the following:
(1) The Board's ANPRM requested public comment on the RAAC's
recommendation to include a requirement that, in the design process,
covered entities document accessible routes of travel for play areas,
accessible points of access for elevated equipment and provision of
play components accessible by ramp and transfer systems. The ANPRM also
requested comment on requiring covered entities to document
consultation with person with disabilities during the planning process
of a play area. The majority of the comments received in response to
this recommendation did not support the inclusion of a requirement for
such documentation. The regulatory negotiation committee viewed the
requirements for documentation as too onerous and not practical in all
settings. The guidelines do not propose a recordkeeping requirement.
(2) The committee differentiated between play areas with a smaller
number of play components and those with a greater number of
components. As ramp access costs always exceed the costs of transfer
access, the committee has proposed to require ramp access only on
larger structures with a great number of components. For the ramp to be
cost effective, the committee determined that the play structure should
contain 20 or more play components before a ramp is required. (See
16.1.3 Exception 1.) In addition, the committee has proposed that
platform lifts may be used in lieu of ramps to elevated play
structures. (See 16.2.1 Access to Entry Points, Exception 2.)
(3) In play areas with less than 1,000 square feet, the guidelines
provide that ground accessible routes shall be permitted to be 44
inches minimum clear width, a reduction from the 60 inches minimum
clear width required in larger play areas. (See 16.1.3.1 Clear Width
and Height.)
(4) Where soft contained play structures have three or less entry
points, the committee has recommended that only one entry point be
required to be on an accessible route. Where four or more entry points
are provided, only two are required to be on an accessible route. (See
16.2.1 Access to Entry Points.)
(5) The committee proposed a maximum height for transfer platforms
consistent with existing manufactured composite play structures. (See
16.1.4.1.2 Height.)
In addition to the foregoing provisions, the Access Board provides
technical assistance and training to small businesses covered by the
ADA and these guidelines. The Access Board's toll-free number allows
callers to receive technical assistance at no cost and to order
informational publications. The Access Board conducts in-depth training
programs to advise and educate the general public, as well as
architects and other professionals on the accessibility guidelines and
requirements.
[[Page 24094]]
Significant Alternatives That Were Rejected
Throughout its deliberations, the regulatory negotiation committee
addressed a number of alternatives to providing accessibility within a
play area for children with disabilities. The major alternatives which
were considered and rejected by the committee included the following:
(1) Requiring the entire surface of a play area to be accessible
and requiring ramp access to all play components on an elevated
structure. While both alternatives would ensure access for all children
with disabilities in a play area, the cost was considered excessive.
Many owners and operators have an established budget to work within
when designing and constructing play areas. The cost impact of these
alternatives would reduce the amount of ``play value'' and less play
components would be designed or purchased. The guidelines identify only
those areas where accessible surfacing is necessary so that children
with disabilities can use and enjoy play components.
(2) Providing a lower level of access for children with
disabilities. The committee considered requiring only transfer access
to all of the elevated structures and requiring ramp access to a
certain height. While these were considered lower cost alternatives,
there was little support from committee members who felt that these
approaches limited access for children with disabilities in a way that
was not consistent with the intent and philosophy of the ADA.
Specifically, the committee did not believe these approaches gave
children with disabilities sufficient opportunity to interact and
socialize with other children.
Executive Order 12612: Federalism
The proposed rule is issued under the authority of the Americans
with Disabilities Act. Ensuring the civil rights of individuals with
disabilities has been recognized as a responsibility of the Federal
government. The proposed rule does not otherwise affect the
relationship between the Federal government and the States or the
distribution of power and responsibilities among the various levels of
government to warrant an assessment of federalism implications under
Executive Order 12612.
