36 CFR Part 1191 ABA Accessibility Guidelines, Outdoor Developed Areas - Preamble
Appendix C to 36 CFR part 1191 – Architectural Barriers Act: Scoping
F106.5 Defined Terms
The final rule adds definitions to this section for the following terms: boards, camp shelter, camping facility, camping unit, outdoor constructed features, picnic facility, picnic unit, trail, trailhead, and viewing areas. The definition of boards is discussed above under the Executive Summary. The definition of outdoor constructed features is discussed above under Changes Made to the Proposed Rule. The definitions of the other terms are discussed below under the sections where the terms are used.
F201.4 Requirements Apply to Facilities Constructed or Altered by or on Behalf of Federal Agencies
This section provides that the scoping requirements in F216.13 and F244 though F248 and the technical requirements in 1011 through 1019 apply to camping facilities, picnic facilities, viewing areas, trails, and beach access routes constructed or altered by federal agencies or by non-federal entities on federal land on behalf of federal agencies pursuant to a concession contract, partnership agreement, or similar arrangement.
F201.4.1 Documentation and Notification When Exceptions Used for Trails or Beach Access Routes
This section requires federal agencies to document the basis for not fully complying with a specific provision in the technical requirements for trails on a portion of a trail based on Exception 1 in 1017, or with a specific provision in the technical requirements for beach access routes based on Exception 1 in 1018. Federal agencies are required to maintain the documentation with the records for the trail or beach project. The section also requires federal agencies to notify us if an entire trail is exempted from complying with the technical requirements for trails based on Exception 2 in 1017, and if a beach access route is not provided based on Exception 2 in 1018. Notification forms are available on our website at: http://www.access-board.gov/outdoor.
F202.3 Alterations
The final rule adds Exception 4 to this section, which applies to altered elements and spaces. Exception 4 does not require an outdoor recreation access route to altered elements and spaces in camping facilities, picnic facilities, viewing areas, or trailheads where the circulation path to the altered element or space is not altered. Exception 4 is consistent with Exception 1 to this section, which does not require an accessible route to altered elements and spaces in other types of facilities where the circulation path to the altered element or space is not altered, unless the alterations affect primary function areas.
F202.4 Alterations Affecting Primary Function Areas
The final rule adds Exception 2 to this section, which applies to altered areas containing a primary function. Exception 2 exempts camping facilities, picnic facilities, viewing areas, trailheads, trails, and beach access routes from providing an accessible path of travel to altered areas containing a primary function. The regulations and policies issued by the federal agencies referenced in the section define an accessible path of travel as an accessible route. Exception 4 is added because the final rule does not require accessible routes at camping facilities, picnic facilities, viewing areas, and trailheads where outdoor recreation access routes are provided. The final rule also does not require accessible routes where camping facilities, picnic facilities, and viewing areas are provided on trails and where beach access routes are provided.
F206.1 General
The final rule adds three exceptions to this section, which contains the scoping requirements for accessible routes. Exception 1 does not require accessible routes at camping facilities, picnic facilities, viewing areas, and trailheads where outdoor recreation access routes are provided. Exception 2 does not require accessible routes where camping facilities, picnic facilities, viewing areas, and outdoor constructed features are provided on trails. Exception 3 does not require accessible routes where beach access routes are provided.
F212.3 Sinks
The final rule adds Exception 2 to this section, which contains the scoping requirements for sinks. Exception 2 exempts sinks in camping facilities and picnic facilities where a cooktop or conventional range is not provided. Exception 2 applies to utility sinks used to clean large pots and equipment. Exception 2 is consistent with Exception 1 to this section, which exempts service sinks because they cannot comply with technical requirements for sinks due to their configuration. Utility sinks used to clean large pots and equipment are configured similar to service sinks. Lavatories (i.e., sinks in toilet and bathing facilities) are not affected by Exception 2.
