[Federal Register Volume 64, Number 131 (Friday, July 9, 1999)]
[Proposed Rules]
[Pages 37326-37357]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17156]



[[Page 37325]]

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Part VI





Architectural and Transportation Barriers Compliance Board





_______________________________________________________________________



36 CFR Part 1191



Americans With Disabilities Act Accessibility Guidelines; Recreation 
Facilities; Proposed Rulemaking

  Federal Register / Vol. 64, No. 131 / Friday, July 9, 1999 / Proposed 
Rules  

[[Page 37326]]



ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD

36 CFR Part 1191

[Docket No. 98-5]
RIN 3014-AA16


Americans With Disabilities Act Accessibility Guidelines; 
Recreation Facilities

AGENCY: Architectural and Transportation Barriers Compliance Board.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Architectural and Transportation Barriers Compliance Board 
(Access Board) proposes to amend the Americans with Disabilities Act 
Accessibility Guidelines (ADAAG) by adding a new special application 
section for newly constructed and altered recreation facilities that 
are not adequately addressed by the existing guidelines. The new 
section covers amusement rides, boating facilities, fishing piers and 
platforms, golf courses, miniature golf, exercise equipment and 
machines, bowling lanes, shooting ranges, swimming pools, wading pools, 
and spas. The proposed rule also amends several existing ADAAG 
provisions to specifically address certain recreation facility features 
and adds provisions for saunas and steam rooms, and benches. Finally, 
the proposed rule adds a provision for boat and ferry docks. The 
amendments will ensure that newly constructed and altered recreation 
facilities are readily accessible to and usable by individuals with 
disabilities.

DATES: Comments should be received by November 8, 1999. The Access 
Board will hold a public hearing on the proposed rule on August 26, 
1999 from 9:00 a.m. to 3:00 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. E-mail comments should be sent to 
[email protected]. Comments sent by e-mail will be considered 
only if they include the full name and address of the sender in the 
text. 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 Hyatt Regency, 300 Reunion 
Boulevard in Dallas, Texas. Interested members of the public may 
contact the Board at (202) 272-5434 extension 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). These are not toll-free numbers. E-mail address: 
[email protected].

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-37 (Recreation Facilities Notice of Proposed 
Rulemaking). Persons using a TTY should call (202) 272-5449. Please 
record a name, address, telephone number and request publication S-37. 
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/recnprm.htm).

Background

    The Americans with Disabilities Act (ADA) (42 U.S.C. 12101 et seq.) 
is a comprehensive civil rights law that prohibits discrimination on 
the basis of disability and requires, among other things, that newly 
constructed and altered State and local government buildings and 
facilities, places of public accommodation, and commercial facilities 
be readily accessible to and usable by individuals with disabilities. 
The Architectural and Transportation Barriers Compliance Board (Access 
Board) \1\ is responsible for developing accessibility guidelines for 
newly constructed and altered buildings and facilities subject to the 
ADA. The Access Board initially issued the Americans with Disabilities 
Act Accessibility Guidelines (ADAAG) (36 CFR part 1191) in 1991.\2\ The 
ADA requires the Department of Justice and the Department of 
Transportation to publish regulations that include design standards for 
newly constructed and altered buildings and facilities that are 
consistent with ADAAG.\3\
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    \1\ The Access Board is an independent Federal agency 
established by section 502 of the Rehabilitation Act (29 U.S.C. 792) 
whose primary mission is to promote accessibility for individuals 
with disabilities. The Access Board consists of 25 members. Thirteen 
are appointed by the President from among the public, a majority of 
who are required to be individuals with disabilities. The other 
twelve are heads of the following Federal agencies or their 
designees whose positions are Executive Level IV or above: The 
departments of Health and Human Services, Education, Transportation, 
Housing and Urban Development, Labor, Interior, Defense, Justice, 
Veterans Affairs, and Commerce; General Services Administration; and 
United States Postal Service.
    \2\ Existing buildings and facilities, while subject to certain 
ADA requirements, are not addressed by ADAAG except where altered. 
Section 4.1.6 of the 1991 ADAAG contains the provisions relating to 
alterations. Generally, each altered element and space is required 
to comply with new construction technical specifications unless 
technically infeasible. If alterations are made to an area 
containing a primary function area, an accessible path of travel is 
required to the altered area to the extent that the cost is not 
disproportionate to the cost of the overall alteration as determined 
under regulations issued by the Department of Justice. For the 
Department of Justice's regulations on alterations to a primary 
function area, see 28 CFR 36.403.
    \3\ The ADA Standards for Accessible Design published by the 
Department of Justice (28 CFR part 36, Appendix A) are based on the 
1991 ADAAG. Newly constructed and altered recreation facilities 
covered by the ADA must comply with the ADA Standards for Accessible 
Design to the extent that the standards apply to the facility (e.g., 
parking areas, accessible routes, entrances, toilet rooms, 
restaurants, mercantile establishments).
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    ADAAG contains scoping provisions and technical specifications for 
designing parking areas, entrances, toilet rooms and other elements and 
spaces that typically comprise a building and its site so that 
individuals with disabilities will have ready access to and use of the 
facility. ADAAG also contains special application sections for certain 
types of facilities, including restaurants, medical care facilities, 
business and mercantile establishments, libraries, transient lodging, 
and transportation facilities. ADAAG was amended in 1998 to add special 
application sections for certain State and local government facilities, 
including judicial, legislative and regulatory facilities, and 
detention and correction facilities.
    Various types of recreation facilities are covered by the ADA. The 
Access Board is now proposing to amend several existing sections of 
ADAAG and to add a new special application section to address the 
unique features of recreation facilities that are not adequately 
addressed by the current guidelines. The ADA covers a wide variety of 
recreation facilities such as boating and fishing facilities, golf 
courses, parks, places of amusement, play areas, sports facilities, and 
trails. In

[[Page 37327]]

July 1993, the Access Board convened a Recreation Access Advisory 
Committee as the first step in developing these guidelines. The 
committee was comprised of owners and operators of recreation 
facilities; persons who design recreation facilities or manufacture 
related equipment; local, State and Federal officials responsible for 
parks and other outdoor developed areas; and individuals with 
disabilities and organizations representing their interests. The 
committee was requested to accomplish the following objectives:
     Develop a list of the various types of recreation 
facilities;
     Identify the features of each facility type that are not 
adequately addressed by ADAAG;
     Consider any unique design issues or constraints affecting 
access to each facility type;
     Review any existing voluntary guidelines for providing 
access to the various facility types; and
     Make recommendations for accessibility guidelines for each 
facility type.
    The committee organized itself into six subcommittees based on 
facility types to accomplish these objectives: places of amusement; 
boating and fishing facilities; golf; play areas; sports facilities; 
and outdoor developed areas. The committee met five times between July 
1993 and May 1994. Committee members spent most of their time working 
in subcommittees which reported to the full committee. The 
subcommittees also worked between committee meetings. Committee 
meetings were well attended by persons interested in the committee's 
work and public comment was received at each meeting. The subcommittees 
also encouraged interested persons to participate in their work, 
including providing information and reviewing draft reports. More than 
250 people actively participated in the committee and subcommittee's 
work and collectively gave between 50,000 and 60,000 hours of their 
time. In July 1994, the committee formally presented its report and 
recommendations to the Access Board. The committee's recommendations 
represented the consensus of the members of each subcommittee, and not 
necessarily the full committee. Because of this, this notice refers to 
recommendations made by the subcommittee which examined particular 
facilities.
    After receiving the committee's report, the Access Board published 
an Advance Notice of Proposed Rulemaking (ANPRM) requesting public 
comment on the recommendations. 59 FR 48542 (September 21, 1994). More 
than 600 comments were received on the recommendations contained in the 
report. Overall, the comments were supportive of the committee's 
recommendations. However, public comment revealed a lack of a consensus 
on some major issues regarding the committee's recommendations for play 
areas and outdoor developed areas (i.e., trails, camping and picnic 
facilities, and beaches). There was also a need to gain additional 
input from some groups that had not been involved in the committee's 
work. For these reasons, the Board elected to use a regulatory 
negotiation process to develop proposed rules for play areas and 
outdoor developed areas. In February 1996, the Board established a 
regulatory negotiation committee on play areas. That committee met 
seven times, and the Board published a notice of proposed rulemaking on 
April 30, 1998 (63 FR 24080). In June 1997, the Board established a 
regulatory negotiation committee on outdoor developed areas. That 
committee will present a report to the Board in September 1999.
    Using the Recreation Access Advisory Committee's recommendations, 
the Board has developed proposed accessibility guidelines addressing 
amusement rides, boating facilities, fishing piers and platforms, golf 
courses, miniature golf, sports facilities, swimming pools, wading 
pools, and spas. There were some areas where the Board needed 
additional information. For example, the Board sponsored a research 
project on swimming pool access to gather information. In other areas, 
the Board believed that existing ADAAG adequately addressed an element 
and as a result has not repeated or included the provisions in this 
proposed rule. Finally, there are areas that the Board has not 
addressed in this proposed rule. For example, accessibility guidelines 
for ski areas have not been proposed. The Board will continue to 
monitor and gather information in this and other areas for potential 
future rulemaking.
    The Board also is responsible for establishing accessibility 
guidelines for federally financed facilities covered by the 
Architectural Barriers Act (42 U.S.C. 4151 et seq.), including 
facilities constructed or altered by Federal agencies. Since Federal 
agencies own or operate many of the same type of recreational 
facilities addressed by this proposed rule, the Board plans to take 
action at a future date to make the provisions applicable to federally 
financed facilities pursuant to the Architectural Barriers Act. Federal 
agencies and other interested persons are encouraged to comment on this 
proposed rule and how the provisions will affect recreational 
facilities owned or operated by the Federal government.

Section-by-Section Analysis

    This section of the preamble contains a concise summary of the 
proposed rule. The proposed rule amends several existing sections of 
ADAAG and adds a new special application section. For purposes of the 
section by section analysis, the proposed amendments to the existing 
sections of ADAAG and the new special application section are 
summarized by type of facility.

Amusement Rides

3.5 Definitions
    This section defines terms used in the proposed rule. Terms and 
definitions established within the industry have been used to the 
greatest extent possible.
    The term ``amusement device'' means a device that moves persons 
through a fixed course within a defined area for amusement or 
entertainment purposes. Additionally, the definition specifies that the 
rider does not control or operate an amusement device.
    The term ``amusement ride'' is defined as a system containing one 
or more amusement devices that provide the same general amusement 
experience.
    Question 1: The proposed rule does not address amusement 
attractions without seats such as walk-through fun houses, mazes, or 
barrels. Additionally, the proposed rule does not address amusement 
rides where the patron has control over the ride, such as go-carts and 
bumper boats. The Board is considering developing guidelines for these 
types of amusement rides and attractions. Specific information 
regarding the unique characteristics of these rides and how persons 
with disabilities have accessed these rides is requested.
4.1.3(19)(a)  Exception
    ADAAG 4.1.3(19)(a) requires a specific number of wheelchair spaces 
in an assembly area, based on the number of seats. An exception is 
proposed to allow the installation of transfer seats instead of 
wheelchair spaces, where the motion of fixed seats is an integral part 
of an amusement experience. This exception applies only to fixed seats 
in amusement facilities. Some seats in amusement attractions, such as 
flight simulators, may provide motion as an integral part of the 
amusement experience. Where seats move independent of the user, 
transfer seats may enhance the user's amusement experience.

[[Page 37328]]

15.1  Amusement Rides
    The proposed guidelines apply to permanent amusement rides and 
devices with fixed seats that are set up for a long duration and are 
not regularly assembled and disassembled (e.g., rides in amusement 
parks and theme parks). They do not apply to amusement rides and 
devices set up for a short period and assembled and disassembled 
regularly (e.g., rides that are part of traveling carnivals, State and 
county fairs, festivals, and other special events). However, itinerant 
amusement rides and devices are covered by the ADA when they are 
provided by a public entity or a public accommodation. The obligations 
of covered entities operating itinerant amusement rides and devices are 
established by the Department of Justice ADA regulations.
15.1.1  Number Required
    This section applies to amusement rides with amusement devices 
containing fixed seats. One wheelchair space complying with 15.1.3 is 
required per 100 fixed seats, or fraction thereof, on each amusement 
ride. In addition, one transfer seat complying with 15.1.4 must be 
provided per 100 fixed seats, or fraction thereof, on each amusement 
ride. Unlike other assembly seats, amusement ride devices cycle 
frequently (between ninety seconds and fifteen minutes). Each device 
accommodates a high volume of people due to its short cycles. Requiring 
wheelchair spaces and transfer seats will provide more choice and 
options for integrated seating.
    The places of amusement subcommittee recommended that at least one 
wheelchair space and at least one transfer seat be provided on an 
amusement ride. They recommended that where a ride is comprised of 
three cars, for example, one wheelchair space and one transfer seat 
should be provided on one of the three cars. The Board has based the 
requirement for wheelchair spaces and transfer seats on the number of 
fixed seats provided on each ride. Given the diversity of amusement 
rides, this approach is intended to simplify the requirement.
15.1.1  Exception
    This exception permits the use of an additional transfer seat 
instead of the required wheelchair space, where it is not operationally 
or structurally feasible to provide wheelchair spaces. For purposes of 
this section, feasibility is not to be determined by the cost of 
providing a wheelchair space. Amusement rides must be readily 
accessible to and usable by individuals with disabilities, including 
individuals who use wheelchairs. A determination that it is 
operationally or structurally infeasible should be based on an 
engineering analysis that demonstrates that placing a wheelchair on a 
ride would have a significant adverse effect on the structural 
integrity of either the mobility device or the amusement device. For 
example, some wheelchairs may not be designed to withstand the forces 
that are a part of a ride. The places of amusement subcommittee 
suggested that accommodating a person in a wheelchair on an amusement 
device may not be feasible on a looping roller coaster, for example, 
because the use of a wheelchair may raise a person's center of gravity 
and impact the dynamic forces of a ride. A wheelchair may also create 
instability on a raft ride. Designers should think about how to provide 
a wheelchair space on a ride from the conceptual phase onward. If a 
designer determines at some point that it is not operationally or 
structurally feasible to do so, the guidelines do not require any 
specific documentation. However, the designer should be prepared to 
explain the basis for the determination if any questions arise about 
the use of the exception.
15.1.1.1  Dispersion
    This section requires that accessible amusement devices be 
dispersed throughout an amusement ride. Where different types of 
amusement devices are provided, accessible devices are required to be 
dispersed among the different types.
15.1.2  Accessible Loading and Unloading Areas
    This provision requires an accessible route to connect the portion 
of the loading and unloading area serving each accessible amusement 
device. The loading and unloading area serving each accessible 
amusement device must provide a level maneuvering space complying with 
ADAAG 4.2.3. This section permits loading and unloading in the same 
area. This reduces the need to move a wheelchair or other mobility 
device from the load area to the unload area.
15.1.2.1  Wheelchair Storage Space
    This provision requires a wheelchair storage space complying with 
ADAAG 4.2.4 to be provided in the unloading area for each required 
transfer seat. For example, if a ride provides 200 fixed seats, two 
transfer seats would be required. Thus, two wheelchair storage spaces 
would also be required. Wheelchair storage spaces are necessary so that 
individuals who transfer from their wheelchair to a ride device will 
have a place to leave their wheelchair. The wheelchair storage spaces 
cannot overlap any required means of egress or required accessible 
routes.
15.1.2.2  Signage
    This provision requires amusement rides to provide signs at the 
entrance of queues and waiting lines to identify whether the accessible 
amusement devices provide wheelchair spaces, transfer seats, or both. 
Where an accessible unload area is coincident with the accessible load 
area, the ride must provide signs at the entrance to the queue or 
waiting line showing the location of the accessible load and unload 
area. Signage will provide important information to people with 
disabilities regarding the type of access provided (i.e., roll-on or 
transfer) and the location of the accessible loading area. Since not 
every person can transfer from a wheelchair or mobility device, signs 
will reduce unnecessary backtracking.
15.1.2.3  Loading and Unloading
    This provision requires the height of loading and unloading areas 
to be coordinated with the floor height of an amusement device. When an 
amusement device is at rest, the vertical difference between the floor 
height of the loading and unloading area and the floor height of the 
amusement ride device must be within plus or minus
\5/8\ inches under normal passenger load conditions. The horizontal gap 
between the amusement ride device and the edge of the loading and 
unloading area must be no greater than 3 inches. These changes in level 
are consistent with the rail-to-platform height required in ADAAG 
10.3.1(9) (Fixed Transportation Stations).
15.1.2.3  Exception
    This exception permits the use of ramps, bridge plates, or similar 
manually deployed devices complying with the applicable requirements of 
36 CFR 1192.83, where it is not operationally or structurally feasible 
to meet the horizontal or vertical difference requirements between 
amusement ride devices and loading and unloading areas. The technical 
requirements for ramps and bridge plates are based on the provisions 
for light rail vehicles. For purposes of this section, feasibility is 
not to be determined by the cost of providing access where there are 
horizontal or vertical differences. An engineering analysis, however, 
may demonstrate that eliminating the horizontal or vertical difference 
between the ride

