2012 California and Pacific Southwest Recreation and Park Training Conference Thursday, March 22, 2012 Access Audits & New Design Requirements: ADA Changes Your Job Again

John N. McGovern, JD, President Recreation Accessibility Consultants LLC 224/ or SPEAKERS

Josh St. Clair Regional Director – West W-T Civil Engineering (760) or SPEAKERS

Sam “Butch” DeFillippo, Managing Partner PlaySafe LLC 505/ or SPEAKERS

Discuss access audit requirement Discuss new 2010 Standards for Accessible Design Discuss unfinished design requirements SESSION PURPOSE

Discuss enforcement trends & smart practices Identify resources SESSION PURPOSE

DOJ rulemaking since 1994 with 4,435 comments Title II regulation affects EVERY California unit of local government Title III regulation affects more than 7,000,000 nonprofits and businesses nationwide ADA Regulations published September 14, 2010

NRPA and CPRS members were leaders in all federal advisory committees NRPA and CPRS sought member feedback, and provided continuous information about impact of proposed regs on members and agencies NRPA and state associations have had access as a topic annually from 1992 to 2011 and again this year in 2012 Did parks and recreation leaders play a role in developing the regs?

Federal advisory committees flesh out content ANPRM, NPRM ask questions to get more information and to understand the impact of the guideline or regulation DOJ and Access Board discuss each word of every comment Final Regulation balances needs and interests and costs Review of Rulemaking Process

All California local governments are subject to The original date for completion was January 26, 1993…a year after title II first became effective The amended title II regulation became effective March 15, 2011…if a year is added, the access audit should be completed not later than March 15, 2013…important that amended title II does not state this date EVERY existing site & facility, and every space at same, must be audited Access Audit Requirement

Evaluate policies against prohibitions and requirements Evaluate programs and services against and reasonable modifications There’s More to Though…

No matter who conducts the audit, you’ll need… CHECKLISTS that mesh 2010 Standards, Outdoor Final Guideline, and California access requirements TOOLS (measuring tape, digital level, digital camera) ACCESS AUDIT TOOLS

SYSTEM for using the tools…Word documents? Excel spreadsheets? Access database? Proprietary software? STAFF OR CONTRACTOR TEAM that has some career diversity and is dedicated to this task. METRICS…how many members on an audit team? ACCESS AUDIT TOOLS (II)

PRACTICE the system and use the tools to determine how many parks and facilities a two person team can audit in one day TRY different approaches…see if a 3 person team makes a difference, try all amenities at a site versus outdoors on one visit and facilities on the next visit ACCESS AUDIT METRICS

Who will write reports? Will digital images be hyperlinked or attached? Does report-writing template exist? Where can you beg, borrow, or steal? ACCESS AUDIT REPORT WRITING

Through RFQ or RFP retain a qualified consultant to conduct a system wide access audit Must know parks and recreation Must know how title II applies to parks and recreation ACCESS AUDIT CONSULTANTS

Must know the 2010 Standards for Accessible Design Must know the Access Board outdoor guidelines Must know California requirements Must know court and administrative decisions ACCESS AUDIT CONSULTANTS (Con’t)

Train staff Reassign staff from current work to access audit work Mix staff from parks, recreation, and admin on audit teams for complementary perspectives STAFF AS ACCESS AUDIT TEAM

Coordinate writing duties Determine data storage…audits and images generate a lot of bytes Address issue of audit teams gathering information vs being critical of other employees’ work or worksites STAFF AS ACCESS AUDIT TEAM (II)

Retain a qualified consultant for a limited approach that includes training, sample site audits, and use of checklists and formats Allocate staff time for training, access audits, and report writing Use consultant template to support staff work A HYBRID APPROACH…

DO NOT conduct an access audit and let the enforcement agency give you a free access audit DO NOT reassign employees and instead let the enforcement agency describe to you what your staffs will do the next 4 years LET ENFORCEMENT AGENCY CONDUCT THE AUDIT

Signage Parking Exterior Accessible Route Challenges: slopes, drainage, gaps, changes in level CONDUCTING THE AUDIT: SITE ISSUES

ADA parking sign within 5 feet of parking (issue with “carriage walk” style sidewalk) Sign must be inches above grade SIGNAGE

Located nearest to the main accessible door Max 2% slope in any direction within the ADA parking spaces and striped off unloading zone PARKING

Max 2% TRANSVERSE slope along accessible route Max 5% LONGITUDINAL slope along accessible route (non-ramp) 5%-8.33% LONGITUDINAL slope < 6” Total Height (Curb Ramp) 5%-8.33% LONGITUDINAL slope > 6” Total Height (Ramp, requires handrails, edge protections, Max 30”) EXTERIOR ACCESSIBLE ROUTE (E.A.R.)

