2010 ADA Standards for Recreational Facilities

As the Governmental Relations Committee has been forewarning golf course superintendent’s and general managers the new 2010 ADA Regulations for Recreational Facilities goes into effect on March 15, 2012. This may impact your golf facility.

This new 2010 law covers the following golf facilities:

Title II covers golf course facilities overseen or operated by a governmental body (city, state, or federal). A transition ADA compliance plan should already be in effect at these facilities.

Title III covers privately owned or private country club golf facilities that are accessible to the public (private clubs who host outside golf tournaments or social functions fall into this category). A work plan should be in effect before March 15, 2012 or as soon as possible after the law goes into effect.

If you are a completely private club (no public access) such as California Golf Club or Cypress Point Club then you do not need to meet the new 2010 ADA Regulations. Their status protects them from having to comply with the law. However Augusta National Golf Club (home of the Masters) has to because they host an outside golf tournament every spring.

To comply with the 2010 American with Disabilities Act (ADA) Standards for Accessible Design and Recreational Access as well as California’s Code of Regulations (Title 24) and avoid the possibility of a complaint driven lawsuit from a disabled person or advocacy group trying to access your golf facility each Title II and Title III golf facility must provide a defined continuous path of travel throughout their entire facility: parking lot, practice areas, buildings, golf course and on-course amenities. If there are barriers to a continuous path of travel they must be removed, or a plan to remove them (Title II Transition Plan and Title III Work Plan) Each barrier poses the possibility of a lawsuit. There is a monetary value for each violation. There are also new regulations in effect for new construction at golf facilities that you must comply with the 2010 ADA Standards for Accessible Design.

There is no grandfathered “in” clause.

40% of the federal ADA lawsuits originate in California (San Diego and the Bay Area are hot beds for ADA litigation). Since the ADA is a complaint driven law “drive by” litigation can take place without your knowledge. If you do not meet the ADA requirements of a sink, drinking fountain, ball washer, or access to a teeing ground on your golf course, or aisle width, counter height, dressing room bench height in your pro shop (just to mention a few of the regulations) you could be subject to a law suit.

What can you do? You can access the 2010 ADA Recreational Guidelines at ada.gov/regs2010 and see where your facility may be in violation. The GCSAA, Access Board and USGA Green Section also have produced information on becoming ADA compliant. You can use this information to audit your own facility.

In many instance golf facilities are using ADA golf course consultants to produce Transition and Work Plans to meet ADA regulations. Contact Jim Alwine Governmental Relations Co-Chairman, sgccturf@sbcglobal.net, for some referrals to these services. Make sure they are advocates for you.

In regards to the necessity of providing an adaptive golf car at your golf facility it might be a good idea to begin planning to do so. This is not part of the current 2010 ADA law as of yet but is currently being discussed by the Department of Justice and a decision is due out soon.

Jim Ferrin, CGCS

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