24080 Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 / Proposed Rules

1The 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.

2The 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).

3The 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).

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.

SUMMARY: The Architectural and

Transportation Barriers Compliance

Board (Access Board) proposes to

amend the Americans with Disabilities

Act Accessibility Guidelines (ADAAG)

by adding a special application section

for play areas. The section was

developed by a regulatory negotiation

committee composed of persons who

represent interests affected by

accessibility guidelines for play areas.

The section would ensure that newly

constructed and altered play areas are

readily accessible to and usable by

children with disabilities.

DATES: Comments should be received by

July 29, 1998.

The Access Board will hold a public

hearing on the proposed guidelines on

Wednesday, June 3, 1998 from 8:30 a.m.

to 5:30 p.m.

ADDRESSES: Comments should be sent to

the Office of Technical and Information

Services, Architectural and

Transportation Barriers Compliance

Board, 1331 F Street NW., suite 1000,

Washington, DC 20004–1111. Fax

number (202) 272–5447. To facilitate

posting comments on the Board’s

Internet site, commenters are requested

to submit comments in electronic

format, preferably as a Word or

WordPerfect file, either by e-mail or on

disk. Comments sent by e-mail will be

considered only if they include the full

name and address of the sender in the

text. E-mail comments should be sent to

play@access-board.gov. Comments will

be available for inspection at the above

address from 9:00 a.m. to 5:00 p.m. on

regular business days.

The public hearing will be held at the

Westin Hotel, 1672 Lawrence Street in

Denver, Colorado. Interested members

of the public may contact the Board at

(202) 272-5434 ext. 18 or (202) 272–

5449 (TTY) to preregister to give

testimony or may register on the day of

the hearing.

FOR FURTHER INFORMATION CONTACT:

Peggy Greenwell, Office of Technical

and Information Services, Architectural

and Transportation Barriers Compliance

Board, 1331 F Street, NW., suite 1000,

Washington, DC, 20004–1111.

Telephone number (202) 272–5434

extension 34 (Voice); (202) 272–5449

(TTY). E-mail address:

greenwell@access-board.gov.

SUPPLEMENTARY INFORMATION:

Availability of Copies and Electronic

Access

Single copies of this publication may

be obtained at no cost by calling the

Access Board’s automated publications

order line (202) 272–5434, by pressing

1 on the telephone keypad, then 1 again,

and requesting publication S–35 (Play

Areas Notice of Proposed Rulemaking).

Persons using a TTY should call (202)

272–5449. Please record a name,

address, telephone number and request

publication S–35. This document is

available in alternate formats upon

request. Persons who want a copy in an

alternate format should specify the type

of format (cassette tape, Braille, large

print, or computer disk). This document

is also available on the Board’s Internet

site (http://www.access-board.gov/

rules/playfac.htm).

Background

The Architectural and Transportation

Barriers Compliance Board (Access

Board) is responsible for developing

accessibility guidelines under the

Americans with Disabilities Act of 1990

(ADA) to ensure that new construction

and alterations of facilities covered by

titles II and III of the ADA are readily

accessible to and usable by individuals

with disabilities.1 The Access Board

initially issued the Americans with

Disabilities Act Accessibility Guidelines

(ADAAG) in 1991 (36 CFR part 1191,

Appendix A). ADAAG consists of

general sections (ADAAG 1 to 4) that

apply to all types of buildings and

facilities, and special application

sections (ADAAG 5 to 12) that contain

additional requirements for certain

types of buildings.2

Under the ADA, the Department of

Justice is responsible for issuing

regulations to implement titles II and III

of the Act. The regulations issued by the

Department of Justice must include

accessibility standards for newly

constructed and altered facilities

covered by titles II and III of the ADA.

The standards must be consistent with

the accessibility guidelines issued by

the Access Board. The Department of

Justice has adopted ADAAG as the

Standard for Accessible Design for title

III of the ADA. (28 CFR part 36,

Appendix A).3

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
Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 / Proposed Rules 24081

accessibility guidelines for those

features.

The Access Board published an

Advance Notice of Proposed

Rulemaking (ANPRM) in September

1994 requesting public comment on the

RAAC’s recommendations. 59 FR 48542

(September 21, 1994). The public

comments expressed support for many

of the RAAC’s recommendations.

However, the public comments also

revealed a lack of consensus on some

major issues regarding play areas among

interests that potentially would be

affected by accessibility guidelines for

those facilities. Consequently, the

Access Board decided to develop a

special application section for play

areas through regulatory negotiation.

Regulatory negotiation is a supplement

to the traditional rulemaking process

that allows for face-to-face negotiations

among representatives of affected

interests, including the agency, with a

goal of arriving at a consensus decision

on the text of a proposed rule. The

proposed rule is then published in the

Federal Register and the public has an

opportunity to comment. Based on

public comments received, the final rule

may differ from the proposed rule.