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device and the loading and unloading areas would have a significant 
adverse effect. Gaps between the amusement ride device and the load and 
unload areas are necessary to protect patrons from potential pinching. 
Amusement ride devices with more complicated suspensions may also be 
unable to meet the access requirements and allow for the safe movement 
of the amusement ride device. If a designer determines that it is not 
operationally or structurally feasible to meet the horizontal or 
vertical difference requirements between the amusement ride device and 
the loading and unloading area, the guidelines do not require any 
specific documentation. However, the designer should be prepared to 
explain the basis for the determination if any questions arise about 
the use of the exception.
15.1.3  Wheelchair Space
    This section contains technical provisions for wheelchair spaces on 
accessible amusement devices.
15.1.3.1  Floor or Ground Surface
    This section requires floor or ground surfaces to be level. 
Additionally, wheelchair spaces must comply with ADAAG 4.5.1, 4.5.3 and 
4.5.4. These sections address surface characteristics, carpet, and 
gratings. This section is consistent with other ADAAG provisions for 
wheelchair spaces in assembly areas.
15.1.3.2  Width
    This section requires a wheelchair space to be 36 inches minimum in 
width. A 36 inch width is required, as opposed to 30 inches, because of 
the confined spaces often found on amusement devices. This is 
consistent with the maneuvering clearances required by ADAAG 4.2.4 for 
alcoves.
15.1.3.3  Depth
    This section requires that where a wheelchair space can be entered 
from the front or rear, the wheelchair space must be 48 inches minimum 
in depth. Where a wheelchair space can be entered only from the side, 
the wheelchair space must be 60 inches minimum in depth.
15.1.3.4  Approach
    This section requires that at least one side of the wheelchair 
space adjoin an accessible route.
15.1.3.5  Fixed Companion Seats
    This section requires that where amusement devices provide seating 
for more than one rider, a fixed companion seat must be provided for 
each required wheelchair space. Where amusement devices provide 
shoulder to shoulder seating, companion seats must be shoulder to 
shoulder with the adjacent wheelchair space. For example, where an 
amusement device provides single seating in the front and rear of a 
device, the companion seating is not required to be positioned shoulder 
to shoulder with the wheelchair space. Where a ride provides seating 
for more than one rider sitting shoulder to shoulder, the wheelchair 
space and required companion seating must also be aligned shoulder to 
shoulder.
15.1.4  Transfer Seat
    This section contains technical provisions for transfer seats on 
accessible amusement devices. Some of the provisions may be consistent 
with current design practices. The places of amusement subcommittee 
recommended technical provisions for a diagonal approach, side 
approach, and other special transfer provisions. The Board has proposed 
provisions for side transfers only, because in many cases one transfer 
seat will be provided and a side transfer will be accessible to the 
greatest range of individuals with disabilities.
15.1.4.1  Clear Floor Space
    This section requires a clear space complying with ADAAG 4.2.4.1 to 
be provided with the longer dimension parallel to the unobstructed side 
of the transfer seat and to be located within 3 inches maximum of the 
transfer seat. A clear space allows space for a stationary wheelchair 
adjacent to the transfer seat. The clear floor space must extend 12 
inches beyond the back of the seat so that the rear wheels of a 
wheelchair do not obstruct a person's transfer.
15.1.4.2  Maneuvering Space
    This section permits the maneuvering space required by 15.1.2 to 
overlap the clear floor space serving transfer seats. This is 
consistent with existing ADAAG requirements.
15.1.4.3  Transfer Seat Dimensions and Position
    This section requires the height of transfer seats to be 17 inches 
minimum to 19 inches maximum above the load and unload platform. The 
end of the transfer seat adjacent to the clear floor space complying 
with 15.1.4.1 must be unobstructed when in the load or unload position 
to permit transfer. The places of amusement subcommittee recommended a 
height of 15 to 19 inches to address the needs of children. The 
proposed guidelines are largely based on adult dimensions. As a result, 
the 17 to 19 inch range, which is consistent with other elements 
designed for transfer (ADAAG 4.16 and ADAAG 4.21), has been proposed. 
ADAAG 2.2 permits equivalent facilitation. This means that departures 
from these proposed provisions will be permitted, provided that 
alternative designs and technologies used provide substantially 
equivalent or greater access to and usability of the amusement ride. 
If, for example, an amusement ride is to be used primarily by children, 
a lower transfer seat height may be appropriate.
15.1.4.4  Transfer Entry
    This section requires that, when in the load and unload position, 
an amusement device provide a 36 inch wide minimum entry. The entry 
must provide an opening and be positioned parallel to the longer 
dimension of the clear floor space.
    Question 2: The places of amusement subcommittee indicated that on 
certain amusement devices, transfer access may not be possible. 
Examples included amusement devices in flumes and pools where the pool 
sides must be higher than the amusement devices. Also, in some water 
rides, water levels must be kept lower than the loading areas. Are 
there other amusement devices with seats where it is not operationally 
or structurally feasible to design the amusement device to provide 
transfer seats? The Board is interested in specific information on why 
such amusement devices cannot be designed to provide transfer seats. 
The Board requests comments on how ADAAG should address amusement 
devices where transfer access cannot be provided. The Board also 
requests comments on the impact of providing a wheelchair space and a 
transfer seat on permanent amusement rides with a small number of fixed 
seats.
    Question 3: The Board has examined issues related to providing an 
accessible route connecting accessible elements on sites used for 
fairs, carnivals, and other itinerant places of amusement. In many 
circumstances, a site such as a field or parking lot may be used for a 
short period of time. Where the site is altered to provide a route to 
serve the temporary elements, ADAAG accessible route provisions apply. 
This requires, among other things, for the surface to be stable, firm, 
and slip-resistant and to have a conforming slope. The places of 
amusement subcommittee recommended that fairs, carnivals, and other 
itinerant places of amusement provide a modified accessible route to 
connect temporary elements. The Board requests comments on how to 
address the issue of accessible routes in itinerant

[[Page 37330]]

places of amusement. When a site is altered to provide a route to serve 
temporary elements, should the route be required to meet the technical 
provisions of ADAAG 4.3? If not, how should such routes be treated? 
What factors should be considered in determining when it is appropriate 
to depart from the technical provisions for an accessible route?
    Question 4: The proposed rule does not contain any requirement for 
access to water slides. The Board requests comment on this issue.

Boating Facilities

3.5  Definitions
    This section defines terms used in the proposed rule.
    The term ``boat launch ramp'' is defined as a sloped surface 
designed for the launching and retrieval of trailered boats to and from 
the water.
    The term ``boat slip'' is defined as the area where a boat is tied 
to a dock or pier for the purpose of embarking or disembarking.
    The term ``design high point'' means a selected elevation, based on 
hydrologic data and other appropriate records, that is used as a safe 
and practical upper limit for the design and construction of a gangway 
to a floating facility. The term is necessary for establishing a 
vertical measurement to the water level. Designers have some discretion 
in determining the high point based on this information. The Board has 
combined the design high point with other factors to determine gangway 
slopes.
    The term ``gangway'' is defined as a variable-sloped structure 
linking a fixed structure or land with a floating structure.
10.5  Boat and Ferry Docks
    This section requires that boat and ferry docks comply with 15.2. 
The Board added a special application section for transportation 
facilities (section 10) to ADAAG in 1991. However, provisions to 
address access to floating boat and ferry docks were not yet developed 
and section 10.5 was reserved. This section applies the provisions 
contained in 15.2 to boat and ferry docks covered by 10.5.
15.2  Boating Facilities
    This section applies to each boating facility provided within a 
site and requires compliance with the applicable provisions of 15.2. A 
boating facility can contain one or more piers and the same facility 
can also include one or more boat launch ramps. In some cases, such as 
a State park with a large lake, a site may contain more than one 
boating facility. In other cases, several boating facilities may be 
located in the same waterfront area, each operated by different 
operators. The provisions of 15.2 apply to each boating facility.
15.2.1  Gangways
    This section requires that gangways which are part of an accessible 
route comply with ADAAG 4.3. Gangways are permitted to have transition 
plates at the top and bottom.
    At boating facilities, gangways function as bridges that link land 
or fixed structures with floating piers. As water levels rise and fall, 
the gangway slopes also rise and fall. Sometimes the changes may be 
very gradual over a period of weeks or months, and in other cases 
dramatic changes occur over a few hours. Often, the land sides of 
gangways are hinged to fixed structures with the pier sides left free 
to move across the pier surfaces as the slope of the gangway changes. 
Rollers are sometimes attached to the pier end to allow the gangway to 
adjust freely as the slope changes. These rollers can produce changes 
in level between the walking surface at the end of the gangway and the 
walking surface of the floating pier. Other friction reducing aids and 
the framing that forms the structural supports of the gangway can 
produce changes in level. Sometimes, neither end of the gangway is 
hinged and a change in level occurs at both ends.
    Where the slope of an accessible route exceeds 1:20, ADAAG 4.3.7 
requires the sloping surface to comply with ADAAG 4.8 (Ramps). ADAAG 
4.8 requires level landings at the top and bottom of each ramp segment. 
Because of the changing water levels and the varying slopes of 
gangways, the boating and fishing subcommittee recognized the 
difficulty in providing level landings. Proposed 15.2.1 permits the use 
of transition plates at the top and bottom of a gangway. Transition 
plates are often constructed of metal and are used to connect the ends 
of a gangway to a boarding dock. The boating and fishing facilities 
subcommittee recommended that transition plates be allowed at the ends 
of gangways and that these transition plates have slopes less than or 
equal to 1:12 (8.33 percent).
15.2.1  Exceptions 1 and 2
    Exception 1 proposes that the maximum rise requirements of ADAAG 
4.8.2 not apply to gangways. In addition, exception 2 proposes that 
gangways be permitted to exceed the 1:12 maximum slope specified by 
ADAAG 4.8.2, when the vertical distance between the design high point 
and the level of the water exceeds the vertical distance specified in 
the left hand column of Table 15.2.1 and the square footage of fixed 
and floating piers at the facility is less than the square footage 
specified in the right hand column of Table 15.2.1.
    One of the most difficult issues relating to accessibility in 
boating facilities is the issue of gangway slopes. Bodies of water 
fluctuate due to rainfall, snow melting, droughts, reservoir draw 
downs, surge effects, tidal forces, flood control, and other factors. 
Fluctuations can range from less than 12 inches to changes of more than 
40 feet, and sometimes, several hundred feet with reservoir 
impoundments. Changes can occur rapidly over a few hours or gradually 
over an operating season. Overall, boating and fishing facilities 
subcommittee members agreed that under some circumstances, the slope of 
a gangway could exceed the maximum 1:12 slope allowed for ramps by 
ADAAG 4.8.2. The boating and fishing facilities subcommittee 
recommended three options for gangway slopes.
    Option 1 recommended that where water level changes do not exceed 5 
feet during the operating season, gangways should comply with ADAAG 
4.3. The boating and fishing facilities subcommittee noted that 
additional information was needed to recommend design standards where 
water level changes exceed 5 feet.
    Option 2, primarily based on recommendations made by the States 
Organization for Boating Access, recommended that gangways be allowed 
to be 60 feet long before a level landing is required. It also 
recommended that gangways located in areas with annual water 
fluctuations of zero to 5 feet should have slopes that do not exceed 
1:12, the maximum permitted by ADAAG 4.8.2. In areas with annual water 
fluctuations of 5 feet or more during 92 percent of the operating 
season, the slope of the gangway should not exceed 1:12.
    Option 3 recommended that an accessible route be provided to at 
least one of each type of boating activity in recreational boating 
facilities. A gangway connecting an accessible dock or pier should 
comply with ADAAG 4.3 during all operating hours of a facility. Boating 
and fishing facilities subcommittee members also noted that additional 
information was needed to determine when exceptions to ADAAG 4.3 should 
apply.
    A substantial majority of commenters to the ANPRM supported option 
2. Most supporters of option 2 agreed with allowing the gangway to be 
60 feet long. However, a substantial number of

[[Page 37331]]

commenters did not support the 92 percent requirement and recommended 
that the percentage should be closer to 50 percent.
    The Board determined that further information and cost data was 
necessary to develop a slope requirement for gangways. In 1996, the 
Board completed a study to develop design solutions and general cost 
estimates for providing access to floating boating facilities. The 
study found that there was a relationship between the cost of 
compliance with ADAAG 4.3 and water level change. Costs of providing 
gangway ramping systems conforming to ADAAG 4.3 ranged from $10,000 for 
a 30 inch water level change to $450,000 for a 30 foot water level 
change. Cost estimates included fabrication, delivery, and placement of 
a gangway in the water, but excluded configuration and mooring system 
costs. The study also indicated that price bids in a competitive marine 
environment can easily vary up to 50 percent above or below engineers' 
estimates.
    As the range of water level changes increases, so does the 
complexity of the structures designed to provide access. In one example 
provided in the Board's study, a design was provided to access a 12.5 
foot change in water level while still complying with existing ADAAG 
requirements. The design included three ramps on land, four on a 
floating structure, and two 64 foot gangways. Because ADAAG 4.8.2 
limits the rise of a ramp run to 30 inches, the design increased the 
gangway length so that the slopes never exceeded 1:20. The estimated 
cost for this gangway ramping system was more than $200,000.
    The study also evaluated the use of elevators and platform lifts 
and reported that in the 30 inch to 30 foot range, gangway ramp systems 
could be half as expensive as lift or elevator-based systems. It was 
also noted that there are maintenance difficulties in operating 
mechanical devices such as platform lifts and elevators in saltwater 
environments.
    The Board recognizes that the interface between land and water 
environments is often very dynamic and constraints exist which cannot 
be easily resolved. Waterside restrictions include limits on how far 
piers may project from shore lines into navigable channels. For small 
facilities, such as a bait shop with a floating pier capable of mooring 
a few row boats, the cost of providing a gangway conforming to ADAAG 
4.3 could become economically infeasible as the change in water level 
increases. However, for large facilities, such as a 1000-slip marina, 
conformance to ADAAG 4.3 would be feasible even as the change in water 
level increases.
    In an attempt to balance the economic impact of this proposed rule 
with the access concerns of persons with disabilities, the Board 
identified two issues with the greatest impact on floating facilities: 
gangway lengths and gangway slopes. As the range of water level changes 
increase, gangways generally increase in length. Where gangway lengths 
are restricted, supporting land and pier ramps must be provided, which 
increase the size and complexity of such gangway ramping systems. The 
study showed that by allowing a gangway length to increase beyond 30 
feet, and even beyond 60 feet, the complexity and size of the gangway 
ramping system was often reduced. Therefore, this section proposes that 
the rise restrictions under ADAAG 4.8.2 not apply to gangways.
    With respect to gangway slopes, the Board sought to balance access 
and the economic impact on small and large facilities. Exception 2 
references table 15.2.1 which establishes conditions where gangways are 
permitted to exceed a 1:12 slope. The table is based on the vertical 
distance the water level descends below an established design high 
point and the square footage of all the fixed and floating piers at a 
boating facility. Since this exception only applies to gangways, 
accessible routes to fixed piers must conform to all requirements of 
ADAAG 4.3, including slope. Fixed piers are not subject to water level 
changes and gangways are not needed. Also, because this exception is 
applicable only to gangways, fixed ramping systems required on land or 
on floating piers must conform to all requirements of ADAAG 4.3, 
including slope.
    The table permits, during the time the water level is beyond a 
certain distance from a design high point, a gangway to exceed the 
slope maximums of ADAAG 4.3. Although the exception allows slopes 
greater than allowed by ADAAG 4.3, the exception has not modified any 
other requirement of ADAAG 4.3, such as handrails. The exception 
applies to tidal and non-tidal settings and to all gangways within a 
boating facility that are part of an accessible route.
    Based on this exception, some boating facilities will not have 
access conforming to ADAAG 4.3 all the time. Some facilities may have 
access conforming to ADAAG 4.3 only during times when the water level 
is at higher levels and as water levels decline, the gangway slopes 
will become steeper. Because gangway slopes rise and fall, it is 
possible that for some facilities, gangways will also have zero slopes 
for certain water levels. Where table 15.2.1 establishes no maximum 
slope, a sloped surface is still required. Stairs are not permitted as 
a part of an accessible route.
    Question 5: Some floating piers, although small, are designed 
primarily for use by larger passenger vessels, such as tour boats. The 
Board is considering adding a provision that would also control the 
slope of a gangway in some facilities based on the size of the vessels 
they are designed to accommodate. The Board is interested in the extent 
to which floating piers are provided for use by passenger vessels 
carrying more than 150 passengers or more than 49 overnight guests. 
Specific size and cost information for the construction of this type of 
facility is also requested.
15.2.1 Exception 3
    This section exempts handrail extension requirements on gangways or 
landings where they connect to transition plates and permits transition 
plates to be free of handrail extensions.
    ADAAG 4.8.5 requires that if a ramp has a rise greater than 6 
inches or a horizontal projection greater than 72 inches, handrails are 
required on both sides. ADAAG 4.8.5(2) further provides that if 
handrails are not continuous, they shall extend at least 12 inches 
beyond the top and bottom of the ramp segment and be parallel with the 
floor or ground surface.
    Because gangway slopes change, ensuring that handrail extensions 
remain parallel with adjacent walking surface would be difficult. In 
addition, if transition plates are required to have handrail 
extensions, these extensions would also have problems remaining 
parallel with adjacent walking surfaces and would overlap with the 
gangway extensions. For these reasons, handrail extensions are not 
required on gangways or landings where they connect to transition 
plates and are not required on transition plates.
15.2.2 Slips: Minimum Number
    This section requires that where boat slips are provided, at least 
3 percent, but not less than one, shall comply with 15.2.3. Accessible 
boat slips must be dispersed throughout the various types provided. 
This dispersion provision does not require an increase in the minimum 
number of boat slips required to be accessible.
    The boating and fishing facilities subcommittee recommended that 
when boat slips are provided, the number of accessible boat slips be 
determined using the scoping provisions of ADAAG 4.1.2(5)(a) for 
vehicle parking spaces. Using ADAAG 4.1.2(5)(a), a 100-slip

[[Page 37332]]

boating facility would need 4 accessible boat slips. Most commenters 
responding to this recommendation in the ANPRM supported using the 
vehicle parking scoping. A few commenters questioned whether the need 
for accessible boat slips was the same as accessible vehicle parking 
spaces.
    Designing accessible boat slips will have limited impact on newly 
constructed boating facilities. Wider piers and pier clearances are 
often incorporated into newer facilities. The 3 percent requirement was 
selected to parallel the accessible vehicle parking requirements. A 
percent was used, as opposed to a table, to simplify application. 
Therefore, a 50-slip boating facility would need two accessible boat 
slips and a 100-slip facility would need three accessible boat slips. 
However, where the number of boat slips cannot be identified, each 40 
feet of mooring space provided along the perimeter of a pier shall be 
counted as one boat slip.
    To ensure that persons with disabilities have access to different 
types of boat slips, 15.2.2 also requires that the accessible boat 
slips be dispersed throughout the various types provided. Types include 
the size of the boat slip, single berths, double berths, depth of the 
water, transient, longer-term lease, covered slips, and slips equipped 
with features such as telephone, water, electricity and cable 
connections. To satisfy this dispersal requirement, the provision does 
not require an increase in the minimum number of boat slips required to 
be accessible.
15.2.2.1  Slips Serving Boat Launch Ramps
    This section requires that, in addition to the requirements of 
15.2.2, where boat launch ramps are provided with boarding piers, at 
least one accessible boat slip complying with 15.2.3 be provided 
adjacent to a boat launch ramp.
    This provision has been proposed to ensure that where boarding 
piers are provided at boating facilities with launch ramps, at least 
one launch ramp will have an accessible boat slip. This accessible boat 
slip is in addition to the accessible boat slips required by 15.2.2.
    Where an accessible boat slip is required on a boarding dock, an 
accessible route complying with ADAAG 4.3 must serve the slip. Where 
the boarding dock is a floating dock, a gangway complying with 15.2.1 
is permitted. Section 15.2.1, exception 2, includes the square footage 
of the dock in the total square footage of fixed and floating piers at 
the boating facility.
    Boat launch ramps typically have slopes steeper than 1:12 (8.33 
percent). Steeper slopes allow boats to float free of their trailers 
while the depth of the water does not submerge the tow vehicle's 
exhaust system. In saltwater areas, steeper slopes also reduce 
saltwater exposure to the underside of tow vehicles. In general, the 
Board is not proposing any provisions that will change the slope of a 
boat launch ramp. However, where an accessible route connecting an 
accessible boarding dock is coincident with the boat launch ramp, that 
portion of the launch ramp must meet the requirements of ADAAG 4.3, 
including slope.
15.2.2.2  Location
    This section requires that among each type provided, accessible 
boat slips be those nearest to amenities provided in a boating 
facility. Since travel distance is often an important consideration for 
persons with disabilities, the Board proposes this section to address 
the location of accessible boat slips. First, under 15.2.2, the various 
types of boat slips are determined and the required accessible boat 
slips are assigned to the selected types. Then, under this section, 
within the group of boat slips of the same type, the accessible slips 
must be the ones nearest to the amenities provided in a boating 
facility. The following example illustrates this provision.
    A boating facility has two piers, each containing 60 boat slips. 
With a total of 120 boat slips, four accessible boat slips would be 
required. One pier has transient slips and the other has long-term 
lease slips. Both piers are served by the same parking lot and a public 
restroom. At the end of the transient slip pier, a ship's store and 
fueling station are provided. To comply with 15.2.2.2, the two 
accessible slips on the long-term lease pier must be located closest to 
the amenities provided, the parking lot and restroom. On the transient 
pier, one slip next to the parking lot must be accessible and one slip 
nearest to the ship's store and fueling station must be accessible.
15.2.3  Accessible Boat Slips
    This section contains provisions for accessible boat slips.
15.2.3.1  Pier Clearances
    This section requires that accessible boat slips be served by clear 
pier space 60 inches wide minimum and at least as long as the 
accessible boat slip. At least one 60 inch minimum continuous clear 
opening must be provided within every 120 inch maximum of linear pier 
edge serving an accessible boat slip.
    Using the vehicle parking spaces in ADAAG 4.6 as a guide, the Board 
is proposing that an accessible boat slip be provided a 60 inch wide 
minimum pier space, similar to an access aisle, and at least as long as 
the boat slip. Boat slips may contain features such as pillions, 
bollards and cleats, and utility connections such as electrical, water, 
and sewage that can block or interfere with transfer to and from a 
boat. This section also requires that every 120 inches maximum of 
linear pier edge contain at least one opening 60 inches minimum along 
the edge of a pier at accessible boat slips to allow for access to and 
from a boat. Flexibility has been provided to designers and operators 
to decide the placement of these openings, understanding that the 
purpose is to allow space for transfer to and from a boat. For example, 
a 40 foot long accessible boat slip would have at least four clear 
openings provided along the pier edge. The different openings will 
accommodate different size vessels and mooring orientations (e.g., 
stern first, bow first).

