ACCESS CURRENTS Current News from the U.S. Access Board Volume 4. No. 3 May/June 1998 Board Proposes Guidelines for Accessible Play Areas On April 30, 1998, the Access Board proposed accessibility guidelines for newly built or altered play areas. Issued under the Americans with Disabilities Act (ADA), these guidelines are available for public comment until July 29, 1998. The Board is holding a public hearing in Denver, Colorado on June 3, 1998, to provide an additional opportunity for public comment. The proposed rule would supplement the ADA Accessibility Guidelines (ADAAG) by adding a new chapter on play areas. The guidelines address the number of play components required to be accessible, accessible surfacing in play areas, ramp access and transfer system access to elevated structures, and access to soft contained play structures. Information on certain aspects of access to play areas also is sought in the proposed rule. The guidelines were developed through regulatory negotiation, a supplement to the traditional rulemaking process that allows face-to-face negotiations among representatives of affected interests to achieve consensus on the text of a proposed rule. The regulatory negotiation committee represented a variety of interests, including play equipment manufacturers, landscape architects, parks and recreation facilities, city and county governments, child care operators, and people with disabilities. Last July the committee submitted to the Board a report upon which the proposed guidelines are based. After comments to the play rule are reviewed, the Board will revise the guidelines as necessary and publish them in final form in the Federal Register. The Board's guidelines serve as the basis for design standards used to enforce the ADA. The Department of Justice is responsible for adopting enforceable standards based on the Board's guidelines. Additional guidelines covering other types of recreation facilities and outdoor developed areas will be proposed for public comment in the future. The Access Board believes that these guidelines are responsive to the need for greater guidance in providing access to playgrounds and play equipment. Copies of the proposed rule are available from the Board's toll-free line or its web site: www.access-board.gov. A Guide to the Proposed Rule for Play Areas Presented here are highlights of the accessibility guidelines recently proposed for play areas. For a copy of the rule call the Board's toll-free publication line (request publication S35) or download it at www.access-board.gov. The guidelines proposed would add a new chapter (section 16) on play areas to the ADA Accessibility Guidelines (ADAAG). This chapter would address only those play areas that are newly built or altered. (Generally, existing facilities, while subject to certain ADA requirements, are not addressed by ADAAG except where altered). The guidelines provide scoping requirements, which indicate what is to be accessible, and technical requirements, which explain how to achieve access. Definitions Several defined terms are key to understanding the guidelines. These include "play components," which are manufactured or natural elements used for play, socialization, or learning. Two types of play components are distinguished: "ground level" and "elevated." Ground level play components are those approached and exited at ground level, such as spring rockers, swings, and stand-alone climbers. Elevated play components are approached above or below grade and are part of composite structures that provide a variety of play activities. 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. Minimum Number (16.1.1 & 16.1.2) The guidelines would require looking at play areas as a collection of individual play components to determine the minimum amount required to be accessible. Minimum requirements would be based on the number of ground level and elevated play components provided for a play area. There are two scoping criteria proposed for ground level play components. Access is required:  to at least one of each type, and  in a number equal to at least half the number of elevated play components provided. The same ground level components could be used to satisfy both provisions. At least half the number of elevated play components provided would be required to be accessible. Example: If a play area has 10 elevated structures and 3 types of ground level components, then at least 3 ground level components would need to be accessible so that access is provided to each type. Access to 2 additional ground level components also would be required for a total of at least 5 (50% of the number of elevated play components provided). Ramps (16.1.3) and Transfer Systems (16.1.4) The guidelines allow two methods of providing access to elevated play components: ramps and transfer systems. Design specifications are provided for each type. A transfer system provides a platform onto which children using wheelchairs can transfer. Transfer steps from the platform provide a means of access from the platform