ADA parking only separated by sidewalk (no green space) CHALLENGES (SLOPES)

Depressed curb within the accessible route Drainage grates at openings: maximum opening = ½” CHALLENGES (DRAINAGE)

½” grates vs. 1” grates Construction Issue – proper interconnection between sidewalks, curbs, foundations minimizes gaps CHALLENGES (GAPS)

Heaving of concrete in cooler climates 1. Max ¼” vertical below Finished Floor Elev. 2. Max ½” = ¼” vertical + ¼” bevel CHALLENGES (CHANGES IN LEVEL)

Doors with closers Service counters Restrooms Employee spaces CONDUCTING THE AUDIT: BUILDING ISSUES

Sports courts Fitness facilities Pools Locker rooms CONDUCTING THE AUDIT: RECREATION ISSUES INDOORS

Playgrounds Playground surfaces Ground Level Play Components Elevated play components CONDUCTING THE AUDIT: RECREATION ISSUES OUTDOORS

Go to See play area technical assistance guide CAUTION: this is a summary of the Play Area segments in the 2010 Standards PLAYGROUND TECHNICAL ASSISTANCE

Document decision regarding location of amenities Sports fields and accessible routes Attractions in a park and accessible routes GRASS IS NEVER AN ACCESSIBLE SURFACE! CONDUCTING THE AUDIT: BIG PICTURE

Modifies the 1991 Standards for the built environment Adopted by the International Building Code (IBC) Includes standards for playgrounds, sports fields & courts, golf, swimming, fitness facilities, boating, and fishing NOTHING in this is new …all published in 2000 and 2002 The 2010 Standards: A Whole New Ballgame

American Hotel & Lodging Association (AH&LA) claims there are 51,000 hotels, most with pools AH&LA claims DOJ ignored their feedback and mistakenly tells hotels that DOJ requirement means every pool, at every hotel, must be accessible by March 15, 2012 AH&LA initiates campaign to overturn DOJ 2010 Standards DOJ holds water entry provisions until around May 14, 2012 The 2010 Standards: Wait a minute…

DOJ invites comments through April 4, 2012 so it can clarify misunderstandings regarding water entry DOJ is asking for information to justify extending the water entry compliance requirement start date to around September 12, 2012 CPRS should comment on this with suggestions & examples The 2010 Standards: Water Entry Extension and NPRM

Regs published in Federal Register September 14, 2010 Title II and title III policy requirements became effective 6 months after publication on March 15, Standards for new construction, and application to existing sites, became effective March 15, 2012 #1: Effective Dates for titles II and III

Before March 15, 2012, agencies could use UFAS or the 1991 Standards for facility and site design and construction If an element, like an object within reach range, was drawn and built correctly, and now fails the 2010 Standards, it need not be changed because the agency did it the right way! This is the notion of safe harbor! #2: What is Safe Harbor?

1993 Recreation Access Advisory Committee 1994 Swimming Pool Project with NCA 1995 Play Area Reg Neg 1997 Outdoor Developed Recreation Areas Reg Neg 2000 Play Area Final Guideline 2002 Recreation Final Guidelines 2004 ADA/ABA Final Guidelines #3: Access Board work on playgrounds and other recreation spaces

Different treatment for new construction or development Existing recreation sites and the DOJ Program Access test Enforcement agencies (DOJ, DOE, DOI) already use Access Board work Access Board work - continued

TrailsTrailheads BeachesCampsites Picnic areasViewing areas Outdoor constructed features UNFINISHED BUSINESS at the US ACCESS BOARD

DOJ concern that # of complaints hinders enforcement As of March 15, 2011 designated agencies (such as Department of Interior) need not investigate every complaint against a parks and recreation agency Designated agencies like DOI will develop systemic proactive approaches to compliance #4: Enforcement Tweaks

DOJ Civil Rights Division budget jumps 18% DOJ notes ADA as law that has not been well enforced Project Civic Access addresses more recreation issues DOJ considering technical assistance regarding P & R #5 Increase in DOJ Civil Rights Division Staff and Budget

The Program Access test remains the same…vague and subjective, it flexes in relation to the number of and location of similar sites and services at those sites It is not about the building or site…it is about the activity or opportunity available at that building or site It helps to treat this as a planning exercise #6: Clarification Regarding Program Access Test

Greenacre Parks and Recreation Agency Preliminary Playground Program Access Map Playgrounds with changes recommended: Playgrounds with no change: Playgrounds currently accessible: Parks without Playgrounds:

Have a one-of-a-kind site (one pool, one ice rink, one senior center, one marina, one community center) in the jurisdiction? Stop fretting about it…make it accessible unless it is technically infeasible to do so. Have multiple similar sites (playgrounds, sports fields, sports courts, picnic areas, shelters)? Aim for a minimum of one of every three similar sites being made accessible. 21 playgrounds? Aim for 7 and disperse through the community… 9 softball fields? Aim for 3 and disperse through the community… Our advice…Regarding the Program Access Test

Apply these to new recreation sites designed or constructed after March 15, 2012 AND Use these to determine access deficits at recreation sites now included in the 2010 Standards The 2010 Standards are for…

John McGovern at Josh St. Clair at Butch DeFillippo at Department of Justice at 202/ or Access Board at 202/ or CLOSE and RESOURCES