Fishing Piers and Platforms

15.3  Fishing Piers and Platforms
    This section requires that each fishing pier and platform comply 
with 15.3.
15.3.1  Accessible Route
    This section applies the requirements for gangways in 15.2.1 when 
an accessible route connects a floating fishing pier or a floating 
fishing platform. The Board recognizes that floating fishing piers and 
floating fishing platforms are subject to many of the same constraints 
as floating boating piers. As a result, the gangway provisions of 
15.2.1 would apply. The total square footage of floating and fixed pier 
space at a fishing facility must be used to determine the requirements 
for a gangway accessing a fishing pier or platform. If a boating 
facility has a floating boarding dock at a boat launch ramp and another 
floating structure which serves as a fishing platform, both the square 
footage of the boarding dock and the fishing platform would be used 
under 15.2.1, Exception 2, to determine the slope criteria for the 
gangway accessing the fishing platform. Likewise, the same square 
footage would be used to determine the slope criteria for the gangway 
accessing the boarding dock.
15.3.2  Railings
    This section requires that where railings, guardrails, or handrails 
are provided, they must comply with 15.3.2.

[[Page 37333]]

15.3.2.1  Edge Protection
    Where railings, guardrails, or handrails are provided, this section 
requires edge protection to be provided and extend 2 inches minimum 
above the ground or deck surface. The requirement for edge protection 
is triggered only where railings, guardrails, or handrails are provided 
on a fishing pier or platform. Edge protection will prevent wheelchairs 
and other mobility aids from slipping off the fishing pier or platform.
15.3.2.2  Height
    Where railings, guardrails, and handrails have been installed on 
fishing piers and platforms, the height of the railings interfere with 
fishing and block vision for persons who use wheelchairs and other 
mobility devices. This section requires at least 25 percent of the 
railings to be a maximum of 32 inches high above the surface of the 
fishing pier or platform to address this problem. The section is based 
on the recommendations from the boating and fishing subcommittee. 
Anglers who stand can fish from any part of the pier or platform and 
change location depending on the fishing conditions. The boating and 
fishing subcommittee wanted to ensure that persons with disabilities 
have a similar range of choices to fish from a variety of locations.
    This section does not address the material or spacing between the 
horizontal or vertical supports and between the top of the railing and 
the surface of the fishing pier or platform. Building codes and 
standards, and common construction practices address the design of 
these spaces, which can be solid or include vertical or horizontal 
barriers.
    During the advisory committee meetings and in the comments on the 
ANPRM, questions were raised regarding whether guardrail standards 
issued by the Occupational Safety and Health Administration (OSHA) 
apply to recreational fishing piers and platforms. The OSHA standards 
apply ``with respect to employments performed in a workplace.'' 29 CFR 
1910.5(a). The OSHA guardrail standards provide in relevant part that 
``[e]very open-sided floor or platform 4 feet or more above adjacent 
floor or ground level shall be guarded by a standard railing.'' 29 CFR 
1910.23(c). OSHA prescribes a 42 inch height for a standard railing. 29 
CFR 1910.23(e). The Board has conferred with OSHA's Directorate of 
Compliance Programs, and that office has confirmed that OSHA does not 
routinely enforce its guardrail standards at recreational fishing piers 
and platforms.
    Question 6: Many building codes and standards generally require a 
guardrail not less than 42 inches in height where there is an 
unenclosed floor opening more than 30 inches above the grade or floor 
below. These codes and standards do not require guardrails at certain 
locations such as the loading side of a loading dock or raised 
platforms used for entertainment, and permit lowered railings at other 
locations such as in front of the first row of fixed seats on a 
balcony. The Board seeks information about whether these codes and 
standards have been applied to recreational fishing piers and 
platforms. Where lower guardrails have been used, the Board is 
interested in knowing the height of those lower guardrails and what 
steps were taken to ensure that their use was permitted under the 
applicable codes and standards. In light of concerns that have been 
raised about safety issues related to lower guardrails, the Board also 
is interested in any experiences designers or operators have had where 
guardrails have been lowered to accommodate individuals using 
wheelchairs and other mobility devices.
15.3.2.3  Dispersion
    This section requires that lowered railings (32 inch maximum) 
required by 15.3.2.2 be dispersed throughout a fishing facility. This 
provides anglers with disabilities with a choice of locations for 
fishing on a fishing pier or platform.
15.3.3  Clear Pier or Platform Space
    This section requires that at least one clear space complying with 
ADAAG 4.2.4 be provided where the railing height required by 15.3.2.2 
is located. Where no railings are provided, at least one clear space 
complying with ADAAG 4.2.4 shall be provided on the fishing pier or 
fishing platform. The Board has not set a minimum size for a fishing 
pier or platform, but has proposed minimum clear space requirements so 
that the accessible route can be adjacent to the 32 inch maximum high 
rails.
15.3.4  Maneuvering Space
    This section requires that at least one maneuvering space complying 
with ADAAG 4.2.3 be provided on a fishing pier or platform to allow 
persons who use wheelchairs to turn and exit the space safely.

Golf

    The golf subcommittee developed recommended accessibility 
guidelines for newly constructed 18 and 9 hole golf courses and for 
miniature golf courses. In examining 18 and 9 hole golf courses, the 
golf subcommittee considered all elements of the course and made 
recommendations that would increase accessibility for persons with 
disabilities without significantly changing the game of golf. Issues 
involving the application of ADAAG accessible route provisions were 
important in the golf subcommittee's discussions.
3.5 Definitions
    This section defines terms used in the proposed rule. Terms and 
definitions established within the industry have been used to the 
greatest extent possible.
    The term ``golf car passage'' is defined as a continuous passage on 
which a motorized golf car, also known as golf carts, can operate. 
Designers and operators sometimes use the term ``golf car path'' to 
identify what the Board is defining as a ``golf car passage''. Because 
the term ``golf car path'' may connote a prepared surface, the term was 
not used. While a golf car passage must be usable by golf cars, it does 
not necessarily need to be a prepared surface.
    The Board recognizes that not all golf courses provide golf cars or 
golf car passages. However, by requiring a course to be designed and 
constructed to allow for golf car travel between accessible elements 
and spaces on a course, individuals who bring their own golf car or use 
those provided at a course, will have the opportunity to play the game 
of golf. On most courses where golf cars are not provided, paths for 
maintenance vehicles often exist which could support golf car passages 
and generally connect many of the elements and spaces required to be 
accessible.
    A ``teeing ground'' is defined as the starting place for a hole to 
be played. This definition is consistent with the United States Golf 
Association definition, which describes a teeing ground as a 
rectangular area two club-lengths in depth, with the front and sides 
defined by the outside limits of two tee-markers.
15.4.1 Accessible Route
    This section requires that, where the accessible route is located 
within the boundary of a golf course, it must be 48 inches wide minimum 
and connect to the bag drop areas, accessible teeing grounds, and 
putting greens. Additionally, where handrails are required, the 
accessible route is required to be 60 inches wide minimum.
    The golf subcommittee considered the ADAAG requirements for an 
accessible route to be impractical on a golf course

[[Page 37334]]

for several reasons. First, the route of play for a golfer is dependent 
on where the ball lands and is therefore unpredictable. Secondly, there 
is an assumption that on most courses, most golfers use a golf car to 
move throughout the course. Finally, the golf subcommittee raised 
concerns that requiring an accessible route throughout a course would 
substantially alter the slopes within a course and eliminate some of 
the challenge of the game.
    As a result, the golf subcommittee recommended that an accessible 
route only be required to connect course elements from a golf car path 
or a golf car parking area. This was intended to allow a golfer with a 
disability to ride in a golf car to reach a point where an accessible 
route would provide access to various course elements. Public comment 
received from golf course architects, operators, and the Association of 
Disabled Golfers to the ANPRM generally supported this approach.
    The Board agrees that making the game of golf accessible to the 
majority of persons with disabilities can be achieved primarily through 
the use of golf cars. These proposed guidelines incorporate the concept 
of providing access through a golf car passage and allow for access to 
various elements. These proposed guidelines also ensure that all of the 
amenities (such as snack bars, toilet rooms, and weather shelters) on a 
course are accessible and are connected by a golf car passage.
    Question 7: These proposed guidelines are based on the golf 
subcommittee's recommendations for 18 and 9 hole courses. Should 
smaller courses (i.e., 3 or 6 holes) have the option of using a golf 
car passage in lieu of a modified accessible route?
15.4.1 Exception 1
    This exception permits the use of a golf car passage in lieu of all 
or part of an accessible route within the boundary of a golf course. 
This exception does not apply to practice putting greens and driving 
ranges since they are not located within a course.
    Question 8: The proposed requirements for a golf car passage seek 
to provide access for players on a golf course. The Board requests 
comments on how access should be provided for spectators during a golf 
tournament.
15.4.1 Exception 2
    This exception provides that accessible routes within the boundary 
of a golf course are not required to comply with handrail requirements 
in ADAAG 4.8.5. It is hazardous for handrails to be located through a 
green, or on teeing grounds, because of the danger of golf balls 
ricochetting off rails. Since most elements are required to be 
accessible from golf car paths, handrails would be of little utility 
along those routes.
15.4.2 Teeing Grounds
    This section requires that where one teeing ground is provided for 
a hole, it must comply with 15.4.7. If two or more teeing grounds are 
provided for a hole, at least two teeing grounds must be accessible. 
The golf subcommittee recommended that as many teeing grounds as 
possible be made accessible on each hole, but that at least one 
accessible teeing ground per hole be required. The golf subcommittee 
based its recommendation on the premise that an accessible route with a 
running slope not exceeding 1:20 may be required to connect the golf 
car path and the teeing ground, and that it may not be possible to 
provide such a route to each teeing ground due to sloped terrain. The 
exception to 15.4.1, which permits the use of a golf car passage in 
lieu of an accessible route with the boundary of a golf course, is very 
flexible and would allow a golfer with a disability to access the 
teeing ground by using a golf car, instead of providing an accessible 
route to the area. The Board recognizes that some teeing grounds may be 
located on steep slopes and that it may not be possible to provide a 
golf car passage to each teeing ground. Comments to the ANPRM 
recommended that more than one accessible teeing ground be required for 
each hole. Commenters were concerned that if only one accessible teeing 
ground per hole were required, it would be the forward tee. Commenters 
considered that this would be discriminatory toward golfers with 
disabilities. When golf courses provide several teeing grounds for each 
hole, the placement of these areas is usually based on skill level 
(e.g., one set of teeing grounds would be the ``pro tee'' and the other 
set would be the ``amateur tee''). Golfers with disabilities want the 
same range of choice to play from different teeing grounds appropriate 
to their skill levels. The proposed rule would ensure a range of choice 
for golfers with disabilities.
    Question 9: The Board requests comments on the number of accessible 
teeing grounds that should be required for each hole. If more than one 
accessible teeing ground is required per hole, should one of the 
accessible tees be the forward tee?
15.4.3 Driving Ranges and Practice Tees
    This section requires that where driving ranges or practice tees 
are provided, at least 5 percent, but not less than one, of the 
practice tees must comply with 15.4.7. This provision applies to 
practice facilities adjacent to a golf course, in addition to stand-
alone facilities.
15.4.4 Weather Shelters
    This section requires weather shelters to be designed and 
constructed to allow a golf car to enter and exit in a forward 
direction and have a clear floor or ground space 60 inches minimum by 
96 inches minimum. This space will allow a golf car to be driven 
directly into a weather shelter.
15.4.5 Golf Car Passage
    This section requires openings at least 60 inches wide at intervals 
of 75 yards where curbs or other manmade barriers are provided along a 
golf car passage to prohibit a golf car from entering a fairway. These 
openings will provide access to fairways at reasonable intervals where 
golf cars are used to play the game.
15.4.5.1 Width
    This section requires a golf car passage to be 48 inches wide 
minimum. This dimension is based on the standard width of gasoline or 
electric powered golf cars.
    Question 10: Although the Board has proposed to allow a golf car 
passage within a golf course, limited technical requirements have been 
proposed for golf car passages. Should the Board establish additional 
technical requirements (e.g., maximum slope or changes in level)? Do 
criteria exist which govern the design and construction of golf car 
paths? Do requirements applicable to golf car paths exist in State or 
local codes? Do slope and width criteria allow use of the golf car 
passage by golf cars?
15.4.6 Putting Greens
    This section requires putting greens to be designed and constructed 
to allow a golf car to enter, maneuver within, and exit the putting 
green. Unlike teeing grounds, each hole of a golf course is provided 
with only one putting green where the hole is located. This provision 
supports the use of a golf car on the putting green and requires space 
to allow a golf car to approach, enter, and exit. This requirement 
should not impact the design or space required for putting greens.
15.4.7 Teeing Grounds
    This section requires teeing grounds to be level with a clear space 
of 10 feet by 10 feet and be designed and constructed so that a golf 
car can enter in a forward direction and maneuver.

[[Page 37335]]

This dimension is wide enough to accommodate a player playing off of 
the side of a golf car or from a wheelchair. The teeing ground is 
required to be level since slopes and cross slopes are difficult for 
wheelchair users to manage even on relatively flat routes of travel.
    Question 11: Proposed technical provisions for teeing grounds 
require cross slopes no greater than 1:48 in all directions. The Board 
understands that maintaining this slope may be difficult on turf 
surfaces due to settling. Drainage problems have also been reported in 
areas where 1:48 slopes are provided. The Board requests information 
from operators on the maintenance of teeing areas where 1:48 slopes are 
provided.
    The proposed rule does not contain any requirements for access to 
bunkers or other hazards. The golf subcommittee recommended that 
practice bunkers be made accessible, but not bunkers and hazards on the 
course. There was minimal support in the comments to the ANPRM to make 
bunkers and hazards accessible.

Miniature Golf

    The golf subcommittee recommended accessibility guidelines for 
miniature golf facilities. While the majority of commenters responding 
to the ANPRM supported the recommendations, several operators and 
miniature golf trade groups were opposed to the recommendations. 
Concerns were expressed that the recommended accessibility guidelines 
would require additional space and cost, and would be too onerous for 
operators. There were also concerns about the loss of curbing in areas 
where a ball may ricochet.
    To obtain additional information on providing access to miniature 
golf courses, the Board participated in information meetings with 
designers, operators, persons with disabilities, and representatives 
from miniature golf trade associations. The purpose of these meetings 
was to gather additional information about the varied range of facility 
types, accessibility barriers, obstacles for designers in providing 
accessibility, options for making individual holes accessible, 
providing an accessible route throughout a course, and trends in 
miniature golf course design. The Board has taken this additional 
information into account in proposing accessibility guidelines for 
miniature golf courses.
15.5 Miniature Golf Courses
    This section requires each hole on a miniature golf course to be 
accessible. The technical requirements for an accessible hole on a 
miniature golf course are addressed in 15.5.2 and 15.5.3.
15.5 Exception
    This exception permits no more than 50 percent of elevated 
miniature golf holes to be inaccessible. Since elevated holes are often 
designed to provide more of a challenge, this provision is proposed to 
ensure that a person with a disability has adequate opportunities to 
play some of the more challenging holes. The golf subcommittee 
recommended that all holes be made accessible. Operators and miniature 
golf trade groups felt that a requirement for every hole to be 
accessible would result in flat courses, taking some of the fun and 
challenge from the game. Commenters to the ANPRM also expressed concern 
that the golf subcommittee recommendations would have a negative impact 
on business or eliminate smaller courses by requiring accessible routes 
to all portions of a course. This proposed exception provides a 
compromise between the golf subcommittee's recommendation and the 
concerns of the industry and operators.
    Question 12: Miniature golf course operators have claimed that 
additional costs may be associated with providing an accessible route 
to all elevated holes of a miniature golf course. These additional 
costs, however, have not been associated with courses that are 
considered level. The Board is seeking specific guidance on how to 
differentiate between level and elevated holes.
15.5.1 Accessible Route
    This section requires that at least one accessible route connect 
start of play areas on each accessible hole. The accessible route 
connecting each start of play area required to be accessible may be 
located on the hole or adjacent to the hole. The accessible route must 
comply with ADAAG 4.3 and 4.8, where the slope of the route exceeds 
1:20.
15.5.1 Exception 1
    This exception permits readily removable curbs where the accessible 
route intersects the playing surface of a hole. The golf subcommittee 
recommended that the entry and exit points of a miniature golf hole be 
free of railings, obstacles, and elevation changes. During the comment 
period for the ANPRM, miniature golf course operators and the industry 
expressed concerns that this recommendation would significantly alter 
the play of the game. It was noted that curbs surround the majority of 
holes on a miniature golf course to prevent a ball from exiting a hole. 
This proposed exception balances the need for a person with a 
disability to access the hole and the concern to keep the ball on the 
hole.
    To maximize the benefit of this feature, it will be important for 
players using the miniature golf course to know the location of the 
readily removable curbs. Several options are recommended for operators 
and designers including signage placed directly on the curb to show 
that it is removable or including information about the location of 
these curbs on the scorecard provided for players at the start of the 
game.
15.5.1 Exception 2
    This exception permits a maximum slope of 1:4 for a maximum rise of 
4 inches where the accessible route is located on the playing surface 
of a hole. This exception is only applicable where the accessible route 
connecting start of play areas is located on the hole. Permitting a 
greater slope for a limited distance will allow more flexibility in the 
design of the hole, while still providing access on the hole for the 
play of the game.
15.5.1 Exception 3
    This exception eliminates the requirement for handrails on a ramp 
located on a miniature golf hole. Handrails are a potential hazard on a 
hole, because of the danger of golf balls ricochetting off the rails.
15.5.2 Start of Play Areas
    This section requires a start of play area to be a 60 inch minimum 
by 60 inch minimum level area. This level start of play area is 
necessary so that a person using a wheelchair or other mobility device 
has sufficient space to maneuver into position to play the game.
15.5.3 Golf Club Reach Range
    This section requires that all level areas within an accessible 
hole be located within 27 inches maximum of an accessible route with a 
slope not to exceed 1:20. This will allow space for wheelchair users to 
hit the ball from on the hole or from an accessible route adjacent to 
the hole. The space requirements incorporate the reach of a golf club. 
This provision allows persons with disabilities to be within the reach 
of their ball at all times, while not increasing the size of individual 
holes.

Play Areas

15.6 Play Areas [Reserved]
    This Board issued proposed accessibility guidelines for play areas 
in April 1998. This section is reserved for the final guidelines for 
play areas,

[[Page 37336]]

which will be incorporated into this section in the future. Figures 64 
to 74 are reserved for the play areas guidelines.

