Proposed ADA Guidelines for Recreational Facilities
 
September 1, 1999
 
Susan L. Voss- Washington

Hoteliers, golf course operators, community developers, and other owners and managers of "public accommodations" may be heavily affected by the proposed guidelines for new construction and alteration of all types of recreational facilities published by the Architectural and Transportation Barriers Compliance Board on July 9, 1999. The proposed Guidelines cover swimming pools, wading pools, spas, golf courses and miniature golf, sports facilities (fitness centers, saunas, facilities for court sports and field sports, bowling, etc.), boating facilities, fishing, and even amusement rides. Some recreational facilities such as skiing have not been included, but will be proposed in the future. Comments are due by December 8, 1999.

The proposed Guidelines are the result of several years of research, meetings and recommendations. In 1993, a Recreation Access Advisory Committee was appointed to recommend standards for recreational facilities. In July 1994, the Advisory Committee published its recommendations to the Board, based on the recommendations of members who are experts in their field. The Board published an Advance Notice of Proposed Rule Making in September 1994.

The first proposed Guidelines, regarding play areas, were published in April 1998; the final rules have not yet been published. Guidelines regarding outdoor developed areas such as picnic areas, campgrounds and trails are anticipated to be published in the fall of 1999.

Scope. The proposed rules affect new construction of recreational facilities. They do not address existing buildings and facilities unless they are altered. One of the major deficiencies is that the proposed Guidelines do not address alterations as they relate to recreational facilities. The Regulations define an alteration as follows:

. . . a change to a place of public accommodation or a commercial facility that affects or could affect the usability of the building or facility or any part thereof. . . Alterations include "remodeling, renovation, rehabilitation, reconstruction, historic restoration, changes or rearrangement in structural parts or elements, and changes or rearrangement in the plan configuration of walls and full-height partitions. Normal maintenance, re-roofing, painting or wallpapering, asbestos removal, or changes to mechanical and electrical systems are not alterations unless they affect the usability of the building or facility."

It is unclear how this definition will apply to a golf course or a tennis court. The proposed Guidelines merely refer to Section 4.1.6 of the 1991 ADA Accessibility Guidelines (ADAAG), stating, "Generally, each altered element and space is required to comply with new construction technical specifications unless technically infeasible." The only other discussion of alterations is in the form of a request for general comments.

Swimming Pools. Based on a research project, the proposed Guidelines cover both entry to and exit from the water. It is important to note that the requirements differ for pools with less than 300 linear feet of swimming pool wall and those with 300 feet or more. (The Board found that most commercial swimming pools have less than 300 linear feet of pool wall.) Swimming pools with less than 300 linear feet of swimming pool wall are only required to have one means of access, which must be either a lift or a sloped entry.

Wading Pools. At least one accessible means of entry is required for wading pools; however, the range of acceptable means of entry is broader - including a transfer wall or transfer system in addition to a sloped entry. It should be noted that one of the areas of requested comment is whether wading pools should be excluded from the Guidelines because some systems of access may be hazardous to children.

Spas. At least one accessible means of entry into spas by means of a lift, transfer wall, or transfer system is required.

Golf. The proposed Guidelines cover both 9- and 18-hole golf courses. Fortunately, the golf subcommittee felt that the requirements in ADAAG for an accessible route would be impractical on a golf course. However, an accessible route is required to connect all course elements from a golf car path or a golf car parking area. An accessible route located within the boundary of a golf course is required to connect to the bag drop areas, accessible teeing grounds, and putting greens.

Rather than use the term "golf car path" which indicates a paved surface, the proposed Guidelines use the term "golf car passage," which is defined as "[A] continuous passage on which a motorized golf car can operate." The Preamble expands on this:

The Board recognizes that not all golf courses provide golf cars or golf car passages. However, by requiring a course to be designed and constructed to allow for golf car travel between accessible elements and spaces on a course, individuals who bring their own golf car or use those provided at a course, will have the opportunity to play the game of golf. On most courses where golf cars are not provided, paths for maintenance vehicles often exist which could support golf car passages and generally connect many of the elements and spaces required to be accessible.

The proposed Guidelines require "teeing grounds" to be "accessible." (A teeing ground is defined as "the starting place for a hole to be played.") An "accessible teeing ground" must have a minimum clear area of 10 ft. by 10 ft. and must be designed and constructed so that a golf car can enter in a forward direction and maneuver in the teeing ground. If there is only one teeing ground, it must be accessible. If there are two or more, at least two must be accessible.

Sports Facilities and Exercise Equipment. The section on sports facilities covers everything from fitness centers and bowling to court sports such as tennis, volleyball and basketball. At least one of each type of exercise equipment and machine is required to have clear floor space complying with ADAAG's specifications for clear floor or ground space for wheelchairs and there must be an "accessible route" to each machine.

Although the Guidelines are quite brief, the impact on recreational facilities is substantial. The requirements for new construction are clear; however, there is little or no explanation regarding altered facilities. Even though it may be some time before a final rule is published and becomes effective, it is important to comment now on areas of concern. As noted above, comments are due by December 8, 1999. A public hearing was held in August in Dallas and another is scheduled for November 17th in Boston. Public comments will be available from the Board; however, it is unlikely that many comments will be received prior to the due date. Holland & Knight attorneys are available to assist in submitting comments.

For more information, contact Susan Voss at 202-828-5006 or svoss@hklaw.com.