Executive Order 12875: Intergovernmental Partnership
The Access Board has involved State and local governments in the
development of the proposed rule. The National Association of Counties,
National League of Cities, National Recreation and Park Association,
and National Association of Elementary School Principals were members
of the regulatory negotiation committee. Members disseminated
information regarding the rulemaking through their organizations and
presented their concerns during the regulatory negotiation process. The
regulatory negotiation committee also met in different cities and
provided an opportunity for public comment at each meeting. In
addition, the Access Board published an ANPRM requesting public comment
on the Recreation Access Advisory Committee's report, which included
recommendations for providing access to play areas. State and local
governments commented on the ANPRM. The regulatory negotiation
committee was convened in response to the public comments on the ANPRM
to allow State and local governments and other interests affected by
the rulemaking to be more directly involved in the development of the
proposed rule.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act does not apply to proposed or
final rules that enforce constitutional rights of individuals or
establish or enforce any statutory rights that prohibit discrimination
on the basis of race, color, religion, sex, national origin, age,
handicap, or disability. Since the proposed rule is issued under the
authority of the Americans with Disabilities Act, an assessment of the
rule's effects on State, local, and tribal governments, and the private
sector is not required by the Unfunded Mandates Reform Act.
List of Subjects in 36 CFR Part 1191
Buildings and facilities, Civil rights, Individuals with
disabilities, Transportation.
Authorized by vote of the Access Board on July 9, 1997.
Patrick D. Cannon,
Chair, Architectural and Transportation Barriers Compliance Board.
Editorial Note: This document was received at the Office of the
Federal Register on April 23, 1998.
For the reasons set forth in the preamble, the Architectural and
Transportation Barriers Compliance Board proposes to amend Part 1191
of title 36 of the Code of Federal Regulations as follows:
PART 1191--AMERICANS WITH DISABILITIES ACT (ADA) ACCESSIBILITY
GUIDELINES FOR BUILDINGS AND FACILITIES
1. The authority citation for 36 CFR Part 1191 continues to read as
follows:
Authority: 42 U.S.C. 12204.
Appendix A to Part 1191 [Amended]
2. Appendix A to Part 1191 is amended by adding and reserving a new
section 15.
3. Appendix A to Part 1191 is amended by adding a new section 16 to
read as follows:
Appendix A to Part 1191--Americans With Disabilities Act (ADA)
Accessibility Guidelines for Buildings and Facilities
* * * * *
16. PLAY AREAS.
Definitions.
Composite Play Structure. Two or more play components attached
or functionally linked to create an integrated unit that provides
more than one play activity.
Elevated Play Component. A play component that is part of a
composite play structure and approached above or below grade.
Ground Level Play Component. A play component that is approached
and exited at the ground level.
Play Area. A portion of a site containing play components
designed and constructed for children in a specified age range as
designated by ASTM F 1487-95.
Play Component. An element intended to generate specific
opportunities for play, socialization, or learning. Play components
may be manufactured or natural, and be stand alone, or part of a
composite play structure.
Soft Contained Play Equipment. A play structure made up of one
or more components where the user enters a fully enclosed play
environment that uses pliable material(s) (e.g., plastic, netting,
fabric).
Use Zone. The ground level area beneath and immediately adjacent
to a play structure or equipment that is designated for unrestricted
circulation around the equipment and on whose surface it is
predicted that a user would land when falling from or exiting the
equipment as designated by ASTM F 1487-95.
16.1 Play Areas. Where provided, each play area designed for
children ages 2 and over shall comply with the applicable provisions
in section 4, except as modified or otherwise provided in this
section.
Exception 1: This section does not apply to existing play areas
where play equipment is relocated to create safe use zones and where
the surface is not changed or extended for more than one use zone.
Exception 2: Platform lifts (wheelchair lifts) complying with
4.11 and applicable State or local codes are permitted to be used as
part of an accessible route within a play area.
Exception 3: The provisions of 4.4 shall not apply within the
boundary of the play area.
[[Page 24095]]
16.1.1 Ground Level Play Components
(1) Where ground level play components are provided, at least
one of each type shall comply with 16.1.5.
