[Federal Register: June 20, 2007 (Volume 72, Number 118)]
[Proposed Rules]
[Page 34073-34155]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20jn07-41]
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Part II
Architectural and Transportation Barriers Compliance Board
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36 CFR Part 1195
Architectural Barriers Act (ABA) Accessibility Guidelines for Outdoor
Developed Areas; Proposed Rule
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ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD
36 CFR Part 1195
[Docket No. 2007-02]
RIN 3014-AA22
Architectural Barriers Act (ABA) Accessibility Guidelines for
Outdoor Developed Areas
AGENCY: Architectural and Transportation Barriers Compliance Board.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Architectural and Transportation Barriers Compliance Board
(Access Board) is proposing to issue accessibility guidelines for
outdoor developed areas designed, constructed, or altered by Federal
agencies subject to the Architectural Barriers Act of 1968. The
guidelines cover trails, outdoor recreation access routes, beach access
routes, and picnic and camping facilities.
DATES: Comments should be received by October 18, 2007. The Access
Board will hold hearings on July 24, 2007 from 2 p.m. until 5 p.m. and
on September 6, 2007 from 2 p.m. until 5 p.m.
ADDRESSES: You may submit comments, identified by Docket No. 2007-02,
by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: outdoor@access-board.gov. Include Docket No. 2007-
02 in the subject line of the message.
Fax: (202) 272-0081.
Mail or Hand Delivery: Office of Technical and Information
Services, Architectural and Transportation Barriers Compliance Board,
1331 F Street, NW., suite 1000, Washington, DC 20004-1111.
All submissions received must include the agency name and docket
number for this rulemaking. All comments received will be posted
without change to http://www.access-board.gov, including any personal
information provided. Comments will also be available for inspection at
the above address from 9 a.m. to 5 p.m. on regular business days. The
hearing on July 24, 2007 will be held at the Westin Westminster, 10600
Westminster Boulevard, Westminster, CO 80020; the hearing on September
6, 2007 will be held at the Madison Hotel, 1177 Fifteenth Street, NW.,
Washington, DC 20005.
FOR FURTHER INFORMATION CONTACT: Bill Botten, 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) 272-0014 (Voice); (202) 272-0082 (TTY).
These are not toll-free numbers. E-mail address: botten@access-
board.gov.
SUPPLEMENTARY INFORMATION:
Availability of Copies and Electronic Access
Single copies of this publication may be obtained at no cost by
calling the Access Board's automated publications order line (202) 272-
0080, by pressing 2 on the telephone keypad, then 1 and requesting
publication S-65 (Outdoor Developed Areas Notice of Proposed
Rulemaking). Please record your name, address, city, State, zip code,
telephone number and request publication code S-65. Persons using a TTY
should call (202) 272-0082. This document is available in alternate
formats upon request. Persons who want this publication in an alternate
format should specify the type of format (cassette tape, Braille, large
print, or ASCII disk). This document is also available on the Board's
Web site (http://www.access-board.gov).
Background
The Architectural and Transportation Barriers Compliance Board
(Access Board) is responsible for developing accessibility guidelines
to ensure that new construction and alterations of facilities subject
to the Americans with Disabilities Act of 1990 and the Architectural
Barriers Act of 1968 are readily accessible to and usable by
individuals with disabilities. The Americans with Disabilities Act
applies to State and local government facilities, places of public
accommodation, and commercial facilities. The Architectural Barriers
Act applies to federally financed facilities.
The Access Board has developed accessibility guidelines for
buildings and various other facilities subject to the Americans with
Disabilities Act and the Architectural Barriers Act. The Access Board
recently revised the Americans with Disabilities Act and the
Architectural Barriers Act Accessibility Guidelines in 2004. 69 FR
44084 (July, 23, 2004). The revised accessibility guidelines are
codified at 36 CFR Part 1191, Appendices A through E, and are available
at the Access Board's Web site (http://www.access-board.gov/ada-aba/final.htm
). The revised accessibility guidelines include scoping and
technical provisions for several types of recreation facilities,
including recreational boating facilities, fishing piers and platforms,
golf facilities, play areas, and swimming pools. However, the revised
accessibility guidelines do not address access to such outdoor
developed areas as trails, beaches, and picnic and camping facilities.
The Access Board convened a Recreation Access Advisory Committee in
1993 as the first step in developing accessibility guidelines for
outdoor developed areas and other recreation facilities. The advisory
committee presented its report in 1994, and the Access Board issued an
Advance Notice of Proposed Rulemaking (ANPRM) the same year requesting
public comment on the committee's recommendations. 59 FR 48542
(September 21, 1994). The public comments revealed a lack of consensus
on some major issues regarding outdoor developed areas.
The Access Board subsequently established a regulatory negotiation
committee in 1997 to propose accessibility guidelines for outdoor
developed areas.\1\ Regulatory negotiation is a supplement to the
traditional rulemaking process that allows for face to face
negotiations among representatives of affected interests, including the
agency, with a goal of reaching consensus on a proposed rule. The
proposed rule is then published in the Federal Register and the public
has an opportunity to comment. Based on public comments received, the
final rule may differ from the proposed rule. The regulatory
negotiation committee reached consensus on proposed accessibility
guidelines for outdoor developed areas, and presented its report to the
Access Board in 1999. The regulatory negotiation committee's report is
available at the Access Board's Web site (http://www.access-board.gov/outdoor/outdoor-rec-rpt.htm
).
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\1\ The following organizations were represented on the
regulatory negotiation committee: American Society of Landscape
Architects; American Camping Association; American Trails;
Appalachian Trail Conference; Association of Blind Athletes; Hawaii
Commission on Persons with Disabilities; KOA, Inc.; National
Association of State Park Directors; National Association of State
Trail Administrators; National Center on Accessibility; National
Council on Independent Living; National Recreation and Park
Association; National Spinal Cord Injury Association; New York State
Department of Environmental Conservation; Paralyzed Veterans of
America; Partners for Access to the Woods; Rails to Trails
Conservancy; State of Washington, Interagency Committee for Outdoor
Recreation; TASH; U.S. Army Corps of Engineers; U.S. Department of
Agriculture, Forest Service; U.S. Department of Interior, National
Park Service; U.S. Department of Transportation, Federal Highway
Administration; U.S. Access Board; and Whole Access.
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Federal agencies are required to assess the impacts of proposed
rules and final rules, and prepare detailed analyses of
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the costs and benefits of the rules if the impacts are economically
significant.\2\ Sufficient data is not presently available for the
Access Board to assess the impacts of the proposed accessibility
guidelines for outdoor developed areas on State and local governments
and private entities. Consequently, the Access Board has decided to
limit this proposed rule to outdoor developed areas designed,
constructed, or altered by Federal agencies subject to the
Architectural Barriers Act. At a future date, when an assessment of the
impacts on State and local governments and private entities can be
prepared, the Access Board will conduct a separate rulemaking for
outdoor developed areas subject to the Americans with Disabilities Act.
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\2\ A rule is considered economically significant if it may have
``an annual effect on the economy of $100 million or more, or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities.'' Executive Order 12866, section (f)(1).
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The proposed rule will primarily affect the following Federal land
management agencies and their components: Department of Agriculture
(Forest Service); Department of Interior (National Park Service, Fish
and Wildlife Service, Bureau of Land Management, and Bureau of
Reclamation), and Department of Defense (Army Corps of Engineers). In
May 2006, the Forest Service published a notice of a final directive
that requires compliance with the Forest Service Outdoor Recreation
Accessibility Guidelines (FSORAG), 71 FR 29288 (May 22, 2006), and the
Forest Service Trail Accessibility Guidelines (FSTAG) 71 FR 29294 (May
22, 2006). The FSORAG and FSTAG provide accessibility direction for
outdoor developed recreation areas in the National Forest System. When
the Board finalizes its accessibility guidelines for outdoor developed
areas, the Forest Service will revise the FSORAG and FSTAG as needed to
incorporate the Board's guidelines.
The proposed accessibility guidelines in the regulatory negotiation
committee's report followed the format and numbering system of the
Americans with Disabilities Act Accessibility Guidelines that was
initially issued by the Access Board in 1991. As indicated earlier, the
Access Board revised the Americans with Disabilities Act and the
Architectural Barriers Act Accessibility Guidelines in 2004. The
revised accessibility guidelines use a new format and numbering system.
The proposed rule follows the new format and numbering system of the
revised accessibility guidelines. The proposed rule has also been
edited to conform to the style of the revised accessibility guidelines.
The substance of the proposed rule is the same as in the regulatory
negotiation committee's report.
The proposed rule is presented as a ``stand alone'' document. The
proposed rule consists of four chapters. Chapter T1 contains general
provisions. Chapter T2 contains scoping provisions for trails, outdoor
recreation access routes, beach access routes, picnic and camping
facilities, and elements associated with those facilities. Chapter T3
contains technical provisions that are unique to the items scoped in
Chapter T2. Chapter T4 contains supplementary technical provisions that
are common to all facilities such as turning space, reach ranges,
operable parts, and doors, and are also applicable to the items scoped
in Chapter T2. Chapter T4 also adapts the technical provisions for
toilet facilities to apply to pit toilets. Facilities and elements such
as visitor centers, parking lots, plumbed toilets and bathing
facilities, drinking fountains, recreational boating facilities, and
fishing piers and platforms that are covered by the Architectural
Barriers Act Accessibility Guidelines issued in 2004 are not included
in this proposed rule. A provision has been added to Chapter T2
(T201.4) requiring facilities and elements covered by the Architectural
Barriers Act Accessibility Guidelines to comply with those guidelines.
The Board invites comment on the format of the proposed rule and
other format recommendations for the final rule.
Access Board Questions
The Board requests comments on the following questions related to
the accessibility guidelines proposed by the Regulatory Negotiation
Committee.
Question 1: The Board acknowledges the difficulty in reaching
consensus on proposed accessibility guidelines for newly constructed
and altered trails and appreciates the hard work of the regulatory
negotiation committee. Throughout the committee's deliberations,
several alternative approaches to addressing trail accessibility were
considered. Some of the approaches considered and rejected included
applying different provisions to ``front'' country and ``back'' country
trails; general exemptions from accessibility in some areas; different
provisions based on levels of development; and requiring only a certain
percentage of new trails to be accessible. A summary of the committee's
deliberations on these approaches is included in the preamble under the
section on trails (T203). The committee reached consensus on the
approach presented in this proposed rule. Should the approaches that
were rejected be reconsidered? Are there other approaches the Board
should consider? If so, please provide information on how the
alternative approaches would be applied and their rationale.
Question 2: The proposed guidelines include conditions for
exceptions from the technical provisions (T302). Condition 4 permits
specific exceptions to the technical provisions for trails where
compliance would not be feasible due to terrain or prevailing
construction practices. The term ``not feasible'' is used in Condition
4 to specify what is ``reasonably do-able.'' It does not refer to the
technical infeasibility or possibility of full compliance with the
technical provisions. Should the word ``practicable'' also be used in
this condition? That is, are there situations where it would be
``reasonably do-able'' to comply with the guidelines, but it is not
``practicable'' to do so? Should there be more guidance for determining
what is or is not feasible or practicable in applying Condition 4? If
so, what type of guidance should be provided? Should the guidance give
specific examples of situations where certain provisions such as
maximum running slope may not be feasible or practicable for a portion
of a trail?
Question 3: A newly constructed trail that complies with the
technical provisions for trails would be considered an accessible trail
and is required to display a symbol designating the trail as
accessible. The committee did not reach consensus on what symbol should
be displayed on the sign. Some suggested that the International Symbol
of Accessibility that is used to designate accessible features in
buildings was not appropriate to designate accessible trails because
the technical provisions for trails differ from the technical
provisions for accessible routes in buildings, and using the
International Symbol of Accessibility for accessible trails may convey
the message that accessible trails meet the same technical provisions
as accessible routes in buildings. Others suggested that the
International Symbol of Accessibility be paired with the International
Hiker Symbol. Comments on this suggestion or other suggested symbols
are welcome.
The committee also recommended that trail signs provide detailed
information about the trails' running
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slope, width, cross slope, and other characteristics. This would enable
people to make informed decisions about using trails based on the
characteristics of the trails. On the other hand, it was noted that
this approach might result in signs that would be too elaborate and
complicated, and some hikers might not be able to distinguish between
the various characteristics to make appropriate choices. The Board
requests comment on this issue. Information is provided in the advisory
note to T321.2 showing examples of signs and other details. Question 25
also requests further comment on trail signage.
Question 4: The committee proposed that a beach access route be
required where pedestrian routes are provided to or along the edge of a
beach. Several exceptions to this general requirement are included in
the proposed rule. Section T205.2.3 Exception 6 provides an exception
for pedestrian routes that are developed along the edge of an existing
beach, such as a boardwalk. Under this exception, beach access routes
would not be required if the pedestrian route or boardwalk is elevated
6 inches or higher above the beach surface. The Board is concerned that
this exception will not provide sufficient access for persons with
disabilities, especially where lengthy elevated boardwalk systems are
provided. In view of this, the Board requests comments on whether a
higher threshold than 6 inches should be used.
Question 5: The proposed rule requires beach access routes to be a
minimum of 36 inches in width. Should this width be increased? When
beach access routes are less than 60 inches in width, a passing space
of 60 inches by 60 inches would be required every 200 feet. Should the
passing space be larger? Should passing spaces be provided more
frequently than every 200 feet? The Board is interested in information
from designers or operators who have provided beach access routes.
Question 6: The proposed rule requires beach access routes to
extend to the water. The Board requests comments on whether beach
access routes should connect managed elements and spaces often located
on a beach such as beach volleyball courts, first aid stations, beach
rental equipment facilities, and concession stands.
Question 7: The proposed rule (T308.3) requires the height of the
cooking surface of a grill to be 15 inches minimum to 34 inches maximum
above the floor or ground surface. Is the 15 inch minimum height too
low? If so, what dimension should be used and why?
Question 8: The number of picnic tables, grills, benches, and other
elements required to be accessible in this proposed rule is based on
what is provided in an area. While no definition of area is provided,
several examples are included in the advisory note to T206.2.2 to give
guidance on what is intended. Areas may be ``designated locations'',
separated and identified by a name or connected to a separate entrance
road. Areas may also be separated and include different settings on the
same site. For example, a picnic area located next to a lake in a park
is considered a separate picnic area from a pavilion with numerous
picnic tables within the same park. Does the term ``area'' need to be
defined? If so, please provide a recommended definition.