F213.1 General
The final rule adds an exception to this section, which contains the scoping requirements for toilet facilities. The exception exempts pit toilets provided on trails and in camping facilities. A pit toilet is a primitive outhouse consisting of a toilet riser over a hole dug into the ground or receptacle to receive and naturally decompose human waste. Some pit toilets do not have walls and would not be able to comply with the technical requirements for toilet facilities such as providing grab bars at toilet fixtures. However, the technical requirements for toilet facilities can be used as guidance for designing pit toilets.
F216.13 Trailhead Signs
Where new trail information signs are provided at trailheads on newly constructed or altered trails designed for use by hikers or pedestrians, this section requires the signs to comply with the technical requirements in 1017.11, regardless of whether the trails comply with the technical requirements in 1017. The technical requirements in 1017.11 require the signs to include information on the length of the trail or trail segment; surface type; typical and minimum tread width; typical and minimum running slope; and typical and minimum cross slope. This information enables individuals with disabilities to decide whether to hike the trail based on the characteristics of the trail. Entities should also provide information about the accessibility of trails on websites.
ETA Editor's Note
The paragraph above references section 1017.11 for the technical requirements of trailhead signs. However, section 1017.11 does not exist in the final rule; sign requirements are found in section 1017.10.
If trail information signs designate the name of the trail, only the name of the trail is required to comply with the technical requirements in 703.5. See F216.2. Tactile characters are not required on exterior signs. Trail information signs are not required to display the International Symbol of Accessibility.
F244.1 General
This section contains the scoping requirements for camping facilities, other than camping facilities on trails. The scoping requirements for camping facilities on trails are contained in F247.4.1. The terms camping facility, camping unit, and camp shelter are defined in F106.5. A camping facility is a site, or a portion of a site, developed for outdoor recreational purposes that contains camping units. A camping unit is an outdoor space in a camping facility used for camping that contains outdoor constructed features, parking spaces for recreational vehicles or other vehicles, tent pads or tent platforms, or camp shelters. A camp shelter is a partially enclosed structure that provides campers and hikers cover from weather and that does not contain plumbing fixtures or kitchen appliances. Camp shelters are not transient lodging facilities or residential dwelling units.
F244.2 Camping Units with Mobility Features
This section requires camping facilities to provide a minimum number of camping units with mobility features based on the total number of camping units in accordance with Table 244.2. Where different types of camping units are provided (e.g., camping units for recreational vehicles only; camping units for tent camping only; and camping units with camp shelters), Table 244.2 applies to each type of camping unit provided.
Camping units with mobility features are not required to be identified by signs. Entities should provide information on the location of camping units with mobility features on websites, in brochures, and at bulletin boards or information kiosks at the camping facility. Where entities operate reservation systems for camping units or assign camping units upon arrival, entities should establish policies to ensure that camping units with mobility features are available for individuals with disabilities until all the camping units are occupied.
F244.2.1 Alterations and Additions
This section requires camping units that are altered or added to provide mobility features until the number of camping units with mobility features in the camping facility meets the minimum number required in Table 244.2.
Where an entity is implementing a transition plan for program accessibility developed pursuant to regulations issued under section 504 of the Rehabilitation Act that designates specific camping units to provide mobility features, an exception permits the entity to not provide accessible elements when altering individual elements within camping units that are not designated to provide mobility features. When all the elements within a camping unit are altered, the altered camping unit is required to provide mobility features until the minimum number of camping units with mobility features required in Table 244.2 is met.
F244.2.2 Dispersion
This section requires camping units with mobility features to provide choices of camping units comparable to, and integrated with, those available to others.
F244.2.3 Elements within Camping Units with Mobility Features
This section contains the scoping requirements for elements within camping units required to provide mobility features, including outdoor constructed features (F244.2.3.1), parking spaces for recreational vehicles (F244.2.3.2.1), parking spaces for vehicles other than recreational vehicles (F244.2.3.2.2), tent pads and tent platforms (F244.2.3.3), and camp shelters (F244.2.3.4). Where these elements are provided within a camping unit, at least one of each type of element is required to comply with the applicable technical requirements for the element. Where more than one of the same element is provided within a camping unit (e.g., picnic tables, tent pads), at least two of the same type element are required to comply with the applicable technical requirements for the element.