The regulatory negotiation committee

on accessibility guidelines for play areas

was established in March 1996. A notice

of intent to form a regulatory negotiation

committee was published in the Federal

Register on December 22, 1995 (60 FR

66537). This notice proposed a

committee membership and requested

comments on the establishment of the

committee and the proposed

membership. The final membership of

the committee included:

American Society of Landscape

Architects

ASTM Public Playground Committee

(F15.29)

ASTM Soft Contained Play Committee

(F15.36)

ASTM Playground Surfacing Systems

Committee (F 08.63)

International Play Equipment

Manufacturers Association

National Association of Counties

National Association of Elementary

School Principals

National Child Care Association

National Council on Independent

Living

National Easter Seal Society

National League of Cities

National Parent-Teacher Association

National Recreation and Park

Association

Spina Bifida Association of America

TASH

United Cerebral Palsy Associations

U.S. Access Board

The committee met seven times

between March 1996 and July 1997 as

a full committee. In addition, several

workgroups met to gather information or

develop recommendations for the full

committee. Committee members sought

input from the public on issues related

to accessibility in play areas. The

meetings were held in different

locations across the country and were

attended by over 250 members of the

public. A formal public comment period

was held at the end of each day of the

full committee meetings. In August

1996, the committee met in the suburbs

of Minneapolis, Minnesota. As a part of

this meeting, the committee participated

in a day long tour of playground sites,

representing the various elements under

discussion by the committee. In October

1996, the committee met in conjunction

with the National Recreation and Park

Association Annual Congress. This

meeting was attended by over 100

members of the public. All committee

meetings were facilitated by the Federal

Mediation and Conciliation Service. An

interest based model of negotiation was

used during the negotiations.

The committee began its deliberations

examining available information related

to providing access for children with

disabilities in play areas. The committee

relied heavily upon three documents:

the Recreation Access Advisory

Committee (RAAC) Recommendations

for Accessibility Guidelines:

Recreational Facilities and Outdoor

Developed Areas (July 1994), the ASTM

F 1487–95 Public Playground

Equipment Safety Standard, and the

Recommendations for Accessibility

Standards for Children’s Environments

Technical Report (July 1992). This

technical report was based on a research

project conducted for the Access Board

by the National Center on Accessible

Housing, North Carolina State

University.

The committee identified basic

principles to guide its negotiations. The

committee agreed that accessibility

guidelines should:

• be based on children’s

anthropometric dimensions and other

resource information;

• be based on children with

disabilities using a variety of assistive

devices;

• provide opportunity for use by

children who have a variety of abilities;

• support social interaction and

encourage integration;

• create challenge, not barriers;

• maintain safety consistent with

ASTM requirements;

• be reasonable in terms of cost

relative to benefit;

• be based on independent use, as

much as possible;

• address access for parents and care

givers;

• provide access to elevated

structures (additional ground level

accessible play components may be

required, depending on the type of

vertical access provided to elevated

structures); and

• provide advisory information in an

understandable format to assist

designers, operators, and owners, to

effectively incorporate access into their

designs.

The committee reached consensuses

on the accessibility guidelines for newly

constructed and altered play areas

covered by the ADA. Committee

members represented the diverse

interests of those affected by this

rulemaking, including persons with

disabilities, owners and operators of

play areas, State and local governments,

designers, manufacturers, and voluntary

standards groups. Where safety, cost,

and access interests conflicted,

consensus was difficult. Committee

members explored many approaches

and compromised in many areas to

reach agreement on minimum

accessibility guidelines for play areas.

The proposed accessibility guidelines

for play areas include requirements for

accessible play components with

interactive manipulative features to be

within certain reach ranges (16.1.5.3

Reach Ranges). Examples of

manipulative or interactive features of a

play component include the opening of

a talk tube or the letters of a tic-tac-toe

board. The committee considered it

important for children with disabilities

to reach these features to use the play

component fully. The committee used a

modified version of the dimensions for

reach ranges that were included in the

proposed accessibility guidelines for

children’s facilities, which were

available during the committee’s

deliberations. (61 FR 37964, July 22,

1996). Final guidelines for building

elements designed for children’s use

were issued after the committee’s

deliberations. (63 FR 2060, January 13,

1998.) Those final guidelines include

reach range specifications for children

of various age groups in the appendix as

advisory information for designers to

use where appropriate. This flexibility

was incorporated into the final

guidelines since it is not always clear

which building elements are used

primarily by children and should be

within these reach ranges. In a play

area, however, play components are

designed specifically for use by

children. Therefore, the proposed

accessibility guidelines for play areas
24082 Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 / Proposed Rules

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.
Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 / Proposed Rules 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%
24084 Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 / Proposed Rules

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.
Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 / Proposed Rules 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.
24086 Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 / Proposed Rules

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.
Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 / Proposed Rules 24087

4Copies 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.