Question 9: Extensive information is included in the advisory note
to T303.3 (Table A) on the degree of firmness and stability of a trail
surface. The Board is seeking comment on whether the recommendations
for the degree of surface firmness and stability should be based on the
length of travel, the intended use, or the direction of traffic. For
example, surfaces that are moderately firm or stable may be appropriate
in areas where a cushioned surface is preferred (e.g., for a multi-use
trail that includes equestrians).
The Board requests comment on the concept of having a range of
requirements for what will qualify as firm and stable. For example, is
it acceptable for a trail under .5 miles in length to be only
``moderately'' firm? Is it acceptable for a trail less than .1 miles in
length to be only ``moderately'' firm and ``moderately'' stable?
Further, is it appropriate to consider a surface firm if the wheel of a
wheelchair sinks into it by .5 inch? And, is it appropriate to measure
both firmness and stability by the same wheelchair penetration test?
While this information is only advisory, the Board requests comments on
whether it should be included in the advisory at all.
Question 10: Should the number of required accessible outdoor
elements such as picnic tables, fire rings, and benches be increased
from the scoping provisions in Chapter T2? In most cases, 50% of the
elements provided are required to be accessible. Of those elements
required to be accessible, 40% are also required to be connected by an
outdoor recreation access route. The Board is interested in comments
and alternatives to the scoping provisions for these elements.
Question 11: The guidelines issued by the Board in 2004 include
changes to the technical provisions for reach ranges. The high side
reach was changed from 54 inches to 48 inches maximum. Additionally,
the low reach was changed from 9 inches to 15 inches minimum. These
revised reach range provisions are included in Chapter T4. However, the
proposed low reach for the fire building surface on fire rings was
unchanged. The Board did not modify this provision since the regulatory
negotiation committee specifically addressed the 9 inch minimum for
this element. The Board is interested in comment on the application of
the revised reach ranges to the various controls and operating
mechanisms addressed in this proposed rule.
General Issues
The remainder of the preamble is from the report of the Regulatory
Negotiation Committee.
Alterations and Maintenance
Alterations and maintenance of trails were discussed extensively by
the committee. As a result of these discussions, guidance in
determining when actions would be considered ``maintenance'' or an
``alteration'' was needed. Where actions are considered an alteration,
certain technical provisions will apply. There are no obligations to
follow any technical provisions where the actions are considered
maintenance or repair.
Routine or periodic maintenance or repair of existing trails or
trail segments is exempt from scoping and technical provisions for
accessible trails. Maintenance and repair is performed to return a
trail or trail segment back to the standards or conditions to which it
was originally designed and built. In outdoor environments, the ability
to maintain a facility is generally more limited, occurring relatively
infrequently, except in highly developed areas. This type of work is
not an alteration; it does not change the original purpose, intent, or
design of the trail. The act of maintenance and repair includes, but is
not limited to:
Removal of debris and vegetation such as downed trees or
broken branches in the trailway, clearing a trail of encroaching brush
or grasses, and removing rock slides;
Maintenance of the trail tread such as filling ruts and
entrenchments, reshaping trail beds, repairing trail surfaces and
washouts; installing rip rap (rock placed to retain cut and fill
slopes), and constructing retaining walls or cribbing to support the
trail tread;
Erosion control and drainage, replacing or installing
necessary drainage structures such as drainage dips, water bars, or
culverts, and
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realigning sections of trail to deter erosion or avoid boggy or marshy
areas; and
Repair of trail or trailhead structures, including
replacing deteriorated, damaged, or vandalized parts of structures such
as sections of bridges, boardwalks, information kiosks, fencing,
railings, and painting or removing graffiti.
Where practicable and feasible, resource managers are encouraged to
maximize the opportunity to improve accessibility on trails through
trail maintenance and repair activities. Every time a trail is
maintained, the opportunity to improve access is present.
Question 12: The committee recognized that the distinction between
alterations and maintenance activities is as critical to picnic areas,
campgrounds, and beaches as it is to trails. Although the previous
discussion specifically refers to trails, the examples could be
extrapolated to include other outdoor elements. How should alteration
and maintenance activities be defined for picnic areas, campgrounds,
and beaches, including outdoor recreation access and beach access
routes?
Question 13: Should there be different construction tolerances for
the outdoor environment? For example, should the construction
tolerances be greater with respect to trails, picnic areas, camping
facilities, and beach access routes than interior accessible routes? If
so, how should those tolerances be defined?
Relationship Between Use of All Terrain Vehicles (ATVs) and the
Proposed Accessibility Guidelines for Trails
During the committee deliberations, some individuals expressed
concern that applying the proposed accessibility guidelines to trails
in the ``back country'' or lesser developed portions of outdoor
recreation areas would make it more difficult for public land managing
agencies to appropriately manage the use of all terrain vehicles (ATVs)
and off highway vehicles (OHVs) in these areas. One concern was that
requiring land managing agencies to consider making trails in lesser
developed areas accessible according to the proposed guidelines would
make it more difficult to control and restrict where these types of
devices may be used.
The proposed guidelines for trails address their design,
construction, and alteration in the same manner that other
accessibility provisions address fixed facilities. They are similarly
based on the dimensions and use patterns of those assistive devices
commonly referenced throughout the Board's guidelines. While in the
outdoor environment it may be possible to encompass a wider variety of
mobility enhancing equipment, the necessity of protecting the
environment and maintaining the appropriateness of the setting might
exclude certain devices, particularly ATVs or OHVs. That decision is
reserved for the administrative agency or owner of the affected
property and is beyond the scope of these guidelines.
Trails Used as Transportation Facilities (Shared Use Paths)
Many trails are used as non-motorized transportation facilities.
Users may include bicyclists and skaters as well as pedestrians. These
accessibility guidelines apply to these trails. However, bicyclists and
skaters have design needs which exceed the minimum guidelines for
trails. A trail designed only to meet the proposed accessibility
guidelines for trails may not be adequate, and possibly hazardous for
bicyclists or skaters.
The primary design guide for bicycle and shared use facilities is
the ``Guide for the Development of Bicycle Facilities'' from the
American Association of State Highway and Transportation Officials
(AASHTO), 1999. The AASHTO Guide defines a ``shared use path'' as a
facility on exclusive right-of-way and minimal cross flow by motor
vehicles. Users generally include bicyclists, skaters, and pedestrians.
(In areas with heavy snow, shared use paths may be used by cross-
country skiers or snowmobilers.) A summary of how the AASHTO Guide
relates to the proposed accessibility guidelines for trails is
provided. In most cases, the AASHTO Guide requires a greater level of
accessibility when designing trails for pedestrians, including
bicyclists and skaters.
Shared use paths provide non-motorized transportation connections
between neighborhoods and communities. They may be along old railroad
corridors or rivers, or pass through parks. Shared use paths are
usually separated from adjoining roadways or streets either by distance
or a barrier, and are usually distinct from sidewalks. They generally
have relatively few driveways or street crossings. A summary of how the
AASHTO Guide relates to the proposed accessibility guidelines for
trails is included below. Trails designed for recreational use by
mountain bicyclists are not expected to meet AASHTO Guidelines.
Comparison of American Association of State Highway and Transportation
Officials (AASHTO) Guidelines for Bicycle Facilities and the Proposed
Guidelines for Trails
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AASHTO guide for the
Outdoor developed areas accessibility development of bicycle
guidelines facilities
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T303.3 Surface: Firm and stable........ Bicycles need the same firmness
and stability as wheelchairs;
skaters usually require a
smooth, paved surface. Most
shared use paths are paved,
although crushed aggregate
surfaces are used on some
paths.
T303.4 Clear Tread Width: 36 inches (3 Shared use paths usually
feet; 915 mm); exception for 32 inches require a minimum 3 meter (10
(815 mm). foot) width, plus a 0.6 meter
(2 foot) safety buffer on both
sides. A 2.4 m (8 foot) width
may be allowed in low use
facilities. Posts or bollards
installed to restrict motor
vehicle traffic should be
spaced 1.5 m (5 feet) apart.
Posts or bollards should be
brightly painted and
reflectorized for visibility.
When more than one post is
used, use an odd number, with
one on the centerline to help
direct opposing traffic.
T303.5 Openings (Gaps): To prevent The AASHTO Guide does not
wheelchair wheels and cane tips from specify a maximum dimension
being caught in surface openings or for a surface opening, but
gaps, openings in trail surfaces shall openings should be minimized.
be of a size which does not permit Openings should not permit a
passage of a \1/2\ inch (13 mm) bicycle wheel to enter. Grates
diameter sphere; elongated openings should be flush with the
must be perpendicular or diagonal to surface, and elongated
the direction of travel; exception to openings should be
permit parallel direction elongated perpendicular to the direction
openings if openings do not permit of travel (diagonal openings
passage of a \1/4\ inch (6 mm) sphere; are more difficult for
second exception to permit openings bicyclists to negotiate).
which do not permit passage of a \3/4\ Where openings are
inch (19 mm) sphere. unavoidable, they should be
clearly marked.
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T322.1 Protruding Objects:T405 provide Protruding objects should not
a warning if vertical clearance is exist within the clear tread
less than 80 inches (2030 mm). width of a shared use path.
Vertical clearance on shared
use paths should be a minimum
of 3 m (10 feet) or the full
clear width including safety
buffers. Where vertical
barriers and obstructions,
such as abutments, piers, and
other features are
unavoidable, they should be
clearly marked.
T303.6 Tread Obstacles (Changes in Tread obstacles are hazardous
level, roots, rocks, ruts): Up to 2 to bicyclists and skaters. The
inches (50 mm); exception up to 3 surface of a shared use path
inches (75 mm). should be smooth and should
not have tread obstacles.
T303.7 Passing Space: At least 60 Shared use paths should have a
inches (1525 mm) width within 1,000 minimum clear width of 3 m (10
foot (300 m) intervals. Advisory feet); exception for 2.4 m (8
recommends more frequent intervals for feet).
some trail segments.
T303.8.1 Cross Slope: 1:20 (5%) For drainage, shared use paths
maximum; exceptions for open drains up should have a minimum 2
to 1:10 (10%). percent (1:50) cross slope on
a paved surface. On unpaved
shared use paths, particular
attention should be paid to
drainage to avoid erosion.
Curves on shared use paths may
require super elevation beyond
2% (1:50) for safety reasons.
The Guide suggests limited
cross slope for accessibility
reasons.
T303.8.2 Running Slope: 1:20 (5%), any Running slopes on shared use
length; 1:12 (8.33%), for up to 200 paths should be kept to a
feet; 1:10 (10%), for up to 30 feet; minimum; grades greater than 5
1:8 (12.5%), for up to 10 feet. No percent are undesirable.
more than 30% of the total trail Grades steeper than 3 percent
length shall exceed 1:12. may not be practical for
shared use paths with crushed
stone or other unpaved
surfaces. Where terrain
dictates, grade lengths are
recommended as follows: < 5%
(< 1:20), any length; 5-6%
(1:20-16.7), for up to 240 m
(800 feet); 7% (1:14.3), for
up to 120 m (400 feet); 8%
(1:12.5), for up to 90 m (300
feet); 9% (1:11.1), for up to
60 m (200 feet); 10% (1:10),
for up to 30 m (100 feet);
11+% (1:9.1), for up to 15 m
(50 feet).
T303.9 Resting Intervals: Size: 60 inch The Guide does not address
(1525 mm) length, at least as wide as resting intervals.
the widest trail segment adjacent to
the rest area. Less than 1:20 (5%)
slope in all directions. Resting areas
are required where trail running
slopes exceed 1:20 (5%), at intervals
no greater than the lengths permitted
under running slope (see T302.6.2
above).
T303.10 Edge Protection: Where The Guide does not address edge
provided, 3 inch (75 mm) minimum protection. Some kinds of edge
height. Handrails are not required. protection may be hazardous to
bicyclists and skaters. The
Guide has minimum railing
height recommendations when
needed for safety reasons.
T222 Trail Signs: Accessible trails Guidance on signing and marking
require designation with a symbol of is provided in the Manual on
accessibility, and information on Uniform Traffic Control
total length of the accessible Devices (MUTCD), incorporated
segment. No traffic control sign by reference as a Federal
information. regulation (23 CFR 655.601). A
proposed amendment for Part 9
(Traffic Controls for Bicycle
Facilities) was published in
the Federal Register on June
24, 1999 (64 FR 33802).
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The ``Guide for the Development of Bicycle Facilities'' is available
through the American Association of State Highway and Transportation
Officials (AASHTO), 444 North Capitol Street, NW., Suite 249,
Washington, DC 20001, (202) 624-5800, fax (202) 624-5806, https://
bookstore.transportation.org/
Section-by-Section Analysis
This section of the preamble contains a summary of the proposed
accessibility guidelines for trails, outdoor recreation access routes,
beach access routes, and picnic and camping facilities. The text of the
proposed rule follows this section.
Chapter T1: Application and Administration
This chapter states general principles that recognize the purpose
of the guidelines (T101), modification and waivers (T102), conventions
(T103), and definitions (T104).
T102 Modifications and Waivers
The Architectural Barriers Act (ABA) authorizes certain agencies to
grant a modification or waiver from the scoping and technical
provisions upon a case-by-case determination.
T103 Conventions
All dimensions not stated as a ``maximum'' or ``minimum'' are
absolute and are subject to conventional industry tolerances except
where a range is provided. Rules are provided for calculations of
percentages.
T104 Definitions
Definitions for ``alterations'' and ``facility'' have been added by
the Board to this proposed rule and are based on definitions in the
Architectural Barriers Act Accessibility Guidelines issued in 2004. The
other definitions are from the regulatory negotiation committee's
report.
The definition of ``beach access route'' and ``designated
trailhead'', ``outdoor recreation access route'', and ``tread width''
are included as a part of the final report.
The term ``beach access route'' is defined as a continuous
unobstructed path designated for pedestrian use that crosses the
surface of the beach. Beaches can be found in three general aquatic
environments: coastal areas, along rivers, and along lakes and ponds.
Although the term ``beach'' is not defined, the committee broadly
considered this to include designated areas along a shore of a body of
water providing pedestrian entry for the purposes of water play,
swimming, or other water shoreline activities. A beach access route is
a designated path and different from an area where entry into the water
is possible, but not provided.
[[Page 34079]]
A beach access route is a pathway over the surface of the beach
itself, not the route leading to the edge of the beach surface. When a
beach is fronted by a park or other outdoor developed area, the route
over the surface to the edge and beginning of the beach surface may be
considered an outdoor recreation access route addressed by section
T204.