Sport Facilities

    The sports subcommittee provided the Board with recommended 
accessibility guidelines for sports facilities. The sports subcommittee 
addressed a variety of sports facilities such as fitness centers, 
aerobic and martial arts studios, roller and ice skating rinks, leisure 
pools, lap pools and other swimming pools, bowling centers, horse 
racing facilities, and facilities for court sports (e.g., handball, 
basketball, tennis, racquetball, volleyball), field sports (e.g., 
baseball, lacrosse, soccer, track, softball, football, rugby) and 
gymnastics. This proposed rule is based on the sports subcommittee's 
recommendations and the comments received to the ANPRM.
3.5 Definitions
    This section defines terms used in the proposed rule.
    The term ``area of sport activity'' distinguishes that portion of a 
room or space where the play or practice of a sport occurs from 
adjacent areas. Examples of areas of sport activity include basketball 
courts, baseball fields, running tracks, bowling lanes, and the area 
surrounding a piece of fixed gymnastic equipment. While the size of an 
area of sport activity may vary from sport to sport, each includes only 
the space needed to play. The following examples are provided for 
additional clarification.
    Example 1. Boundary lines define the field where a football game is 
played. A safety border is also provided around the field. The game may 
temporarily be played in the space between the boundary lines and the 
safety border when players are pushed out of bounds or momentum carries 
them forward while receiving a pass. Because the game of football 
anticipates that the space between the boundary line and the safety 
border is used to play the game, this space and the football field are 
included in the area of sport activity.
    Example 2. Uneven bars and other pieces of gymnastic equipment 
generally include space around the equipment for gymnasts to safely use 
the apparatus, including mounting and dismounting. In this example, the 
area of sport activity includes the space within which the apparatus is 
located.
    The sports subcommittee recommended the term ``field of play'' as a 
definition for the area where a sport is practiced or played. This term 
is not used in this guideline. However, the intent of the ``field of 
play'' concept is preserved. The term ``area of sport activity'' is 
used to indicate that the area required to be accessible is broader 
than a field of play and encompasses activities other than field 
sports.
4.1.1(5)(b)(iv)
    This section provides a new general exception for access to raised 
structures used solely for refereeing a sport. This provision exempts 
raised structures such as elevated judging stations for horse racing 
facilities and refereeing stands used for volleyball games and tennis 
matches. These raised structures are similar to those currently 
exempted under ADAAG 4.1.1(5)(b), such as observation galleries, prison 
guard towers, fire towers, and fixed lifeguard stands. This exception 
should not be construed to obviate the obligations of State and local 
government entities to provide program access under title II of the ADA 
or for employers to provide reasonable accommodation under title I of 
the ADA.
4.1.2(2)(a)
    This section requires that an accessible route complying with ADAAG 
4.3 must connect both player ends of a court. Where there are multiple 
courts, such as in tennis complexes, net posts for adjacent courts may 
be too close to provide the minimum width required for an accessible 
route. This provision, however, requires only one accessible route 
between player ends of a court. Therefore, not every opening between 
adjacent net posts must comply with ADAAG 4.3. One opening could serve 
two adjacent courts. If a route is not accessible, it will restrict the 
movement of persons with disabilities between player ends of a court. 
Movement between ends is necessary for switching sides during the play 
of a game. To reduce redundancy, similar changes to ADAAG 4.1.3 
(Accessible Buildings: New Construction) have not been included in this 
proposed rule.
4.1.2(2)(a) Exception
    This exception provides that vertical access to raised boxing rings 
is not required. ADAAG 4.3 requires at least one accessible route to 
connect accessible buildings, facilities, elements, and spaces that are 
on the same site. Rope barriers surrounding the raised area are an 
integral part of boxing rings. The ropes prevent the installation of an 
accessible route without compromising the integrity of the barrier. 
Modifications to this design feature would fundamentally change the 
nature of the sport. Therefore, the Board is proposing an exception for 
vertical access for these unique spaces. To reduce redundancy, similar 
changes to ADAAG 4.1.3 (Accessible Buildings: New Construction) have 
not been included in this proposed rule.
4.1.2(3)
    This exception provides that ADAAG 4.4, which sets requirements for 
protruding objects, does not apply to areas of sport activity. The 
sports subcommittee recommended that only exercise machines and 
gymnastic equipment be exempt from the requirements of ADAAG 4.4. 
However, in addition to exercise machines and gymnastic equipment, many 
other sports are played or practiced in facilities that contain 
protruding objects which are necessary for the play or practice of a 
sport. Examples include protrusions on obstacle courses and climbing 
walls. The exception for protruding objects is proposed because 
requiring most areas of sport activity to comply with ADAAG 4.4 would 
change the sport itself. To reduce redundancy, similar changes to ADAAG 
4.1.3 (Accessible Buildings: New Construction) have not been included 
in this proposed rule.
4.1.2(4) Exception 1
    Exception 1 provides that areas of sport activity are not required 
to comply with ADAAG 4.5, which sets requirements for accessible ground 
and floor surfaces. In proposing this exception, the Board has 
attempted to address accessibility to sports by balancing the 
conditions desired for sports facilities with the needs of persons with 
disabilities. Rules that govern a sport, or even common practices, 
often dictate the surface conditions of an area of sport activity. In 
examining the application of ADAAG to areas of sport activity, the 
sports subcommittee noted that ADAAG 4.1.2(4) and 4.1.3(3) require the 
entire surface of an accessible room or space to conform to ADAAG 4.5. 
Based on this, most sporting areas would be required to provide 
surfaces that are stable, firm, and slip-resistant and, where changes 
in level occur, ramps or other accessible means of vertical access. For 
example, beach volleyball, played on sand, and hockey, played on ice, 
would require stable, firm and slip-resistant surfaces. Requiring these 
surfaces to be accessible would fundamentally change these sports. 
Additionally, obstacle courses that have tires, beams, logs and other 
raised features would require accessible changes in level. The changes 
in level

[[Page 37337]]

are integral to the desired experience on an obstacle course.
    Under the proposed guidelines, areas of sport activity are 
considered an accessible space and are required to be connected by an 
accessible route to other accessible spaces and elements on a site. 
While the Board considers it necessary to permit exceptions for 
accessible surfaces, including level changes, in areas of sport 
activity, the accessible route connecting these spaces is critical and 
is not exempted. The required accessible route can be located where it 
does not enter an area of sport activity. To reduce redundancy, similar 
changes to ADAAG 4.1.3 (Accessible Buildings: New Construction) have 
not been included in this proposed rule.
4.1.2(4) Exception 2
    Exception 2 provides that in hoofed animal containment areas, the 
requirements of ADAAG 4.5 for stable, firm, and slip resistant surfaces 
do not apply. The provision is an exception to the surface requirement 
for accessible routes. In some facilities, including permanent 
fairgrounds, animal containment areas are open to the public for animal 
viewing, petting, and display. Absorbent material such as wood 
shavings, sawdust, and straw is provided for sanitary reasons. In most 
applications, a surface composed of such materials would not comply 
with the surface requirements of ADAAG 4.5
    Additionally, surfaces that are not firm or stable are sometimes 
necessary to ensure the safety and health of the animals. A hard 
pavement, for example, can damage the tissue of a hoof. This exception 
is consistent with the sports subcommittee's recommendations that 
included input from designers and operators responsible for hoofed 
animal containment areas.
    While the sports subcommittee recommended additional exceptions for 
the requirements for accessible routes and protruding objects in hoofed 
animal containment areas, the Board does not consider these necessary. 
Exception 2 only addresses those issues that conflict with sanitation 
and animal welfare. Since accessible routes can be located to avoid 
other features in livestock facilities where conflicts with the 
accessible route provisions may exist, the Board has not proposed any 
other exemptions. To reduce redundancy, similar changes to ADAAG 4.1.3 
(Accessible Buildings: New Construction) have not been included in this 
proposed rule.
4.1.3(12)(c)
    This section requires that 5 percent, but not less than one, of 
each type of locker be accessible. Lockers are required to comply with 
the requirements for storage in ADAAG. The sports subcommittee 
recommended that 5 percent of lockers in a locker room be accessible. 
The Board supports this recommendation and has also included a specific 
provision that one of each type of locker be accessible. Different 
types of lockers may include full-size and half-size lockers, as well 
as those specifically designed for temporary storage of various sports 
equipment.
4.1.3(13) Exception
    This provision exempts exercise machines from the requirements of 
ADAAG 4.27 that controls and operating mechanisms must have clear floor 
space, be located within accessible reach ranges, and be operable with 
one hand and not require tight grasping, pinching, or twisting of the 
wrist. Where applicable, ADAAG 4.27 also requires that the force 
required to activate controls be no greater than 5 lbf.
    Many of the requirements of ADAAG 4.27, as outlined above, may 
conflict with the operating characteristics of some exercise machines 
and equipment. Requiring compliance would significantly alter their 
design and function. While this section proposes an exception to the 
requirements of ADAAG 4.27, a new section 15.7.1 is proposed which 
includes a requirement for clear floor space for accessible exercise 
machines and equipment.
4.1.3(19)(c)
    This section requires that wheelchair spaces be provided in team or 
player seating areas serving accessible areas of sport activity. ADAAG 
4.1.3(19)(a) requires wheelchair spaces to be provided in spectator 
areas with fixed seating. This section requires wheelchair spaces to be 
provided in team or player seating areas in addition to the wheelchair 
spaces required for spectators. Where fixed seating is provided in team 
or player seating areas, no more than one to two wheelchair spaces are 
required based on the total number of seats provided.
    Wheelchair spaces in the team seating area must be connected by an 
accessible route and be provided with companion seating. The 
requirement to provide an accessible route to the team seating area 
does not necessarily require the accessible route to be located on the 
area of sport activity. The requirement for companion seating in this 
application is intended to include other team members and personnel. 
The section does not propose changes to the technical requirements for 
accessible seating in ADAAG 4.33.2, 4.33.3, 4.33.4, and 4.33.5.
    Professional and college baseball facilities often have recessed 
team seating areas, usually referred to as dugouts. A dugout has a rear 
wall, side walls and a roof. This configuration provides secure team 
seating, visibility for managers and a protected vomitory for players 
to safely enter and exit the area of sport activity. The recessed 
seating also allows for unobstructed spectator viewing over the team 
seating area.
    The sports subcommittee recommended that the use of platform lifts 
be permitted in new construction to provide access from a recessed 
dugout to the playing field. The sports subcommittee cited the 
exception under ADAAG 4.1.3 (5) Exception 4(a) which permits the use of 
platform lifts when providing access to a ``performing area.'' The 
sports subcommittee was concerned that if spectator seating is raised, 
lines of sight could be adversely affected. For this reason, the sports 
subcommittee recommended that such sight line constraints may justify 
the use of a platform lift.
    The proposed rule requires an accessible route to the team and 
player seating areas and to the area of sport activity. In a baseball 
facility, for example, an accessible route is required to connect a 
recessed dugout with the playing field. The Board does not agree with 
the sports subcommittee's recommendation that platform lifts be allowed 
to provide access to areas of sport activities and has not proposed an 
exception for a platform lift in new construction from a dugout. 
Providing ramp access facilitates more independent access for coaching 
and other management staff and others using playing fields for special 
events. Since it is technically feasible in new construction to design 
for ramp access, the Board does not believe that there is sufficient 
rationale for persons with disabilities to rely on a platform lift to 
gain access to a field.
    Question 13: Several new minor league baseball stadiums have 
provided ramp access from the dugout to the field by extending the ramp 
parallel to the fence line along the spectator seats. The Board is 
interested in receiving information about this and other designs for 
providing ramp access from the dugout to the field. The Board also is 
interested in knowing whether these ramp designs have presented any 
safety concerns for players or have interfered with the play of the 
sport (e.g., catching foul balls).

[[Page 37338]]

4.1.3(21)
    This section amends ADAAG 4.1.3(21) by requiring that where a 
public or common use dressing, fitting, or locker room is provided, the 
room must comply with ADAAG 4.35. An exception is included permitting 
five percent of dressing, fitting, or locker rooms to be accessible 
when they are provided in a cluster. Additionally, at least one of each 
type of room in each cluster is required to be accessible.
    This section clarifies that locker rooms are required to be 
accessible, regardless of whether they contain dressing rooms. 
Additionally, dressing rooms not located within larger rooms or 
clusters are required to be accessible. A reference to locker rooms has 
been added and scoping included for non-cluster situations. For 
consistency with other ADAAG scoping sections, the Board has also 
changed the reference from rooms used ``by general public, patients, 
customers, or employees'' to ``public or common use'' rooms.
4.1.3(22)(a)
    This section requires that where saunas or steam rooms are 
provided, each room must comply with ADAAG 4.36, which provides new 
technical provisions for accessible saunas and steam rooms.
4.1.3(22)(a) Exception
    This section provides an exception where saunas or steam rooms are 
provided in a cluster. Five percent, but not less than one, of sauna 
and steam rooms for each type of use in each cluster of rooms must 
comply with ADAAG 4.36.
    The sports subcommittee recommended that each sauna and steam room 
be accessible in new construction. However, the Board is aware that 
some facilities have clusters of small sauna rooms which are designed 
for one or two persons. Compliance with the proposed technical 
requirements in 4.36 without an exception could have the effect of 
eliminating such smaller units. Since saunas are similar in size to 
dressing rooms, the Board has proposed to address clustered sauna and 
steam rooms in the same manner as clustered dressing rooms in ADAAG 
4.1.3(21).
4.35  Dressing, Fitting, and Locker Rooms
4.35.1  General
    This section requires that locker rooms comply with ADAAG 4.35.
4.35.4  Bench
    This section requires that accessible dressing rooms, fitting 
rooms, and locker rooms have a bench complying with ADAAG 4.37, which 
provides new technical provisions for accessible benches.
4.36  Saunas and Steam Rooms
4.36.1  General
    This section requires that saunas and steam rooms required to be 
accessible comply with the technical provisions of ADAAG 4.36.
4.36.2  Turning Space
    This section requires turning space complying with ADAAG 4.2.3 to 
be provided within a sauna or steam room. Turning space is required 
within a sauna or steam room so that the door to the room can be opened 
independently by all users. The sports subcommittee did not recommend 
that a turning space be required within a sauna or steam room. In part, 
the sports subcommittee's rationale was based on an additional 
recommendation for a signaling device that would permit individuals to 
indicate a need to exit the room. Many commenters to the ANPRM did not 
support the recommendation for a signaling device citing safety 
concerns when individuals may be trapped in a sauna or steam room. 
Commenters also indicated that the requirement for a signaling device 
may be too onerous for operators. The Board agrees and has not proposed 
a requirement for a signaling device. To be effective, such a device 
would require monitoring and a method for assuring it is functional at 
all times.
4.36.2  Exception
    This exception allows the turning space in saunas or steam rooms to 
be temporarily obstructed by readily removable seats. This allows 
operators an option for smaller units designed for one or two persons.
    Knowing the location of the readily removable seats will be 
important for both operators and users of the saunas and steam rooms. 
Several options are recommended for operators and designers including 
signage indicating the location of the removable seat or by 
incorporating information about the location of the seat into other 
general user information.
    Question 14: The proposed accessibility guidelines for saunas do 
not require grab bars or other types of handholds. The Board is 
interested in whether some type of grab bar or handhold should be 
required to assist users when transferring from a wheelchair onto a 
bench in a sauna or steam room. Specific information on the location 
and types of handholds and grab bars recommended for this use is also 
requested.
4.36.3  Bench
    This section requires that, where provided, benches in saunas and 
steam rooms must comply with ADAAG 4.37, which provides new technical 
provisions for accessible benches.
4.36.3  Exception
    This exception allows the clear floor space required by ADAAG 
4.37.1 at an accessible bench in saunas or steam rooms to be 
temporarily obstructed by readily removable seats. As previously 
discussed, being aware of the location of the removable seat either by 
signage or other user information is important for both operators and 
users.
4.36.4  Door Swing
    This section provides that doors must not swing into the required 
clear floor space at an accessible bench in a sauna or steam room.
4.37  Benches
4.37.1  Clear Floor or Ground Space
    This section requires that clear floor or ground space be provided 
and be positioned for a parallel approach to an end of the bench seat.
4.37.2  Size
    This section provides technical criteria for accessible benches, 
including seat dimensions and back support. The seat on an accessible 
bench is required to be 20 to 24 inches deep and 42 inches long 
minimum. The bench is required to be fixed and provide back support 
which is 42 inches minimum in length and extend from a point two inches 
maximum above the bench to a point 18 inches minimum above the bench. 
These dimensions provide back support to approximately chest level on 
most adults. Back support may be achieved through locating benches 
adjacent to walls or by other designs that will meet the minimum 
dimensions specified.
4.37.3  Height
    This section requires a bench seat to be 17 inches minimum to 19 
inches maximum above the floor or ground. This height requirement is 
consistent with the bench height established in ADAAG 4.35.4 for 
benches located in dressing and fitting rooms.
4.37.4  Structural Strength
    This section requires that allowable stresses not be exceeded for 
materials used when a vertical or horizontal force

[[Page 37339]]

of 250 lbs. is applied at any point on the seat, fastener, mounting 
device, or supporting structure.
4.37.5  Wet Locations
    This section requires accessible benches, when installed in wet 
locations, to be slip-resistant and not accumulate water. This section 
is consistent with the requirements in ADAAG 4.35.4 for benches 
installed in conjunction with showers, swimming pools, and other wet 
locations.
15.7  Sports Facilities
15.7.1  Exercise Equipment and Machines
    This section requires that at least one of each type of exercise 
equipment and machine be provided with clear floor space complying with 
ADAAG 4.2.4 and be served by an accessible route. The required clear 
floor space must be positioned for transfer or positioned so that the 
equipment can be operated by an individual seated in a wheelchair. The 
position of the clear floor space may vary greatly depending on the use 
of the equipment or machine. For example, to make a stationary bicycle 
accessible, clear floor space adjacent to the seat would be appropriate 
to allow for transfer. Clear floor space for a bench press machine 
designed for use by an individual seated in a wheelchair, however, will 
most likely be centered on the operating mechanisms.
    Fitness facilities often provide a range of choices of equipment. 
For example, there are many different types of strength training 
machines and equipment. Each is designed to address a particular muscle 
group such as quadriceps, biceps, and abdominal muscles. Similarly, 
there are many types of cardiovascular exercise machines, such as 
stationary bicycles, rowing machines, stair climbers, and treadmills. 
At least one of each type of exercise equipment and machines must be 
served by an accessible route
    This proposal is consistent with the recommendation of the sports 
subcommittee. The sports subcommittee recommended that accessible 
routes be provided to and around exercise equipment and machines. The 
sports subcommittee also noted that many pieces of exercise equipment 
and machines are not fixed, and therefore, are not within the scope of 
ADAAG. ADAAG applies to fixed equipment. Access to non-fixed equipment, 
however, is covered by the ADA when provided by a public entity or a 
public accommodation. The obligations of covered entities providing 
this equipment are established by the Department of Justice ADA 
regulations.
15.7.2  Bowling Lanes
    This section requires at least five percent, but not less than one, 
of each type of bowling lane provided to be accessible. This 
requirement is consistent with other ADAAG provisions where multiple 
features are provided for the same use. Ten pin and duckpin bowling are 
among the different types of bowling lanes that may be provided in a 
bowling facility. Where team and player areas are provided in 
conjunction with accessible bowling lanes, ADAAG 4.1.3(19)(c) would 
apply and require accessible wheelchair spaces. Designers and operators 
have flexibility in the location of the required accessible lanes and 
seating areas. If fixed spectator seating is provided, ADAAG 
4.1.3(19)(a) specifies the number of wheelchair spaces that must be 
provided as a part of a bowling facility spectator area.
15.7.3  Shooting Facilities
    This section requires at least at least five percent of the total, 
but not less than one, of each type of fixed firing position provided 
to be accessible. Examples of different types of firing positions 
include, but are not limited to, positions having different admission 
prices, positions with or without weather covering or lighting, and 
different shooting events the fixed firing position is intended to 
support. Events include argon, muzzle loading rifle, small bore rifle, 
high power rifle, bulls eye pistol, action pistol, silhouette, trap, 
skeet, and archery (bow and crossbow).
15.7.3.1  Fixed Firing Position
    This section requires that an accessible fixed firing position 
contain a turning circle at least 60 inches in diameter that has a 
slope not steeper than 1:48 in all directions. A turning circle is 
needed at accessible firing positions to ensure sufficient maneuvering 
space for aiming.