(2) Where elevated play components are provided, ground level
play components complying with 16.1.5 shall be provided in a number
at least equal to 50% of the total number of elevated play
components.
Exception: Where ramp access is provided to each elevated play
component, 16.1.1(2) shall not apply.
(3) Where more than one accessible ground level play components
are provided, they shall be integrated in the play area.
16.1.2 Elevated Play Components. Where elevated play components
are provided, at least 50% shall comply with 16.1.5.
16.1.3 Accessible Routes. At least one accessible route shall be
located within the boundary of the play area and shall connect
accessible play components, including accessible entry and exit
points of accessible play components, and accessible elements.
Exception 1: Where less than 20 elevated play components are
provided, accessible elevated play components required by 16.1.2
shall be permitted to be connected by a transfer system complying
with 16.1.4 (See Table 1). An accessible play component may be used
to connect to another accessible play component.
Exception 2: Where 20 or more elevated play components are
provided, no more than 50% of the accessible elevated play
components required by 16.1.2 shall be permitted to be connected by
a transfer system complying with 16.1.4 (See Table 1). An accessible
play component may be used to connect to another accessible play
component.
Table 1
----------------------------------------------------------------------------------------------------------------
Minimum
percentage Minimum
required to be percentage
Number of elevated play components provided throughout a play accessible and required to be Total
area accessed by accessible and (percent)
transfer system accessed by ramp
or ramp
----------------------------------------------------------------------------------------------------------------
1-19......................................................... 50 none 50
20 plus...................................................... 25 25 50
----------------------------------------------------------------------------------------------------------------
Exception 3: Handrails are not required at ramps located in the
use zone of a play area.
16.1.3.1 Clear Width and Height. Accessible routes shall be 60
in (1525 mm) minimum clear width. Objects shall not protrude into
the accessible route at or below 80 in (2030 mm) above the surface.
Exception 1: In play areas less than 1,000 square feet, ground
accessible routes shall be permitted to be 44 in (1120 mm) minimum
clear width. At least one turning space complying with 4.2.3 shall
be provided where the accessible route exceeds 30 feet (9.14 m) in
length.
Exception 2: Ground level accessible routes shall be permitted
to be 36 in (915 mm) minimum clear width for a distance of 60 in
(1525 mm) maximum, provided that multiple 36 in (915 mm) wide
segments are separated by segments that are 60 in (1525 mm) minimum
in length and 60 in (1525 mm) minimum in width.
Exception 3: Elevated accessible routes shall be permitted to be
36 in (915 mm) minimum clear width.
Exception 4: The clear width of elevated accessible routes shall
be permitted to be reduced to 32 in (815 mm) minimum for a distance
of 24 in (610 mm) maximum.
16.1.3.2 Ramp Slope and Rise. Ramps shall comply with 4.8
except as modified by 16.1.3.2.
16.1.3.2.1 Slope. The maximum slope for ground level accessible
routes within the boundary of a play area shall be 1:16.
16.1.3.2.2 Ramp Rise. Where a ramp is a part of an elevated
accessible route, the maximum rise of any ramp run shall be 12 in
(305 mm).
16.1.3.2.3 Handrail Height. Top of gripping surfaces of
handrails shall be 20 in (510 mm) minimum to 28 in (710 mm) maximum
above the ramp surface.
16.1.4 Transfer Systems. Transfer systems connecting levels
having accessible play components shall include transfer platforms
complying with 16.1.4.1 or transfer steps complying with 16.1.4.2.
16.1.4.1 Transfer Platforms. Transfer platforms shall comply
with 16.1.4.1.
16.1.4.1.1 Size. Platforms shall have a level surface 14 in
(335 mm) minimum in depth and 24 in (610 mm) minimum in width.
16.1.4.1.2 Height. Platform surfaces shall be 11 in (280 mm)
minimum to 18 in (455 mm) maximum above the ground or floor surface.
