UPDATE

The Federal Governments Effort to Create Design Guidelines for Access in Illinois Recreation Facilities and Outdoor Developed Recreation Areas

by John N. McGovern, J.D., C.T.R.S.

BACKGROUND

Many of the more than 400 units of state and local government and many of the thousands of businesses and nonprofit organizations across Illinois offer recreation programs or services, or offer leisure opportunities in recreation facilities or areas. Most have made efforts to ensure that these services are available to people with disabilities as equally as they are available to people without disabilities.

Generally, program and service access can be attained by changing rules or policies, providing additional training to current staff, and in some instances, providing additional staff. Many park districts and special recreation associations are making this happen today. Access to new facilities and areas is accomplished by designing and constructing these sites so that they are free of architectural barriers. For the most part, park districts have complied with access requirements for typical structures such as buildings.

Related to this is the current law of the land, as found in the Americans Wth Disabilities Act (ADA). This sweeping civil rights legislation, signed in 1990 and effective in 1992, prohibits discrimination solely because of disability in the provision of recreation opportunities. The ADA has several requirements for the construction of new facilities, intended to ensure that new sites will be accessible to and usable by people with disabilities. However, disability advocates, park district officials, designers, and others all agree that the problem here is the lack of an enforceable design standard which specifically addresses the types of facilities and areas in which leisure services are provided.

FEDERAL RESPONSE

The Access Board is the federal agency responsible for the creation of design guidelines for accessibility. Under the provisions of the ADA, the Access Board was charged with the development of guidelines for new general construction and new construction in the recreation environment. The Access Board is an agency governed by a board of twenty-five people, 12 of whom represent federal agencies, and 13 of whom are members of the public appointed by the President of the United States. Kathleen Parker of Northbrook, a businesswoman and Republican candidate for the Illinois General Assembly this fall, serves on the Board.

On July 26, 1991, the Access Board released ADAAG (the Americans With Disabilities Act Accessibility Guidelines for Buildings and Facilities) to accompany other rules regarding the ADA. ADAAG is intended for the typical built environment, such as bathrooms, offices, cafeterias, and sets forth design requirements for the elements within these environments.

ADAAG does not address the design of ice rinks, swimming pools, equestrian facilities, golf courses, amusement parks, or the many other types of recreation facilities managed by park districts in Illinois. To gain information and advice about these environments, the Access Board appointed a federal advisory committee.

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The Access Board plans to publish the Committee report in the Federal Register, not later than September 30, 1994. The reason for publishing the report is to get the Committee recommendations out to the public, and invite comment from advocates, people with disabilities, manufacturers, park district officials, and designers.

WORK OF THE ADVISORY COMMITTEE

Appointed in June 1993, the Recreation Access Advisory Committee has investigated the requirements for access in a range of recreation facilities and areas. Focusing its work on requirements for the design and construction of new sites, and the requirements an existing site must meet when undergoing alternation, the Committee has examined design for access in the following manner.

1. What design elements are used by any patron, with or without a disability, in leisure settings?

2. Does ADAAG adequately address each design element?

3. If not, can ADAAG provisions be changed to address each element?

4. If change to existing ADAAG provisions is inadequate, what new technical requirement and scoping provisions are necessary for elements in leisure settings?

The Committee is a diverse group. Twenty- seven individuals were appointed, representing federal agencies such as the Corps of Engineers, the Park Service, and the Forest Service; disability groups such as the Paralyzed Veterans of America, Disabled American Veterans, and the National Council for Independent Living; membership associations such as the Golf Course Superintendents Association of America, International Association of Amusement Parks and Attractions, Professional Golfers Association, and the American Society of Landscape Architects; and a number of designers, engineers, and other interested persons. The National Recreation and Park Association is represented on the Committee by John McGovern, Executive Director of the Northern Suburban Special Recreation Association in Northfield, Illinois.

The Committee has worked closely with other industry committees or organizations, relying on work done by these groups. These groups include a lot of Illinois professionals. These other groups include ANSI committee addressing ski area design issues, the ASTM Public Playground Safety Committee (which includes Ken Kutska of The Wheaton Park District, Steve Plumb of the Elmhurst Park District, Tom Kalousek of the Rock- ford Park District, Brian Huckstadt of the Rolling Meadows Park District, and Marv Wolf of the Addison Park District), The ASTM Soft Contained Play System Committee, the ASTM Playground Surfacing work group, the ASTM Amusement Ride Safety Committee, and the Golf Forum.

