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Chapter 5 Public/Permitted Use Universal Access

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Chapter 5 Public/Permitted Use Universal Access PUBLIC/PERMITTED USE CHAPTER 5 CCHHAAPPTTEERR 55 PPUUBBLLIICC//PPEERRMMIITTTTEEDD UUSSEE NYS STRATEGIC PLAN FOR STATE FOREST MANAGEMENT 171 PUBLIC/PERMITTED USE CHAPTER 5 UNIVERSAL ACCESS UNIVERSAL ACCESS Forest‐based outdoor activities in both active and passive forms are widely enjoyed by people of all ages One in five Americans has a and abilities. Time in the woods is increasingly disability. Persons with disabilities important as much of society has turned indoors for comprise 19% of the total national entertainment. Nature provides opportunities for population, constituting the exercise and physical well‐being, meeting unique largest minority group in the challenges, learning new skills and gaining healthy United States. perspectives on modern life. A day on the water or an Like any minority group, there is evening around the campfire brings family and friends great diversity and individuality together to make personal discoveries and connections within the whole. Upholding with each other. Disability awareness and consideration broad universal access standards of diverse needs will lead to greater inclusion in these enables people of all abilities to valuable recreational opportunities. satisfy their need for nature and recreation. DEC staff play an essential role in providing universal access to recreational activities that are often rustic and challenging by nature, and ensuring that facilities are not only safe, attractive and sustainable but also compatible with resources. Fortunately, there are existing accessibility guidelines for the built environment (buildings, bridges, roads and trails), and draft federal accessibility guidelines for outdoor developed areas that recognize this delicate balance and help us to incorporate physical accessibility into the natural environment. Beyond these guidelines, the principles of “universal design” aid in effective planning and design of future facilities from the ground up with consideration of ease‐of‐use for everyone from children to elders, including people with disabilities. One in five Americans has a disability as it is defined in the Americans with Disabilities Act (ADA). Every person can face some level of difficulty or impairment at some point in their lives. Since the passage of the ADA in 1990, a growing record of legal decisions has provided guidance as to what constitutes disability and how best to provide accommodation. The best policy is not to make assumptions about any particular user’s ability, but to make programs and facilities accessible to the With steps and a ramp, this horse mounting platform at largest population possible. the Otter Creek Trail System in Lewis County provides for many diverse users including children NYS STRATEGIC PLAN FOR STATE FOREST MANAGEMENT 173 CHAPTER 5 PUBLIC/PERMITTED USE UNIVERSAL ACCESS Universal access incorporates multiple layers of inclusion: Physical Inclusion Administrative Inclusion Programmatic Inclusion site/facility scale regional/statewide scale Universal Design People‐first language Access across DEC programs Non‐segregated activity Inclusive outreach • Fishing Access route connections Disability awareness • Hunting and Trapping Accessibility Guidelines Availability of large‐print • Birdwatching • Clear floor space Sign language interpreter • Camping • Surfacing Accessible public meetings • Trails, etc. • Changes in level Focus on abilities • Turning space • Protruding object range • Reach ranges • Operable parts • Signage MANAGEMENT REQUIREMENTS The ADA, along with the Architectural Barriers Act of 1968 (ABA) and the Rehabilitation Act of 1973, Title V, Section 504, have had a profound effect on the manner by which people with disabilities are afforded equality in their recreational pursuits. The ADA is a comprehensive law This campsite at Brasher State Forest in St. Lawrence County features a hardened natural surface that meets or that prohibits discrimination against exceeds width requirements, a universal picnic table with people with disabilities in employment extended tabletop, a fire ring with raised base and thin practices, in the use of public walls, a tent pad, and connection to an accessible path (not transportation, telecommunication shown). facilities, and public accommodations. Title II of the ADA applies to the Department and requires, in part, that reasonable modifications must be made to its services and programs, so that when those services and programs are viewed in their entirety, they are readily accessible to and usable by people with disabilities. This must be done unless such modification would result in a fundamental alteration in the nature of the service, program, or activity or, such modification