Amusement rides at Title II and Title III facilities must be compliant with the Americans with Disabilities Act (ADA). This article will discuss the ADA scoping requirements for amusement rides in State and local government facilities, public accommodations, and commercial facilities. Technical requirements for amusement rides will be covered in another article. 2010 ADA Standard 234 covers the primary scoping requirements and Standard 1002 covers the technical requirements. The photo on the right is representative of an amusement ride.

But first some definitions from 2010 ADA Standard 106.5.

Amusement ride – A system that moved persons through a fixed course within a defined area for the purpose of amusement.

Amusement ride seat – A seat that is built-in or mechanically fastened to an amusement ride intended to be occupied by one of more passengers.

Amusement Attraction - Any facility, or portion of a facility, located within an amusement park or theme park which provides amusement without the use of an amusement device. Amusement attractions include, but are not limited to, fun houses, barrels, and other attractions without seats.

SCOPING REQUIREMENTS

2010 ADA Standard 234.1, [Amusement Rides] General, states, “Amusement rides shall comply with Standard 234.”

Advisory 234.1, General, states, “These requirements apply generally to newly designed and constructed amusement rides and attractions. A custom designed and constructed ride is new upon its first use, which is the first time amusement park patrons take the ride. With respect to amusement rides purchased from other entities, new refers to the first permanent installation of the ride, whether it is used off the shelf or modified before it is installed. Where amusement rides are moved after several seasons to another area of the park or to another park, the ride would not be considered newly designed or newly constructed.” So Standard 234.1 applies to new amusement rides. Existing amusement rides will be covered below.

“Some amusement rides and attractions that have unique designs and features are not addressed by these requirements. In those situations, these requirements are to be applied to the extent possible. An example of an amusement ride not specifically addressed by these requirements includes “virtual reality” rides where the device does not move through a fixed course within a defined area.” In other words, just because an amusement ride does not fit the profile of a conventional amusement ride, it still has to meet the ADA Standards to the maximum extent possible.

“An accessible route must be provided to these rides.” In other words, an accessible route must be provided to all rides, whether they are accessible or not.

“Where an attraction or ride has unique features for which there are no applicable scoping provisions, then a reasonable number, but at least one, of the features must be located on an accessible route. Where there are appropriate technical provisions, they must be applied to the elements that are covered by the scoping provisions.”

The exception to Standard 234.1 is, “Mobile or portable amusement rides shall not be required to comply with Standard 234.” Mobile or temporary rides are those set up for short periods of time such as traveling carnivals, State and county fairs, and festivals. The amusement rides that are covered by Standard 234.1 are ones that are not regularly assembled and disassembled. However, covered entities are required to provide general nondiscrimination opportunities to individuals with disabilities. An example is that even a temporary mobile or portable amusement attraction must have an accessible route from the site arrival points into the facility.

Not mentioned as an exception is that rides without seats also do not have to comply with Standard 234. Examples of rides without seats includes Tilt-a-Whirl and roller coaster rides for patrons who are standing only.

Elements that comply with the 1991 ADA Standards do not need to be modified to meet the 2010 ADA Standards unless those elements are altered on or after March 15, 2012.

2010 ADA Standard 234.2, [Amusement Rides] Load and Unload Areas, states, “Load and unload areas serving amusement rides shall comply with [Standard] 1002.3.” Standard 1002.3 covers requirements for a turning space. The graphic below is representative of a load (and unload) area for an amusement ride.

The graphic below is representative of turning space options.

2010 ADA Standard 234.3, [Amusement Rides] Minimum Number, states, “Amusement rides shall provide at least one wheelchair space complying with [Standard] 1002.4, or at least one amusement ride seat designed for transfer complying with [Standard] 1002.5, or at least one transfer device complying with [Standard] 1002.6.” The graphic below is representative of an amusement ride with a ride space designed for a wheelchair.

There are three exceptions to [Standard] 234.3.

1. Amusement rides that are controlled or operated by the rider shall not be required to comply with [Standard] 234.3.* Examples of rides controlled by the rider are Bumper Cars and Bumper Boats.