To help become familiar with a very broad scope of environments, a member of the Access board served as a liaison to the Committee, attending meetings and providing input. This Board member, Craig Kiser, was recently elected Chair- Elect, and will preside over the Access Board during the rule making process. In addition, nearly two hundred other professionals and advocates gave comment, attended meetings, or worked on Committee projects. These included John Vann, Superintendent of Parks for the Westmont Park District; Larry Reiner, Director of the Northeast DuPage Special Recreation Association in Addison; Elaine Sherman, an officer with Parity, Inc.; and others.

WORK IN SUBCOMMITTEES

The Committee divided members into six subcommittees. The subcommittee were made up of people with expertise in the subject being addressed by the subcommittee. The subcommittees are:

1. Golf;

2. Play Area Settings (playgrounds);

3. Places of Amusement;

4. Outdoor Developed Recreation Areas;

5. Sports Facilities; and

6. Recreational Boating & Fishing.

Each subcommittee has prepared a report which makes recommendations regarding new construction within its subject area. Some of the subcommittees have also addressed alterations to existing sites within their recommendations, although most did not have time to adequately address this issue. None of the recommendations are intended to apply to existing sites, unless those sites are changed by an addition or an alteration.

The subcommittees have identified a number of areas where further research is needed before a firm recommendation can be made. For example, the height for ski area chair lifts needs to be set after an examination of safety and access issues. In addition, some subcommittees were unable to address all possible types of recreation settings within the subcommittee purview. For example, the relatively new soft contained play systems were not thoroughly addressed by the Play Area Settings subcommittee.

The Committee report on these six subject areas will be presented to the members of the Access Board on July 13, 1994.

WHAT HAPPENS NEXT?

The Access Board plans to publish the Committee report in the Federal Register, not later than September 30, 1994. The reason for publishing the report is to get the Committee recommendations out to the public, and invite comment from

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advocates, people with disabilities, manufacturers, park district officials, and designers.

The Access Board has appointed a small work group to begin dissecting the report and preparing a proposed rule for the design of new recreation facilities and outdoor developed recreation areas. This group will weigh carefully the feedback from the public regarding the Committee report.

At the NRPA Congress in Minneapolis, there will be two sessions devoted to the recommendations of the Committee. One will address playgrounds only and will occur as part of the Playground Safety Institute. The second will review the recommendations of the Committee in the remaining five subject areas of golf, places of amusement, boating and fishing, sports facilities, and developed outdoor recreation areas.

Sometime in late 1995, the Access Board will publish a proposed rule on this subject. Public comment will again be invited, through a 90-day comment period. Regional public hearings may be held, inviting written and oral comment about the proposed rule.

Also during this time, a "regulatory assessment" will be conducted. Formerly known as a regulatory impact analysis, this report measures the anticipated cost of compliance for park districts subject to the proposed rule requirements. Comment is invited on this report as well, giving a forum to those in the parks and recreation profession who are rightly concerned about the cost of compliance, in light of the tax climate in Illinois and elsewhere.

Access Board officials will review all comments and prepare a final rule. The final rule should be published in late 1996. This rule will establish the design requirements for new recreation facilities and outdoor developed recreation areas, and for alterations to existing recreation environments.

OPPORTUNITY

¦ A unique opportunity is presented to park districts in Illinois. On at least three occasions, the federal government will ask for our feedback regarding the development of a design standard. We must be ready to comment.

In 1991, when the Department of Justice invited comment regarding the proposed rules for the implementation of the Americans With Disabilities Act, only 63 out of more than 83, 000 state

¦ or local government entities responded. This is embarrassing. In late 1992, when the Access Board published a proposed rule with design requirements for structures unique to state and local government, such as jails and sidewalks, around 400 entities responded. That is better than 63, but still woefully inadequate.

Our national organization, both IPRA and IAPD, PDRMA, and many, many other local agencies should comment on the Committee report, the proposed rule, and the regulatory assessment. In addition, affiliates such as MIPE should comment.

Start thinking now. Be prepared to review the Committee report this summer and take a position. Gather a review group at your agency or in your association. Its a guarantee that the private sector leisure providers and the disability advocates will comment. These regulations will shape construction, development, and alterations in Illinois parks and leisure facilities for the next thirty years. Don't let this opportunity pass us by.

John McGovern is the Executive Director of the Northern Suburban Special Recreation Association (NSSRA) in Northfield. Illinois. NSSRA is a partnership of twelve suburban Chicago communities, providing recreation for people with disabilities who live in the partner communities. McGovern represented NRPA on the Recreation Access Advisory Committee and served as Chair of the Committee.*

Be prepared to review the Committee report this summer and take a position... These regulations will shape construction, development, and alterations in Illinois parks and leisure facilities for the next thirty years.

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