A ``designated trailhead'' is defined as a designated point of
access that may contain parking areas, information kiosks, restrooms,
water hydrants, and may be reached by vehicular or pedestrian access. A
designated trailhead is a ``point of access'' to a trail intended for
public use where information may be provided. The designated trailhead
may include a vehicle parking area for the public to access the trail
or may connect from a sidewalk or from a street or road in an area
where pedestrian access from a nearby neighborhood may be expected. It
does not include a junction between trails where there is no other
access or a location where a trail crosses a road and public access
from the road is not expected or is discouraged. It also does not
include an access point not open to the public.
An ``outdoor recreation access route'' is a continuous unobstructed
path designated for pedestrian use that connects accessible elements
within a picnic area, camping area, or designated trailhead.
The term ``trail'' is defined as a route that is designed,
constructed, or designated for recreational pedestrian use or provided
as a pedestrian alternative to vehicular routes within a transportation
system.
A trail designed, constructed, or designated for pedestrian use may
also have other uses, such as bicycling or in-line skating. It is
recognized that pedestrians use all trails. However, these guidelines
apply only to trails where travel on foot is one of the designated uses
for which the trail was created. For example, a trail designated for
mountain biking will not be considered a ``pedestrian trail'' whether
or not pedestrians actually use the trail. However, a multi-use trail
specifically designed and designated for hiking and bicycling would be
considered a pedestrian trail. Trails include, but are not limited to,
a trail through a forested park, a shared-use path, or a back country
trail. Trails do not include pathways such as sidewalks, pathways in
amusement parks, commercial theme parks, carnivals, or between
buildings on college campuses. These exterior accessible routes are
already covered by the Architectural Barriers Act Accessibility
Guidelines issued in 2004.
The accessibility guidelines for trails apply to those which are
designed and constructed for pedestrian use. These guidelines are not
applicable to trails primarily designed and constructed for
recreational use by equestrians, mountain bicyclists, snowmobile users,
or off-road vehicle (ORV) users, even if pedestrians may occasionally
use the same trails. People use these categories of trails by means of
transportation other than foot travel or personal mobility device.
Design and construction requirements for equestrians, mountain bikes,
ORVs, and snowmobiles are based on the specific requirements for the
intended mode of transportation. For the safety of trail users,
pedestrian use may not always be permitted on these trails in order to
minimize conflicts between motorized and non-motorized recreation.
These trails do not preclude use by a person with a disability since it
is planned that all trail users would be using the one or more
alternative means of transportation for which the trail is designed and
constructed. The design and construction of pedestrian trails without
consideration of these proposed guidelines, by contrast, could present
barriers to some trail users because the intended use is by foot or
personal mobility device. For these reasons, the committee
intentionally limited the application of the proposed guidelines to
pedestrian use trails.
The definition used in these proposed guidelines is not the only
definition used by trail designers and managers. Rather, it was
developed to specifically define the scope of these guidelines.
Additionally, it is intended that trails and side trails leading to
elements related to the trail, such as campsites and restrooms, should
meet the accessibility guidelines for trails, not outdoor recreation
access routes.
The term ``tread width'' is defined as the width of the usable
trail tread measured perpendicular to the direction of travel and on or
parallel to the surface of the usable trail tread. The minimum clear
tread width is the narrowest measurement on the usable trail tread with
respect to a specific trail segment. Clear tread width differs from
clear width in that the latter is the amount of land potentially
available for the trail.
Chapter T2: Scoping Requirements
Chapter T2 contains scoping provisions that specify which elements
and spaces are required to comply with the technical requirements in
Chapters T3 and T4.
T201 Application
This section provides that these guidelines apply to all newly
designed and constructed trails, outdoor recreation access routes,
beach access routes, and picnic and camping facilities and altered
portions of existing trails that connect to an accessible trail or
designated trailhead. The requirements apply to both permanent and
temporary facilities. It is recognized that compliance with this
section will not always result in facilities that will be accessible to
all persons with disabilities. These guidelines recognize that often
the natural environment will prevent full compliance with certain
technical provisions.
T202 Additions and Alterations to Existing Facilities
This section requires that each addition to an existing facility
comply with the requirements for new construction.
T202.3 Alterations
This section requires that where existing trails connecting to
designated trailheads or accessible trails are altered, they shall
comply with the requirements of Chapters T2 and T3. Committee members
sought to limit the application of these guidelines where existing
trails are not connected to a designated trailhead or an accessible
trail. Further discussion is included under T203 Trails. The section
also provides that where existing outdoor recreation access routes,
beach access routes, and picnic and camping facilities are altered,
each altered element or space must comply with the applicable
requirements of Chapter T2. Additionally, an alteration is prohibited
from decreasing or having the effect of decreasing the level of
accessibility below the requirements for new construction or imposing a
requirement for accessibility greater than that required for new
construction.
Exception 1 addresses the circulation path to an altered element or
space. Where the circulation path to the altered element or space is
not altered, an outdoor recreation access route is not required.
Exception 2 addresses altered picnic and camping elements. Where
picnic or camping elements are altered and the ground surface is not,
the ground surface is not required to comply with provisions for clear
space, surface slope, and accessible surfaces.
T203 Trails
This section requires that where trails connect to designated
trailheads or accessible trails, they shall comply with T303. Where
elements or spaces are
[[Page 34080]]
provided on trails complying with T303, they shall comply with the
applicable requirements of Chapter T2.
Committee members were concerned about the application of these
proposed accessibility guidelines to new and altered trails connecting
to portions of existing trails. They were concerned about the
development of newly constructed trails connecting to an existing
trail, where it was highly unlikely that the existing portion could
ever be made accessible. They were specifically concerned about newly
constructed and altered trails in the ``middle of nowhere''. To address
this concern, section T203 clarifies that the technical provisions
apply only to newly designed and constructed trails, and altered
portions of an existing trail that connects to an accessible trail or a
designated trailhead. Where new trails connect to an existing trail
that is not accessible, the technical provisions do not apply.
Additionally, the technical provisions do not apply where the new or
altered portion is not connected to a designated trailhead.
Section T203 also requires elements provided on trails to comply
with the applicable requirements of Chapters T2 and T3. For example, if
a bench is provided along a trail complying with T303, the bench must
meet the applicable provisions of T313. Where elements are provided
along trails, they are not required to be connected by an outdoor
recreation access route.
Question 14: Where trails are not accessible, the committee could
not agree on whether elements such as benches, picnic tables, or toilet
rooms located on a trail should be required to be accessible. For
example, an element such as a picnic table may be located on a trail
too steep to be accessible. The committee considered how future and
existing technology will allow assistive devices to get over more
difficult terrain. The committee discussed options to minimize scoping
(e.g., one of each element) requirements or limit the requirement to
certain elements such as sanitary facilities. Should elements located
on inaccessible trails be required to be accessible?
The committee considered many different approaches to developing
accessibility guidelines for newly constructed and altered trails. Each
approach balanced accessibility with the uniqueness of the outdoor
environment. The following are examples of the approaches considered
for trails throughout the committee's deliberations.
Requiring a percentage of the miles of trails provided to
be accessible. Using this approach, it was agreed that some trails,
such as paved urban and suburban transportation routes, should usually
be accessible. But the committee could not agree on the types of
trails, other than the type mentioned above, that should be accessible
and to what percent. The committee determined that this approach would
be too arbitrary and too difficult to follow.
Requiring a percentage of the total number of trails to be
accessible. The committee could not agree on a percentage. A
significant issue was the difficulty in separating existing trails and
new trails when determining the total number of trails.
Dividing trails into different categories (i.e., front
country and back country) and requiring certain accessibility
guidelines to be followed. The committee could not agree on the
categories, nor could it agree that a trail in one category would
always be different than a trail in another category. A concern was
that only ``easy'' trails would be made accessible, thereby eliminating
the ability for people with disabilities to use more difficult trails.
Requiring a certain level of access dependent on the
location of the trail in terms of the type of setting (i.e., highly
developed, moderately developed, or minimally developed). Definitions
must be agreed to and understood by the trails community, people with
disabilities, and land management agencies that are a part of the
Federal government. The committee could not find acceptable definitions
for a ``settings'' approach.
Committee members evaluated each approach through extensive
discussion and analysis. Within each proposal, the committee weighed
the balance between accessibility and the uniqueness of the outdoor
environment. Trails are often designed for a certain experience, or for
the user or types of use within the setting. Primitive or back country
trails for example, are usually found in remote locations or in a
natural state with limited development. Throughout the discussions,
committee members were concerned that providing access would change the
experience or result in a significant environmental impact. Even
providing accessible trails in a highly developed setting raised
concerns that all trails would begin to look alike. Committee members
did not want the proposed guidelines to impede the creativity of
planners or designers.
As this discussion evolved, some concerns common to each approach
arose regarding the potential impact on the natural environment. The
committee attempted to clarify and define these concerns so that all
involved could agree. The result is that section T302 defines four
conditions where trail construction projects can depart from the
technical provisions. This departure is allowed for the duration of the
existence of the condition, or unless the condition is such that it
makes it impractical to make the remainder of the trail accessible.
When designed and constructed, an accessible trail is a trail that
meets the technical provisions included within these proposed
guidelines. It is also considered accessible where one of the
exceptions within the technical provisions is used to address a
specific condition. This is limited to certain exceptions, and does not
include those that allow for departure from the entire provision based
on the conditions in T302.
T204 Outdoor Recreation Access Route
An outdoor recreation access route is a continuous unobstructed
path designated for pedestrian use that connects accessible elements
within a picnic area, camping area, or designated trailhead. Outdoor
recreation access routes do not include pathways such as sidewalks,
pathways in amusement parks, visitor centers, commercial theme parks,
or carnivals and between buildings on college campuses already
addressed by the Architectural Barriers Act Accessibility Guidelines
issued in 2004.
Outdoor recreation access routes are required to connect elements
required to be accessible. For example, where a cooking grill and a
picnic table are provided in an accessible camp site, the outdoor
recreation access route is required to connect these elements. Elements
such as benches or picnic tables located along a trail, however, are
not required to be connected by an outdoor recreation access route.
At least one outdoor recreation access route must connect
accessible elements and spaces within the area. Five exceptions are
added to this provision. Elements located on trails are not required to
be connected by an outdoor recreation access route. Where multiple
picnic tables, fire rings, cooking surfaces or benches are provided, at
least 40 percent (of the accessible elements), but not less than two,
must be located along an outdoor recreation access route. For example,
if ten picnic tables are provided in a picnic area, T206.2.2 requires
five tables to be accessible. Of the five tables required to be
accessible, 40 percent, or two, would need to be located along an
outdoor recreation access route.
In the outdoor recreation environment, the natural terrain often
[[Page 34081]]
presents a real obstacle. Although this would not affect the
accessibility of elements such as picnic tables and fire rings, it
could impact getting to them. The committee realized that in many
areas, it might not be possible to locate all accessible elements along
an outdoor recreation access route. Rather than decreasing the number
of accessible elements, the decision was made to reduce the scoping for
outdoor recreation access route connections. While some committee
members wanted all accessible elements to be located along an outdoor
recreation access route, other committee members felt that would be
unrealistic in the outdoor environment given constraints of the natural
terrain. The committee finally reached consensus on requiring 40
percent of the accessible elements to be located along the outdoor
recreation access route.
T205 Beach Access Routes
Section T205.2 addresses the location of beach access routes. Beach
access routes shall coincide with or be located in the same area as
general circulation paths.
The proposed accessibility guidelines for beaches include two
scoping provisions. Section T205.2 addresses new beaches and section
T205.3 addresses existing beaches. A ``new beach'' refers to sites
where a beach is created through the importation of sand or other beach
surface to create a new beach where none previously existed. The
proposed guidelines treat ``new beaches'' differently from ``existing
beaches''. A beach access route is required in new construction. The
committee agreed that the opportunity to provide access is greater with
a newly constructed beach. The committee also considered the option of
a scoping requirement based upon the volume of new beach created, but
due to the difficulty in measuring a changing volume of sand, did not
include that option.
Section T205.2 requires that where a new beach is constructed, a
minimum of one beach access route must be provided for every one half
mile of linear feet of new beach. The committee considered that one
half mile was a reasonable distance between beach access routes on a
new beach.
Question 15: Comment is sought on the impact of constructing a
beach access route every \1/2\ mile along a new beach. If this distance
is not appropriate, other specific distances are requested.
Question 16: The committee outlined several exceptions to the
application of the technical provisions for beach access routes in
T305. Comment is sought about whether there are any other situations
for which site infeasibility would preclude compliance with the
technical provisions for a beach access route. If so, are there
specific technical provisions (T305) where departures may be necessary
due to site constraints?
Section T205.3 addresses beach access routes for an existing beach.
Where a pedestrian route is provided from a developed site to the edge
of an existing beach surface, a beach access route must be provided.
This provision addresses a situation when an entity decides to
construct a pedestrian route which is used by everyone to access a
beach. In that situation, the action will trigger an obligation to
address access for persons with disabilities. The committee did not
limit the obligation to only when an entity constructs a path
perpendicular to a beach edge because few such paths are developed. The
committee also intended to include pedestrian sidewalks or boardwalks
along the beach as ``pedestrian routes'' to the edge of an ``existing
beach.''
Question 17: The committee considered beach sites where constructed
parking spaces or a parking lot is provided adjoining the beach. Should
the provision of constructed parking spaces adjoining the beach,
trigger a beach access route? If so, should the trigger be based on the
number of parking spaces or some other measure?
The committee discussed several options and decided that the
obligation to provide a beach access route over the surface of the
beach would be triggered when a pedestrian access route to the edge of
the beach surface is provided. The committee recognized that this would
obligate an entity to extend a path further than they might have
originally intended. However, the committee felt strongly that a
developed path which ends at the edge of the beach surface would be of
little use to a person with a disability who wishes to traverse the
beach itself. They also believed that this requirement was reasonable
since the provision allows the beach access route to be either
temporary or permanent. Designers and operators can decide the type of
route appropriate given the different environments. The committee
determined that the beach route would be required to the same point
appropriate for an ocean, river, lake, or reservoir.
Several exceptions are permitted for routes on existing beaches.
Exception 1 permits the use of a ``temporary'' beach access route where
one is required. The committee believed that requiring a permanent
structure was far too restrictive from a design or environmental
perspective. In particular, constraints of the environment may limit or
preclude the construction of permanent structures. Permanent structures
may also require additional permits in coastal and shoreline areas.
Wave action can also cause significant erosion which can shortly turn a
permanent structure into a hazard. Therefore, entities can choose to
use a temporary structure for administrative and operational reasons.
Vehicular access or access provided by an assistive device would not
meet the technical provisions of a beach access route. While these
options may enhance access to the beach for persons with disabilities,
they are not considered alternatives to providing a beach access route.
The committee intended that temporary beach access routes be in place
during all hours where the public has access to the beach.