16.1.4.1.3 Transfer Space. A level space complying with 4.2.4
shall be provided along a 24 in (610 mm) minimum unobstructed side
of the transfer platform.
16.1.4.1.4 Transfer Supports. A means of support for
transferring shall be provided.
16.1.4.2 Transfer Steps. Transfer steps shall comply with
16.1.4.2.
16.1.4.2.1 Size. Transfer steps shall comply with 16.1.4.1.1.
16.1.4.2.2 Height. A transfer step shall be 8 in (205 mm)
maximum high.
16.1.4.2.3 Transfer Supports. A means of support for
transferring shall be provided.
16.1.5 Accessible Play Components. Accessible play components
shall comply with 16.1.5.
16.1.5.1 Maneuvering Space. Maneuvering space complying with
4.2.3 shall be provided on the same level as the play components
served. Maneuvering space shall have a slope not steeper than 1:48
in all directions. The maneuvering space required for accessible
swings shall be located at the swing.
Exception: Maneuvering space is not required at accessible
elevated play components connected only by a transfer system.
16.1.5.2 Clear Floor or Ground Space. Clear floor or ground
space shall be provided at accessible play components and shall be
30 in (760 mm) by 48 in (1220 mm) minimum. Clear floor or ground
space shall have a slope not steeper than 1:48 in all directions.
Exception: Clear floor or ground space is not required at
accessible play components connected only by a transfer system.
16.1.5.3 Reach Ranges. Manipulative and interactive features of
accessible play components shall be within the reach ranges
specified in 16.1.5.3.1.
16.1.5.3.1 Forward and Side Reach. The high forward or high
side reach, and the low forward or low side reach shall comply with
Table 2 below and shall correspond to the age range of the primary
user group;.
Table 2.--Forward and Side Reach
----------------------------------------------------------------------------------------------------------------
Age Range High Reach (not more than) Low Reach (not less than)
----------------------------------------------------------------------------------------------------------------
Ages 2 through 5......................... 36 in (915 mm) 20 in (510 mm)
Ages 5 through 12........................ 40 in (1015 mm)................... 18 in (455 mm)
----------------------------------------------------------------------------------------------------------------
[[Page 24096]]
16.1.5.4 Height of Play Components. Where an accessible play
component requires transfer to the entry point or seat, the entry
point or seat shall be 11 in (280 mm) minimum and 24 in (610 mm)
maximum above the required clear ground or floor space.
16.1.5.5 Transfer Supports. Where an accessible play component
requires transfer to the entry point or seat, a means of support for
transfers shall be provided.
16.1.6 Accessible Surfaces. Accessible surfaces located within
play areas at ground level shall comply with 4.5.1 and 16.1.6.
16.1.6.1 Accessible surfaces located within play areas shall
comply with the provisions of ASTM PS 83 Provisional Standard
Specification for Determination of Accessibility of Surface Systems
Under and Around Playground Equipment (April 1997).
16.1.6.2 If located within use zones, accessible surfaces shall
be impact attenuating and shall comply with ASTM F 1292.
16.1.7 Handrails. Where handrails are provided within a play
area, the handrails shall have a diameter or width of 0.95 in (24.1
mm) minimum to 1.55 in (39.4 mm) maximum, or the shape shall provide
an equivalent gripping surface.
16.2 Soft Contained Play Structures. Soft contained play
structures shall comply with 16.2.
16.2.1 Access to Entry Points. Where three or fewer entry
points are provided, at least one shall be located on an accessible
route. Where four or more entry points are provided, at least two
shall be located on an accessible route. Accessible routes shall
comply with 4.3.
Exception 1: A transfer system complying with 16.1.4 shall be
permitted.
Exception 2: Platform lifts (wheelchair lifts) complying with
4.11 and applicable State or local codes are permitted to be used as
part of an accessible route for soft contained play structures.
* * * * *
[FR Doc. 98-11283 Filed 4-29-98; 8:45 am]
BILLING CODE 8150-01-P
