October 2019 - Parks & Recreation - 52

N R PA U P DAT E

ADA Compliance
Hot Topics
opics
NRPA Connect, an online network of more than
62,000 park professionals, is where you can get answers to your questions, share your challenges and
discuss trending topics in the field. Check out what
is being discussed this month:
Bounce House Inflatables Policy - With the windand storm-related incidents that have occurred in the
past few years, what is the latest policy on bounce
houses, inflatable slides, water units, etc.? Also, do
you require the vendor company to provide the insurance or the renter to get a separate policy that covers
the city? We require the vendor to provide insurance
but are getting some pushback from local vendors
and elected body members about that requirement.
Several NRPA members offered the following
suggestions:
We require a $1 million general liability insurance that lists the
city as additionally insured, as well as an endorsement. We've
gotten pushback on the endorsement - one local vendor charges
renters an extra $300 for it, despite it already being something
the vendor should have without an extra cost from [its] insurance
company - but we've held to it for the past two years per the
direction of our city attorney.

In addition to the insurance, we require the vendor to use airplane stakes (spiraled to screw in the ground) and agree to shut
down when winds reach 12 mph.

Our insurance carrier explicitly states: " No bounce houses are
permitted on any city properties. " We still see " non-renters " set
up bounce houses, but because they are not under a rental contract with the city, they are deemed fully responsible. We also
have signs in our parks stating no bounce houses are permitted.
Log in to NRPA Connect (www.nrpaconnect.org) today to see more suggestions and policy examples.
Don't forget to download the NRPA Connect App to
get or provide answers to questions on the go.

Parks & Recreation

| O C T O B E R 2 0 1 9 | W W W. PA R K S A N D R E C R E AT I O N . O R G

he Americans with Disabilities Act (ADA) became
effective for NRPA members on January 26, 1992.
Even after 27 years, however, many people still are
not aware of ADA requirements and what they mean
for their organization.

What Is Title II?
Title II of the ADA (www.ada.gov/ada_title_II.htm) " prohibits
discrimination against qualified individuals with disabilities in
all programs, activities and services of public entities. It applies
to all state and local governments, their departments and agencies, and any other instrumentalities or special purpose districts
of state or local governments. " It also requires that every new
facility or site comply with the 2010 Standards (www.ada.gov
/2010ADAstandards_index.htm) and uses the complex " program access test " to determine, for example, how many playgrounds in a city park system must be made accessible.
So, what percentage of playgrounds in a city park system
must be made accessible? Is it 20 percent, 33 percent, 50 percent
or 75 percent? The answer varies from jurisdiction to jurisdiction and is a function of the number of playgrounds, complexity
of the retrofits, resources available and demand for that asset by
people with and without disabilities.

Some Things to Think About
Whether to allow medical or recreational marijuana use is a
current topic of discussion for many states and cities. Medical
marijuana, known to alleviate pain and nausea for complex and
chronic health conditions, is legal in 33 states and the District
of Columbia. So, how will you respond to the family of a child
with a disability that asks, as a reasonable modification, that
your park and recreation staff hold their edible medical marijuana and provide it to them as prescribed? If you have not
thought about this, you should do so before the question arises.
Also, if you are one of the many cities or counties that has yet
to complete an access audit and transition plan, make it a priority for the next fiscal year.

For advice and information about the ADA, contact John McGovern at 224.293.6451 or john.mcgovern@rac-llc.com.

October 2019 - Parks & Recreation

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