Safe and Accessible Play Surfaces in the Real World Presented to CIRSA by Geoff Ames & Glenn Staton, March 2014

1. Safe and Accessible Play Surfaces in the Real World Presented to CIRSA by Geoff Ames & Glenn Staton, March 2014

2. Disclaimer • Information, materials, and/or technical assistance are intended solely as informal guidance, and are neither a determination of your legal rights or responsibilities under the ADA, nor binding on any agency with enforcement responsibility under the ADA. • ADA Center authorized by NIDRR to provide information, materials, and technical assistance to individuals and entities that are covered by the ADA.

3. Regional Centers800.949.4232 www.adata.org

4. ADA Center Functions Technical Assistance / ADA Information Referral & Networking with other Disability Organizations Research Training Material Dissemination

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6. Meeting the Challenge, Inc. Operates the Rocky Mountain ADA Center project Generates materials and products that support accessibility Offers customized implementation services Provides training on various disability rights laws

7. MTC Implementation Services Providing customized solutions for: • Municipal Self -evaluations and Transition Plans • Public buildings • Public parks & recreation facilities • Pedestrian facilities in public right-of-way • Municipal and County Facility and Program Accessibility • Commercial Facility Accessibility

8. Today’s Presentation Play Area Scoping Requirements Accessible Routes Making Sense of Surface Materials New Construction and Alterations Conclusion: Design and Practice

9. Play Area Scoping Requirements Elevated components Ground level components Types of components

10. Elevated Play Components 50 percent on an accessible route If 20 or more 25 percent must be accessible by means other than transfer systems (level or ramped access) If 50% of not < 3 types connected by ramps additional GLPCs not required

11. Ground Level Play Components At least one of each type present Per scoping based on number of elevated components see Table 240.2.1.2

12. Types of Components • “Type” is functional description, such as: • Swinging • Climbing • Sliding • Interactive play

13. Accessible Routes • Elevated routes • Transfer platforms and steps • Ramps • Ground level routes

14. Elevated Accessible Routes • Clear width 36 inches minimum • At transfer systems 24 inches minimum • Ramp run 12-inch rise maximum • Transfer platforms • 14 inches deep x 24 inches wide minimum • Height 11 inches minimum, 18 inches maximum

15. Transfer platforms 11 -18 inches

16. Transfer Platforms

17. Elevated Accessible Routes • Transfer platforms (cont.) • Transfer space with 48-inch side centered on 24-inch dimension of platform • At least 1 transfer support provided • Transfer steps • 14 inches deep x 24 inches wide minimum • Height 8 inches maximum

18. Transfer Steps

19. Elevated Accessible Routes • Transfer steps (cont.) • At least 1 transfer support provided • Elevated play components connected by ramps • At least turning space provided • Clear floor space required

20. Elevated Play Structure Ramp

21. Ground Level Accessible Routes • Clear width 60 inches minimum • Vertical clearance 80 inches minimum • Ramps 1:16 (6.25%) running slope maximum • Surfaces must meet ASTM F 1951 (& ASTM F 1292 within Use Zones) • Turning space must be provided

22. Ground Level Accessible Routes • Clear ground space – 1:48 slope maximum, 48 x 30 inches minimum

23. Two types of accessible ground level play components Point of entry or seats, height: 11 inches minimum, 24 inches maximum; 18 inches preferred.

24. Special Guest Speaker Melissa Branson

25. Making Sense of Surface Materials • Three kinds of surfaces required • 1. Safe • 2. Accessible • 3. Safe and accessible

26. Making Sense of Surface Materials • ADA approved? • ASTM Standards • Impact attenuation • Stable, firm, and slip resistant

27. This surface is probably safe and accessible…. Pour-in-Place Surface at Transfer Platform

28. This surface is possibly safe but it is NOT accessible…. Pea Gravel Over Foam Rubber Mats at Transfer Platform…

29. Making Sense of Surface Materials • Ground surfaces must be inspected and maintained regularly to ensure continued compliance with the ASTM F 1951 standard. • § 35.133 Maintenance of accessible features • (a) A public entity shall maintain in operable working condition those features of facilities and equipment that are required to be readily accessible to and usable by persons with disabilities by the Act or this part.