F244.3 Outdoor Constructed Features in Common Use and Public Use Areas
This section contains the scoping requirements for outdoor constructed features provided in common use and public use areas that serve camping units with mobility features. At least 20 percent, but not less than one, of each type of outdoor constructed feature provided at each location is required to comply with the applicable technical requirements in 1011.
F244.4 Pull-up Spaces for Recreational Vehicles at Dump Stations
This section requires pull-up spaces provided for recreational vehicles at dump stations to comply with the applicable technical requirements in 1012.
F244.5 Outdoor Recreation Access Routes
This section contains the scoping requirements for outdoor recreation access routes at camping facilities, which are discussed below.
F244.5.1 Routes within Camping Units with Mobility Features
This section requires at least one outdoor recreation access route to connect accessible elements, spaces, and facilities provided within camping units with mobility features.
F244.5.2 Routes to and within Common Use and Public Use Areas
This section requires at least one outdoor recreation access route to connect each camping unit with mobility features with common use and public use areas serving the unit; and at least one outdoor recreation access route to connect accessible elements, spaces, and facilities provided within common use and public use areas serving camping units with mobility features. An outdoor recreation access route is not required to connect camping units with mobility features and recreational vehicle dump stations where a pull-up space complying with the applicable technical requirements in 1012 is provided at the dump station for recreational vehicles.
F244.5.3 Routes to Adjacent Recreation Facilities
Where a circulation path connects camping facilities and adjacent recreation facilities, this section requires at least one outdoor recreation access route to connect camping units with mobility features to an accessible route serving the adjacent recreation facilities. The section does not modify the scoping requirements for accessible routes in F206 of the Architectural Barriers Act Accessibility Guidelines that apply to recreation facilities.
F244.5.4 Location
This section requires outdoor recreation access routes to coincide with or be located in the same general area as general circulation paths. Where a vehicular way serves as the general circulation path for pedestrians at a camping facility, the outdoor recreation access route can be provided within the vehicular way.
F245.1 General
This section contains the scoping requirements for picnic facilities, other than picnic facilities on trails. The scoping requirements for picnic facilities on trails are contained in F247.4.2. The terms picnic facility and picnic unit are defined in F106.5. A picnic facility is a site, or a portion of a site, developed for outdoor recreational purposes that contains picnic units. A picnic unit is an outdoor space in a picnic facility used for picnicking that contains outdoor constructed features.
F245.2 Picnic Units with Mobility Features
This section requires picnic facilities to provide a minimum number of picnic units with mobility features as discussed below. Picnic units with mobility features are not required to be identified by signs. Entities should provide information on the location of picnic units with mobility features on websites, in brochures, and at bulletin boards or information kiosks at the picnic facility.
F245.2.1 Picnic Facilities with Two or Fewer Picnic Units
Where picnic facilities contain two or fewer picnic units, this section requires each picnic unit to provide mobility features.
F245.2.2 Picnic Facilities with More Than Two Picnic Units
Where picnic facilities contain more than two picnic units, this section requires at least 20 percent, but not less than two, of the picnic units to provide mobility features.
F245.2.3 Alterations and Additions
This section requires picnic units that are altered or added to provide mobility features until the number of picnic units with mobility features in the picnic facility meets the minimum number required in F245.2.1 or F245.2.2.
Where an entity is implementing a transition plan for program accessibility developed pursuant to regulations issued under section 504 of the Rehabilitation Act that designates specific picnic units to provide mobility features, an exception permits the entity to not provide accessible elements when altering individual elements within picnic units that are not designated to provide mobility features. When all the elements within a picnic unit are altered, the altered picnic unit is required to provide mobility features until the minimum number of picnic units with mobility features required in F245.2.1 or F245.2.2 is met.