would create an undue financial or administrative burden on the Department. Since recreation is an acknowledged public accommodation and program of the Department, and because there are services and activities associated with that program, the Department is 174 NYS STRATEGIC PLAN FOR STATE FOREST MANAGEMENT PUBLIC/PERMITTED USE CHAPTER 5 UNIVERSAL ACCESS obligated to comply with the ADA, Title II and ADA Accessibility Guidelines, as well as Section 504 of the Rehabilitation Act. The ADA requires a public entity to thoroughly examine each of its programs and services to determine the level of accessibility provided. This examination involves the identification of all existing programs and services and an assessment to determine the degree of accessibility provided to each. The assessment includes the use of the standards established by Federal Department of Justice Rule as delineated by the Americans with Disabilities Act Accessibility Guidelines (ADAAG) and/or the New York State Uniform Fire Prevention and Building Codes, as appropriate. Inventory and Assessment The level of existing access will be monitored at the regional and statewide level by DEC staff including the statewide Universal Access Coordinator and Regional Access Coordinators. UMPs will also be reviewed to ensure access in appropriate areas across programs and geographic areas. The inventory and assessment of recreational facilities takes place Currently adopted ADAAG establishes guidelines for buildings, through the development of UMPs. like this privy facility on Basswood Pond State Forest in Otsego The need for new or upgraded County facilities will also be addressed within each UMP. The Department is not required to make each of its existing facilities and assets accessible. This plan includes guidelines for the inventory and assessment of all the recreational facilities that support the programs and services available within a particular unit. Existing Guidelines The ADA requires public agencies to employ specific guidelines to ensure that buildings, facilities, programs, and vehicles are accessible to people with disabilities. The Access Board, a federal government agency, has issued the ADAAG for this purpose. The Department of Justice Rule provides authority for these guidelines. Currently adopted ADAAG address the built environment: buildings, ramps, sidewalks, and rooms within buildings. Boating and fishing facilities are addressed under the ADA/ABA amendments of 2004. The Access Board has proposed guidelines to expand the ABA to cover outdoor developed facilities: trails, campgrounds, picnic areas, and beaches on Federal lands. NYS STRATEGIC PLAN FOR STATE FOREST MANAGEMENT 175 CHAPTER 5 PUBLIC/PERMITTED USE UNIVERSAL ACCESS The proposed guidelines are contained in the October 19, 2009 Draft Final Accessibility Guidelines for Outdoor Developed Areas. ADAAG apply to newly constructed structures and facilities and alterations to existing structures and facilities. Further, the guidelines apply to fixed structures or facilities, i.e., those that are attached to the earth or attached to another structure that is attached to the earth. When the Department is planning the construction of new recreational facilities or assets that support them, or the alteration of existing recreational facilities or assets that support them, it must consider providing access to the facilities or elements for people with disabilities. The standards which exist in ADAAG and the ADA/ABA or are contained in the proposed federal guidelines, also provide guidance to achieve modifications to trails, picnic areas, campgrounds (or campsites), and beaches in order to obtain programmatic Labrador Hollow Unique Area in Onondaga County compliance with the ADA. Universal Design Taking ADAAG one step further, the Department can now apply the Principles of Universal Design. Universal design makes products and environments usable by all people, to the greatest extent possible, without the need for adaptation or specialized design. The intent is to do so from the beginning of a project at little or no extra cost. Universal design benefits people of all ages and abilities (Mace 2008). Principles of Universal Design Equitable Use ‐ The design is useful to people with diverse abilities. Flexibility in Use ‐ The design accommodates a wide range of individual preferences & abilities. Simple and Intuitive Use ‐ Use of the design is easy to understand, regardless of the user’s experience, knowledge, language skills or current concentration level. Perceptible Information ‐ The design communicates information effectively to the user, regardless of the conditions or the user’s sensory abilities. Tolerance for Error ‐ The design minimizes hazards and the adverse consequences of accidental or unintended actions. Low Physical Effort ‐ The design can be used efficiently
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