Safety never takes a holiday.
Amusement Facilities & the ADA
Last month, the U.S. Department of Justice (the Department) released proposed rules regarding compliance with the Americans with Disabilities Act (ADA). These rules adopt provisions of the Americans With Disabilities Act and Architectural Barriers Act Accessibility Guidelines (2004 ADAAG) which were published by the Architectural and Transportation Barriers and Compliance Board (Access Board) on July 22, 2004.The rules apply to all areas of public accommodation, but contain several specific provisions which will impact all IAAPA constituencies. Below is a list of critical issues addressed in the new regulations, but we strongly encourage you to read the entire report to fully comprehend all of the potential implications of the new regulations on recreational facilities. We are asking all facility owners to submit comments on these issues and other concerns regarding the regulations to the Department of Justice and the IAAPA Government Relations Department. To submit a comment for the record visit the Regulations.gov webpage, then e-mail it to us. This is the industry’s chance to affect the regulations before they are put into place. We hope you will respond promptly. |
Critical IssuesSegways. IAAPA does not agree that EPAMD (Segways) should be considered in the same category as wheelchairs. We have serious safety concerns regarding the use of Segways in theme parks due to, among other things, their speed, balancing technology, the risk they pose to toddlers, elderly persons, persons with disabilities and numerous other guests moving through crowded theme parks. Exemption for Existing Ride Vehicles. IAAPA requests existing ride vehicles be included in the same category of barrier removal exemption as pools, play areas, spas, etc. Most ride vehicles are smaller than a two-person spa or hot tub. Requirements cannot include alterations of a ride vehicle, as this could void warranties and is beyond the capabilities of many small park operators. Wheelchair Access. IAAPA requests that the Department acknowledge core concepts that were built into the Recreation Rule for amusement attractions: 1. That the technical guidelines for amusement ride access are based upon DOT’s “Common Wheelchair” dimensions and weight. 2. That wheelchair access through an alternative facility entrance is preferred in certain ride designs to avoid long ramps or dual elevators to safely traverse ride track areas. 3. In certain circumstances, wheelchair access through an alternative entrance provides a safer environment for guests using wheelchairs in maneuvering, accessing ride vehicles, and storing wheelchairs. 4. That changes to a ride vehicle or the theming of an attraction do not constitute a major modification that constitutes an alteration. 5. That amusement attractions may be unique, such as fun houses and net climbs, and cannot be judged against guidelines of play areas or generic facilities as such guidelines would create a fundamental alteration to the nature of the recreational or amusement attractions (e.g., accessible route criteria). |
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ADA ResourcesReport Department of Justice ADA Reference Page Waterpark Information
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