Swimming Pools, Wading Pools, and Spas

    The sports, places of amusement, and outdoor developed areas 
subcommittees each provided recommendations in this area. The 
recommendations from these subcommittees were fairly consistent; 
however, there were some differences. For example, the sports 
subcommittee recommended that the methods of providing access into the 
water be limited to ramps, lifts, or combination stairs-transfer tiers. 
The places of amusement subcommittee provided the identified methods as 
examples, but did not limit accessible alternatives to those 
identified. The places of amusement subcommittee recommended that 
handrails be required on only one side of ramps, while the sports 
subcommittee recommended 22 inches clearance between handrails. The 
outdoor developed areas subcommittee recommended that the need for 
handrails at ramps, for example, be determined by the facility 
designer.
    Comments to the ANPRM generally agreed with the recommendations of 
the three subcommittees in terms of requiring one means of access into 
the water. Many commenters recommended that more specific technical 
specifications would be necessary to ensure compliance and reduce 
confusion.
    In October 1995, the Board sponsored a research project on swimming 
pool access. The project was conducted by the National Center on 
Accessibility at Indiana University. The project included an extensive 
literature review, telephone surveys of persons with disabilities, 
telephone surveys of pool operators and on-site testing of various 
means of accessing the water. Based on this research, the Board 
received additional information on the specific designs and 
requirements for providing safe and independent access into the water. 
The results of the project also supported many of the initial 
recommendations of the subcommittees. Based on this research and the 
information provided by the subcommittees, the Board is proposing 
accessibility guidelines for accessible entry and exit to and from the 
water.
    In addition to the input received from the Board sponsored research 
project, significant input has also been provided by the ANSI/NSPI-1 
Public Pool Standard Committee. This standard is currently under 
revision. With a parallel development process occurring for these 
standards, diverse input was received from pool designers and operators 
on accessibility guidelines for people with disabilities. The Board has 
made extensive efforts to maintain consistency between the ANSI/NSPI-1 
standard and ADAAG. The Board will continue its efforts to seek input 
and achieve harmonization with the ANSI/NSPI-1 standard.
15.8.1  Swimming Pools
    This section requires that at least two means of entry and exit be 
provided for each public and common use swimming pool. A sloped entry 
or lift must be the primary means of access. The secondary means of 
access is not permitted to duplicate the primary means and also allows 
transfer walls, transfer systems,

[[Page 37340]]

stairs, or moveable floors as a means of access. An exception permits 
swimming pools with less than 300 linear feet of swimming pool wall to 
have only one means of access, but that means of access must be either 
a lift or sloped entry.
    This section is generally consistent with the recommendations of 
the subcommittees and is supported by the Board sponsored research 
project. Sixty percent of the people with disabilities interviewed 
during the research project had used a pool during the previous year, 
and most, once a month. Of those individuals, 99 percent indicated that 
one or more means of access should be required at each pool. The need 
for more than one means of pool access was also supported by pool 
operators who participated in the study. At least one means of access 
was already being provided at 73 percent of the pools surveyed.
    No one means of access will fully meet the needs of all persons 
with disabilities. However, certain means of pool access provide 
independent operation to a broader range of people. These means include 
swimming pool lifts and sloped entries. Other means of access such as a 
transfer wall, transfer system, stairs, and moveable floors provide 
access for some people with disabilities. For example, stairs with 
handrails provide support for individuals who walk short distances and 
transfer systems serve individuals who prefer to transfer into the 
water without the use of a mechanical lift. When these means are 
combined with a pool lift or sloped entry, they serve a larger segment 
of the population of individuals with disabilities. For these reasons, 
larger pools, those with more than 300 linear feet of pool wall, are 
required to have at least two means of entry and exit to a pool. In 
larger swimming pools, multiple access points provide for greater 
safety and convenience to users, allowing some choice in methods of 
entering or exiting the pool.
15.8.2  Wading Pools
    This section requires at least one accessible means of entry to be 
provided in wading pools. Acceptable means of entry are sloped entry, 
transfer wall, or transfer system. Unlike swimming pools, the size and 
depth of wading pools limits the options for access into the water. For 
example, the ANSI/NSPI-1 Committee is expected to require wading pool 
depths to be limited to 18 inches maximum. Where wading pools are less 
than 18 inches deep, a pool lift cannot be used.
    Question 15: It has been suggested to the Board that it is 
inappropriate to require a means of access into a wading pool because 
the height of transfer walls and other transfer systems are considered 
to be hazardous to children. Based on these concerns, should the Board 
consider exempting these areas?
15.8.3  Spas
    This section requires at least one accessible means of entry into 
spas. The means of entry must be a lift, transfer wall, or transfer 
system. Like a wading pool, size and depth limitations prohibit the use 
of certain means of entry into a spa. While a swimming pool lift is an 
option for a spa, a sloped entry may significantly impact size and 
designs for water containment.
    An exception has also been added to address facilities where spas 
are provided in a cluster. The exception allows for five percent, but 
not less than one, in each cluster to be accessible. This application 
is consistent with the other requirements in ADAAG where multiple 
elements of the same type are clustered.
15.8.4  Swimming Pool Lifts
    This section provides technical provisions for swimming pool lifts. 
The provisions provide specifications for the necessary clear deck 
space and seat orientation to ensure usability for persons with 
disabilities.
15.8.4.1  Seat Location
    This section requires the centerline of the seat, when in the 
raised position, to be located over the deck and 20 inches minimum from 
the edge of the pool. The position of the lift seat is important for 
ease of operation and for safety. The location in relationship to the 
edge of the pool is especially important to facilitate safe transfers. 
The 20 inch minimum distance from the edge of the pool, allows space to 
transfer over the deck. Unsafe conditions created by locating the seat 
either over the water or too close to the deck edge were observed 
during the Board sponsored research project and were identified by 
research subjects as problems affecting access.
15.8.4.2  Clear Deck Space
    This section requires a clear deck space on the side of the seat 
opposite the water. The space is measured from the seat. Clear space is 
required to be 30 inches wide minimum and 48 inches long minimum from a 
line located 12 inches behind the intersection of the seat and its 
back. The clear space is specified in relationship to the seat to allow 
unobstructed space for either side or diagonal transfer. The space must 
be clear and free of deck braces that can interfere with transfer. 
Figure 71 shows the clear floor space, its position, and dimensions.
15.8.4.3  Seat Height
    This section requires the height of a lift seat to be 16 inches 
minimum to 18 inches maximum above the deck floor. This height is to be 
measured from the deck to the top of the seat surface when the seat is 
in the raised (load) position. In addition to the clear deck space, 
lift seat height is also critical for transfer from a wheelchair or 
other mobility device. Several ADAAG provisions such as water closet 
seat height and bench height establish a transfer height of 17 to 19 
inches for adults. Information obtained from the Board sponsored 
research project supported the heights established for other elements 
designed for transfer. A slight departure from this provision has been 
proposed to address the needs of children transferring to a lift seat. 
ADAAG 4.16.7 (Water Closets for Children) permits 11 inches minimum to 
17 inches maximum to the top of a toilet seat height. An adjustable 
seat may accommodate the need for varying transfer heights for users of 
all ages.
15.8.4.4  Seat Width
    This section requires a lift seat to be 16 inches wide minimum. 
This dimension is consistent with seat widths established for other 
seating elements and will accommodate a range of users. Each of the 
seats tested during the Board sponsored research project either met or 
exceeded this minimum requirement.
    Question 16: Different types of seats are available on swimming 
pool lifts. The types include flexible sling seats, plastic or 
fiberglass seats, and larger stretcher designs that accommodate the 
entire body. Persons with disabilities involved in the Board sponsored 
research project expressed interest in all types of seats. The Board 
has not proposed any special technical provisions for the material of 
the seat. Should a certain type of seat be required on swimming pool 
lifts?
15.8.4.5  Footrests and Armrests
    This section requires footrests to be provided and to move in 
conjunction with the seat. Many adult legs will extend beyond 16 to 18 
inches below the lift seat. Without a footrest, users' feet will drag 
across the deck, potentially causing injury.
    This section also requires that, if provided, the armrest opposite 
the water be removable or fold clear of the seat when the seat is in 
the raised (load)

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position. This clearance is necessary to allow for transfer from a 
wheelchair or other mobility device. Armrests are not required on the 
lift seats because there is insufficient information to determine their 
usefulness and optimal design criteria. However, when provided, 
armrests may not obstruct transfer.
    Question 17: Should armrests be required on swimming pool lifts? If 
so, please provide specific information regarding the appropriate size 
and location.
15.8.4.6  Operation
    This section requires that a pool lift be capable of unassisted 
operation from both the deck and water levels. ADAAG requires that 
platform lifts provide unassisted operation. The need for independence 
is not diminished by the fact that the user operates a swimming pool 
lift. A large percentage of the respondents in the Board sponsored 
research project noted the importance of using a lift without 
assistance. Pool facility staff also indicated the importance of a 
device or design that could be used without pool staff assistance. 
Lifts that are operated manually do not offer independent use because 
they require an attendant to operate a crank which is unreachable by 
the lift user. In most cases, power-operated lifts can offer 
independent use.
    This section also requires that controls and operating mechanisms 
be unobstructed when a lift is in use. This is also important for 
independent operation. Controls and operating mechanisms may not 
require continuous manual pressure for operation and must comply with 
ADAAG 4.27.4 which requires that operating controls not require tight 
grasping, pinching, or twisting of the wrist. Additionally, the 
controls may not require more than 5 lbf to operate. This is consistent 
with requirements for other accessible elements with operating 
mechanisms.
15.8.4.7  Submerged Depth
    This section requires that a pool lift be designed so that the seat 
will submerge to a water depth of 18 inches minimum. This depth is 
necessary to ensure buoyancy for the person on the lift seat once in 
the water. Data relating to buoyancy levels was provided through the 
Board sponsored research project. A diverse group of persons with 
disabilities were tested to establish minimum levels of buoyancy with a 
sloped entry and a lift.
15.8.4.8  Lifting Capacity
    This section requires that single person pool lifts provide a 
minimum weight capacity of 300 lbs. Lifts also must be capable of 
sustaining a static load of at least three times the rated load. ANSI 
A17.1 for platform lifts (Rule Number 2002.7A) requires a minimum 
weight capacity of 250 lbs. for single seat lifts. Data from the Board 
sponsored research project indicated that the 250 lbs. may be 
insufficient. Swimming pool lifts used at two of the facilities for on-
site testing were replaced because of weight damage. Breakdowns and 
injuries due to insufficient weight capacity of pool lifts were cited 
in the telephone interviews of pool facility staff and people with 
disabilities. Based on this information, the weight capacity is 
proposed at 300 lbs. for single person lifts, with the capability of 
sustaining a static load of at least three times the rated load. This 
requirement was also supported by several pool lift manufacturers who 
provided advice during the Board sponsored research project.
15.8.5  Sloped Entries
    This section provides technical provisions for sloped entries. 
These proposed technical provisions provide requirements for more 
gradual sloped entries, commonly referred to as beach entry, zero grade 
entry, or in-the-water ramps. Due to the similarities of this type of 
entry with ramps used in other buildings and facilities, provisions in 
ADAAG have been referenced accordingly.
    The use of an aquatic chair or other type of water resistant chair 
is important for use of a pool ramp and other sloped entries to gain 
access into the water. Use of personal wheelchairs or power chairs in 
the water can create safety and health hazards. Provisions regarding 
aquatic chairs cannot be included in ADAAG. The provision of such 
chairs, however, may be subject to the Department of Justice ADA 
regulations.
15.8.5.1  Sloped Entries
    This section requires sloped entries designed to provide access 
into the water to comply with most of the provisions of ADAAG 4.3 
(Accessible Route). Where a sloped entry has been designed to provide 
access into the water, it must provide an accessible route. This 
requires that when the slope of the entry exceeds 1:20, the provisions 
of ADAAG 4.8 (Ramps) are applied.
15.8.5.2  Submerged Depth
    This section modifies the requirements of ADAAG 4.3 and requires 
sloped entries designed to provide access into the water to extend to a 
depth of 24 inches minimum to 30 inches maximum below the stationary 
water level. This requirement is consistent with the submerged depth 
requirement for swimming pool lift seats in the water. As indicated in 
15.8.4.7, the Board sponsored research project provided data related to 
buoyancy levels necessary for a variety of subjects with disabilities. 
Mean buoyancy and mean seated height were calculated to determine the 
buoyancy point and water depth at which subjects became buoyant or 
floated off their wheelchairs. While there was limited testing with 
children, anthropometric data indicated that a water depth exceeding 30 
inches would be over the mouth and nose of an average 9 year old child.
    This section also requires that at least one landing be located 24 
inches minimum to 30 inches maximum below the stationary water level. 
The requirement for landings applies to sloped entries when the slope 
exceeds 1:20 and the entry must comply with the provisions for ramps. 
Beach access or zero grade entries do not have slopes in excess of 1:20 
and are not required to have landings. When beach access or zero grade 
entry is provided, the entry must extend to a depth of 24 inches 
minimum to 30 inches maximum below the stationary water level.
    Since wading pools are less than 24 to 30 inches deep, an exception 
provides that sloped entries are only required to extend to the deepest 
part of the wading pool.
15.8.5.3  Handrails
    This section requires handrails on all sloped entries. The clear 
width between handrails must be between 33 inches minimum and 38 inches 
maximum. Information from on-site testing and interviews in the Board 
sponsored research project indicated a need for handrails on both sides 
of a sloped entry, regardless of whether mobility aids were used. Pool 
operators also indicated that two handrails were most often found on 
pool ramps. Further, while a gradual sloped entry (beach or zero grade 
entry) increased usability for many individuals, handrails were 
especially important given the travel distance to sufficiently deep 
water. Handrails on both sides of ramps are necessary for individuals 
with limited use of one arm. In light of concerns regarding underwater 
obstructions, an exception is provided for handrail extensions required 
at the bottom landing of a pool ramp.
15.8.6  Transfer Walls
    This section provides technical provisions for transfer walls. 
Transfer walls provide a surface at the edge of a

[[Page 37342]]

pool for transfer into the water. Transfer walls may be elevated walls 
at the pool edge or lowered sections of the deck. A transfer wall is a 
secondary means of access into the water and must be combined with a 
lift or sloped entry. A transfer wall is proposed to be a secondary, 
not a primary means of access, because this method of entry requires 
significant upper body strength.
15.8.6.1  Clear Deck Space
    This section requires clear deck space of 60 inches minimum by 60 
inches minimum to be provided at the base of a transfer wall. Clear 
space is needed to allow individuals to transfer and maneuver from 
their wheelchair or mobility device. Where one grab bar is provided on 
a transfer wall, the clear deck space must be centered on the grab bar. 
This allows sufficient space for a transfer on either side of the grab 
bar. Where two grab bars are provided, the clear deck space must be 
centered on the clearance between the grab bars. This requirement 
provides sufficient space between grab bars for transfer. Section 
15.8.6.5 provides additional requirements for grab bars, including 
spacing.
15.8.6.2  Height
    This section requires the height of transfer walls to be 16 inches 
minimum to 18 inches maximum measured from the deck below. The height 
requirement is consistent with proposed requirements for pool lift seat 
heights at 15.8.4.3 and similarly addresses the needs of some children.
15.8.6.3  Wall Depth
    This section requires the depth of a transfer wall to be 12 inches 
minimum to 16 inches maximum. As a minimum, the 12 inch depth of the 
transfer wall provides adequate space for a person to comfortably sit 
on the surface of the wall. The wall depth is limited to 16 inches 
maximum so that users are not required to traverse the wall to transfer 
to the water.
15.8.6.4  Surface
    This section requires the surface of a transfer wall to be free of 
sharp edges. This is necessary to reduce the potential for injury when 
individuals move across the surface of the wall. Sharp edges may result 
in abrasions and other injuries.
15.8.6.5  Grab Bars
    This section requires at least one grab to be provided on a 
transfer wall. Similar to other elements which require transfer, a grab 
bar is necessary to assist users to transfer to and from the transfer 
wall. Grab bars also facilitate transfer to and from the water. Grab 
bars are required to be perpendicular to the pool wall and extend the 
full depth of the wall. The top of the gripping surface must be 4 
inches maximum above the wall. Where two grab bars are provided, 
clearance between grab bars must be 22 inches minimum. Where one grab 
bar is provided, clearance must be 22 inches minimum on both sides of 
the grab bar. Grab bars must comply with ADAAG 4.26.
15.8.7  Transfer Systems
    This section provides technical provisions for transfer systems 
used as a means of access into the water. A transfer system consists of 
a transfer surface, combined with a series of transfer steps that 
descend into the water. Users must transfer from their wheelchair or 
mobility device to a surface and continue transferring from step to 
step.
    Transfer systems have been used in play areas for the past several 
years to provide access to elevated structures. While it has been an 
important method for some children to gain access to an elevated play 
structure, it is limited to use by persons who are able to transfer, 
with or without assistance. Transfer systems are not considered a 
primary means of access because they require sufficient upper body 
strength to transfer independently, or assistance must be provided. A 
transfer system may only be used as a secondary means of access in a 
larger pool with 300 linear feet or more of pool wall and must be 
combined with either a lift or a sloped entry.
15.8.7.1  Transfer Platform
    This section requires a transfer platform to be 19 inches deep 
minimum by 22 inches wide minimum. Transfer platforms must be provided 
at the head of each transfer system. The transfer platform is the first 
point of transfer from a wheelchair or mobility device before entering 
the water. The minimum width and depth is necessary to comfortably sit 
on the platform.
15.8.7.2  Clear Deck Space
    This section requires a clear deck space of 60 inches wide minimum 
by 60 inches long minimum with a slope not steeper than 1:48 at the 
base of the transfer platform. A level unobstructed space at the base 
of the transfer platform, centered along the 22 inch side, is necessary 
to facilitate a transfer from a wheelchair or mobility device. The 
clear space requirement is consistent with spaces also needed at the 
base of a transfer wall.
15.8.7.3  Height
    This section requires the height of transfer platforms to be 16 
inches minimum to 18 inches maximum measured from the deck. This height 
requirement is consistent with other elements used to provide access 
into the water.
15.8.7.4  Transfer Step Risers
    This section requires transfer step risers to be 7 inches maximum 
in height. It also requires that transfer step risers extend to a water 
depth of 18 inches minimum. Based on the Board sponsored research 
project, a 7 inch maximum step riser was considered to be a comfortable 
transfer height when moving from step to step. The 18 inch minimum 
depth requirement is consistent with the buoyancy data obtained from 
on-site testing completed during the Board sponsored research project.
15.8.7.5  Surface
    This section requires the surface of a transfer system to be free 
of sharp edges. Similar to other transfer surfaces, this is necessary 
to reduce the potential for injury. Sharp edges may result in abrasions 
and other injuries.
15.8.7.6  Size
    This section requires each transfer step to have a tread depth of 
12 inches minimum and 17 inches maximum. A 22 inch minimum tread width 
is also required. A minimum tread depth and width is necessary to 
ensure adequate space for movement on transfer steps.
15.8.7.7  Grab Bars
    This section requires one grab bar on each step to be located so 
that the grab bar does not obstruct transfer at either a transfer 
platform or a transfer step. The top of the gripping surface must be 4 
inches maximum above each step. Grab bars must comply with ADAAG 4.26.
15.8.8  Pool Stairs
    This section provides technical provisions for pool stairs used as 
a means of entry and exit to the water. Stairs may only be used as a 
secondary means of access in a larger pool with 300 linear feet or more 
of pool wall and must be combined with either a lift or a sloped entry.
15.8.8.1  Pool Stairs
    This section requires pool stairs to comply with ADAAG 4.9 
(Stairs), except as modified. ADAAG 4.9 has been referenced since 
stairs in pools are used in a similar manner as stairs elsewhere. 
Unlike transfer steps which are