Exception 2 exempts routes created solely for shoreline maintenance
from complying with T205. The committee recommended exempting those
routes which are strictly established for shoreline maintenance
personnel, particularly if accessed by a vehicle.
Exception 3 exempts routes created solely as undeveloped public
easements from complying with section T205. The committee recommended
an exemption if a ``route'' is merely an open public easement and right
of way, an undeveloped space or opening created between developments
where a developer leaves space open under the requirements of State or
local laws for shoreline access.
Exception 4 exempts a beach access route from being required where
another beach access route exists within one-half mile and is within
the beach of the same jurisdiction. The committee recommended that if a
beach access route already exists to the beach in close proximity,
there should be no requirement to create another beach access route.
The committee considered one-half mile to be a reasonable distance so
long as the existing beach route is served by the same beach. This is
similar to the philosophy that all entrances into the same building do
not have to be accessible. The one-half mile is also consistent with
the requirement for scoping for a second route with construction of a
new beach.
Exception 5 distinguishes beach replenishment from alterations.
Nourishment is the process of replenishing a beach. While it can occur
naturally with the depositing of sand from wave action, it is more
commonly
[[Page 34082]]
accomplished artificially by mechanically depositing sand on the beach.
A beach may completely erode before it is artificially nourished, or it
may be nourished on a periodic schedule to maintain the desired amount
of beach for use or to act as a barrier for adjoining buildings and
facilities. Exception 5 permits the process of beach nourishment
without triggering the alteration provision. The committee did not
believe that such activities should trigger any obligations for a beach
access route over the surface of the beach.
Question 18: Comment is sought on whether there is a need to
distinguish between certain beach nourishment projects. Should certain
beach nourishment activities or projects trigger the requirements of a
beach access route? If so, how should these projects be identified or
defined?
Exception 6 provides an exception where the pedestrian route which
is developed along the edge of an existing beach is elevated higher
than 6 inches above the beach surface. This exception is intended to
address those situations where a lengthy pedestrian route such as a
sidewalk fronts the length of a beach and the route is elevated higher
than 6 inches. The committee recognized that those areas would be drop-
offs where the creation of a beach access route would require 6 feet of
ramp to be constructed to meet the beach surface.
T206 Picnic Tables
Section T206.2.1 requires that where one fixed picnic table is
provided in a picnic area, it must be accessible. The table must also
be located along an outdoor recreation access route. This provision is
included in order to ensure that a picnic area with only one table is
accessible to and usable by people with disabilities. If only one table
is provided, and it is not accessible, people with disabilities would
not have the option of choosing another table. This provision applies
only to picnic tables that are ``fixed'' to the ground, (i.e.,
permanently attached such as by a chain from the table to a concrete
footing below ground).
Section T206.2.2 requires that where two or more picnic tables are
provided in a picnic area, at least 50 percent, but no less than two,
must be accessible.
Some committee members initially proposed 100 percent scoping,
requiring all tables to be accessible. Other members considered 100
percent too high and more than what is required for the built
environment. After much debate, committee members agreed that 50
percent scoping would adequately accommodate the demand for accessible
tables. Committee members considered this to be realistic and feasible
for most outdoor recreation providers, and would result in a higher
number of accessible tables in smaller picnic areas.
The proposed scoping provision addresses picnic tables located in
an ``area.'' An ``area'' refers to a designated location where picnic
related elements are located. For instance, a picnic ``area'' is a
designated location where picnic related elements are located. Areas
may be separated and include different settings on the same site. For
example, a picnic area located next to a lake in a park is considered a
separate picnic area from a pavilion with numerous picnic tables within
the same park. Picnic ``areas'' may also be separated and designated by
a name or connected to a separate entrance road.
Section T206.3 requires accessible tables to be dispersed among the
various types of picnic settings or opportunities provided. For
example, a particular picnic area may offer picnic sites near the lake,
in the woods, or in the open sunny portion of the area. This provision
requires that the number of accessible tables be distributed throughout
the area, so that people with disabilities would have a choice of
picnic locations similar to what other visitors to the area have. This
section would not increase the total number of accessible tables
required in T206.2.
Section T206.4 addresses wheelchair spaces and requires at least
one wheelchair space at an accessible picnic table. Where the table top
perimeter exceeds 24 linear feet, the number of wheelchair spaces must
comply with Table T206.4. More wheelchair spaces would be required
where the perimeter of the table top (not including the bench) exceeded
24 linear feet. The location of the wheelchair space(s) would be left
to the discretion of the designer, although an advisory note (T306.2)
recommends that the wheelchair spaces be dispersed rather than
clustered in one location.
Committee members discussed the issue of wheelchair spaces at
length, finally basing the number of spaces on an average table
dimensioned at ten-feet long by 2 and one half feet wide. Such a table
has a perimeter of 25 linear feet and is designed to accommodate up to
ten people. The committee decided tables of that size should provide
two wheelchair spaces, while smaller tables should only require one
space. Tables with a perimeter of 45 to 64 linear feet (i.e., two ten-
foot long tables joined together) would require three wheelchair
spaces. Tables with 65 to 84 linear feet would require four wheelchair
spaces, and so on.
T207 Fire Rings
Section T207.2.1 requires that where only one fire ring is provided
in an area, it must be accessible.
Section T207.2.2 requires that where two or more fire rings are
provided in an area, at least 50 percent, but not less than 2, must be
accessible.
Section T207.3 requires that the accessible fire rings be located
throughout an area and be dispersed among the types of fire rings, if
different styles or designs are provided. For example, a picnic area
may provide fire rings without cooking surfaces (i.e., for camp fires
only) and some with cooking surfaces. In addition, the area may offer
sites nestled in the trees, some near the water, and others in open
meadows. This section would require that accessible fire rings be
available in both types and distributed among the different sites,
affording people with disabilities the similar choice of fire ring
location that is available to other visitors. This provision does not
require an increase in the total number of accessible fire rings.
T208 Cooking Surfaces, Grills, and Pedestal Grills
Section T208.2.1 requires that where only one cooking surface,
grill, or pedestal grill is provided in an area, it shall comply with
section T308. Section T208.2.2 requires that where multiple cooking
surfaces, grills, or pedestal grills are provided in an area, 50
percent, but not less than two, shall comply with T308. The rationale
for this provision is consistent with picnic tables (T206), fire rings
(T207) and other outdoor elements.
Section T208.3 requires accessible cooking surfaces, grills, and
pedestal grills to be dispersed throughout the area and among the types
provided. For example, if a picnic area offers different types of
cooking surfaces, the total number of accessible cooking surfaces is to
be distributed among the different types provided. This provision would
not increase the number of cooking surfaces, grills, or pedestal grills
required to be accessible.
T209 Trash and Recycling Containers
Section 209.1 requires each trash or recycling container to be
accessible. The committee considered this to be a health issue making
it imperative that each container meet the provisions for
accessibility. This requirement is compatible with those for other
singly occurring elements in an outdoor setting, as well as providing
consistency
[[Page 34083]]
with the Architectural Barriers Act Accessibility Guidelines. An
exemption is provided where the container has one or more compartments.
In this case, 50 percent of the compartments must be accessible. The
committee determined that this requirement would assure the user of
finding at least one accessible compartment in a multi-bin container.
T210 Wood Stoves and Fireplaces
Section T210.1 requires each wood stove and fireplace to be
accessible.
T211 Overlooks and Viewing Areas
Section T211.1 requires each viewing area, where provided, on
designated overlooks to be accessible.
Overlooks and viewing areas are specifically designed and
constructed to provide an unobstructed observation of a vista or to a
specific point of interest, such as the view to a mountain range or
down into a valley or to a waterfall or geologic formation. As such,
they are a destination for the user and should be accessible. An
exception permits a minimum of one of each viewing opportunity for
distinct points of interest where multiple viewing areas are provided.
T212 Telescopes and Periscopes
Section T212.1 requires that when telescopes or periscopes are
provided, 20 percent, but never less than one, telescope or periscope
must be accessible. Where only one telescope or periscope is provided,
it must be usable from the seated position and also be usable from the
standing position. This configuration will provide accessibility and
usability.
Viewing areas or overlooks are sometimes equipped with mounted
telescopes and less often with periscopes. The purpose of these
elements is to provide the visitor with an even closer view of a
distinct point of interest (rather than a vista).
Many existing sites only provide scopes usable from a standing
position. This does not accommodate the needs of people using
wheelchairs, children, or people of shorter stature. The committee made
specific mention of children when discussing scopes, based on
experiences of having to lift children to use scopes. Lifting may not
be possible for people with back difficulty or insufficient strength.
T213 Benches
Section T213.2.1 requires that where only one bench is provided,
the bench must be accessible. The committee felt that it was important
that where only a single bench is provided, it must be usable by all
visitors. This is generally consistent with the Architectural Barriers
Act Accessibility Guidelines and with the other elements of this
section. The single bench must have at least one armrest to facilitate
its use.
The committee recognized that benches, when provided, are key
elements in many outdoor settings, such as picnic areas or day use
areas. They are used for a variety of purposes, including places of
rest or relaxation, meeting spots, and places from which to view events
such as sporting activities. Whatever the use, the committee determined
that the bench or benches, where provided, should be accessible.
However, benches that are part of an assembly area are not addressed
and are not required to meet these provisions.
Section T213.2.2 requires that where multiple fixed benches are
placed in an area, at least 50 percent must be accessible. This assures
the visitor that there will be at least one bench available which is
accessible. Further, of the benches that are required to be accessible,
50 percent must provide an armrest. The committee felt that visitors
should be provided with a choice of bench configurations that will
accommodate different needs. An armrest provides support when occupying
the bench and assists in transfer to or from the bench.
Section T213.3 requires dispersal of accessible benches. This
provision does not require an increase in the total number of
accessible benches. The dispersion of accessible benches throughout an
area provides for a variety of settings and is consistent with other
provisions in the Architectural Barriers Act Accessibility Guidelines.
T214 Utility Sinks
A utility sink is a sink that has a vertical dimension deeper
within the confines of the sink than a standard lavatory basin, and
allows the user of a picnic area or campground setting to clean large
pots or equipment.
Section T214.1 requires that where utility sinks are provided, at
least 5 percent, but not less than one, must be accessible.
T215 Mobility Device Storage Facilities
The committee addressed the need for storage space for mobility
devices primarily where an individual using a wheelchair or other
mobility device must transfer to another device or vehicle in order to
take advantage of the services or programs offered at the outdoor
facility. A ski facility where individuals may use an adaptive ski to
participate, is an example where this type of element may be provided.
The committee believed that where storage facilities are provided to
protect from environmental effects or theft or vandalism, at least one
storage facility must comply with T315.
T216 Pit Toilets
Pit toilets are very primitive outhouses, and may consist simply of
holes dug in the ground covered by a toilet riser. The riser may or may
not be surrounded by walls and a roof. Pit toilets are generally
located in remote, undeveloped areas, and are provided primarily for
resource protection rather than visitor convenience and comfort. Pit
toilets may be permanent installations, or may be moved from one
location to another as the hole is filled. These provisions apply to
fixed pit toilets.
Section T216.1 requires each fixed pit toilet to be accessible,
since usually only one pit toilet is provided in an area. This scoping
is consistent with what would be required for other individually
occurring elements.
T217 Utilities
Section T217.1 requires utilities such as electric, water, sewage,
and other similar types of utilities serving accessible elements or
spaces to also be accessible.
T218 Camping
Section T218.2 requires camping spaces (e.g., recreational camping
vehicle or trailer spaces, tent camping spaces, camping shelters, or
tent pads and tent platforms), where provided, to be accessible in
accordance with Table T218.2. Table T218.2 provides the number of
accessible camping spaces and is based on the total number of spaces
provided.
Modifications were made to the existing transient lodging scoping
in the Architectural Barriers Act Accessibility Guidelines to create
higher numbers of accessible camping spaces in the low range and more
accessible campsites in each of the three basic camping styles. Each
camping style category must achieve the proper scoping independently of
the others.
The proposed scoping provisions require higher accessibility where
lower numbers of features are provided. This was extensively debated
among committee members and is intended to address the higher
probability of utilization where low numbers of elements are provided.
As an example, the chance of two picnic tables being occupied at the
same time and place is much higher than five picnic tables being
occupied at the same time, even though the demand may increase
[[Page 34084]]
proportionately to the number of tables offered.
This section divides campsites into three categories: Recreational
Camping Vehicle or Trailer Spaces, Tent Spaces, and Camping Shelters
and Additional Campground Spaces. Campsite use requires specific
equipment and a specially designed area may not be suitable for every
use. For example, if someone comes prepared to use a tent, they may not
be able to use a paved recreational camping vehicle site.
Section T218.2 also addresses other camping elements provided in
accessible camping spaces. To ensure usability, all elements that are
provided as a part of an accessible campsite must meet the applicable
provisions of Chapters T2 and T3. All elements provided in accessible
campsites must be accessible.
Section T218.2.1 requires recreational vehicle spaces or trailer
spaces to comply with Table T218.2. An exception is included where
camping spaces are designed for both tent camping and recreational
camping vehicle or camping trailer use. In this case, at least 50
percent of the accessible multi-use spaces must be 20 feet wide minimum
and the remainder are permitted to be reduced to 16 feet wide minimum.
Section T218.2.2 requires that where camping spaces are designed
for use for tent camping and camping shelters, accessible tent and
camping shelter spaces shall comply with T318.2.2, T318.2.4, and
T318.3.
Section T218.3 addresses general use parking areas. Where
recreational camping vehicle spaces or trailer spaces are provided, at
least one must comply with T318.2.3 and T318.2.4. Accessible
recreational camping vehicle spaces or trailer spaces in general
parking areas are necessary to accommodate short-term parking needs.
The exception separates campsite parking from general parking. This
requirement provides a special recreational camping vehicle parking
space in addition to the current Architectural Barriers Act
Accessibility Guideline scoping for parking areas.
T219 Warming Huts
Section T219.1 requires each warming hut to have a turning space
that complies with T402. Where doors are provided, they must comply
with T408.
T220 Outdoor Rinsing Showers
Section T220 addresses outdoor rinsing showers. The committee
recognized that provisions for shower stalls already existed. However,
the provisions are clearly intended for indoor facilities. Some
provisions (grab bars and a seat) may not be applicable for an outdoor
shower stall or rinsing shower typically found at a beach or at camping
facilities. Outdoor rinsing showers are not typically designed with
walls like other showers in the built environment. Therefore, the
committee recommended that specifications for an outdoor shower be
developed. In order to distinguish this type of shower from those
already addressed, the committee used the term ``outdoor rinsing
shower''. An advisory note has been added to further identify what is
considered a rinsing shower.
