[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]]

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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 <a href="/cdn-cgi/l/email-protection#a3d3cfc2dae3c2c0c0c6d0d08ec1ccc2d1c78dc4ccd5"><span class="__cf_email__" data-cfemail="dcacb0bda59cbdbfbfb9afaff1beb3bdaeb8f2bbb3aa">[email protected]</span></a>. 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: <a href="/cdn-cgi/l/email-protection#9dfaeff8f8f3eaf8f1f1ddfcfefef8eeeeb0fff2fceff9b3faf2eb"><span class="__cf_email__" data-cfemail="b2d5c0d7d7dcc5d7dedef2d3d1d1d7c1c19fd0ddd3c0d69cd5ddc4">[email protected]</span></a>.

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 (<a href="http://www.access-board.gov/
rules/playfac.htm">http://www.access-board.gov/
rules/playfac.htm</a>).

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.<SUP>1</SUP> 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.<SUP>2</SUP>
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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).<SUP>3</SUP>
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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:
    <bullet> be based on children's anthropometric dimensions and other 
resource information;
    <bullet> be based on children with disabilities using a variety of 
assistive devices;
    <bullet> provide opportunity for use by children who have a variety 
of abilities;
    <bullet> support social interaction and encourage integration;
    <bullet> create challenge, not barriers;
    <bullet> maintain safety consistent with ASTM requirements;
    <bullet> be reasonable in terms of cost relative to benefit;
    <bullet> be based on independent use, as much as possible;
    <bullet> address access for parents and care givers;
    <bullet> 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
    <bullet> 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).<SUP>4</SUP> 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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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. 
<SUP>5</SUP> 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. <SUP>6</SUP> 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).
---------------------------------------------------------------------------

    (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. <SUP>7</SUP> 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. <SUP>8</SUP>
---------------------------------------------------------------------------

    \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. <SUP>9</SUP> 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. <SUP>10</SUP> 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. <SUP>11</SUP> 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. <SUP>12</SUP>
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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. 
<SUP>13</SUP> 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. 
<SUP>14</SUP> 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.
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    \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.<SUP>15</SUP> 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.<SUP>16</SUP> 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).
---------------------------------------------------------------------------

    (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.<SUP>17</SUP> 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.<SUP>18</SUP> 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.<SUP>19</SUP> 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.<SUP>20</SUP>
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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.<SUP>21</SUP> 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.<SUP>22</SUP>
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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.<SUP>23</SUP> 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.<SUP>24</SUP>
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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).
---------------------------------------------------------------------------

    (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.<SUP>25</SUP> 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.<SUP>26</SUP> 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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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.<SUP>27</SUP> 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.
---------------------------------------------------------------------------

    \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


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