[[Page 37343]]

designed for individuals to use in a seated position, pool stairs are 
used by individuals who walk.
15.8.8.2  Handrails
    This section requires the width between handrails to be 20 inches 
minimum to 22 inches maximum. To reduce the potential for underwater 
protrusions, handrail extensions required by ADAAG 4.9.4 are not 
required at the bottom landing serving a pool stair. The handrail width 
provides users who are ambulatory the opportunity for support. During 
the Board's work with the ANSI/NSPI-1 Public Pool Standard Committee, 
pool designers supported this requirement based on their experience and 
preferences from users. The width requirement is similar to the grab 
bar configuration required in ADAAG Figure 30(b) (Alternate Stalls).
15.8.9  Moveable Floors
    This section requires that the pool coping comply with ADAAG 4.5.2 
where a moveable floor connects with a pool deck. Moveable floors in 
pools are designed in several ways. In some cases, the entire pool 
floor or only a section of the floor is raised or lowered to the 
desired depth. Hydraulic pistons are used to slowly move the floor. 
When the floor is raised to deck level, people can either walk or roll 
their wheelchair or mobility device onto the pool floor and then be 
lowered to the desired water depth.
    The ANSI/NSPI/WWA-9 Committee is developing new standards for 
public pools and water sources for aquatic recreation facilities. This 
includes wave pools, activity pools, leisure rivers, and other 
facilities often found in water parks. This standard will not address 
conventional swimming pools, pools for competitive aquatic sports, and 
wading pools which are covered by ANSI/NSPI-1. ADAAG will apply to all 
swimming pools and aquatic recreation facilities. The proposed 
guidelines provide designers with a choice of options of how to provide 
access. For example, while moveable floors may not be appropriate for a 
wave pool, sloped entries have been used as a means of access into 
water. Designers and operators can select the means of access 
appropriate to the design and function of the pool.
    Question 18: Are there specific features within aquatic recreation 
facilities where it is technically infeasible in new construction to 
comply with the proposed requirements in 15.8? If so, the Board is 
interested in specific examples of why this is not feasible, along with 
alternatives to providing access for persons with disabilities.

Other Issues

    The sports subcommittee recommended that separate accessible unisex 
toilet and changing facilities be provided in sports facilities. This 
was based on the concern that some individuals with disabilities use 
the assistance of persons of the opposite sex and require a toilet or 
bathing facility that accommodates both persons. The Board is aware of 
this concern and has worked with model building code organizations to 
develop scoping provisions for accessible unisex toilet facilities. 
These provisions will likely be incorporated into State and local 
building codes. It is anticipated that this would be required in 
assembly and mercantile occupancies where an aggregate of six or more 
fixtures (e.g., toilets for either men or women) are provided. Assembly 
occupancies include, but are not limited to, theaters, museums, 
nightclubs, stadiums, amusement parks, restaurants, health clubs, and 
transportation facilities.
    Question 19: Multi-head showers, often referred to as ``gang'' 
showers, can be designed to meet the requirements in ADAAG 4.21, which 
requires grab bars on three sides. Is this location of the grab bars 
useful in multi-head showers? If not, what design would be most useful?
    Question 20: The Board has not proposed exceptions for existing 
conditions where recreation facilities are altered. Some exceptions 
will be necessary to address elements and features where unique 
conditions prevent accessibility according to new construction 
requirements. Commenters are encouraged to recommend exceptions where 
necessary. Please provide an explanation of the problem and the 
solution, including costs and benefits associated with recommended 
exceptions.
    Question 21: Some wheelchairs designed for wheelchair sports have a 
longer or wider wheelbase than those designed for everyday use. The 
Board is interested in obtaining more information about the dimensions 
of sports wheelchairs and any issues related to their use in sports 
facilities complying with ADAAG. Do existing ADAAG requirements for 
door widths, maneuvering clearances, or clear floor space allow for use 
of such wheelchairs? If not, please provide specific information 
regarding problems experienced and how these problems have been 
addressed.
    Question 22: The Department of Justice's ADA regulations require 
that public entities and places of public accommodation ensure 
effective communications so that persons with visual and hearing 
impairments can obtain information about programs, services, 
activities, and facilities. The Board has examined sports facilities to 
determine if ADAAG adequately addresses access to communications in 
various types of sports facilities. There are areas in sports 
facilities where information is communicated to players, coaches, and 
spectators via fixed communications systems. Examples include screens 
displaying scoring information and public address announcements. The 
Board seeks further information on specific concerns not currently 
addressed by ADAAG regarding communication accessibility in recreation 
facilities. The Board wishes to explore accessible communication 
technologies that are fixed building elements. Please also provide 
information about accessibility issues related to fixed, inaccessible 
communication systems.
    Question 23: On April 30, 1998, the Access Board published proposed 
accessibility guidelines for play areas (63 FR 24080). During the 
comment period, several commenters requested clarification on the 
application of the proposed accessibility guidelines to water play 
components. Some play components have mechanisms that squirt water. In 
some facilities, including neighborhood parks and other recreation 
facilities, these water play components are not located in a swimming 
or wading pool and, therefore, would be considered ground-level play 
components. Sections 16.1.1(1) and 16.1.5 of the proposed accessibility 
guidelines for play areas would require one of each type of ground-
level play component to be accessible and be connected by an accessible 
route. In other facilities, water play components are located in 
swimming and wading pools. For example, wading pools designed for small 
children often include water play components. Section 15.8.1 of this 
proposed rule would require an accessible means of entry into each 
public use and common use swimming pool. Should the Board develop 
additional provisions to more specifically address access to these 
water play components? If so, please provide specific examples of the 
type of guidance required.

[[Page 37344]]

Regulatory Process Matters

Executive Order 12866: Regulatory Assessment

    This proposed rule is a significant regulatory action under 
Executive Order 12866 and has been reviewed by the Office of Management 
and Budget. The Administrator of the Office of Information and 
Regulatory Affairs of the Office of Management and Budget considers the 
proposed rule to be a major rule under the Congressional Review Act (5 
U.S.C. 801 et seq.). The Board has assessed the potential costs and 
benefits of the rule. For each type of facility covered by the rule, 
the Board has analyzed data on the number of existing facilities, 
number of new facilities projected to be built each year, current 
design and construction practices, construction costs, and any 
additional costs expected to result from the rule. For some facility 
types, sufficient data was not available to conduct a complete 
analysis. The data is summarized below. The Board invites comment on 
the data and seeks additional data as indicated below.

Amusement Rides

    There are approximately 200 amusement and theme parks in the United 
States. These facilities operate a variety of amusement rides, whose 
costs typically range from $90,000 to $600,000. Theme park rides and 
roller coasters are usually unique and cost millions of dollars. There 
is limited data available on capital investment for new amusement 
rides. In a trade association survey, 10 amusement facilities projected 
capital investments totaling $267 million in 1997, and approximately 
the same number of facilities projected $140 million in 1998. These 
figures include the construction of concession stands and other 
facilities, in addition to amusement rides. Based on this limited data 
and assuming an average cost of $345,000 for an amusement ride, it is 
estimated that there are 590 new rides annually. This represents 3 new 
rides for existing amusement facilities each year.
    The Board seeks additional data from owners and operators of 
amusement rides on the number of new amusement and theme parks expected 
to be constructed in the next five years, the number and types of rides 
expected to be provided at these new facilities, the number and types 
of rides expected to be added each year to existing facilities, and the 
costs of the rides. The Board also seeks information on current design 
and construction practices for providing access to new rides.
    Industry sources estimate that the cost for providing a wheelchair 
space on an amusement device ranges from $4,500 to $150,000 and the 
cost for providing a transfer seat ranges from $15,000 to $100,000. 
Industry sources further estimate that the cost for providing a 
wheelchair storage space for each transfer seat ranges from $0 to 
$5,000 for ground-level load and unload areas, and from $20,000 to 
$60,000 for elevated load and unload areas. Some of these estimates 
appear to be based on retrofitting existing rides to provide access. 
Designing new rides to provide access from the conceptual phase onward 
usually results in much less cost. For example, incorporating a 30 inch 
by 48 inch minimum clear floor space for storing a wheelchair in the 
design of an elevated load and unload area should cost a lot less than 
$20,000 to $60,000. The Board seeks additional data on the costs for 
providing wheelchair spaces and transfer seats on amusement devices 
where these designs are incorporated in the conceptual phase of the 
ride.

Boating Facilities, and Boat and Ferry Docks

    There are approximately 10,375 marinas and 1.1 million boat slips 
in the United States. New boating facilities incorporate wider piers 
and pier clearances in their designs and the proposed provision for 
accessible boat slips is not expected to result in any increase in 
costs. The proposed provision for gangways connecting floating 
platforms will have a cost impact. The cost will depend on the size of 
the facility and water level change. Small facilities and facilities 
with high water level changes are permitted to exceed a 1:12 maximum 
slope under the conditions specified in Table 15.2.1. Cost estimates 
were prepared by engineers for constructing gangways for various water 
level changes with and without maintaining a 1:12 maximum slope to 
determine the incremental costs resulting from the proposed rule. 
Actual construction costs in a competitive bid environment may vary up 
to 50 percent above or below these engineering estimates. Cost 
estimates were prepared for four regions of the country and national 
averages used. The incremental costs were compared to the total 
construction costs for boating facilities, which are assumed to be $40 
per square foot. Land acquisition is not included in the construction 
costs.
    For a boating facility with 10 slips and 2,450 square feet of fixed 
and floating piers, the gangway would have to maintain a 1:12 maximum 
slope for water level changes up to 2.5 feet. The total construction 
cost for the facility is estimated at $99,600. The incremental cost for 
maintaining a 1:12 maximum slope when the water level change is 2.5 
feet is $1,825, or 1.8 percent of the total construction costs.
    For a boating facility with 100 slips and 20,550 square feet of 
fixed and floating piers, the gangway would have to maintain a 1:12 
maximum slope for water level changes up to 12.5 feet. The total 
construction cost for the facility is estimated at $822,000. The 
incremental cost for maintaining a 1:12 maximum slope varies directly 
with the water level change. For a 2.5 feet water level change, the 
incremental cost is $1,825 or 0.2 percent of the total construction 
cost; for a 5 feet water level change, the incremental cost is $12,769 
or 1.5 percent of the total construction cost; for a 7.5 feet water 
level change, the incremental cost is $42,881 or 5.2 percent of the 
total construction cost; for a 10 feet water level, the incremental 
cost is $62,956 or 7.6 percent of the total construction cost; and for 
a 12.5 feet water level change, the incremental cost is $110,406 or 
13.4 percent of the total construction cost.
    The Board seeks data from owners and operators of boating 
facilities on the number of new boating facilities with floating 
platforms expected to be constructed in the next five years, the size 
of the facilities (total square feet of fixed and floating piers), 
water level changes at the facilities, and costs of the facilities.
    Boat and ferry docks that consist of floating platforms also would 
have to comply with the gangway provision. The Board seeks the same 
data for boat and ferry docks as requested above for boating 
facilities.

Fishing Piers and Platforms

    There is limited data available on the number of fishing piers and 
platforms in the United States. The National Marine Fisheries Service 
lists 3,000 saltwater fishing sites on the East Coast and Gulf of 
Mexico, excluding Florida and Texas. These sites include piers, 
beaches, jetties, marinas, and bridges. The Army Corps of Engineers has 
constructed 413 fishing piers and docks which are usually operated by 
public and private entities.
    New fishing facilities have wider piers and platforms and the 
proposed provisions for clear space and maneuvering space are not 
expected to result in any increase in costs. The proposed rule does not 
require new fishing facilities to provide railings. However, if 
railings are provided, the proposed rule sets a maximum height for a 
portion of the railings and also

[[Page 37345]]

requires edge protection to extend at least 2 inches above the ground 
or deck surface. The cost of this requirement is negligible when 
compared to the total cost of the facility.
    New fishing facilities that consist of floating platforms will have 
to comply with the same maximum slope requirements for gangways as do 
boating facilities with floating platforms. The Board seeks data from 
owners and operators of fishing facilities on the number of new fishing 
facilities with floating platforms expected to be constructed in the 
next five years, the size of the facilities (total square feet of fixed 
and floating piers), water level changes at the facilities, and costs 
of the facilities.

Golf

    There are approximately 11,300 public and municipal golf courses in 
the United States. Based on the number of new golf courses opened 
between 1992 and 1997, the rate of new construction is projected at 3.8 
percent, or about 430 new golf courses annually. Most recently 
constructed golf courses meet the proposed provisions for a golf car 
passage, teeing grounds, putting greens, and driving ranges and 
practice tees. Industry sources have indicated that the proposed rule 
is expected to have minimal to negligible cost impact on the 
construction of new golf courses.

Miniature Golf

    There are 3,000 to 4,000 miniature golf courses in the United 
States. Miniature golf course lots vary considerably in size. There is 
a trend to design courses with elevated holes. One designer typically 
uses 29,000 square feet for an 18 hole course, with an average hole 
size of 360 square feet. Land costs range from $3 to $15 per square 
foot. Holes and paths typically consist of concrete or brick, and cost 
from $1 to $3 per square foot. The Board seeks additional data on the 
number of new miniature golf courses expected to be constructed in the 
next five years, the size of the facilities, and total project costs, 
including land, materials, and labor.
    The cost impact of the proposed rule will vary based on the 
elevation change and hole design of the miniature golf course. The 
proposed rule would require at least 50 percent of elevated holes to be 
accessible. The proposed rule also allows holes to be designed so that 
wheelchair users can hit the ball from an accessible route adjacent to 
the hole instead of providing an accessible route through the hole. One 
designer estimates that it will cost 5 percent to 45 percent more to 
connect holes with an accessible route. Designers will plan miniature 
golf courses differently based on accessibility requirements. The Board 
seeks information on designs that will comply with the proposed rule, 
meet the objectives of miniature golf course operators, and make 
optimum use of space. Commenters should identify differences in space 
usage from current design practices and the method for estimating 
additional costs attributed to the proposed rule.

Sports Facilities

    The proposed rule adds several exceptions to existing ADAAG 
provisions for certain sports facilities. There is no cost associated 
with these exceptions. The proposed rule also includes provisions for 
exercise equipment and machines, bowling lanes, shooting ranges, sauna 
and steam rooms, and locker rooms. There are approximately 13,800 
health and fitness clubs; 6,700 bowling centers; and 6,400 shooting 
ranges in the United States. In addition, hotels and motels, schools, 
colleges and universities, and public parks and recreation programs 
often have exercise equipment and machines, sauna and steam rooms, and 
locker rooms as part of their facilities. Industry sources have 
indicated that the proposed rule is expected to have negligible impact 
on the construction of these new sports facilities.

Swimming Pools, Wading Pools, and Spas

    There is no data available on the number of commercial swimming 
pools in the United States. One manufacturer estimates that about 2,500 
new commercial swimming pools are constructed each year. Most 
commercial swimming pools have less than 300 linear feet of pool wall. 
Schools, colleges and universities, and public parks and recreation 
programs usually construct pools having more than 300 linear feet of 
pool wall. Assuming a unit cost of $142 per square foot, a 5,000 square 
foot pool would cost $.7 million and a 10,000 square foot pool would 
cost $1.4 million. The Board seeks additional data on the number of 
commercial swimming pools constructed each year, the size of the pools, 
and their costs. The Board also seeks information on the extent to 
which an accessible means of entry is currently provided to newly 
constructed pools.
    The costs for the various accessible means of entry to a swimming 
pool range from $2,860 to $7,500 for swimming pool lifts; $8,282 to 
$11,000 for sloped entries; $3,600 to $4,000 for transfer walls; $864 
to $3,000 for transfer systems; $2,413 to $3,000 for pool stairs; and 
$200,000 to $500,000 for movable floors.
    The proposed rule would require swimming pools which have less than 
300 linear feet of pool wall to provide at least one accessible means 
of entry to the pool. If a swimming pool lift costing $5,200 is used, 
the additional cost would be 0.7 percent of the total construction cost 
for a 5,000 square foot pool. Assuming that 80 percent of new pools 
have less than 300 linear feet of pool wall, it would cost $10.4 
million annually to provide swimming pool lifts for these 2,000 new 
pools.
    The proposed rule would require swimming pools which have 300 
linear feet or more of pool wall to provide at least two accessible 
means of entry to the pool. If a swimming pool lift costing $5,200 and 
a transfer system costing $2,400 are used, the additional cost would be 
0.5 percent of the total construction cost for a 10,000 square foot 
pool. Assuming the other 20 percent of new swimming pools have 300 
linear feet or more of pool wall, it would cost another $3.8 million 
annually to provide swimming pool lifts and transfer systems for those 
500 new pools.
    The proposed rule also would require an accessible means of entry 
to wading pools and commercial spas. The Board seeks data on the number 
of new wading pools and commercial spas constructed each year and their 
costs. The Board also seeks information on the means currently used to 
provide access to wading pools and commercial spas, and the costs for 
providing access.

Benefits

    The proposed rule is issued pursuant to the Americans with 
Disabilities Act (ADA) to eliminate discrimination against individuals 
with disabilities. In enacting the ADA, Congress expressly found that 
architectural, transportation and communication barriers result in 
discrimination against individuals with disabilities. The proposed rule 
will ensure that new recreation facilities are readily accessible to 
and usable by individuals with disabilities. As new recreation 
facilities are designed and constructed to be accessible, individuals 
with disabilities will enjoy the benefits of these facilities. 
Operators of recreation facilities will experience increased usage and 
patronage by individuals with disabilities. The proposed rule also 
establishes the basis for uniform standards for accessibility to 
recreation facilities. Designers and manufacturers will have a clear 
and consistent set of standards with which to work. Establishing 
uniform standards

[[Page 37346]]

for accessibility has resulted in innovation and new designs that are 
cost effective and beneficial to everyone.

Regulatory Flexibility Act: Initial Regulatory Flexibility Analysis

    The Board has prepared this initial regulatory flexibility analysis 
for purposes of the Regulatory Flexibility Act to describe the impact 
of the proposed rule on small entities.