Section T220.2 addresses the minimum number of accessible outdoor
rinsing showers. The committee examined several ways to scope showers,
considering a percentage formula, a chart similar to parking or
telephones, and a minimum number. Because the committee ultimately
recommended two types of outdoor rinsing showers, a low and high
version, the committee recommended that a minimum number, one of each
type, be accessible where rinsing showers are provided. If only one is
provided, it must be a dual shower.
T221 Signs
Section T221.1 requires signs on accessible trails and trail
segments to be designated with a symbol at the trail head or designated
access points.
Section T221.2 requires signs on accessible campsites by using the
International Symbol of Accessibility (ISA). Identification of
accessible campsites by the ISA was determined to be necessary where
campsite occupancy and site selection is made by users and is based on
a first come, first served basis. To accommodate campground operations
that assign sites either through a reservation service or upon arrival,
the ISA is not required and an exception is provided to accommodate
this distinction. It was determined that site assignment would create
better utilization of accessible sites than the use of ISA signage.
Signage is also not required where all sites are accessible.
T222 Protruding Objects
Section T222.1 requires protruding objects on trails, outdoor
recreation access routes, and beach access routes to comply with T405
and to have 80 inches minimum clear head room.
Chapter T3 Technical Provisions
Chapter T3 contains technical provisions for features required to
be accessible in Chapter T2.
T302 Conditions for Exceptions
Section T302 sets out four conditions under which exceptions from
certain technical provisions are permitted. Each technical provision
must be examined individually to determine whether an exception from
that provision is permitted. This section does not provide an overall
exemption of the entire trail or outdoor element. When an exception is
permitted, the proposed guidelines specifically provide an exception to
the respective technical provision. This is essential as the outdoor
environment is very different than a constructed indoor environment.
Factors which influence the ability to provide fully accessible
facilities such as soil, surrounding vegetation, hydrology, terrain,
and surface characteristics, are fundamental to the outdoor area. Where
trails are concerned, the committee recognized that without the
opportunity to permit exceptions from the technical provisions,
compliance may significantly alter the nature of the outdoor
experience.
The conditions in T302 do not obviate or limit in any way the
obligation to comply with the technical provisions in Chapter T3 at any
point where the conditions do not apply. When the condition for an
exception no longer exists, the technical provisions apply. For
example, the clear width of a trail tread may be reduced because of a
significant natural feature. Once the trail passes this feature, the
technical provisions for width shall apply. This approach also applies
when designing certain outdoor elements also included in this section.
The conditions that permit exception from specific technical provisions
are described below.
Condition 1. Compliance Would Cause Substantial Harm to Cultural,
Historic, Religious, or Significant Natural Features or Characteristics
A significant natural feature may include a large rock, outcrop,
tree, or a water feature which would block or interfere with trail
construction or would be directly or indirectly altered or destroyed by
construction of the trail to the extent that the trail could not, at
that point, be made accessible. This includes areas protected under
Federal or State laws, such as areas with threatened or endangered
species or designated wetlands that could be threatened or destroyed by
full compliance with the technical provisions. It also includes areas
where compliance would directly or indirectly substantially harm
natural habitat or vegetation.
[[Page 34085]]
Significant cultural features include areas such as archaeological
sites, sacred lands, burial grounds and cemeteries, and Indian tribal
protected sites. Significant historical features include properties on
or eligible for the National Register of Historic Places or other
places of recognized historic value. Significant religious features
include Indian sacred sites and other properties designated or held
sacred by an organized religious belief or church.
Condition 2. Compliance Would Substantially Alter the Nature of the
Setting or the Purpose of the Facility, or Portion of the Facility
This condition includes trails intended to provide a rugged
experience such as a cross country training trail with a steep grade or
a challenge course with abrupt and severe changes in level. If these
types of trails were flattened out or otherwise constructed to comply
with the technical provisions for accessible trails, they would not
provide the intended and desired level of challenge and difficulty to
users. Trails that traverse over boulders and rocky outcrops, are
another example. The purpose of such trails is to provide people with
the opportunity to climb the rocks. To remove the obstacles along the
way or reroute the trail around the rocks would destroy the purpose of
the trail. The nature of the setting may also be compromised by actions
such as widening a trail through the use of imported surfaces in a
remote location or removing ground vegetation in meadows or alpine
areas.
Trails and other outdoor elements such as picnic and camping areas
are designed to provide a particular opportunity for the user.
Throughout the discussions regarding these outdoor elements, many
committee members were concerned that complying with the technical
provisions could change the nature of some recreation opportunities.
Further, compliance could negatively impact the unique characteristics
of the natural setting, the reasons why people choose to recreate in
the outdoors rather than an indoor environment. People using primitive
trails or camping areas, for example, often experience the outdoor
environment in a more natural state with limited or no development.
Evidence of manufactured building materials or engineered construction
techniques in such a setting can change its primitive character, and
therefore, the user's experience. In these settings, people are
generally looking for a higher degree of challenge and risk where they
can use their outdoors and survival skills. Compliance with the
technical provisions, particularly those related to surface and
obstacles, could destroy the ``natural'' or ``undeveloped'' nature of
the setting. This condition addresses these concerns.
Condition 3. Compliance Would Require Construction Methods or Materials
That Are Prohibited by Federal, State, or Local Regulations or Statutes
Federally designated and some State designated Wilderness Areas
prohibit use of mechanized equipment, limiting construction methods to
hand tools. Imported materials may be prohibited in order to maintain
the integrity of the natural ecosystem. Construction methods and
materials employed in designated wetlands or coastal areas are also
strictly limited. For traditional, historic, or other reasons, many
trails are built using only the native soil for surfacing, which may
not be firm and stable. Federal statutes such as the Wilderness Act and
the Endangered Species Act, and State and local statutes often impose
restrictions to protect or address environmental concerns. Many aquatic
features are protected under Federal or State laws. Some constructed
water crossings, which would be required to provide accessibility, may
not be permitted under certain laws or regulations.
``Local regulations and statutes'' have been included to address
conditions where ``conservation easements'' or ``development rights''
programs have prohibited or restricted construction methods and
practices. For example, where land is purchased from farms, certain use
restrictions may prohibit the importation of surfacing. On the other
hand, local regulations or statutes may not be developed or initiated
with the sole purpose of prohibiting use by people with disabilities.
For example, initiating a new local regulation that arbitrarily
restricts trail width to a dimension that would not allow passage of
wheelchairs or other mobility devices from accessing a trail, is not
permitted under this condition.
Condition 4. Compliance Would Not Be Feasible Due to Terrain or the
Prevailing Construction Practices
Complying with the technical provisions, particularly running
slope, in areas of steep terrain may require extensive cuts or fills
that would be difficult to construct and maintain, or cause drainage
and erosion problems. Also, in order to construct a trail on some steep
slopes, a trail may become significantly longer causing a much greater
impact on the environment. Certain soils are highly susceptible to
erosion. Other soils expand and contract along with water content. If
compliance requires techniques that conflict with the natural drainage
or existing soil, the trail would be difficult, if not impossible to
maintain. This condition may also apply where construction methods for
particularly difficult terrain or the presence of an obstacle would
require the use of equipment other than that typically used throughout
the length of the trail. One example is requiring the use of a
bulldozer to remove a rock outcropping when hand tools are commonly
used.
Several of these conditions for departures are consistent with
other exceptions for trails. For example, it may be impracticable in
new construction to follow these provisions where soil and terrain pose
obstacles which cannot be remedied. Compliance with the provision for a
firm and stable surface might conflict with the prevailing construction
practices by requiring the importation of a new surfacing material that
would otherwise not have been used. For example, if the prevailing
construction practices would not include the importation of a new
surface material and the natural surface material could not be made
firm and stable, the trail may not be able to comply with that specific
provision.
The term ``not feasible'' is used in this situation to specify what
is ``reasonably doable''. It does not refer to the technical
feasibility or possibility of full compliance with the technical
provisions. For example, it may be feasible to provide a trail with a
1:20 slope or less up a 1,500 foot tall mountain using heavy
construction equipment, but the trail would be at least 5.8 miles long
(rather than 2 miles long under a traditional back-country layout), and
may cause inappropriate environmental and visual impacts. The intent of
this conditional departure is to recognize that the effort and
resources required to comply would not be disproportionately high
relative to the level of access created. Although technically feasible,
the effort and resources required are not ``reasonable.''
Trail construction practices vary greatly, from the use of
volunteer labor and hand tools, to professional construction with
heavy, mechanized equipment. For alterations to an existing trail, the
``prevailing construction practices'' are defined as the methods
typically used for construction or maintenance of the trail. For new
trails, it is recognized that the land manager determines the
construction practices to be used on each trail. However, the choice of
construction practices is primarily determined by the available
resources (e.g., machinery, skilled
[[Page 34086]]
operators, finances) and the environmental conditions (e.g., soil type
and depth, vegetation, natural slope). The intent of this condition is
to ensure that compliance with the technical provisions does not
require the use of construction practices which are above and beyond
the skills and resources of the trail building organization. It is not
intended to automatically exempt a trail from the technical provisions
simply because of a particular construction practice, (e.g., the use of
hand tools or to suggest that hand tools should be used to avoid
compliance) when more expedient methods and resources are available.
Where specified, the presence of the conditions in T302 may also
prevent full compliance with some of the technical provisions for
elements in picnic, camping, and beach facilities. While the conditions
for departures may be more limited with these outdoor elements, the
committee included the option for exceptions based on the conditions in
several provisions. In most cases, these are limited to technical
provisions for clear floor or ground space, surface slope, and
accessible surfacing.
Where designers or operators apply an exception from a specific
technical provision because of one or more of the conditions, the other
technical provisions should be applied. For example, a significant
cultural feature may prohibit a 36 inch trail tread width. However, all
other provisions could be met because they would not be affected by the
condition.
T303 Trails
T303.2 General Exceptions
The committee realized that there may be situations where the
combination of factors and conditions may make it impractical to make
the entire portion of the trail accessible according to the technical
provisions. Two general exceptions in section T303.2 were developed to
address these situations. First, where one or more of the conditions in
T302 applies and where one or more of the conditions in this general
exception applies, the trail is not required to be accessible after the
first point of departure. The segment of the trail between the
designated trailhead and the first point of departure is required to be
accessible unless the trail segment is 500 feet or less in length. If
the trail segment connects to a prominent feature less than 500 feet
from the designated trailhead, it is required to be accessible between
the trailhead and the prominent feature. The general exceptions are
based on these conditions:
The combination of running slope and cross slope exceeds
40 percent for over 20 feet; or,
A trail obstacle 30 inches or more in height is across the
full tread width of the trail; or,
The surface is neither firm nor stable for a distance of
45 feet or more; or,
A clear trail width is less than 12 inches for a distance
of 20 feet or more; or
The trail is not required to comply with any of the
technical provisions in T303 for more than 15 percent of the length of
the trail.
The 15 percent threshold in the last condition is a compromise,
negotiated to balance the resources and environmental impact with the
practicality of providing meaningful access on trails. The committee
recommends that trail designers and managers attempt compliance with
all technical provisions throughout the full length of the trail.
Section T303.3 requires the surface of accessible trails to be firm
and stable. The ``slip resistance'' requirement typically required for
accessible surfaces was not included because slip resistance cannot be
guaranteed in an outdoor environment. Weather conditions (rain, snow,
or ice) will affect slip resistance. For example, natural or non-
hardened surfaces may not be slip resistant. Slip resistance may also
be difficult to control when leaves and other surface debris caused by
natural erosion accumulate on the surface.
The means and materials used to establish accessible exterior
surfaces are plentiful. Crushed stone, fine, packed soil, and other
natural materials can provide a firm and stable surface. Natural
materials bonded with synthetic materials can provide the required
degree of stability and firmness. An advisory has been added to provide
additional information concerning accessible exterior surfaces. An
exception is permitted from this provision where one or more of the
conditions in T302 exist.
Section T303.4 requires the clear trail tread width to be 36 inches
minimum. Exception 1 permits the clear trail tread width to be reduced
to 32 inches minimum where one of the conditions in T302 applies.
Exception 2 permits departures from T303.4 where a 32 inch minimum
width cannot be provided because one of the four conditions in T302
exists.
Section T303.5 requires openings in trail surfaces to be of a size
that does not permit the passage of a \1/2\ inch diameter sphere.
Elongated openings must be placed so that the long dimension is
perpendicular or diagonal to the dominant direction of travel.
Exception 1 permits elongated openings to be parallel to the dominant
direction of travel where the opening does not permit passage of a \1/
4\ inch diameter sphere. This is necessary to allow trail managers to
place boards lengthwise along a boardwalk trail to reduce the
environmental impact such as on a wetland area. Exception 2 permits
openings that do not permit passage of a \3/4\ inch diameter sphere
where at least one of the conditions in T302 applies. Exception 3
exempts trails from the provisions of T303.5 where openings that do not
permit passage of a \3/4\ inch diameter sphere are not feasible because
at least one of the four conditions in T302 apply.
A \3/4\ inch spacing is permitted through an exception since many
trails use wood plank decking or boardwalks to cross wet, sandy, rocky,
or environmentally sensitive areas. The planks expand and contract
because of weather conditions. The boardwalks may need more than \1/2\
inch spacing between the planks to permit expansion and to allow water
to drain.
Section T303.6 requires that any tread obstacles shall not exceed 2
inches maximum in height. Exception 1 permits a 3 inch obstacle where
the running and cross slopes are 1:20 or less. Exception 2 permits
obstacles greater than 3 inches where at least one of the conditions in
T302 applies. The committee recognized that natural features such as
rocks, roots, and ruts may require a greater obstacle height than what
is permitted in the indoor environment. Some wheelchairs used in an
outdoor environment are designed to handle obstacles of these heights.
However, trails used by bicyclists or in-line skaters or which serve as
alternate transportation routes for sidewalks should be smooth with no
abrupt changes in level.
Section T303.7 requires passing space where the clear tread width
of the trail is less than 60 inches. Passing space is required at
intervals of 1,000 feet maximum. Either a T-shape or a turning circle
is permitted. An advisory states that the passing space may be located
to one side of the trail. An exception is permitted from this provision
where passing space cannot be provided because at least one of the four
conditions in T302 exists.