30. Making Sense of Surface Materials • Synthesis: Regulation, Research, and Real World • U.S. Access Board • U.S. Departments of Justice and Interior • National Center on Accessibility • Play areas in the real world

31. Stable Surface? Stability - the degree to which a surface resists change from contaminants or applied force, so that when the contaminant or force is removed, the surface returns to its original condition [U.S. Access Board]

32. Play Surfaces in the Real World Concrete, asphalt, other paved surfaces, compacted gravel, etc. – can probably be accessible (stable, firm, & slip-resistant) but are not possibly safe Loose fill: wood chips, mulch, shredded rubber, pea gravel, sawdust, etc. – can probably be safe (fall-attenuating) but are not possibly accessible

33. Play Surfaces in the Real World Stabilized Engineered Wood Fiber, rubber mats over air pillows, pour-in-place (PIP), geo-fabric hybrids, etc. – can possibly be safe and accessible. No surface material is perfect. All surfaces are not required to be BOTH safe and accessible. Inspect & maintain ground surfaces regularly & frequently to ensure continued accessibility.

34. Play Surfaces in the Real World • Meeting the Challenge has inspected over 400 play areas since October 2011 • In our observations: • No loose fill surface – even those newly-installed – has met the stability requirement • Loose fill surfaces consistently demonstrate undulation that exceeds maximum slopes • Dish-out under swings, at transfer platforms, & at slide outlets present failure w/o measurement

35. Play Surfaces in the Real World Conclusion: We are not saying that EWF surfaces cannot be made stable – but in our experience they are not made and are not maintained in a stable condition.

36. New Construction and Alterations • Program access • Public parks • School playgrounds • Readily achievable barrier removal • McDonald’s • HOAs • Other places of public accommodation • No Safe Harbor

37. § 35.130 General Prohibitions Against Discrimination No qualified individual with a disability shall, on the basis of disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any public entity.

38. § 35.151 New Construction and Alterations Each facility or part of a facility constructed by, on behalf of, or for the use of a public entity shall be designed and constructed in such manner that the facility or part of the facility is readily accessible to and usable by individuals with disabilities…

39. Commentary on Play Areas DOJ: it is preferable for public entities to try to achieve compliance with the design standards established in the 2010 Standards. If this is not possible to achieve… requirements for program accessibility provide enough flexibility to permit the covered entity to pursue alternative approaches to provide accessibility.

40. § 35.150(b)(2)(ii) Safe Harbor • Does not apply to those elements in existing facilities that are subject to supplemental requirements • Elements in the 2010 Standards not eligible for the element-by-element safe harbor are identified as follows–– • Play areas, sections 240 and 1008; 206.2.17.

41. Conclusion: Design and Practice • “ADA approved” • Play components/structures • Lab tested surface materials • Inspection and maintenance • Regular and frequent • Ensure continued compliance

42. Real World Conclusion • “ADA approved” is meaningless • Lab tests v. actual in-place surfaces • Without a ramped entrance, accessible surface to elevated structures and GLPCs is prerequisite to scoping compliance • Must monitor & maintain

43. Dept. of Justice Guidance: The Department would caution covered entities selecting among the ground surfacing materials that comply with the ASTM requirements that they must anticipate the maintenance costs that will be associated with some of the products. Permitting a surface to deteriorate so that it does not meet the 2010 Standards would be an independent violation of the Department´s ADA regulations.

44. Resources U.S. Department of Justice, 2010 Standards http://www.ada.gov/regs2010/2010ADAStandards/2010ADAstandards.htm#2004 U.S. Access Board recreational facility guides http://www.access-board.gov/recreation/guides/index.htm National Center on Accessibility http://www.ncaonline.org/ Rocky Mountain ADA Center 800.949.4232, http://adainformation.org/

45. Questions?