16.1.5.5 Transfer Supports

Similar to the requirement for the

transfer platform and transfer steps, this

section requires a means of support for

transferring to be provided. Where an

accessible play component requires

transfer to the entry point or seat, such

means may consist of a gripable edge of

the play component or some other

element that provides a means of

support. Transfer supports are also

important to support the effort involved

in moving from a wheelchair or assistive

device to an accessible play component.

(See Question 2.)

16.1.6 Accessible Surfaces

16.1.6.1

This provision requires accessible

surfaces located within play areas at

ground level to comply with ADAAG

4.5.1 and this section. Surfaces within

the play area that are required to be

accessible must be firm, stable, and slip

resistant and also meet the requirements

of the ASTM PS 83 (Provisional

Standard Specification for

Determination of Accessibility of

Surface Systems Under and Around

Playground Equipment).4 The Board

will request approval to incorporate by

reference ASTM PS 83 in these

guidelines from the Director of the

Office of the Federal Register prior to

publication of the final guidelines.

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
24088 Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 / Proposed Rules

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-bysection 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
Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 / Proposed Rules 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
24090 Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 / Proposed Rules

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. Nonparticipating 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
Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 / Proposed Rules 24091

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).

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).

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).

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).

15Executive Office of the President, Office of

Management and Budget, Standard Industrial

Classification Manual (1987) (SIC 5812).

16U.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).

17Executive Office of the President, Office of

Management and Budget, Standard Industrial

Classification Manual (1987) (SIC 5941).

18U.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).

Small Business Administration may

provide additional criteria by which a

concern may be determined to be a

small business concern.

There are 10 industry categories

established by the Small Business

Administration which are applicable to

these guidelines. However, as discussed

below, many of the categories noted are

overbroad in the inclusion of potential

businesses affected by these proposed

guidelines and accordingly the number

of potential business provided in the

census data is higher than the actual

estimate. For example, in the category of

landscape counseling and planning

services, only those businesses which

are engaged in designing play areas

would be impacted by the provisions

proposed in these guidelines. Similarly,

in the category of amusement parks and

kiddie parks, these guidelines would

apply to play areas in those facilities,

but do not address mechanical rides,

refreshment stands or picnic grounds.

Additional examples are discussed in

the list of categories of businesses

potentially affected by the guidelines

which follows:

(1) Establishments primarily engaged

in the manufacturing of sporting and

athletic goods. This category would

include gymnasium and playground

equipment; golf and tennis goods;

baseball, football, basketball and boxing

equipment; fishing tackle; roller skates

and ice skates; billiard and pool tables;

and bowling alleys and equipment. 5

These establishments are considered to

be small businesses if they have 500 or

less employees. (See 13 CFR 121.201.)

Census data indicates that there are

2,115 such entities, of which 98% or

2,064 are considered small businesses. 6

However, because these guidelines are

limited to equipment manufactured for

play areas, this category is over

inclusive and many of the

manufacturers included in the census

data for this class would not be

impacted by these guidelines.

(2) Establishments primarily engaged

in child day care services. This would

include the care of infants or children,

or providing prekindergarten education,

where medical care or delinquency

correction is not a major element. These

establishments may or may not have

substantial educational programs. They

generally care for prekindergarten or

preschool children, but may care for

older children when they are not in

school. 7 These establishments are

considered to be small businesses if

they have $5 million or less in annual

receipts. (See 13 CFR 121.201.) Census

data indicates that there are 43,449 such

establishments, of which 99% or 43,321

are small business concerns. 8

(3) Elementary and secondary

schools. This would include elementary

and secondary schools furnishing

academic courses, ordinarily for

kindergarten through grade 12. Included

in this industry are parochial schools

and military academies furnishing

academic courses for kindergarten

through grade 12, and secondary

schools which furnish both academic

and technical courses. 9 With respect to

private schools, these establishments are

considered to be small businesses if

they have $5 million or less in annual

receipts. (See 13 CFR 121.201.) Census

data indicates that there are 16,646

elementary or secondary schools which

are private or military establishments, of

which 91% or 13,341 are small business

concerns. 10 Because these guidelines

address play areas, typically only the

elementary schools, and not secondary

schools, included in the census data

would be impacted. With respect to

public schools, there are 60,052

elementary public schools. 11 However,

only those elementary schools operated

by government entities with populations

of less than 50,000 are considered small

entities for purposes of the RFA. 12

(4) Civic, Social, and Fraternal

Associations. This category would

include organizations engaged in civic,

social or fraternal activities. 13 These

establishments are considered to be

small businesses if they have $5 million

or less in annual receipts. (See 13 CFR

121.201.) Census data indicates that

there are 39,962 such establishments, of

which 99% or 39,883 are small business

concerns. 14 However, many of the

entities identified in the category and

included in the census data would not

be impacted by these guidelines. For

example, this category includes booster

clubs, citizens’ unions, university clubs,

tenant associations and other such

organizations. Only those entities such

as parent-teacher associations or

community groups which might be

engaged in providing play facilities

would be impacted by the guidelines.