The committee negotiated various intervals for passing space,
ranging from 200 feet to no requirement. Those favoring longer
intervals or no requirement explained that the outdoor
[[Page 34087]]
environment often allows users to move off the trail tread without
involving trail construction (as opposed to being restricted by walls
within a building). There was concern about having an unrealistic
construction requirement in a natural setting, and concern that
requiring a constructed passing space at more frequent intervals may be
unnecessary where few users are on a trail at the same time. An
advisory is added recommending that trails expected to have high use
and trails with long sections where it is not possible to move off the
trailhead (e.g., boardwalks in a wetland) should consider more frequent
passing spaces, especially close to the trailhead.
Section T303.8 addresses both the cross slope and the running slope
of a trail. This provision was the result of significant compromise
among committee members. Exception 1 addresses open drainage
structures. For open drainage structures, a running slope of 14 percent
is permitted for 5 feet maximum with a cross slope of 1:20 maximum.
Cross slope is permitted to be 1:10 at the bottom of the open drain,
where the clear tread width is 42 inches minimum. Exception 2 exempts
trails from T303.8 where one or more of the conditions of T302 exist.
Section T303.8.1 requires that the maximum cross slope of trail
segments not exceed 1:20. Committee members recognized that cross
slopes, or the side-to-side slope of a trail, can be difficult to
traverse. At the same time, trails need to be designed to provide
sufficient drainage to prevent ponding and water damage to the trail.
Non-paved surfaces generally require more than a minimum of 1:50 cross
slope.
Section T303.8.2 addresses the maximum running slope of trail
segments. Section T303.8.2 permits no more than 30 percent of the total
trail length to exceed a 1:12 slope. The committee debated various
slope ratios for this provision. Committee members advocating steeper
slopes were concerned that requiring unrealistic slopes in natural
areas could significantly alter the natural terrain. Members advocating
less slopes were concerned that steeper slopes would not be accessible,
and could be a potential safety hazard.
This section requires that trails comply with one or more of four
separate provisions. Designers may choose which provision to apply.
Section T303.8.2.1 permits a running slope at 1:20 or less for any
distance. Section T303.8.2.2 permits a running slope of 1:12 maximum
for 200 feet maximum. Resting intervals must be provided at distances
no greater than 200 feet apart. Section T303.8.2.3 permits the running
slope to be 1:10 maximum for 30 feet maximum. Resting intervals must be
provided at distances no greater than 30 feet apart. Section T303.8.2.4
permits the running slope to be 1:8 maximum for 10 feet maximum.
Resting intervals must be provided at distances no greater than 10 feet
apart.
Because the terrain in outdoor environments is often steep, the
committee realized that applying slope and ramp requirements was not
feasible. The proposed running slopes and maximum distances represent a
compromise and balances accessibility with the constraints imposed by
natural topography.
Question 19: Section T303.8 permits departure from the technical
provisions for cross slope with open drainage structures. A cross slope
up to 10 percent is permitted at the bottom of the open drain where the
clear tread width is 42 inches minimum. Are open drainage structures
the only drainage structures where cross slopes up to 10 percent should
be permitted? If not, what other areas should be identified?
The committee believed that handrails should not be required on
trails, since handrails are impractical in this environment. In
addition, steeper grades on trails are usually contiguous with the
surrounding terrain rather than elevated above it as with a ramp to a
building. Instead, the committee limited the length of steep portions
of trail segments and required resting intervals.
Section T303.9 requires resting intervals to be 60 inches in length
to accommodate wheelchair users and at least as wide as the widest
portion of the trail segment leading to the resting interval. The slope
of the resting interval must not exceed 1:20 in any direction. An
advisory recommends that the resting interval may be located to one
side of the trail to allow other users to pass. An exception exempts
trails from this technical provision where one of the conditions in
T302 exists.
Section T303.10 does not require edge protection on accessible
trails. However, where edge protection is provided, the height must be
a minimum of 3 inches. Natural trail surfaces are likely to have
variations in the trail surface, and a 2 inch edge protection may not
be obvious or detectable in the outdoor environment. In the outdoor
environment, many people with limited vision who use canes will search
higher than in an indoor environment to distinguish between the edge
and variations within the trail.
T304 Outdoor Recreation Access Routes
Section T304.2 requires the surface of an outdoor recreation access
route to be firm and stable. This is consistent with the surface
provision proposed for trails and other outdoor elements.
Section T304.3 requires the clear tread width of the outdoor
recreation access route to be 36 inches minimum. An exception permits
the width to be the minimum necessary or 32 inches for a distance of 24
inches where one or more of the conditions in T302 exist.
Section T304.4 addresses openings and does not permit passage of a
\1/2\ inch diameter sphere. Elongated openings must be placed so that
the long dimension is perpendicular or diagonal to the dominant
direction of travel. An exception permits the openings to run parallel
so long as the opening does not permit passage of \1/4\ inch diameter
sphere.
Section T304.5 requires that tread obstacles not exceed 1 inch high
maximum. An exception permits a 2 inch high obstacle where it is
beveled and where at least one of the conditions in T302 applies. Tread
obstacles may occur where surface materials changes such as asphalt
surfaces leading up to a concrete slab.
Section T304.6 requires passing space where the clear width of the
outdoor recreation access route is less than 60 inches. Passing space
is required at intervals of 200 feet maximum. Committee members
determined that outdoor recreation access routes were more like an
indoor accessible route than a trail. The passing space must be either
a 60 inch by 60 inch space or an intersection of two walking surfaces
which provide a T-shaped space complying with T402.1.2, provided that
the arms and stem of the T-shaped space extend at least 48 inches
beyond the intersection. An exception permits the passing spaces to be
at intervals not to exceed 300 feet. This was added to address settings
where it may not be possible to provide passing space within a 200 foot
minimum interval, such as environmentally sensitive areas.
Section T304.7.1 addresses the cross slope of an outdoor recreation
access route and permits a 1:33 maximum cross slope. An exception
permits a 1:20 cross slope where necessary to ensure proper drainage.
Natural or naturally appearing surfaces often require greater than 1:50
cross slopes to ensure proper drainage. Committee members agreed that
water ponding on an outdoor recreation access route may make the route
inaccessible; therefore, a greater cross slope is proposed.
[[Page 34088]]
Section T304.7.2 addresses running slope. Designers have a choice
of applying one or more of the technical provisions in this section.
Section T304.7.2.1 permits the running slope to be 1:20 or less for any
distance. Section T304.7.2.2 permits the running slope to be 1:12
maximum for 50 feet maximum. Resting intervals must be provided at
distances no greater than 50 feet apart. Section T304.7.2.3 permits the
running slope to be 1:10 maximum for 30 feet maximum. Resting intervals
must be provided at distances no greater than 30 feet apart.
Question 20: The committee was unable to decide whether there
should be exceptions from the technical provisions for outdoor
recreation access routes based on the conditions in T302. Currently,
departures from the technical provisions are permitted for specific
elements, (e.g., picnic tables, camp sites) but not for the outdoor
recreation access routes that connect those elements. Should exceptions
be permitted for specific elements on the outdoor recreation access
routes leading to those elements?
Question 21: The committee also discussed potential exceptions from
the provisions for slope on an outdoor recreation access route,
unrelated to whether the elements themselves complied with the
technical provisions. The committee considered two options. One option
provided a maximum for the total length of the outdoor recreation
access route that could exceed a 1:12 slope. The committee considered
that either 10 percent or 15 percent of the total length of the outdoor
recreation access route could exceed a 1:12 slope. The second option
was to apply the conditions in T302 to the technical provisions for the
slope of an outdoor recreation access route. Comment is requested on
this issue.
Section T304.8 requires resting intervals to be 60 inches minimum
in length and have a width at least as wide as the route connecting it.
The slope must not exceed 1:33 in any direction. Where the surface
conditions require slopes greater than 1:33 for proper drainage, a 1:20
slope is permitted.
Section T304.9 requires edge protection, where provided, to be 3
inches minimum in height. This is consistent with the proposed
provision for trails.
T305 Beach Access Routes
Section T305.2 requires the surface of the required beach access
route to be firm and stable. Given the existence of loose material
natural to a beach environment such as sand, algae, and barnacles, the
committee decided that slip resistance is not an appropriate
requirement for a beach access route. This is consistent with the
provisions for other outdoor routes. Where a temporary route is
provided, it must also be firm and stable.
Section T305.3 requires that a beach access route extend to the
high tide level, mean river bed level, or the normal recreation water
level. The committee believed that different lines of demarcation would
vary depending upon the location of the beach. The committee selected
the high tide level for coastal beach, the mean river bed level for
river beaches, and the normal recreation water level for lakes and
reservoirs. Beach access to the water will vary considerably between
geographic locations because the tidal difference between high and low
tides varies from place to place. For example, a beach in Alaska may
experience tidal differences of tens or even hundreds of feet; beaches
in Florida will have much smaller differences between low and high
tides. The high tide mark is a reasonable location to terminate
permanent structures as built facilities; below this point it is much
more likely to wash out. The mean river bed level and the normal
recreation water level are comparable for rivers and lakes,
respectively.
Question 22: Comment is sought on the appropriateness of these
markers and the ability to determine those levels at most beaches.
Question 23: The committee did not require a beach access route to
extend beyond the high tide level, mean river bed level, or normal
recreation water level. Comment is sought on what technical
specifications should be required, if any, if an entity decides to
provide the route into the water? Should the technical provisions for
sloped entry into pools be applied in these cases?
Section T305.4 requires the clear tread width of the beach access
route to be 36 inches minimum. This requirement is consistent with the
proposed technical requirement for the clear tread width of trails and
outdoor recreation access routes. Unlike other requirements for the
clear width of trails and outdoor recreation access routes, no
reduction in width is permitted. Since the beach access route will most
likely be adjacent to sand, maintaining the 36 inch width is critical
to avoid being caught off the path on a nontraversable sandy surface.
The need for additional space for passing and resting has been included
in other provisions.
Section T305.5 requires openings in the surfaces of the beach
access route to be of a size that does not permit passage of a \1/2\
inch diameter sphere. Elongated openings must be placed so that the
long dimension is perpendicular or diagonal to the dominant direction
of travel. This is consistent with the Architectural Barriers Act
Accessibility Guidelines and the proposed technical provisions for
outdoor recreation access routes. An exception permits the elongated
openings to run parallel to the dominant direction of travel where the
opening does not permit passage of a \1/4\ inch sphere.
Section T305.6 limits the obstacles in the beach access route to be
1 inch high maximum. This departs from the Architectural Barriers Act
Accessibility Guidelines but is consistent with the proposed technical
requirements for tread obstacles for an outdoor recreation access route
and is necessary due to the uniqueness of the outdoor environment.
Section T305.7 requires passing space. Where the clear width of the
beach access route is less than 60 inches, passing space must be
provided at intervals of 200 feet. Passing space shall be either a 60
inch by 60 inch minimum space or an intersection of two walking
surfaces which provides a T-shaped space complying with T402.1.2,
provided that the arms and stem of the T-shaped space extend at least
48 inches beyond the intersection. This is consistent with the
technical provisions for passing spaces on an outdoor recreation access
route.
Section T305.8 requires a turning space or resting space at the end
of the beach access route or at the high tide level, mean river bed
level, or normal recreation water level. Turning space must not overlap
the beach access route and must be either a 60 inch minimum by 60 inch
minimum space, or an intersection of two walking surfaces which provide
a T-shaped space complying with T402.1.2 provided that the arms and
stem of the T-shaped space extend at least 48 inches beyond the
intersection.
A resting or turning space allows a person with a disability to be
out of the route of travel, to leave their wheelchair while
transferring into a beach terrain vehicle, or simply to wait in a place
outside the flow of traffic. The location of this resting or turning
space should be in an area which is dry. If the route extends further
than the minimum distance required, the resting or turning space may be
placed at the end of the beach access route, although the location may
not always remain dry.
Section T305.9 addresses the cross slope and running slope of beach
access routes. Section T305.9.1 requires the maximum cross slope of a
beach access route to not exceed 1:33. An exception permits cross
slopes of 1:20 maximum
[[Page 34089]]
for drainage. This is consistent with the proposed technical
requirements for cross slope of an outdoor recreation access route and
is necessary for drainage in the outdoor environment.
Section T305.9.2 addresses running slope. Designers have a choice
of applying one or more of the technical provisions in this section.
Section T305.9.2.1 permits running slope to be 1:20 or less for any
distance. Section T305.9.2.2 permits the running slope to be 1:12
maximum for 50 feet maximum. Resting intervals must be provided at
distances no greater than 50 feet apart. Section T305.9.2.3 permits the
running slope to be 1:10 maximum for 30 feet maximum. Resting intervals
must be provided at distances no greater than 30 feet apart. The
rationale for requiring a resting interval is the same as for trails or
outdoor recreation access routes. The running slope provisions are the
same as those for an outdoor recreation access route.
Section T305.10 requires edge protection where drop-offs from the
beach access route to the beach are 6 inches or higher. The edge
protection includes curbs, walls, or projecting surfaces that prevent
people from falling off the route. Edge protection must be a minimum of
2 inches high. If the drop-off is greater than 1 inch, but less than 6
inches, then the edge must be beveled. While a raised edge may be
considered a tripping hazard in some instances, the committee
recognized that in some locations, an elevated route such as that
created by a boardwalk might necessitate a raised edge for safety.
Where these locations occur, the elevation of the route is already an
impediment to the perpendicular traffic and the addition of edge
protection would not create any more of a tripping hazard than that
already created by the elevated route itself. Therefore, the committee
recommended that those elevated routes, defined as 6 inches or more
above the beach surface, have a requirement for edge protection
equivalent to the edge protection requirement in the Architectural
Barriers Act Accessibility Guidelines for ramps. If the height of the
route is greater than 1 inch but less than 6 inches, the committee felt
that edge protection was not required, although the edge should be
beveled. If the height of the route is 1 inch or less, then there is no
requirement for beveling, as an inch or less elevation is virtually a
flat route and is reasonable to expect in a beach environment given the
shifting of sand.
T306 Picnic Tables
Section T306.2 addresses the technical provisions for wheelchair
spaces. Each wheelchair space must provide knee space of at least 30
inches wide, 19 inches deep, and 27 inches from the ground or floor to
the bottom of the table top. This provision is different from the
Architectural Barriers Act Accessibility Guidelines in that it also
requires a toe clearance of 9 inches above the ground or floor
extending for a total depth of 24 inches. This is an additional 5
inches minimum beyond the 19-inch knee space depth. This ensures that
adequate toe clearance is provided at tables that have a solid leg at
each end (rather than an A-shape frame or individual legs). A 19-inch
deep space at the end of a solid leg table would not allow a person
using a wheelchair to be sufficiently close to the table.
Section T306.3 addresses table clearance. This provision requires a
36-inch wide minimum clear floor or ground space surrounding the usable
portions of a table, measured from the back edge of the seat, or the
back edge of the table if no seat is provided.