to play components. Generally, access can be provided by either method, although ramp access is required where play structures with 20 or more elevated play components are provided. Elevated Play Components Total Provided Ramp Access Ramp or Transfer System Systems Access ------------------ ----------------- ---------------------- less than 20 not required 50% min. 20 or more 25% min. 25% min. Technical Requirements for Play Components (16.1.5) The guidelines provide design criteria for play components considered essential for accessibility, including:  space for wheelchair maneuvering to and from the play component  wheelchair space at the play component  height of entry points or seats  provision of transfer supports (such as a grippable edge or some other means of support)  reach range heights for manipulative and interactive features of play components based on the age of the intended user group Age (years) High Reach(max.) ---------------------- --------------------- 2 through 5 36 inches 5 through 12 40 inches Low Reach (min.) ----------------------- 20 inches 18 inches Accessible Surfaces (16.1.6) The proposed guidelines tackle the tricky issue of providing surfaces at play components that are soft enough to limit injury from falls but that also are firm and stable enough for wheelchair maneuvering. The guidelines rely on two standards from the American Society for Testing and Materials (ASTM). For wheelchair access, surfaces would be required to be "firm, stable, and slip resistant" as specified in ADAAG and to meet an ASTM provisional standard (PS 83-97) which is based on a measurement of the physical effort to maneuver a wheelchair across a surface. Accessible surfaces within the use zone (the ground level area beneath and immediately adjacent to a play structure) would be required to be "impact attenuating" in compliance with ASTM F 1292 requirements for drop testing. Soft Contained Play Structures (16.2) Soft contained play structures are those fully enclosed play structures made of pliable materials such as plastic, netting, and fabric. Typically, the play experience is provided largely within the structure and includes elements such as ball pools, slides, climbing nets, and crawl tubes. The guidelines would require that an accessible route be provided to the entry points of each structure. Access by ramp, transfer system, or platform lift would be permitted. Rulemaking Update The play area rule is not the only rule on the Board's crowded agenda. So far in 1998, the Board has issued three final guidelines, proposed three others, and is at work on three more. Also, several notices have been proposed. Keeping track of the various rulemakings can be a challenge, including for us. Here's a status summary of the Board's rules and notices. Why all the rulemaking? The Board is responsible for developing and updating guidelines for facilities, vehicles, and telecommunication equipment under three different laws. Note that the Board's guidelines do not directly impact the public but instead serve as the basis for enforceable standards (which do) issued by other agencies, such as the Department of Justice (DOJ), the Department of Transportation (DOT), and the Federal Communications Commission (FCC). For a copy of published guidelines or notices, call the Board's toll-free line (publication codes shown below) or download them from our web site: www.access-board.gov. STATUS OF RULE OR NOTICE FINAL: Building Elements Designed for Children's Use (S30) Final guidelines published as amendments to the current ADAAG (1/13/98) Next Action: DOJ to update its ADA standards based on the Board's guidelines State & Local Government Facilities (S31) Final guidelines published as amendments to the current ADAAG (1/13/98) Next Action: DOJ to update its ADA standards based on the Board's guidelines Telecommunications Act Accessibility Guidelines (S34) Final guidelines published (2/3/98) Next Action: FCC to issue enforcing regulations based in part on the Board's guidelines. PROPOSED: Over-the-Buses (S21) Revised guidelines proposed (3/25/98) for public comment until 5/26/98; comments are under review. Next Action: Board and DOT to jointly publish final rule Play Areas (S35) Guidelines proposed (4/30/98) for public comment until 7/29/98 Next Action: After its review of comments, the Board will publish final guidelines Water Vessels Notice of intent to establish advisory committee published (3/30/98) Next Action: Board to publish notice on membership of advisory committee Detectable Warnings (S40) Notice to extend suspension 2 more years published (6/1/98) for public comment until 7/2/98 Next Action: Board to publish final notice jointly with DOJ and DOT after comments reviewed UPCOMING: ADAAG Review/ Federal Facilities/ Housing In March the Board decided to coordinate into one rule the revision of ADAAG, the update of guidelines for federally-funded facilities covered by the Architectural Barriers Act (ABA), and the update of housing guidelines. The Board plans to complete work on the text