Guidance on the 2010 ADA Standards for Accessible Design

Analysis and Commenta ry o n the 2010 ADAStandards mobility features where it is not technically constructed they must be level, provide feasible for the altered dwelling unit to comply wheelchair turning space, and be on an with the technical requirements. accessible route compliant with Chapter 4 of the 2010 Standards except as modified by 234 and 1002 Amusement Rides section 1002.2 of the 2010 Standards. New and Altered Permanently Installed Mobile or Portable Amusement Rides. Amusement Rides. Section 234 of The exception in section 234.1 of the 2010 the 2010 Standards sets out scoping Standards exempts mobile or portable requirements and section 1002 sets out the amusement rides, such as those set up for technical requirements for the accessibility short periods of time at carnivals, fairs or of permanently installed amusement rides. festivals, from having to comply with the These requirements apply to newly designed 2010 Standards. However, even though the and constructed amusement rides and used mobile/portable ride itself is not subject to rides when certain alterations are made. the Standards, these facilities are still subject to the ADA’s general requirement to ensure A commenter raised concerns that smaller that individuals with disabilities have an amusement parks tend to purchase used equal opportunity to enjoy the services and rides more frequently than new rides, and amenities of these facilities. that the conversion of a used ride to provide the required accessibility may be difficult to Subject to these general requirements, ensure because of the possible complications mobile or portable amusement rides should in modifying equipment to provide be located on an accessible route and the accessibility. load and unload areas serving a ride should provide a level wheelchair turning space to The Department agrees with this commenter. provide equal opportunity for individuals with The Department notes, however, that the disabilities to be able to participate on the 2010 Standards will require modifications amusement ride to the extent feasible. to existing amusement rides when a ride’s structural and operational characteristics One commenter noted that the exception are altered to the extent that the ride’s in Section 234.1 of the 2010 Standards for performance differs from that specified by the mobile or portable amusement rides limits manufacturer or the original design. Such an the opportunities of persons with disabilities extensive alteration to an amusement ride to participate on amusement rides because may well require that new load and unload traveling or temporary amusement rides areas be designed and constructed. When by their nature come to their customers’ load and unload areas serving existing town or a nearby town rather than the amusement rides are newly designed and customer having to go to them and so are 148 - Guidance on the 2010 Standards: Titles II and III Department of Justice