# 86



II-6.2000                                    June 16, 1993

204-016-00013







Mr. XXXXXXXXXXXXXXX
XXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXX  XXXXX

Dear Mr. XXXXX:

     This is in response to your letter concerning requirements
for playgrounds under the Americans with Disabilities Act (ADA).

     The ADA authorizes the Department of Justice to provide
technical assistance to entities that are subject to the Act. 
This letter provides informal guidance to assist you in
understanding provisions applicable to playgrounds.  However,
this technical assistance does not constitute a determination by
the Department of Justice of your rights or responsibilities
under the ADA and does not constitute a binding determination by
the Department of Justice.

     Under section 35.151(c) of the ADA title II regulations,
public entities, such as schools, can choose to design facilities
either in accordance with the Americans with Disabilities Act
Accessibility Guidelines or in accordance with the Uniform
Federal Accessibility Standards.  (A copy of the title II
regulations is enclosed.)  Neither of those standards, however,
contains specific sections on playgrounds.  Guidelines for
recreational facilities are currently in the process of being
developed by the Architectural and Transportation Barriers
Compliance Board.  Until such time as those guidelines are
finalized, playgrounds need not be built in compliance with any
specific design standards.

     However, playgrounds are not exempt from the ADA.  
Section 35.130 of the title II regulations requires that
qualified individuals with disabilities be given an equal
opportunity to participate in a public entity's programs. 
Providing an equal opportunity may entail provision of some
accessible equipment and an accessible surface in a public
playground.


     For your further information, an interim draft recreation
standard, which contains advisory guidance on playgrounds at page
756, is enclosed.  The section on playgrounds indicates that
level, firm paths and surfacing should be provided to allow
playground facilities to be used by people with limited mobility. 
This interim draft standard has not been adopted and is not in
effect and is provided for guidance only.

     I hope this information has been helpful to you.

                            Sincerely,




                        Stewart B. Oneglia
                              Chief
                 Coordination and Review Section
                      Civil Rights Division

Enclosures (2)