of this "3-in-1" rule at its September meeting. Next Action: Board to publish proposed rule for public comment Recreation Facilities The Board is completing work on proposed guidelines for recreation facilities (sports facilities, places of amusement, golf, and boating and fishing facilities). Next Action: Board to publish proposed rule for public comment Outdoor Developed Areas Regulatory negotiation is underway to develop proposed guidelines for public comment. Next Action: Board to publish proposed rule for public comment To order a copy of any Board rule or notice, call the Board's publication line at (800) 872-2253, select option 1 (TTY: (800) 993-2822) or download them from our web site at www.access-board.gov. Board to Launch Advisory Committee on Boat Access The Board is establishing an advisory committee on access to passenger vessels covered by the ADA. On March 30, 1998, a notice was published in the Federal Register requesting applications for representatives to serve on this committee. Applications re-ceived after the May 14, 1998, due date are being considered to the extent possible. The committee will explore ways to achieve access in view of various design considerations and make recommendations that the Board will use in proposing guidelines. Identifying the types of vessels to be addressed is also part of the committee's mission. A wide variety of vessels likely will be taken into consideration, from those used primarily for transportation, such as ferries, to those used for recreation or other purposes, such as gaming boats, cruise ships, and sightseeing boats. When guidelines for transit vehicles originally were issued under the ADA, the Board and the Department of Transportation (DOT) decided that further study was needed before guidelines could be developed for water vessels. The agencies sponsored a study that examined the impact of access to vessels and shore facilities. This and other research will provide information for this committee to consider. A notice announcing the appointment of members to the committee and its first meeting will be published in June. Although the size of the committee will be limited, there will be opportunities for the public to provide comment and information at committee meetings. Extension Proposed for Detectable Warning Suspension On June 1, 1998, the Board published a notice to extend the current suspension of detectable warning requirements for an additional two years, until July 26, 2000. Published jointly with the departments of Justice (DOJ) and Transportation (DOT), this notice is available for public comment until July 2, 1998. The current suspension, which applies to requirements in ADAAG 4.29 for detectable warnings at curb ramps, hazardous vehicular areas, and reflecting pools, otherwise will expire on July 26, 1998. Extending this suspension will allow the Board more time to substantively revisit the issue of detectable warnings in the upcoming revision of ADAAG. Wanted: Information on Acoustics The Board is seeking information on classroom acoustics in response to a petition the Board received for rulemaking on acoustical accessibility for children who are hard of hearing. Through a notice in the Federal Register, the Board is requesting information (relevant research, standards, data, test reports, analyses, and recommendations) on the acoustical performance of classrooms and related spaces used by children, although information on other occupancies will be considered as well. The Board will use this information to decide a course of action. Alternatives include rulemaking to supplement ADAAG, additional research, development of advisory materials, and technical assistance for design professionals. This notice is posted on the Board's web site; print copies can be ordered (specify publication C11). FCC Proposes Rule Under Telecommunications Act On April 20, 1998, the Federal Communications Commission (FCC) released proposed regulations to enforce section 255 of the Telecommunications Act of 1996. This section of the law requires access to telecommunications equipment and customer premises equipment where readily achievable. The proposed rule covers the process for filing complaints and addresses the role of the Board's guidelines in enforcement. In this notice, the FCC proposes to "accord the guidelines substantial weight" in developing these regulations. The FCC seeks comments on this approach and other aspects of the proposed rule. Copies of the proposed rule can be downloaded at www.fcc.gov/dtf/section255.html or ordered at (202) 857-3800, TTY (202) 293-8810. Comments are due by June 30, 1998. The notice provides instructions on the submission of comments, including those filed electronically. Comments will be available for inspection during regular business hours at the FCC, 1919 M Street, NW, Washington, D.C. 20554 or can be ordered at the above phone number. Reply comments are due by August 14, 1998. Accessible Pedestrian Signals: New Guidance Material Report Available A report, Accessible Pedestrian