F245.2.4 Dispersion
This section requires picnic units with mobility features to provide choices of picnic units comparable to, and integrated with, those available to others.
F245.2.5 Elements within Picnic Units with Mobility Features
This section contains the scoping requirements for elements within picnic units required to provide mobility features, including outdoor constructed features (F244.2.5.1) and parking spaces (F244.2.5.2). Where these elements are provided within a picnic unit, at least one of each type of element is required to comply with the applicable technical requirements for the element. Where more than one of the same element is provided within a picnic unit (e.g., picnic tables, grills), at least two of the same type of element are required to comply with the applicable technical requirements for the element.
ETA Editor's Note
The paragraph above references sections F244.2.5.1 and F244.2.5.2. However, these sections do not exist in the final rule. The sections referring to outdoor constructed features and parking spaces are F244.2.3.1 and F244.2.3.2, respectively.
F245.3 Outdoor Constructed Features in Common Use and Public Use Areas
This section contains the scoping requirements for outdoor constructed features provided in common use and public use areas that serve picnic units with mobility features. At least 20 percent, but not less than one, of each type of outdoor constructed feature provided at each location is required to comply with the applicable technical requirements in 1011.
F245.4 Outdoor Recreation Access Routes
This section contains the scoping requirements for outdoor recreation access routes within picnic facilities, which are discussed below.
F245.4.1 Routes within Picnic Units with Mobility Features
This section requires at least one outdoor recreation access route to connect accessible elements, spaces, and facilities provided within picnic units with mobility features.
F245.4.2 Routes to and within Common Use and Public Use Areas
This section requires at least one outdoor recreation access route to connect each picnic unit with mobility features with common use and public use areas serving the unit; and at least one outdoor recreation access route to connect accessible elements, spaces, and facilities provided within common use and public use areas serving picnic units with mobility features.
F245.4.3 Routes to Adjacent Recreation Facilities
Where a circulation path connects picnic facilities and adjacent recreation facilities, this section requires at least one outdoor recreation access route to connect picnic units with mobility features to an accessible route serving the adjacent recreation facilities. The section does not modify the scoping requirements for accessible routes in F206 of the Architectural Barriers Act Accessibility Guidelines that apply to recreation facilities.
F245.4.4 Location
This section requires outdoor recreation access routes to coincide with or be located in the same general area as general circulation paths. Where a vehicular way serves as the general circulation path for pedestrians at a picnic facility, the outdoor recreation access route can be provided within the vehicular way.
F246.1 General
This section contains the scoping requirements for viewing areas, other than viewing areas on trails. The scoping requirements for viewing areas on trails are contained in F247.4.3. The term viewing area is defined in F106.5 as an outdoor space developed for viewing a landscape, wildlife, or other points of interest.
F246.2 Distinct Viewing Locations
This section requires each distinct viewing location within a viewing area to comply with the technical requirements for viewing areas in 1015. Viewing areas can provide more than one distinct viewing location. For example, a viewing area can provide a distinct viewing location for observing a mountain range, and another distinct viewing location for observing a river. Distinct viewing locations within a viewing area can be designated by signs or other markers.
F246.3 Outdoor Constructed Features
This section requires at least 20 percent, but not less than one, of each type of outdoor constructed feature provided within viewing areas to comply with the applicable technical requirements in 1011.
F246.4 Outdoor Recreation Access Routes
This section requires at least one outdoor recreation access route to connect accessible parking spaces or other site arrival points serving the viewing area with accessible elements, spaces, and facilities provided within the viewing area.
F247.1 General
This section contains the scoping requirements for trails. The terms trail and trailhead are defined in F106.5. A trail is a pedestrian route developed primarily for outdoor recreational purposes. A pedestrian route developed primarily to connect elements, spaces, and facilities within a site is not a trail. A trailhead is an outdoor space that is designated by an entity responsible for administering or maintaining a trail to serve as an access point to the trail. The junction of two or more trails or the undeveloped junction of a trail and a road is not a trailhead.