Tables placed in buildings are generally expected to have ample
space for moving around. This is not always the case where picnic
tables are located in an outdoor environment. For that reason, the
committee recommended a minimum clear floor or ground space that would
provide maneuvering room beyond the accessible seating space to all
usable portions of a table to allow for movement around the table.
Section T306.4 addresses clear spaces. Section T306.4.1 requires
the surface of the clear floor or ground space and the wheelchair space
to be firm and stable. Slip resistance is not required because of the
tree leaves and needles, duff (partly decayed organic material on the
forest floor), mud, snow, and ice that often cover outdoor areas.
Exception 1 permits an exception from this requirement where at least
one of the conditions of T302 applies.
Section T306.4.2 requires slopes of the required clear floor or
ground spaces not to exceed 1:50 in any direction. Exceptions are
provided to address the unique aspects of the outdoor environment.
Natural and natural-appearing surfaces are often used in picnic areas.
A 1:50 slope on these surfaces may not be adequate to ensure proper
drainage. In these cases, exception 1 allows the slope in any direction
to be 1:33 maximum. Exception 2 states that this provision does not
have to be met where at least one of the conditions in section T302
applies.
T307 Fire Rings
Section T307.2 requires that a clear floor or ground space
extending a minimum of 48 inches deep by 48 inches wide be provided at
all usable portions of a fire ring. This clear floor or ground space
exceeds what is generally required in the Architectural Barriers Act
Accessibility Guidelines to allow both a forward and parallel approach
and to provide more space to move away from the heat. Exception 1
permits the clear floor or ground space to be reduced to no less than
36 inches deep by 36 inches wide when one of the conditions in T302
exists. A clear floor or ground space of less than 36 inches by 36
inches at accessible fire rings could pose a safety hazard to users. As
a result, no exception is provided to further reduce the clear floor or
ground space to less than 36 inches by 36 inches.
The surface and slope requirements of the clear spaces required by
T307.2 must comply with T306.4. Many of the elements included in this
rule share the same requirements for the surface and slope of clear
spaces. A discussion regarding this requirement is included in the
preamble discussion for T306.4.
Section T307.3 requires the fire surface height to be 9 inches
minimum above the ground or floor and is inconsistent with the
Architectural Barriers Act Accessibility Guidelines specifications for
a low side reach which is 15 inches.
Section T307.4 addresses raised edges around fire rings. Where a
raised edge or curb is provided around a fire ring, this provision
would require that the combined reach over the edge or curb and down to
the fire building surface must be 24 inches maximum.
T308 Cooking Surfaces, Grills, and Pedestal Grills
The surface and slope requirements of the clear spaces required by
T308.2 must comply with T306.4. Many of the elements included in this
rule share the same requirements for the surface and slope of clear
spaces. A discussion regarding this requirement is included in the
preamble discussion for T306.4.
Section T308.3 requires accessible cooking surfaces to be installed
between 15 inches and 34 inches above the ground or floor. This
provides a comfortable reach range for cooking.
Section T308.4 requires operating controls and mechanisms to comply
with T407.
[[Page 34090]]
T309 Fixed Trash and Recycling Containers
The surface and slope requirements of the clear spaces required by
T309.2 must comply with T306.4. Many of the elements included in this
rule share the same requirements for the surface and slope of clear
spaces. A discussion regarding this requirement is included in the
preamble discussion for T306.4. Section T309.3 requires operating
controls for the containers to comply with T407.2 and T407.3. However,
an exemption from this requirement is provided where the container has
a hinged, sliding, or other cover and is situated where it is subject
to large animal intrusion, thus dictating animal-resistant controls.
Current designs for controls and operating mechanisms preclude
providing secure storage of trash or recycled material from large
animals, and still meet the reach and operating force requirements of
T407.3.
T310 Wood Stoves and Fireplaces
The surface and slope requirements of the clear spaces required by
T310.2 must comply with T306.4. Many of the elements included in this
rule share the same requirements for the surface and slope of clear
spaces. A discussion regarding this requirement is included in the
preamble discussion for T306.4.
Section T310.2 requires that a clear floor or ground space 48
inches deep minimum and 48 inches wide minimum be provided from all
usable portions of the wood stove or fireplace. This is consistent with
space requirements for other elements in outdoor developed facilities,
such as fire rings and grills. The 48 inch requirement allows for a
front and side approach. The committee agreed that the extra space
required beyond 30 inches by 48 inches is warranted in this case where
safety is paramount. An exception is provided to reduce this
requirement to 36 inches minimum depth where one or more of the
conditions in section T302 exist.
Section T310.3 requires the controls for operation of wood stoves
and fireplaces to comply with T407.
Question 24: Are there controls and operating mechanisms available
for fireplaces that will meet the requirements of T407? If not, what
modifications will allow for most operating mechanisms of woodstoves
and fireplaces to meet this provision?
T311 Overlooks and Viewing Areas
Section T311.2 requires at least one turning space with a circular
or T-shaped space complying T402. The surface and slope requirements of
the turning spaces required by T311.2 must comply with T306.4. Many of
the elements included in this rule share the same requirements for the
surface and slope of clear spaces. A discussion regarding this
requirement is included in the preamble discussion for T306.4.
Section T311.3 requires that each location providing a viewing
opportunity to one or more distinct points of interest must have at
least one unrestricted viewing area for each viewing opportunity. The
committee felt that the attraction of a viewing area is to bring
persons to a place where they can enjoy all the aspects of the site and
persons with disabilities should have the opportunity to experience the
attraction. The committee determined that an arc extending from 32
inches minimum above the level surface of the viewing area to 51 inches
maximum above the surface would be sufficient to allow an unobstructed
view. Often the overlook or the viewing area has an adjacent drop-off
that would present a hazard to the user of the area. Safety barriers
are often installed (such as a guardrail, railing, or wall) to protect
the visitor from the edge and may block the view. This provision
requires an unobstructed view to the distinct point of interest. There
must be a means by which a field of view in the described arc is
obtained. Various designs or recommendations to manage this are
provided in the advisory, and include see-through panels in walls or
elevated platforms away from the guarded edge. A periscope complying
with T212.1 is also an option for a view over a barrier. This provision
does not apply where one of the conditions in T302 exists.
T312 Telescopes and Periscopes
Section T312.2 requires the surface conditions of the clear floor
or ground space adjacent to the telescope or periscope to be firm and
stable, and comply with the clear space requirement of T403. In the
interest of safety and the ability to use the elements in an unchanging
and balanced condition, a dependable surface condition is a necessity.
Section T312.2 also requires the slope of the required clear floor
or ground space to not exceed 1:50 in any direction, unless the surface
condition is such that drainage is a problem. Where drainage is of
concern, a 1:33 maximum slope is permitted. Drainage from the area
adjacent to the elements is essential to preserve the integrity of the
surface condition and to provide a comfortable location to use the
elements.
Section T312.3 requires the controls and operating mechanisms of
telescopes and periscopes to comply with T407.
Section T312.4 requires the eye piece to be usable from a seated
position so that each distinct point of interest is viewable. This will
provide the widest range of viewing opportunities, not only for seated
individuals but also for children. An advisory provides suggestions on
how to accomplish this. Options include an adjustable scope mount, a
swivel seat or installing an element that would allow for a high/low
option similar to what is offered for water fountains. The requirement
for use from the seated position is necessary for people using
wheelchairs and other mobility devices. The committee recognized that
this may also benefit children or individuals of short stature.
T313 Fixed Benches
Section T313.2 requires the surface and slope requirements of the
clear spaces to comply with T306.4. Many of the elements included in
this rule share the same requirements for the surface and slope of
clear spaces. A discussion regarding this requirement is included in
the preamble discussion for T306.4.
Section T313.2 also requires that clear spaces be located at one
end of the accessible bench, and not overlap other clear floor or
ground space requirements. The committee debated the location of the
clear floor or ground space, recognizing that many different
configurations could exist. The requirement of a clear floor or ground
space at one end without intruding into other clear floor or ground
spaces provides users with the same perspective as the occupant of the
bench, no matter which direction the bench is facing and avoids
obstructing the outdoor recreation access route. Shoulder-to-shoulder
alignment of the clear floor or ground space enhances the opportunity
for and ease of interaction or conversation with someone seated on the
bench.
Section T313.3 requires that the top of the seat surface be between
17 inches and 19 inches above the ground or floor space to facilitate
transfer. This provision is consistent with the Architectural Barriers
Act Accessibility Guidelines.
Section T313.4 addresses back support. Back support is required on
accessible benches and must extend the full length of the bench.
Section T313.5 addresses armrests. Where required by T213.2, at
least one armrest is required on a single bench. Section T213.2.2
requires armrests where multiple benches are provided. All armrests
must comply with T411.8. This will facilitate transfer to the bench
[[Page 34091]]
and provide support to maneuver to or from the bench seat.
T314 Utility Sinks
Section T314.2 requires a clear floor or ground space complying
with T403.1 to be provided at the sink for adequate reach and turning
space. Section T314.2 requires that the clear floor or ground space not
have a slope greater than 1:50. An exception permits the slope of the
clear floor or ground space to be 1:33 maximum to provide proper
drainage. Section T314.2 also requires that the surface of the clear
floor space be firm and stable.
Section T314.3 requires the height of the counter or rim to be 34
inches maximum above the floor or ground surface.
Section T314.4 requires the depth of the bowl to be 15 inches
minimum above the floor or ground surface. The committee recognized
that there may be some difficulty in providing a deep enough sink to
accomplish the purposes of cleaning larger pots or pans given current
reach range requirements. However, the committee believed that adhering
to the established reach ranges was important.
Section T314.5 requires operable parts of the sink to comply with
T407.
T315 Mobility Device Storage Facilities
Section T315.2 requires the surface and slope requirements of the
clear spaces to comply with T306.4. Many of the elements included in
this rule share the same requirements for the surface and slope of
clear spaces. A discussion regarding this requirement is included in
the preamble discussion for T306.4.
Section T315.3 requires that the size of the storage space be 38
inches minimum in height, 28 inches minimum in width and 40 inches
minimum in length. These dimensions are based on the space needed for a
collapsed standard adult wheelchair. The committee agreed that a
wheelchair would be the most commonly occurring device which would
require storage and based the requirements accordingly.
Section T315.4 requires controls and operating mechanisms for
accessible mobility storage facilities to comply with T407.
T316 Pit Toilets
Section T316.2 requires the surface and slope requirements of the
clear spaces to comply with T306.4. Many of the elements included in
this rule share the same requirements for the surface and slope of
clear spaces. A discussion regarding this requirement is included in
the preamble discussion for T306.4.
Section T316.2 also requires compliance T409. Where one of the
conditions in T302 applies, exception 1 permits the size of the clear
floor or ground space to be reduced to 48 inches by 48 inches. Where a
48 inch by 48 inch clear floor or ground space cannot be provided
because at least one of the conditions of T302 applies, exception 2
does not require compliance with T316.2.
Section T316.3 requires the height of the pit toilet seat to comply
with T409.4. No exceptions for the outdoor environment were necessary.
Section T316.4 requires grab bars complying with T411 only where
the pit toilets are provided with walls. Since many pit toilets consist
of a riser placed on the ground, the committee agreed that the
requirement for grab bars should only be triggered if a structure
surrounds the riser.
T317 Utilities
Section T317.2 requires the slopes of clear floor or ground spaces
at utilities to have a 1:50 maximum slope in any direction. Where
surface conditions require a slope greater than 1:50 for proper
drainage, an exception permits a 1:33 maximum slope. Section T317.2
also requires the surface of the clear floor or ground space to be firm
and stable.
Section T317.3 requires fixed water spouts to be located 28 inches
minimum to 36 inches maximum above the ground or floor surface and to
be centered at the edge of a 60 inch minimum by 60 inch minimum clear
floor or ground space.
Section 317.4 requires controls and operating mechanisms associated
with utilities to comply with T407. Exception 1 does not apply T407 to
sewage hookups. Exception 2 exempts hand pumps from T407.3. The
rationale for not requiring sewer hookups to meet height and reach
range provisions is based on their ground level location necessary for
gravity drainage. Most are foot drains or have a small handle at the
ground level to open the connection to the system.
T318 Camping Facilities
Section T318.2 addresses accessible camping space parking. Section
T318.2.1 requires accessible recreational camping vehicle or trailer
camping spaces to be 20 feet minimum in width. This was determined to
be necessary to accommodate existing equipment manufactured by the
recreational camping vehicle industry and lifts required to gain access
out of and into this equipment. The extra width associated with this
parking space is necessary to provide 3 feet of space on the driver's
side for access to utilities. The parking space is 9 feet to allow for
vehicle width and an 8 foot space on the passenger side for deployment
of a lift with room to exit conveniently. An exception permits one
space to be 16 feet minimum in width, where only two accessible parking
spaces are required. The exception allows a smaller parking pad (van
size) for the second accessible campsite. This deviation will limit the
impact on the environment and the user's experience.
Section T318.2.2 addresses tent camping spaces and camp shelter
spaces. Where parking is provided, a tent camping and camp shelter
parking space 16 feet wide is required and follows the Architectural
Barriers Act Accessibility Guidelines for van accessible parking spaces
which would accommodate the maximum size vehicle used for this type of
campsite. A ``camp shelter'' also includes cabin accommodations.
Section T318.2.3 requires recreation camping vehicle and trailer
parking spaces located in general use parking areas to be 12 feet
minimum wide and to have an adjacent access aisle of 8 feet extending
the full length of the parking space. The surface of the parking space
and access aisle must be firm and stable.
Section T318.2.4 requires that the slope of an accessible parking
space not exceed 1:50 in any direction. Where surface conditions
require a greater slope for proper drainage, an exception permits a
1:33 maximum slope.
Section T318.3 addresses tent pads and tent platforms. Section
T318.3.1 addresses clear space. A 48 inch clear space around the tent
pad is required to allow both side and front approach access to
assembling equipment. An exception allows the clear space to be reduced
to 36 inches where at least one of the conditions in T302 applies.
Section T318.3.2 requires the tent pad surface to be firm and
stable, consistent with other provisions in Chapters T2 and T3. An
exception is permitted where at least one of the four conditions
specified in T302 exist.
Section T318.3.3 requires that the slope of the tent pad or
platform not exceed 1:50 in any direction. An exception permits a 1:33
maximum slope where necessary for proper drainage.
Section T318.3.4 requires edge protection to be 3 inches minimum
where a raised tent platform is provided. The 3 inch minimum is
necessary to ensure visibility and to prevent wheelchairs and other
mobility devices from rolling off the raised platform.