Signals, recently has been released that surveys available technologies and products for making pedestrian signals accessible to people with vision impairments. Funded in part by the Board, the report will be used to provide technical assistance on audible and vibrotactile pedestrian signals. The report explains the information needs of people with vision impairments at intersections and describes various signal technologies, such as speakers, vibrating hardware, and infrared transmitters. Guidance is provided on the functional characteristics of accessible pedestrian signals and on their installation. Product and information sources are also included. Consumer/Industry Committee Formed The National Committee on Uniform Traffic Control Devices plans to reference audible, vibrotactile, and related pedestrian signal devices in the upcoming revision of the Manual of Uniform Traffic Control Devices, which will be published in 2000. In order to provide transportation engineers with information on intersection analysis and technical specifications for accessible pedestrian signals, a joint industry/consumer committee has been formed to develop a technical assistance publication. Members of this committee include representatives from the Institute of Transportation Engineers, the Board, the Association for Education and Rehabilitation, the American Council of the Blind, and the Blinded Veterans Association. Other members may be recruited from pedestrian advocacy groups, transportation, traffic, and engineering organizations, and groups in the blindness field. Members of the committee will report early progress to the National Committee at its annual meeting in San Antonio, Texas on June 23, 1998. The committee seeks comments from the public on issues related to accessible pedestrian signals. For a copy of the APS report, request publication A37 on the Board's publication line; to provide comments to the committee, call the Board at ext. 32 or email them to aps@access-board.gov. Board Study on Toilet and Bathing Facility Access is Completed A Board-sponsored study on access to toilet and bathing facilities, conducted by the Veterans Administration's Rehabilitation Research and Development Center, was completed in April. The focus of this study was to identify design preferences and concerns among people with disabilities in the use of bathroom fixtures. The centerpiece of the project, a user survey, is notable for the eager participation among those surveyed. There was a 42% response rate that allowed almost 1,200 completed surveys to be included in the data analysis. The survey sought background information on the respondent (age, gender, and the type of disability and mobility aid used). Various designs of bathroom fixtures (toilets, showers, tubs, urinals), most of which were based on ADAAG requirements, were presented in the survey. Respondents were asked to rate their preferences and the degree of ease or difficulty in using such fixtures. Questions about transferring to toilets and shower or tub seats were included for people who use wheeled mobility aids. The data were categorized by people who are ambulatory and those who are not; the results were further subdivided by the type of mobility aid most frequently used. Respondents also were asked about any concerns or difficulties they have in using public restrooms. The two most common responses, each accounting for almost 40% of the total, concerned: 1) inadequate space in the room for entry or maneuvering and transfer; and 2) difficulty reaching certain elements at toilets, such as toilet paper dispensers and flush controls. There are some surprising results which may be attributable to what appear to be striking differences between people who use wheelchairs regularly and those who do not. According to the final report, Access to Toilet and Bathing Facilities, the "findings of the survey ... reinforce the need to perform laboratory testing with samples of mobility impaired individuals that are representative of the population as a whole." According to Jon Sanford, the project director, "We know very little about the new population' of people with mobility impairments, many of whom are older individuals who have different functional capabilities, transfer preferences, and needs than their younger counterparts." The report identifies specific questions that future research should address. The Board will explore further such research in collaboration with other agencies and organizations. For more information, contact the Board at (202) 272-5434 (ext. 27), TTY (202) 272-5449. Board Soon to Publish ADAAG Manual Ever wondered how to determine the minimum room size for an ADAAG-compliant toilet room? Or why only certain types of signage are required by ADAAG to be tactile? Have you received answers to these or other ADAAG questions on the Board's technical assistance line that you wished were readily available on paper? If so, a resource is close at hand: The ADAAG Manual. Developed by the Board, this interpretative guide will clarify ADAAG