(5) Eating places. This would include

establishments primarily engaged in the

retail sale of prepared food and drinks

for on-premise or immediate

consumption. Caterers and industrial

and institutional food service

establishments are also included in this

industry.15 These establishments are

considered to be small businesses if

they have $5 million or less in annual

receipts. (See 13 CFR 121.201.) Census

data indicates that there are 262,563

such establishments, of which 98% or

256,281 are small business concerns.16

As with previous categories, not all of

the businesses identified in this

category will be impacted by these

proposed guidelines. Only those eating

places which provide play areas for

patrons such as fast serve restaurants

will be affected by the guidelines.

(6) Sporting goods stores and bicycle

shops. This category includes

establishments primarily engaged in the

retail sale of sporting goods, sporting

equipment, and bicycles, bicycle parts,

and accessories.17 These establishments

are considered to be small businesses if

they have $5 million or less in annual

receipts. (See 13 CFR 121.201.) Census

data indicates that there are 20,345 such

establishments, of which 99% or 20,192

are small business concerns.18 However,

only those establishments which are

engaged in the retail sale of playground

equipment would be affected by these

proposed guidelines.

(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
24092 Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 / Proposed Rules

19Executive Office of the President, Office of

Management and Budget, Standard Industrial

Classification Manual (1987) (SIC 7032).

20U.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).

21Executive Office of the President, Office of

Management and Budget, Standard Industrial

Classification Manual (1987) (SIC 7996).

22U.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).

23Executive Office of the President, Office of

Management and Budget, Standard Industrial

Classification Manual (1987) (SIC 0781).

24U.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).

25Executive Office of the President, Office of

Management and Budget, Standard Industrial

Classification Manual (1987) (SIC 5211).

26U.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).

27 5 U.S.C. 601(5).

hunting camps.19 These establishments

are considered to be small businesses if

they have $5 million or less in annual

receipts. (See 13 CFR 121.201.) Census

data indicates that there are 2,812 such

establishments, of which 100% or 2,812

are small business concerns.20

(8) Establishments of the type known

as amusement parks and kiddie parks

which group together and operate in

whole or in part a number of attractions,

such as mechanical rides, amusement

devices, refreshment stands, and picnic

grounds.21 These establishments are

considered to be small businesses if

they have $5 million or less in annual

receipts. (See 13 CFR 121.201.) Census

data indicates that there are 861 such

establishments, of which 93% or 797 are

small business concerns.22

(9) Establishments primarily engaged

in landscape counseling and planning

services.23 As determined by the Small

Business Administration, these

establishments are considered to be

small businesses if they have $5 million

or less in annual receipts. (See 13 CFR

121.201.) According to the U.S. Bureau

of the Census data, there are

approximately 4,581 such firms, of

which approximately 100% qualify as

small businesses.24

(10) Lumber and other Building

Materials Dealers. This would include

establishments engaged in selling

primarily lumber, or lumber and a

general line of building materials, to the

general public. While these

establishments may sell primarily to

construction contractors, they are

considered as retail in the trade.25 These

establishments are considered to be

small businesses if they have $5 million

or less in annual receipts. (See 13 CFR

121.201.) Census data indicates that

there are 19,713 such establishments, of

which 85% or 16,718 are small business

concerns.26 Not all of the entities which

are engaged in selling lumber and other

building materials would be impacted

by these guidelines. Many of the

businesses included in this category are

engaged in the sale of brick, tile, doors,

flooring and other materials not

typically utilized in a play area and

therefore would not be affected by the

requirements of this rule.

This rule applies to State and local

governments under title II of the ADA

and would therefore apply to parks and

recreational areas operated by these

entities. The National Recreation and

Park Association estimates that there are

4,800 park and recreation departments

operated by municipalities, public/

private entities and counties. For

purposes of the RFA, governments of

cities, counties, towns, townships and

villages are considered small

governmental jurisdictions if they have

a population of less than 50,000.27

Available U.S. Census Bureau data does

not identify the number of local

governments which have populations of

less than 50,000. The Board is seeking

information on the number of small

governmental jurisdictions which

would be impacted by these guidelines.

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.)
Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 / Proposed Rules 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.
24094 Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 / Proposed Rules

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.
Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 / Proposed Rules 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

Number of elevated play components provided throughout a play area

Minimum percentage required to be

accessible and

accessed by

transfer system or

ramp

Minimum percentage required to be

accessible and

accessed by ramp

Total

(percent)

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)
24096 Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 / Proposed Rules

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