Where a trail is designed for use by hikers or pedestrians and directly connects to a trailhead or another trail that substantially meets the technical requirements for trails in 1017, the section requires the trail to comply with the technical requirements for trails in 1017. The Federal Trail Data Standards classify trails by their designed use and managed use.8 A trail has only one designed use that determines the design, construction, and maintenance parameters for the trail. A trail can have more than one managed use based on a management decision to allow other uses on the trails. Trails that have a designed use for hikers or pedestrians are required to comply with the technical requirements for trails in 1017. Trails that have a designed use for other than hikers or pedestrians are not required to comply with the technical requirements for trails in 1017.
A trail system may include a series of connecting trails. Only trails that directly connect to a trailhead or another trail that substantially meets the technical requirement for trails in 1017 are required to comply with the technical requirements for trails in 1017.
8 The Federal Trail Data Standards are available at: http://www.fgdc.gov/standards/projects/FGDC-standards-projects/trail-data-standard/.
F247.2 Existing Trails
Where the original design, function, or purpose of an existing trail is changed and the altered portion of the trail directly connects to a trailhead or another trail that substantially meets the technical requirements for trails in 1017, this section requires the altered portion of the trail to comply with the technical requirements for trails in 1017. Routine or periodic maintenance activities that are performed to return an existing trail to the condition to which the trail was originally designed are not required to comply with the technical requirements for trails in 1017.
F247.3 Trailheads
This section requires at least 20 percent, but not less than one, of each type of outdoor constructed feature provided within trailheads to comply with the applicable technical requirements in 1011. The section also requires at least one outdoor recreation access route to connect accessible parking spaces or other site arrival points serving the trailhead; the starting point of the trail; and accessible elements, spaces, and facilities provided within the trailhead.
F247.4 Trail Facilities
This section requires camping facilities, picnic facilities, and viewing areas provided on trails to comply with the applicable scoping requirements for the facilities in F244 through F246, except for the scoping requirements for outdoor recreation access routes. The facilities are required to comply with the applicable scoping requirements regardless of whether the trail complies with the technical requirements for trails in 1017.
The section requires routes that connect trails complying with the technical requirements for trails in 1017 to camping facilities, picnic facilities, viewing areas, pit toilets, and accessible elements within the facilities to comply with the technical requirements for trails in 1017. Routes that connect trails that do not comply with the technical requirements for trails in 1017 to these facilities and accessible elements provided within the facilities are not required to comply with the technical requirements for trails in 1017.
F247.5 Outdoor Constructed Features
This section requires at least 20 percent, but not less than one, of each type of outdoor constructed feature provided at each location on trails, other than within facilities provided on trails, to comply with the applicable technical requirements in 1011.
F248.1 General
This section contains the scoping requirements for beach access routes. Where the entity that administers or manages a beach constructs or alters circulation paths, parking facilities, toilet facilities, or bathing facilities to serve the beach or undertakes a beach nourishment project, the section requires the entity to provide beach access routes. The entity is not required to expend more than 20 percent of the costs to construct or alter the facilities serving the beach or the beach nourishment project to provide beach access routes. Beach access routes can be permanent or removable. Removable beach access routes can be moved to a protected storage area during storms and other periods when the routes are subject to damage or loss. Beach access routes are not required where pedestrian access to the beach is not permitted.
F248.2 Minimum Number
This section requires at least one beach access route to be provided for each 1/2 mile of beach shoreline administered or managed by the entity. The number of beach access routes is not required to exceed the number of pedestrian access points provided by the entity to the beach. Pedestrian access points to a beach include parking facilities that serve beaches, dune crossings, and stairways or ramps leading from boardwalks to the beach.
F248.3 Location
This section requires beach access routes to coincide with or be located in the same general area as pedestrian access points to the beach.
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