Reason for, Objectives of, and Legal Basis for Proposed Rule

    This proposed rule is issued under the authority of the Americans 
with Disabilities Act (ADA), which requires the Board to issue 
guidelines to ensure that buildings, facilities, and vehicles are 
accessible, in terms of architecture and design, transportation, and 
communication, to individuals with disabilities. Recreation facilities 
are specifically covered by the ADA. In enacting the ADA, Congress 
expressly found that individuals with disabilities continually 
encounter various forms of discrimination, including the discriminatory 
effects of architectural, transportation, and communication barriers. 
Among the purposes of the ADA is to provide clear and consistent 
standards addressing discrimination against individuals with 
disabilities.
    The Board initially issued the Americans with Disabilities Act 
Accessibility Guidelines (ADAAG) in 1991. ADAAG contains scoping 
provisions and technical specifications for designing parking areas, 
entrances, toilet rooms, and other elements and spaces that typically 
comprise a building and its site so that individuals with disabilities 
will have ready access to and use of the facility. Amusement rides, 
boating and fishing facilities, golf courses, miniature golf, sports 
facilities, swimming pools, wading pools, and spas have some unique 
features which are not adequately addressed by ADAAG. Additional 
guidelines are needed for providing access to these features. The 
proposed rule would add provisions to ADAAG to address these features.

Description and Estimate of Number of Small Entities to Which the 
Proposed Rule Will Apply

    The proposed rule will apply to small entities in the services 
industries. The Small Business Administration defines small entities 
for the services industries as those having $5 million or less in 
annual receipts. The number of small entities to which the proposed 
rule will apply are included in the following categories of the 
Standard Industrial Classification (SIC) system:
    (1) Amusement parks (SIC 7996). Census data indicate that 711 out 
of 753 firms have less than $5 million in annual receipts.
    (2) Marinas (SIC 4493). Census data indicate that 3,600 out of 
3,675 firms have less than $5 million in annual receipts.
    (3) Golf Courses (SIC 7992). Census data indicate that 3,525 out of 
3,560 firms have less than $5 million in annual receipts.
    (4) Physical fitness facilities (SIC 7991). Census data indicate 
that 8,116 out of 8,169 firms have less than $5 million in annual 
receipts.
    (5) Membership sports and recreation clubs (SIC 7997). Census data 
indicate that 6,828 out of 6,929 firms have less than $5 million in 
annual receipts.
    (6) All other amusement and recreation services (SIC 7999). Census 
data indicate that 21,078 out of 21,312 firms have less than $5 million 
in annual receipts. This category is over broad and includes entities 
such as bingo parlors, karate instruction, ping pong parlors, bicycle 
rental, scuba and skin diving instruction, and yoga instruction, which 
are not affected by the proposed rule.
    The following entities would also be affected by the proposed rule 
to the extent that they provide exercise equipment, swimming pools, and 
other recreational facilities covered by the rule.
    (7) Sporting and recreational camps (SIC 7032). Census data 
indicate that all 2,812 firms are small entities.
    (8) Elementary and secondary schools (SIC 8211). Census data 
indicate that 13,335 out of 14,882 private firms are small entities.
    (9) Colleges, universities, and professional schools (SIC 8221). 
Census data indicate that 947 out of 2,063 private firms are small 
entities.
    (10) Junior colleges and technical institutes (SIC 8222). Census 
data indicate that 353 out of 543 private firms are small entities.
    (11) Hotels and motels (SIC 7011). Census data indicate that 34,417 
out of 36,695 firms are small entities.
    In addition, the proposed rule would apply to public parks and 
recreation programs, public elementary and secondary schools, and 
public colleges and universities that provide exercise equipment, 
swimming pools, or other recreation facilities covered by the rule. For 
purposes of the Regulatory Flexibility Act, a governmental jurisdiction 
is considered a small entity if it has a population of less than 
50,000. The National Recreation and Park Association estimates that 
there are 4,800 public park and recreation departments in the United 
States. The U.S. Department of Education reports that there are 85,393 
public elementary and secondary schools, and 1,625 public colleges and 
universities. The Board seeks information on the number of these public 
programs which are part of governmental jurisdictions having a 
population less than 50,000.

Description of Reporting, Record Keeping, and Other Compliance 
Requirements

    The proposed rule establishes accessibility guidelines for the 
design and construction of new recreation facilities. The guidelines 
also apply to alterations to recreation facilities. The guidelines 
apply to altered parts of a facility subject to alteration provisions 
in ADAAG 4.1.6, including the exception for when compliance is 
technically infeasible. There are no reporting or record keeping 
requirements.
    The provisions of the proposed rule are discussed in detail in the 
Section-by-Section Analysis of the preamble. The provisions are 
summarized briefly below. Amusement rides would be required to provide 
one wheelchair space and one transfer seat for each 100 fixed seats. An 
exception is provided for amusement rides where it is not operationally 
or structurally feasible to provide wheelchair spaces, in which case 
two transfer seats would be required for each 100 fixed seats. The 
proposed rule includes technical specifications for wheelchair spaces, 
transfer seats, accessible loading and unloading areas, wheelchair 
storage space, and signage.
    Boating facilities with floating platforms would be permitted to 
exceed a 1:12 maximum slope under certain conditions specified in Table 
15.2.1 relating to size of the facility and change in water level. At 
least 3 percent of boat slips would have to be accessible. The proposed 
rule includes technical specifications for accessible boat slips. 
Floating fishing piers and platforms would have to comply with the same 
provisions for gangways as do boating facilities. Where railings are 
provided at fishing facilities, at least 25 percent of the railings 
would have to be 32 inches maximum above the ground or deck surface, 
and edge protection would have to be provided. The proposed rule 
includes technical specifications for clear space and maneuvering space 
on fishing piers or platforms.
    Golf courses would be permitted to provide a golf car passage on 
which a motorized golf car can operate in lieu of an accessible route. 
The proposed rule includes scoping provisions and

[[Page 37347]]

technical specifications for teeing grounds, putting greens, driving 
ranges and practice tees, and weather shelters. The proposed rule also 
addresses miniature golf courses. Where elevated holes are provided on 
a miniature golf course, at least 50 percent of those holes would have 
to be connected by an accessible route. All other holes would have to 
be on an accessible route. The proposed rule also allows holes to be 
designed so that wheelchair users can hit the ball from an accessible 
route adjacent to the hole instead of providing an accessible route 
through the hole.
    At least one of each type of exercise equipment would have to be 
served by an accessible route and have a clear floor space positioned 
for transfer or for use by an individual seated in a wheelchair. At 
least 5 percent of bowling lanes and fixed firing positions at shooting 
ranges would have to be accessible.
    Swimming pools having less than 300 linear feet of pool wall would 
have to provide at least one accessible means of entry to the pool, and 
swimming pools having 300 linear feet or more of pool wall would have 
to provide at least two means of accessible entry to the pool. Wading 
pools and spas also would have to provide at least one accessible means 
of entry. The proposed rule includes technical specifications for the 
following accessible means of entry to pools: swimming pool lifts, 
slopped entries, transfer walls, transfer systems, pool stairs, and 
moveable floors.

Other Federal Rules Which May Duplicate, Overlap, or Conflict With 
the Proposed Rule

    Under the ADA, the Department of Justice is responsible for issuing 
regulations to implement the law. The Department of Justice's ADA 
regulations are required to include standards for the accessible design 
of facilities, which must be consistent with ADAAG. Thus, the 
Department of Justice is expected to amend its ADA regulations at a 
future date based on the Board's amendments to ADAAG. The Department of 
Justice's ADA regulations, not ADAAG, are enforceable under the ADA.

Description of Steps Taken To Minimize Any Significant Economic 
Impact of the Proposed Rule on Small Entities

    The proposed rule is issued to implement the ADA, which requires 
newly constructed and altered facilities to be accessible to 
individuals with disabilities. By nature of the ADA, ADAAG has 
universal applicability to all newly constructed and altered facilities 
covered by the law. In developing the proposed rule, the Board sought 
the advice and recommendations of an advisory committee representing 
the various interests affected by the rule, published an advance notice 
of proposed rulemaking seeking comment on the advisory committee's 
recommendations, and considered current design and construction 
practices for the types of facilities addressed by the rule and the 
potential cost impact of the rule.
    The proposed rule is expected to have minimal or negligible impact 
on the design and construction of new golf courses, bowling centers, 
shooting ranges, and facilities providing exercise equipment and 
machines, sauna and steam rooms, and locker rooms. For swimming pools, 
the number of accessible means of entry to the pool is based on the 
size of the pools. Swimming pools having less than 300 linear feet of 
pool wall would have to provide at least one means of accessible entry 
to the pool. The additional cost for providing an accessible means of 
entry is expected to be less than 1 percent of the total construction 
for a swimming pool.
    For boating and fishing facilities, the proposed rule is not 
expected to have any impact on the design and construction of boat 
slips and pier clearances. The exception permitting gangways to 
floating piers and platforms to exceed the 1:12 maximum slope is based 
on the size of the facility and water level change as set out in Table 
15.2.1. The table was developed to minimize the cost impact on smaller 
facilities and facilities having greater water level changes. The cost 
data is summarized above under Executive Order 12866: Regulatory 
Assessment.
    For miniature golf courses, to minimize the cost impact, the 
proposed rule would require at least 50 percent of elevated holes and 
each level hole to be accessible. The Board requests specific guidance 
in the preamble on how to differentiate between level and elevated 
holes.
    As explained under Executive Order 12866: Regulatory Assessment, 
there is limited data available on amusement rides. The Board is 
requesting additional data from owners and operators of amusement rides 
during the comment period on the proposed rule and will fully analyze 
any additional data provided before issuing a final rule. The Board 
seeks information on the economic impact of the proposed rule on small 
entities who plan to design or construct new amusement rides and any 
regulatory alternatives that would minimize the impact and still 
achieve the statutory objective of providing access to such facilities 
for people with disabilities.
    The Board invites comment on this initial regulatory flexibility 
analysis.

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 Board has involved organizations representing the various 
interests affected by the proposed rule in the development of the rule. 
The Recreation Access Advisory Committee included representatives of 
State and local governments. Notices of advisory committee meetings 
were disseminated widely and interested persons were encouraged to 
attend the meetings. The report of the advisory committee's 
recommendations has been distributed to entities that will be affected 
by the rule and is one of the Board's most frequently requested 
publications. The Board published an advance notice of proposed 
rulemaking requesting comments on the advisory committee's report and 
received comments from all sectors, including State and local 
governments. In addition to requesting comments on the proposed rule, 
the Board will hold a public hearing on the rule to give all interested 
persons an additional opportunity to share their views regarding the 
rule with the Board.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act does not apply to proposed or 
final rules that enforce constitutional rights of individuals or 
enforce any statutory rights that prohibit discrimination on the basis 
of race, color, 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.

[[Page 37348]]

List of Subjects in 36 CFR Part 1191

    Buildings and facilities, Civil rights, Individuals with 
disabilities, Transportation.
June I. Kailes,
Chair, Architectural and Transportation Barriers Compliance Board.

    For the reasons stated 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 as follows:
    a. In section 3.5, add definitions for ``Amusement Device,'' 
``Amusement Ride,'' ``Area of Sport Activity,'' ``Boat Launch Ramp,'' 
``Boat Slip,'' ``Design High Point.'' ``Gangway,'' ``Golf Car Path,'' 
and ``Teeing Ground'' in alphabetical order.
    b. In section 4.1.1, remove the word ``or'' at the end of the 
paragraph 5(b)(ii); add the word ``or'' at the end of paragraph 
5(b)(iii); and add a new paragraph 5(b)(iv).
    c. In section 4.1.2, redesignate paragraph 2 as paragraph 2(a); add 
a new paragraph 2(b); add an exception after paragraph 2(b); add an 
exception after paragraph (3); and add two exceptions after paragraph 
(4).
    d. In section 4.1.3, add a new paragraph (12)(c); add an exception 
after paragraph (13); add an exception after paragraph (19)(a), add a 
new paragraph (19)(c); revise paragraph (21); add an exception after 
paragraph (21); add a new paragraph (22); and add an exception after 
paragraph (22).
    e. Revise the heading of section 4.35, and revise sections 4.35.1 
and 4.35.4.
    f. Add new section 4.36.
    g. Add new section 4.37.
    h. Add new section 10.5.
    i. Add new section 15.
    The additions and revisions read as follows:

Appendix A to Part 1191--Americans With Disabilities Act (ADA) 
Accessibility Guidelines for Buildings and Facilities

* * * * *

3.5  Definitions

* * * * *
    Amusement Device. A device which moves persons through a fixed 
course within a defined area for the purpose of amusement or 
entertainment and which is not controlled or operated by the rider.
    Amusement Ride. A system containing one or more amusement 
devices that are intended to provide the same general amusement 
experience.
* * * * *
    Area of Sport Activity. That portion of a room or space where 
the play or practice of a sport occurs.
* * * * *
    Boat Launch Ramp. A sloped surface designed for the launching 
and retrieval of trailered boats to and from the water.
    Boat Slip. The area where a boat is tied to a dock or pier for 
the purpose of embarking or disembarking.
* * * * *
    Design High Point. A selected elevation, based on hydrologic 
data and other appropriate records, which is used as a safe and 
practical upper limit for the design and construction of a gangway 
to a floating facility.
* * * * *
    Gangway. A variable-sloped structure linking a fixed structure 
or land with a floating structure.
    Golf Car Passage. A continuous passage on which a motorized golf 
car can operate.
* * * * *
    Teeing Ground. In golf, the starting place for the hole to be 
played.
* * * * *

4.1.1*  Application

* * * * *
    (b) Accessibility is not required to or in: * * *
    (iv) structures used solely for refereeing a sport.
* * * * *

4.1.2  Accessible Sites and Exterior Facilities: New Construction

* * * * *
    (2) * * *
    (b) Court Sports. An accessible route complying with 4.3 shall 
connect both sides of the court in court sports.
    Exception: Vertical access is not required to a raised boxing 
ring.
    (3) * * *
    Exception: The requirements of 4.4 do not apply to areas of 
sport activity.
    (4) * * *
    Exception 1: The requirements of 4.5 do not apply to an area of 
sport activity.
    Exception 2: The requirements for stable, firm, and slip-
resistant surfaces do not apply to surfaces in hoofed animal 
containment areas.
* * * * *

4.1.3  Accessible Buildings: New Construction

* * * * *
    (12) * * *
    (c) Where lockers are provided in accessible spaces, at least 5 
percent, but not less than one, of each type shall comply with 4.25.
    (13) * * *
    Exception: The requirements of 4.27 do not apply to exercise 
machines.
* * * * *
    (19) * * *
    (a) * * *
    Exception: In amusement facilities where the motion of fixed 
seats is an integral part of the amusement experience, transfer 
seats complying with 15.1.4 shall be permitted.
* * * * *
    (c) In addition to the requirements of 4.1.3(19)(a), where a 
fixed team or player seating area is provided and serves an 
accessible area of sport activity, the seating area shall contain 
wheelchair spaces in a number required by 4.1.3(19)(a), but not less 
than one space. Such wheelchair spaces shall conform to 4.33.2, 
4.33.3, 4.33.4, and 4.33.5.
* * * * *
    (21) Where a public or common use dressing, fitting, or locker 
room is provided, the room shall comply with 4.35.
    Exception: Where public or common use dressing, fitting, or 
locker rooms are provided in a cluster, at least 5 percent, but not 
less than one, of the rooms for each type of use in each cluster 
shall comply with 4.35.
    (22) Where saunas or steam rooms are provided, the rooms shall 
comply with 4.36.
    Exception: Where saunas or steam rooms are provided in a 
cluster, 5 percent, but not less than one, of the rooms for each 
type of use in each cluster, shall comply with 4.37.
* * * * *

4.35  Dressing, Fitting, and Locker Rooms

    4.35.1  General. Dressing, fitting, and locker rooms required to 
be accessible by 4.1 shall comply with 4.35 and shall be on an 
accessible route.
* * * * *
    4.35.4  Bench. Accessible dressing rooms, fitting rooms, and 
locker rooms shall have a bench complying with 4.37.
* * * * *

4.36  Saunas and Steam Rooms

    4.36.1  General. Saunas and steam rooms required to be 
accessible by 4.1 shall comply with 4.36.
    4.36.2  Turning Space. A turning space complying with 4.2.3 
shall be provided within the room.
    Exception: Turning space shall be permitted to be temporarily 
obstructed by readily removable seats.
    4.36.3  Bench. Where provided, at least one bench shall comply 
with 4.37.
    Exception: Clear floor space required by 4.37.1 shall be 
permitted to be temporarily obstructed by readily removable seats.
    4.36.4  Door Swing. Doors shall not swing into any part of the 
clear floor space required at an accessible bench.

4.37  Benches

    4.37.1  Clear Floor or Ground Space. Clear floor or ground space 
complying with 4.2.4 shall be provided and shall be positioned for 
parallel approach to an end of the bench seat.
    4.37.2  Size. Benches shall have seats that are 20 in (510 mm) 
minimum to 24 in (610

[[Page 37349]]

mm) maximum in depth and 42 in (1065 mm) minimum in length. The 
bench shall be fixed and shall have back support which is 42 in 
(1065 mm) minimum in length and extend from a point 2 in (50 mm) 
maximum above the bench to a point 18 in (455 mm) minimum above the 
bench.
    4.37.3  Height. The bench seat shall be 17 in (430 mm) minimum 
to 19 in (485 mm) maximum above the floor or ground.
    4.37.4  Structural Strength. Allowable stresses shall not be 
exceeded for materials used when a vertical or horizontal force of 
250 lbs (1112 N) is applied at any point on the seat, fastener, 
mounting device, or supporting structure.
    4.37.5  Wet Locations. Where installed in wet locations, the 
surface of the bench shall be slip-resistant and shall not 
accumulate water.
* * * * *
10.5  Boat and Ferry Docks. Boat and ferry docks shall comply with 
15.2.
* * * * *

15  Recreation Facilities

    Recreation facilities covered by this section shall comply with 
the applicable requirements of section 4 and the special application 
sections, except as modified or otherwise provided in this section.

