IHRSA Submits Comments on Proposed ADA Regulations
IHRSA has submitted comments to the United States Department of Justice regarding the federal Access Board's proposed regulations for health club compliance with the Americans with Disabilities Act.
The overwhelming substance of the comments address two particularly vague requirements of the proposed regulations:
1) The proposed regulations require at least one of each type of exercise machine and equipment to comply with the 'clear floor space' regulation. This requirement assumes that most strength training equipment and machines are different types. Where operators provide a biceps curl machine and cable- cross-over machine, both machines would be required to meet the 'clear floor space' regulations, even though an individual may be able to work on their biceps through both types of equipment. It is unclear whether the proposed regulations would require at least one of each type, from each manufacturer, to comply with the 'clear floor space' regulation. In general, 'clear floor and ground space' shall be 30 inches minimum by 48 inches minimum.
2) The proposed regulations are meant to apply to 'newly designed or newly constructed buildings and facilities when they are altered.' Current law, however, requires private entities who own or operate recreation facilities to remove architectural barriers to access in existing facilities where it is 'readily achievable (i.e., easily accomplishable and able to be carried out without much difficulty or expense).' Because most health club equipment is not permanently attached to the floor, it would appear that existing health clubs may be obliged to comply with the new regulations under the 'readily achievable' provision.
Please click here to view a copy of the full submission.
BACKGROUND
In 1990, Congress passed this federal law, which requires companies providing
goods and services to the public to take steps to improve access and ensure
equal opportunity for people with disabilities. Health clubs must be in compliance
in two areas: employment (under Title I) and public accommodation (under Title III).
IHRSA's Position
Outlook
IHRSA is leading the fight to win reasonable accommodations under
the ADA.
IHRSA is an active participant in a Washington, DC coalition
representing tens of thousands of small
business owners. In 2001, IHRSA filed written comments
and testified before the ADA Access Board
about proposed changes that would require health clubs to make costly
accessibility changes when undertaking alterations or new construction.
IHRSA's efforts have paid off as the Board agreed to modify its accessibility guidelines, which were
released in the fall of 2002 (see below).