requirements and explain their rationale in an effort to address commonly asked questions. Recommendations for good practice that are advisory in nature also will be included. The content will be similar to the series of technical bulletins covering certain ADAAG sections that the Board has issued. The manual, however, will cover all ADAAG sections. The manual will be published and sold through the Government Printing Office (GPO) and should be available in July. GPO has indicated a likely cover price of $20. A substantial discount will be offered for bulk printing orders submitted with the Board's order. The Board plans to go to press by late June. If interested in a bulk order, contact the Board at (202) 272-5434 (ext. 27), TTY (202) 272-5449. Additional information on the manual and how to order individual copies will be included in the next issue of Access Currents. ADAAG Training Where We'll Be This Summer Board staff travel frequently to provide ADAAG training to firms, associations, and other groups. While on the road, we look for opportunities to meet with other audiences or to visit accessible facilities nearby. If you would like to schedule or recommend a visit, contact the Board at (202) 272-5434 (ext. 32), TTY (202) 272-5449, or email us at training@access-board.gov. Here's where we're scheduled to be this summer: June 5 Rocky Mountain DBTAC training, Colorado Springs, CO 10 NeoCon, Chicago, IL 10 EPVA Accessibility Seminar, Albany, NY 13 SHHH Annual Convention, Boston, MA 15 HOK Corporate staff briefing, St. Louis, MO 16 Great Lakes DBTAC training, St. Louis, MO 17 AIA Iowa, Des Moines, IA 17 International Play Equipment ManufacturersAssociation, Conshohocken, PA 18-21 Designing for the 21st Century, Long Island, NY 23 National Committee on Uniform Traffic Control Devices, San Antonio, TX 29-30 Association for Access Engineering/RESNA, Minneapolis, MN July 9 Maryland Department of Housing and Community Development, Catonsville, MD 10 NAD Convention, San Antonio, TX 28 DC Design Center/Merchandise Mart, Washington, DC August 3-5 Harvard University, Boston, MA September 8-11 ProBike ProWalk 98, Santa Barbara, CA 10 GSA & Access Board ABA training, Washington, DC 16 Southwest DBTAC training, Houston, TX 17 Governor's EEO Conference, Frankfort, KY 23-26 National Recreation and Parks Association, Miami, FL DBTACs 1-800-949-4232 (voice or TTY) Disability and Business Technical Assistance Centers (DBTACs), a series of ADA resource centers, are a great source for information and training on the ADA and ADAAG. There are ten centers across the country, each serving a regional collection of states. The Board frequently joins the DBTACs in various training events. Calling the above toll-free number automatically connects you to the center serving your area. If you need information on the ADA, the DBTACs offer "one-stop" shopping since they make available most information from Federal agencies involved with the ADA. Supreme Court Hears ADA Prison Case The Supreme Court heard arguments in Ronald R. Yeskey vs. Commonwealth of Pennsylvania Department of Corrections on April 28, 1998. The Yeskey case involves the application of the ADA to correctional programs. Ronald Yeskey, once a state prison inmate who was denied admission to a motivational boot camp program due to a history of hypertension, had filed suit alleging that his exclusion from the program violated the ADA. The U.S. District Court ruled that the ADA did not apply to state prisons and dismissed his complaint. Yeskey appealed that decision, and the U.S. Court of Appeals for the 3rd Circuit reversed the lower court, holding that the ADA did apply to state prison programs. It expressed agreement with another appeals court's opinion that "[r]ights against discrimination are among the few rights that prisoners do not park at the prison gates." The State of Pennsylvania appealed this decision to the U.S. Supreme Court. In oral arguments before the Supreme Court, the State of Pennsylvania argued that prison administration was a unique "core" state function and that the ADA did not expressly provide that such a function was covered. The justices, however, noted that the law applied to "services, programs, or activities of a public entity," and further questioned why the law should not apply to prison inmates when even the State of Pennsylvania conceded that it applied to prison employees and visitors. Throughout the oral arguments, it was apparent that the State of Pennsylvania's main concern was the potential for litigation that may occur whenever a prison official denies an inmate's request for accommodation. The justices, however, stressed that the application of the ADA must be a reasonable one and compared the prohibition against discrimination based on disability to that of discrimination based on race under Title VI of the Civil Rights Act of 1964. A decision will be handed down by July. United States Architectural and Transportation Barriers Compliance Board 1331 F Street, N.W., Suite 1000 Washington, DC 20004-1111 :