Amusement Rides

    15.1  General. Amusement rides with amusement devices containing 
fixed seats shall comply with 15.1.
15.1.1  Number Required. One wheelchair space complying with 15.1.3 
shall be provided per 100 fixed seats or fraction thereof on each 
amusement ride. In addition, one transfer seat complying with 15.1.4 
shall be provided per 100 fixed seats or fraction thereof on each 
amusement ride.
    Exception: Where it is not operationally or structurally 
feasible to provide wheelchair spaces, two transfer seats complying 
with 15.1.4 shall be provided per 100 fixed seats or fraction 
thereof on each amusement ride.
    15.1.1.1  Dispersion. Accessible amusement devices shall be 
dispersed throughout the amusement ride. Where different types of 
amusement devices are provided on an amusement ride, the accessible 
amusement devices shall be dispersed among the different types. This 
provision does not require an increase in the minimum number of 
amusement devices required to be accessible.
    15.1.2  Accessible Loading and Unloading Areas. An accessible 
route shall connect the portion of the loading and unloading area 
serving each accessible amusement device. The loading and unloading 
area serving each accessible amusement device shall provide a 
maneuvering space complying with 4.2.3. The maneuvering space shall 
have a slope not steeper than 1:48.
    15.1.2.1  Wheelchair Storage Space. A wheelchair storage space 
complying with 4.2.4 shall be provided in the unloading area for 
each required transfer seat. Wheelchair storage spaces shall not 
overlap any required means of egress or accessible route.
    15.1.2.2  Signage. Signage shall be provided at the entrance of 
the queue or waiting line for each amusement ride to identify 
whether the accessible amusement devices provide wheelchair spaces, 
transfer seats, or both. Where an accessible unload area also serves 
as the accessible load area, signage shall be provided at the 
entrance to the queue or waiting line indicating the location of the 
accessible load and unload area.
    15.1.2.3  Loading and Unloading. When an accessible amusement 
device is positioned for loading or unloading, the height of the 
loading or unloading area shall be coordinated with the floor height 
of the amusement device so that, when the device is at rest, the 
vertical difference shall be within plus or minus \5/8\ in (16 mm) 
under normal passenger load conditions and the horizontal gap shall 
be no greater than 3 in (75 mm).
    Exception: Where it is not operationally or structurally 
feasible to meet the horizontal or vertical difference requirements, 
ramps, bridge plates, or similar manually deployed devices complying 
with the applicable requirements of 36 CFR 1192.83 shall be 
provided.
    15.1.3  Wheelchair Space. Accessible amusement devices designed 
to provide wheelchair spaces shall comply with 15.1.3.
    15.1.3.1  Floor or Ground Surface. The floor or ground surface 
of wheelchair spaces shall have a slope not steeper than 1:48 and 
shall comply with 4.5.1, 4.5.3, and 4.5.4. Changes in level are not 
permitted.
    15.1.3.2  Width. A wheelchair space shall be 36 in (915 mm) 
minimum in width.
    15.1.3.3  Depth. Where a wheelchair space can be entered from 
the front or rear, the wheelchair space shall be 48 in (1220 mm) 
minimum in depth. Where a wheelchair space can be entered only from 
the side, the wheelchair space shall be 60 in (1525 mm) minimum in 
depth.
    15.1.3.4  Approach. One side of the wheelchair space shall 
adjoin an accessible route.
    15.1.3.5  Fixed Companion Seats. Where amusement devices provide 
seating for more than one rider, a fixed companion seat shall be 
provided for each required wheelchair space. Where amusement devices 
provide shoulder-to-shoulder seating, companion seats shall be 
shoulder-to-shoulder with the adjacent wheelchair space.
    15.1.4  Transfer Seat. Accessible amusement devices designed to 
provide transfer seats shall comply with 15.1.4 when positioned for 
loading and unloading.
    15.1.4.1  Clear Floor Space. Clear floor space complying with 
4.2.4.1 shall be provided with the longer dimension parallel to the 
unobstructed side of the transfer seat and shall be located within 3 
in (75 mm) maximum from the transfer seat. Clear floor space shall 
extend 12 in (305 mm) beyond the back of the seat (see Fig. 58).
    15.1.4.2  Maneuvering Space. The maneuvering space required by 
15.1.2 is permitted to overlap the clear floor space serving 
transfer seats.
    15.1.4.3  Transfer Seat Dimensions and Position. The height of 
the transfer seat shall be 17 in (430 mm) minimum to 19 in (485 mm) 
maximum above the load and unload platform. The end of the transfer 
seat adjacent to the clear floor space complying with 15.1.4.1 shall 
be unobstructed when in the load and unload position (see Fig. 59).
    15.1.4.4 Transfer Entry. When in the load and unload position 
the amusement device shall provide a 36 in (915 mm) wide minimum 
entry. The entry shall provide a opening and shall be positioned 
parallel and adjacent to the longer dimension of the clear floor 
space (see Fig. 60).

Boating Facilities

    15.2  Boating Facilities. Boating facilities shall comply with 
15.2.
    15.2.1  Gangways. Gangways which are part of an accessible route 
shall comply with 4.3. Gangways shall be permitted to have 
transition plates at the top and bottom.
    Exception 1. The maximum rise specified by 4.8.2 shall not apply 
to gangways.
    Exception 2. Gangways shall be permitted to exceed the maximum 
slope specified by 4.8.2 when the distance in feet between the 
design high point and the level of the water, and the square footage 
of fixed and floating piers at the facility are in accordance with 
Table 15.2.1.
    Exception 3. Handrail extensions shall not be required on 
gangways or landings where they connect to transition plates and 
shall not be required on transition plates.

  Table 15.2.1.--Conditions When Gangway May Exceed 1:12 Maximum Slope
------------------------------------------------------------------------
                                                            And square
                                                            footage of
                                                             fixed and
  Distance in feet between design high point and water    floating piers
                      level is over                           at the
                                                            facility is
                                                             less than
------------------------------------------------------------------------
2.5.....................................................           3,000
5.0.....................................................          10,000
10.0....................................................          20,000
12.5....................................................          30,000
30.0....................................................          95,000
------------------------------------------------------------------------

    15.2.2  Slips: Minimum Number. Where boat slips are provided, at 
least 3 percent, but not less than one, shall comply with 15.2.3. 
Accessible boat slips shall be dispersed throughout the various 
types provided. This provision does not require an increase in the 
minimum number of boat slips required to be accessible. Where the 
number of slips cannot be identified, each 40 feet (12.2 m) of 
mooring space provided along the perimeter of a pier, shall be 
counted as one boat slip for the purpose of this section.
    15.2.2.1  Slips Serving Boat Launch Ramps. In addition to the 
requirements of 15.2.2, where boat launch ramps are provided with 
boarding piers, at least one accessible slip complying with 15.2.3 
shall be provided adjacent to a boat launch ramp.
    15.2.2.2  Location. Among each type provided, accessible slips 
shall be those nearest to amenities provided in the boating 
facility.
    15.2.3  Accessible Boat Slips. Accessible boat slips shall 
comply with 15.2.3.
    15.2.3.1  Pier Clearances. Accessible boat slips shall be served 
by clear pier space 60 in (1525 mm) wide minimum and at least as 
long as the accessible slip (see Fig. 61). Every

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120 in (3050 mm) maximum of linear pier edge serving the accessible 
boat slip shall contain at least one continuous clear opening 60 in 
(1525 mm) minimum (see Fig. 62).

Fishing Piers and Platforms

    15.3  Fishing Piers and Platforms. Each fishing pier and 
platform shall comply with 15.3.
    15.3.1  Accessible Route. When an accessible route connects a 
floating fishing pier or a floating fishing platform, the 
requirements of 15.2.1 shall apply.
    15.3.2  Railings. Where railings, guardrails, or handrails are 
provided, they shall comply with 15.3.2.
    15.3.2.1  Edge Protection. Edge protection shall be provided and 
shall extend 2 in (50 mm) minimum above the ground or deck surface.
    15.3.2.2  Height. At least 25 percent of the railings shall be 
32 in (815 mm) maximum above the ground or deck surface.
    15.3.2.3  Dispersion. Railings required to comply with 15.3.2.2 
shall be dispersed throughout a fishing facility.
    15.3.3  Clear Pier or Platform Space. At least one clear space 
complying 4.2.4.1 shall be provided where the railing height 
required by 15.3.2.2 is located. Where no railings are provided, at 
least one clear space complying with 4.2.4.1 shall be provided on 
the fishing pier or fishing platform.
    15.3.4  Maneuvering Space. At least one maneuvering space 
complying with 4.2.3 shall be provided on the fishing pier or 
fishing platform.

Golf

    15.4  General. Golf courses, driving ranges, and practice 
putting greens shall comply with 15.4.
    15.4.1  Accessible Route. The accessible route required by 
4.1.2(2) shall be 48 in (1220 mm) minimum wide where located within 
the boundary of a golf course and shall connect to the bag drop 
areas, accessible teeing grounds, and putting greens. Where 
handrails are required, the accessible route shall be 60 in (1525 
mm) minimum wide.
    Exception 1: A golf car passage complying with 15.4.5 shall be 
permitted in lieu of all or part of an accessible route within the 
boundary of the golf course.
    Exception 2: The requirements of 4.8.5 do not apply to an 
accessible route located within the boundary of a golf course.
    15.4.2  Teeing Grounds. Where one teeing ground is provided for 
a hole, the teeing ground shall comply with 15.4.7. Where two or 
more teeing grounds are provided for a hole, at least two teeing 
grounds serving the hole shall comply with 15.4.7.
    15.4.3  Driving Ranges and Practice Tees. Where driving ranges 
or practice tees are provided, at least 5 percent of the practice 
tees, but not less than one, shall comply with 15.4.7.
    15.4.4  Weather Shelters. Where weather shelters are provided on 
a golf course, each weather shelter shall have a clear floor or 
ground space 60 in (1525 mm) minimum by 96 in (2440 mm) minimum and 
shall be designed and constructed so that a golf car can enter and 
exit in a forward direction.
    15.4.5  Golf Car Passage. Where curbs or other manmade barriers 
are provided along a golf car passage to prohibit a golf car from 
entering a fairway, openings at least 60 in (1525 mm) wide shall be 
provided at intervals of 75 yds (69 m).
    15.4.5.1  Width. The golf car passage shall be 48 in (1220 mm) 
minimum wide.
    15.4.6  Putting Greens. Putting greens shall be designed and 
constructed so that a golf car can enter, maneuver within, and exit 
the putting green.
    15.4.7  Teeing Grounds. Accessible teeing grounds shall have a 
minimum clear area of 10 ft by 10 ft (3050 mm by 3050 mm) with a 
surface slope which does not exceed 1:48 in all directions, and 
shall be designed and constructed so that a golf car can enter in a 
forward direction and maneuver in the teeing ground.

Miniature Golf

    15.5  Miniature Golf Courses. Each hole on a miniature golf 
course shall comply with 15.5.
    Exception: Where elevated holes are provided, at least 50 
percent of elevated holes shall comply with 15.5.
    15.5.1  Accessible Route. An accessible route shall connect 
start of play areas on each accessible hole.
    Exception 1: Readily removable curbs are permitted where the 
accessible route intersects the playing surface of a hole.
    Exception 2: Where the accessible route is located on the 
playing surface of a hole, a maximum slope of 1:4 is permitted for a 
4 in (100 mm) maximum rise.
    Exception 3: The requirements of 4.8.5 do not apply to an 
accessible route located on a hole.
    15.5.2  Start of Play Areas. An accessible start of play area 
shall have a slope not steeper than 1:48 and shall be 60 in (1525 
mm) minimum by 60 in (1525 mm) minimum.
    15.5.3  Golf Club Reach Range. All level areas within accessible 
holes where golf balls rest shall be within 27 in (560 mm) maximum 
of an accessible route with a maximum slope of 1:20 (see Fig. 63).

Play Areas

    15.6  Play Areas [Reserved]

Sports Facilities

    15.7.1  Exercise Equipment and Machines. At least one of each 
type of exercise equipment and machines shall be provided with clear 
floor space complying with 4.2.4 and shall be served by an 
accessible route. Clear floor space shall be positioned for transfer 
or for use by an individual seated in a wheelchair.
    15.7.2  Bowling Lanes. Where bowling lanes are provided, at 
least 5 percent, but not less than one lane of each type, shall be 
accessible.
    15.7.3  Shooting Facilities. Where fixed firing positions are 
provided at a site, at least 5 percent, but not less than one, of 
each type of fixed firing position, shall comply with 15.7.3.1. 
Factors to be considered in determining the types of fixed firing 
positions include the price of admission, if covering and lighting 
is provided, and the shooting events the fixed firing position 
intends to support.
    15.7.3.1  Fixed Firing Position. An accessible fixed firing 
position shall contain a turning circle complying with 4.2.3 and 
shall have a slope not steeper than 1:48 in all directions.

Swimming Pools, Wading Pools, and Spas

    15.8.1  Swimming Pools. At least two accessible means of entry 
shall be provided for each public and common use swimming pool. The 
primary means of entry shall comply with 15.8.4 (Swimming Pool 
Lifts) or 15.8.5 (Sloped Entries). The secondary means of entry 
shall not duplicate the primary means and shall comply with one of 
the following: 15.8.4 (Swimming Pool Lifts), 15.8.5 (Sloped 
Entries), 15.8.6 (Transfer Walls), 15.8.7 (Transfer Systems), 15.8.8 
(Pool Stairs), or 15.8.9 (Moveable Floors).
    Exception: Where a swimming pool has less than 300 linear feet 
of swimming pool wall, at least one accessible means of entry shall 
be provided and shall comply with 15.8.4 (Swimming Pool Lifts) or 
15.8.5 (Sloped Entries).
    15.8.2  Wading Pools. At least one accessible means of entry 
complying with 15.8.5 (Sloped Entries), 15.8.6 (Transfer Walls), or 
15.8.7 (Transfer Systems), shall be provided for each wading pool.
    15.8.3  Spas. At least one accessible means of entry complying 
with 15.8.4 (Swimming Pool Lifts), 15.8.6 (Transfer Walls), or 
15.8.7 (Transfer Systems) shall be provided for each spa.
    Exception: Where spas are provided in a cluster, 5 percent, but 
not less than one in each cluster, shall be accessible.
    15.8.4  Swimming Pool Lifts. Swimming pool lifts shall comply 
with 15.8.4.
    15.8.4.1  Seat Location. In the raised position, the centerline 
of the seat shall be located over the deck and 20 in (510 mm) 
minimum from the edge of the pool.
    15.8.4.2  Clear Deck Space. On the side of the seat opposite the 
water, a clear deck space shall be provided parallel with the seat. 
The space shall have a width of 30 in (760 mm) minimum and shall 
extend forward 48 in (1220 mm) minimum from a line located 12 in 
(305 mm) behind the intersection of the seat and its back (see Fig. 
75).
    15.8.4.3  Seat Height. The height of the lift seat shall be 16 
in (405 mm) minimum to 18 in (455 mm) maximum measured from the deck 
to the top of the seat surface when in the raised (load) position 
(see Fig. 76(a)).
    15.8.4.4  Seat Width. The seat shall be 16 in (405 mm) minimum 
wide.
    15.8.4.5  Footrests and Armrests. Footrests shall be provided 
and shall move with the seat. If provided, armrests positioned 
opposite the water shall be removable or shall fold clear of the 
seat when the seat is in the raised (load) position.
    15.8.4.6  Operation. The lift shall be capable of unassisted 
operation from both the deck and water levels. Controls and 
operating mechanisms shall be unobstructed when the lift is in use. 
Controls and operating mechanisms shall comply with 4.27.4 and shall 
not require continuous manual pressure for operation.
    15.8.4.7  Submerged Depth. The lift shall be designed so that 
the seat will submerge to

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a water depth of 18 in (455 mm) minimum (see Fig. 76(b)).
    15.8.4.8  Lifting Capacity. Single person pool lifts shall have 
a minimum weight capacity of 300 lbs (136 kg). Lifts shall be 
capable of sustaining a static load of at least three times the 
rated load.
    15.8.5  Sloped Entries. Sloped entries shall comply with 15.8.5.
    15.8.5.1  Sloped Entries. Sloped entries designed to provide 
access into the water shall comply with 4.3, except as modified 
below.
    15.8.5.2  Submerged Depth. Where sloped entries are designed to 
provide access into the water, they shall extend to a depth of 24 in 
(610 mm) minimum to 30 in (760 mm) maximum below the stationary 
water level. Where landings are required by 4.8, at least one 
landing shall be located 24 in (610 mm) minimum to 30 in (760 mm) 
maximum below the stationary water level (see Fig. 77).
    Exception: In wading pools, the sloped entry and landings, if 
provided, shall extend to the deepest part of the wading pool.
    15.8.5.3  Handrails. Handrails shall be provided on both sides 
of the sloped entry. The clear width between handrails shall be 33 
in (840 mm) minimum and 38 in (965 mm) maximum. Handrail extensions 
required by 4.8.5 shall not be required at the bottom landing 
serving a pool ramp (see Fig. 78).
    15.8.6  Transfer Walls. Transfer walls shall comply with 15.8.6.
    15.8.6.1  Clear Deck Space. A clear deck space of 60 in (1525 
mm) minimum by 60 in (1525 mm) minimum with a slope not steeper than 
1:48 shall be provided at the base of the transfer wall. Where one 
grab bar is provided, the clear deck space shall be centered on the 
grab bar. Where two grab bars are provided, the clear deck space 
shall be centered on the clearance between the grab bar (see Fig. 
79).
    15.8.6.2  Height. The height of the transfer wall shall be 16 in 
(405 mm) minimum to 18 in (455 mm) maximum measured from the deck 
(see Fig. 80).
    15.8.6.3  Wall Depth. The depth of the transfer wall shall be 12 
in (305 mm) minimum to 16 in (405 mm) maximum.
    15.8.6.4  Surface. The surface of the transfer wall shall not 
have sharp edges.
    15.8.6.5  Grab Bars. At least one grab bar shall be provided on 
the transfer wall. Grab bars shall be perpendicular to the pool wall 
and shall extend the full depth of the wall. The top of the gripping 
surface shall be 4 in (100 mm) maximum above walls. Where two grab 
bars are provided, clearance between grab bars shall be 22 in (560 
mm) minimum. Where one grab bar is provided, clearance shall be 22 
in (560 mm) minimum on both sides of the grab bar. Grab bars shall 
comply with 4.26.
    15.8.7  Transfer Systems. Transfer systems shall comply with 
15.8.7.
    15.8.7.1  Transfer Platform. A transfer platform 19 in (485 mm) 
minimum deep by 22 in (560 mm) minimum wide shall be provided at the 
head of each transfer system.
    15.8.7.2  Clear Deck Space. A clear deck space of 60 in (1525 mm 
) minimum by 60 in (1525 mm) minimum with a slope not steeper than 
1:48 shall be provided at the base of the transfer platform surface 
and shall be centered along a 22 in (560 mm) minimum unobstructed 
side of the transfer platform (see Fig. 81).
    15.8.7.3  Height. The height of the transfer platform shall 
comply with 15.8.6.2.
    15.8.7.4  Transfer Step Risers. Transfer step riser height shall 
be 7 in (180 mm) maximum. Transfer step risers shall extend to a 
water depth of 18 in (455 mm) minimum (see Fig. 82).
    15.8.7.5  Surface. The surface of the transfer system shall not 
have sharp edges.
    15.8.7.6  Size. Each transfer step shall have a tread depth of 
12 in (305 mm) minimum and 17 in (430 mm) maximum and shall have a 
tread width of 22 in (560 mm) minimum.
    15.8.7.7  Grab Bars. One grab bar shall be provided on each 
step. The grab bar at the transfer platform shall not obstruct 
transfer. The top of the gripping surface shall be 4 in (100 mm) 
maximum above each step. Grab bars shall comply with 4.26.
    15.8.8  Pool Stairs. Pool stairs shall comply with 15.8.8.
    15.8.8.1  Pool Stairs. Pool stairs shall comply with 4.9, except 
as modified below.
    15.8.8.2  Handrails. The width between handrails shall be 20 in 
(510 mm) minimum and 22 in (560 mm) maximum. Handrail extensions 
required by 4.9.4 shall not be required at the bottom landing 
serving a pool stair.
    15.8.9  Moveable Floors. The pool coping shall comply with 4.5.2 
where the moveable floor connects with the pool deck.
* * * * *
    3. The following figures indicated in the left hand column will be 
added following the sections in Appendix A indicated in the right hand 
column:

------------------------------------------------------------------------
                  Figure                               Section
------------------------------------------------------------------------
58........................................  15.1.4.1.
59........................................  15.1.4.3.
60........................................  15.1.4.4.
61........................................  15.2.3.1.
62........................................  15.2.3.1.
63........................................  15.5.3.
64........................................  [Reserved].
65........................................  [Reserved].
66........................................  [Reserved].
67........................................  [Reserved].
68........................................  [Reserved].
69........................................  [Reserved].
70........................................  [Reserved].
71........................................  [Reserved].
72........................................  [Reserved].
73........................................  [Reserved].
74........................................  [Reserved].
75........................................  15.8.4.2.
76........................................  15.8.4.3.
77........................................  15.8.5.2.
78........................................  15.8.5.3.
79........................................  15.8.6.1.
80........................................  15.8.6.2.
81........................................  15.8.7.2.
82........................................  15.8.7.4.
------------------------------------------------------------------------

    Figures 58 to 63 and 75 to 82 read as follows:

BILLING CODE 8150-01-P

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[FR Doc. 99-17156 Filed 7-8-99; 8:45 am]
BILLING CODE 8150-01-C