[[Page 34092]]
Section T318.3.5 addresses the connection where a tent platform is
raised above grade to provide a level surface to pitch a tent. Access
is provided in a similar fashion to playground equipment by a transfer
system including a platform and transfer steps. The need for mobility
equipment on the platform surface was not deemed to be necessary for
use, as the surface area is the same size as the tent.
T319 Warming Huts
Section T319.1 requires warming huts to provide a turning space
that complies with T402 and if a door is provided that it comply with
T408.
T320 Outdoor Rinsing Showers
Section T320.2 addresses the requirement for clear space. A clear
space which would permit a front or parallel approach is necessary in
order to make the shower usable. For most elements, such as a telephone
or drinking fountain, a 30 inch by 48 inch clear floor space would
suffice. Committee members agreed that only providing a front approach
without a 5 foot turnaround space would not allow someone in a
wheelchair to turn 360 degrees to rinse off under all angles of the
water. For ease and convenience of use for people using wheelchairs,
the full turnaround space must be provided.
Section T320.2 also addresses the requirement for slope. The
committee recommended that the slope of the clear space not exceed 1:33
in all directions. This is consistent with recommendations by the
committee for other outdoor elements where drainage is a concern. Many
park maintenance managers indicated that a 1:20 slope is required for
the floors of outdoor showers to ensure proper drainage. The committee
believed that the increase to 1:33 would suffice and allow for a
reasonable tolerance.
Section T320.3 addresses the requirements for grab bars. Grab bars
are typically not found in outdoor showers, primarily because the
majority of the showers are free-standing poles and there is no place
to mount a grab bar which conforms to the Architectural Barriers Act
Accessibility Guidelines. Nonetheless, the committee believed that a
grab bar was essential for stability in a wet environment, but not for
transfer. The committee also recommended providing three options for
the grab bar: vertical, circular (if the shower is on a pole), and
horizontal (if the shower is on a wall). If a vertical grab bar is
chosen it would be permitted only on a post. The committee recommended
that it be provided 33 inches above the floor, the lowest height
currently for a grab bar, and extend the length of the pole within 3
inches below the shower head. If a circular grab bar is chosen it would
also be permitted only on a post. This type of grab bar would resemble
a spoked wheel mounted perpendicular to the post. The committee
recommended that the grab bar be provided 33 to 36 inches above the
floor, consistent with a horizontal grab bar in an indoor shower. If a
horizontal grab bar is chosen, the committee recommended a 33 to 36
inch mounting height, consistent with the mounting height for
horizontal grab bars in indoor showers.
Section T320.4 addresses the requirements for controls. In order
for controls to be usable, they must be within reach ranges and be
operable. The committee recommended that controls comply with T407.
Many outdoor showers have a twist-type knob because those controls are
less subject to vandalism. Although vandalism is a legitimate concern
in outdoor settings, the committee agreed that accessible controls
could be vandal-proofed, particularly if push controls are used.
Therefore, the committee recommended that controls and operating
mechanism comply with T407. If self-closing controls are used, the
controls shall remain open for at least 10 seconds, the minimum time
needed for rinsing.
Section T320.5 addresses the requirements for a low outdoor rinsing
shower spray head. The appropriate height for a low rinsing shower is
taken from the current requirements for indoor showers. In order to
provide flexibility, rather than an absolute mounting height, the
committee recommended a range of 48 to 54 inches. A hand-held shower
spray unit is permitted, although the committee realized that this
would be an infrequent choice in an outdoor environment due to
vandalism concerns.
Section T320.6 addresses the requirement for the height of a high
outdoor rinsing shower spray head. The height of the shower head must
be a minimum of 72 inches above the floor or ground. A hand-held shower
spray is permitted.
The committee also discussed shower seats. Indoor showers which are
designated as accessible require a seat. This requirement may not be
reasonable for all outdoor showers. An adjacent bench might be
conveniently located for the placement of items, but not in conjunction
with showering itself. With an outdoor pole shower, there is no
adjacent wall on which to mount a fold-down seat. In an outdoor shower
mounted to a wall, a fold-down bench would likely be vandalized.
Therefore, the committee recommended that there be no requirement for a
shower seat in an outdoor rinsing shower.
T321 Signs
Section T321.2 requires trails or trail segments that comply with
T303 to provide a sign at the trail head and all designated access
points. The sign must display a symbol designating that the trail or
trail segment is accessible and shall include the total distance of the
accessible trail or segment and the location of the first point where
exceptions from the technical provision in T303 apply.
An example of a sign to be used at accessible trails is included in
an advisory note. Signs identifying accessible trail segments must
include the total distance of the accessible segment and the location
of the first point of departure from the technical provisions.
Signs for trails were extensively debated by the committee. While
certain trail information is critical for users, there was concern
about requiring too many signs with too much information. There were
also concerns that the requirement may be too onerous in terms of
providing detailed information about trail characteristics. As a
compromise, the committee agreed to include a requirement for a symbol
to identify those trails that are accessible. Additionally, where the
symbol is used to identify accessible trail segments, the total
distance of the accessible trail segment to the location of the first
point of departure from the technical provision must be provided.
An extensive advisory note has been provided on the issue of trail
information. The advisory note includes recommendations for the types
of information which should be provided and examples of different
formats for providing the information. Where trails are provided and
conditions have required departure from some of the technical
provisions, it is recommended that more detailed signs be provided to
help users make informed decisions about trail use.
Question 25: Some examples of proposed signs designating accessible
trails are included in an advisory note. The committee did not reach a
consensus on a particular sign. Comment is sought on these signs and
other options. The proposed guidelines for trails require a sign on
trails that meet the provisions and exceptions of T303.
Section T321.3 requires camping spaces that comply with T318 to be
[[Page 34093]]
identified by the International Symbol of Accessibility complying with
T412.2.
T322 Protruding Objects
Section T322.1 requires protruding objects on trails, outdoor
recreation access routes, and beach access routes to comply with T405.
Protruding objects on trails must have 80 inches of vertical clearance.
An exception permits a reduction in the 80 inch vertical clearance
provided that a barrier is provided to warn persons with visual
impairments. This allows a trail to pass through narrow, winding
corridors, under ledges or through caves. This provision represents a
compromise reached by committee members. Some committee members saw the
need for a departure from the minimum 80 inches overhead clearance,
while others felt that permitting this could present barriers to people
with visual impairments.
Question 26: The committee could not reach consensus on allowing a
complete departure from this provision if the minimum overhead
clearance could not be provided along a trail. After some debate, the
committee agreed to propose the technical requirements for headroom
clearance. Providing such a warning along a trail in the outdoor
environment may have the effect of creating a barrier for all trail
users. What other options are available on trails, specifically where
there is a lack of sufficient space to move around an obstruction
without significantly impacting the natural environment or setting?
Chapter T4
Chapter T4 provides supplementary technical provisions that apply
where required by Chapter T3 or where referenced by a requirement in
this document.
Regulatory Process Matters
These guidelines have been reviewed by the Office of Management and
Budget pursuant to Executive Order 12866. The Access Board prepared a
regulatory assessment for the guidelines. The regulatory assessment is
available on the Access Board's Web site at http://www.access-board.gov/outdoor/assessment.htm.
The guidelines apply to the new
construction and alteration of outdoor developed areas by Federal
agencies subject to the Architectural Barriers Act. The guidelines will
primarily affect the following Federal land management agencies in the
Department of Agriculture: Forest Service; in the Department of the
Interior: National Park Service, Fish and Wildlife Service, Bureau of
Land Management, and Bureau of Reclamation; and in the Department of
Defense: Army Corps of Engineers.
Establishing the Federal land management agencies annual
expenditures on the construction and alterations of the elements and
spaces covered by the proposed guidelines required a project-by-project
review. The Access Board requested data from the Federal land
management agencies on camping and picnic projects and trails projects
funded in FY 2004 that included elements and spaces covered by the
proposed guidelines. The data is summarized in Table 1. Some of the
projects included the construction and alterations of general parking
areas, restrooms, and other facilities covered by existing
accessibility standards, or the construction and alterations of roads
and other infrastructure that are not subject to accessibility
standards. Thus, the total project costs overstate the expenditures on
elements and spaces covered by the proposed guidelines.
Table 1.--FY 2004 Projects That Included Construction and Alterations of Elements and Spaces Covered by Proposed Guidelines
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Camping & picnic areas Trails
Agency ----------------------------------------------------------------------------------------------------------------------
Number of projects Total project costs Number of projects Total project costs
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Department of Agriculture
Forest Service............... Not available............. $6.9 million (FY 2003)........ Not available............ Not available.
Department of the Interior:
National Park Service........ 46........................ $14.0 million................. 33....................... $2.7 million.
Fish and Wildlife Service.... 2......................... $0.2 million.................. 3........................ $0.3 million.
Bureau of Land Management.... 6......................... $1.8 million.................. 1........................ $25,000.
Bureau of Reclamation........ 8......................... $1.1 million.................. 3........................ $1.2 million.
Department of Defense:
Army Corps of Engineers...... 25........................ Not available................. 4........................ $1 million.
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Total.................... 87........................ $24.0 million................. 44....................... $5.2 million.
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The Access Board reviewed 43 camping and picnic area projects and
26 trail projects that included the construction or alteration of
elements and spaces covered by the accessibility guidelines for outdoor
developed areas for this regulatory assessment, as shown in Table 2.
The purpose of the review was to assess the level of accessibility of
the elements and spaces, and the additional costs associated with
accessibility.
Table 2.--Projects Reviewed for Regulatory Assessment
------------------------------------------------------------------------
Camping &
Agency picnic area Trail
projects projects
------------------------------------------------------------------------
Department of Agriculture:
Forest Service.............................. 12 4
Department of the Interior:
National Park Service....................... 9 11
Fish and Wildlife Service................... 2 3
Bureau of Land Management................... 6 1
Bureau of Reclamation....................... 8 3
Department of Defense:
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Army Corps of Engineers..................... 6 4
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Total..................................... 43 26
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The Access Board used two baselines for this regulatory assessment.
The first baseline assesses the costs associated with the proposed
guidelines compared to the Federal land management agencies current
accessibility policies and practices as described below:
Forest Service--FSORAG and FSTAG. The Forest Service
currently requires all its construction and alteration projects to use
Forest Service Outdoor Recreation Accessibility Guidelines (FSORAG) and
Forest Service Trail Accessibility Guidelines (FSTAG). FSORAG and FSTAG
generally meet or exceed the level of accessibility in the proposed
guidelines. Thus, the Forest Service's projects will not incur any
additional costs associated with the proposed guidelines compared to
FSORAG and FSTAG.
Department of the Interior--Best Practices Bulletins. The
Federal land management agencies in the Department of the Interior
currently use the National Center on Accessibility's best practices
bulletins. However, the agencies have not formally required all their
construction and alteration projects to use the technical bulletins.
Therefore, the baseline assumes 50 percent to 75 percent of the
agencies' projects use the best practices bulletins. The best practices
bulletins generally meet the level of accessibility in the proposed
guidelines. Thus, the percentage of the agencies' projects that will
incur additional costs associated with the proposed guidelines range
from a lower bound of 25 percent to an upper bound of 50 percent.
Army Corps of Engineers--Recreation Facility and Customer
Service Standards and Best Practices. The Army Corps of Engineers
currently require all its construction and alteration projects to use
its Recreation Facility and Customer Service Standards, and also
currently recommends that the projects use best practices for
accessible design. The Army Corps of Engineers' Recreation Facility and
Customer Service Standards generally meet or exceed the level of
accessibility in the proposed guidelines, except for recreational
vehicle parking areas and trails. The baseline assumes 50 percent to 75
percent of the Army Corps of Engineers' projects use best practices for
designing accessible recreational vehicle parking areas and trails that
meet the level of accessibility in the proposed guidelines. Thus, the
percentage of the Army Corps of Engineers' projects that will incur
additional costs for recreational vehicle parking areas and trails
associated with the proposed guidelines range from a lower bound of 25
percent to an upper bound of 50 percent.
The additional annual costs associated with the proposed guidelines
compared to the Federal land management agencies current accessibility
policies and practices range from $0.5 million to $1.1 million.
The second baseline assesses the costs associated with the proposed
guidelines if accessibility were not required by the Access Board or
otherwise. That is, the second baseline attempts to evaluate how the
Federal land management's agencies would construct the elements and
spaces covered by the proposed guidelines in the absence of any
accessibility requirement. The additional annual costs associated with
the proposed guidelines using the second baseline range from $2.0
million to $2.6 million.
Individuals with disabilities, and their families and friends, will
benefit from visiting and using accessible facilities in outdoor
developed areas. The U.S. Census Bureau reports that there are 51.2
million Americans with disabilities in the civilian non-
institutionalized population in 2002. Among the population age 15 and
older, 2.7 million individuals use a wheelchair, and another 9.1
million use a mobility aid such as a cane, crutches, or walker. The
benefits to individuals with disabilities are not quantifiable. Many of
the benefits to these individuals resulting from accessible facilities
in outdoor developed areas are currently being realized under the
Federal land management agencies' current accessibility policies and
practices. The proposed guidelines will contribute to the benefits, and
the benefits justify the regulatory action.
The proposed guidelines will not have a significant economic impact
on a substantial number of small entities for purposes of the
Regulatory Flexibility Act because the guidelines apply only to Federal
agencies. The proposed guidelines do not have any Federalism
implications because they do not apply to State, local, and tribal
governments. The proposed guidelines do not establish any requirements
subject to the Paperwork Reduction Act.
List of Subjects in 36 CFR Part 1195
Buildings and facilities, Individuals with disabilities.
Tricia Mason,
Chair, Architectural and Transportation Barriers Compliance Board.
For the reasons set forth in the preamble, the Access Board
proposes to add part 1195 to Chapter XI of title 36 of the Code of
Federal Regulations to read as follows:
PART 1195--ARCHITECTURAL BARRIERS ACT ACCESSIBILITY GUIDELINES FOR
OUTDOOR DEVELOPED AREAS
Sec.
1195.1 Accessibility guidelines.
Appendix A to Part 1195--Architectural Barriers Act Accessibility
Guidelines for Outdoor Developed Areas
Authority: 29 U.S.C. 792(b)(3).
Sec. 1195.1 Accessibility guidelines.
The accessibility guidelines for outdoor developed areas designed,
constructed, or altered by or on behalf of Federal agencies subject to
the Architectural Barriers Act are set forth in Appendix A to this
part.
Appendix A to Part 1195--Architectural Barriers Act Accessibility
Guidelines for Outdoor Developed Areas
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[FR Doc. 07-2979 Filed 6-19-07; 8:45 am]
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