2. Amusement rides designed primarily for children, where children are assisted on and off the ride by an adult, shall not be required to comply with [Standard] 234.3.**

3. Amusement rides that do not provide amusement ride seats shall not be required to comply with [Standard] 234.3.*

*Amusement rides controlled or operated by the rider, designed for children, or rides without ride seats are not required to comply with Standard 234.3 for minimum number of accessible spaces; however, these rides are not exempt from the other provisions in Standard 234 requiring an accessible route to the load and unload areas and to the ride. This exception does not apply to those rides where patrons may cause the ride to make incidental movements, but where the patron otherwise has no control over the ride.

**Minimum Number Exception 2 above is limited to those rides designed primarily for children, where children are assisted on and off the ride by an adult. This exception is limited to those rides designed for children and not for the occasional adult user. An accessible route to and turning space in the load and unload area will provide access for adults and family members assisting children on and off these rides.”

2010 ADA Standard 234.4, Existing Amusement Rides, states, “Where existing amusement rides are altered, the alteration shall comply with [Standard] 234.4.” Routine maintenance, painting, and changing of theme boards are examples of activities that do not constitute an alteration subject to this Standard.

2010 ADA Standard 234.4.1, [Existing Amusement Rides] Load and Unload Areas, states, “Where load and unload areas serving existing amusement rides are newly designed and constructed, the load and unload areas shall comply with [Standard] 1002.3.” Standard 1002.3 requires a turning space in load and unload areas. A graphic above shows the options for a turning space.

2010 ADA Standard 234.4.2, [Existing Amusement Rides] Minimum Number, states, “Where the structural or operational characteristics of an amusement ride are altered to the extent that the amusement ride’s performance differs from that specified by the manufacturer or the original design, the amusement ride shall comply with [Standard] 234.3.” Standard 234.3 requires the ride to have either a wheelchair space on the ride, or a seat designed for transfer, or a transfer device.

Although ADA Standard 234 covers the primary scoping requirements for amusement rides, other scoping Standards also apply as follows.

2010 ADA Standard 206.2.9, [Accessible Routes] Amusement Rides, states, “Amusement rides required to comply with [Standard] 234 shall provide accessible routes in accordance with [Standard] 206.2.9. Accessible routes serving amusement rides shall comply with Chapter 4 except as modified by [Standard] 1002.2.” So this Standard is very similar to Standard 234.1 above. Standard 1002.2 covers route slope and handrails for amusement rides. The graphic below is representative of an accessible route to an amusement ride.

2010 ADA Standard 206.2.9.2 Wheelchair Spaces, Ride Seats Designed for Transfer, and Transfer Devices, states, “When amusement rides are in the load and unload position, wheelchair spaces complying with [Standard] 1002.4, amusement ride seats designed for transfer complying with [Standard] 1002.5, and transfer devices complying with [Standard] 1002.6 shall be on an accessible route.” This is just another way of saying the loading/unloading area, and the transfer devices, have to be on an accessible route.

2010 ADA Standard 206.7.7, [Platform Lifts] Amusement Rides, states, “Platform lifts shall be permitted to provide accessible routes to load and unload areas serving amusement rides.” The graphic below is representative of a platform lift.

2010 ADA Standard 216.12, [Signs] Amusement Rides, states, “Signs identifying the type of access provided on amusement rides shall be provided at entries to queues and waiting lines. [The graphic on the right is representative of a sign for a type of amusement ride that has a wheelchair space.] In addition, where accessible unload areas also serve as accessible load areas, signs indicating the location of the accessible load and unload areas shall be provided at entries to queues and waiting lines.” In other words, where the route to the accessible load area is different for persons with disabilities than for other riders, a sign directing to the load/load area for disabled individuals should be posted similar to that shown below.

Amusement rides designed primarily for children, amusement rides that are controlled or operated by the rider, and amusement rides without seats, are not required to provide wheelchair spaces, transfer seats, or transfer systems, and need not meet the sign requirements in [Standard] 216.12. The load and unload areas of these rides must, however, be on an accessible route and must provide turning space.

Amusement parks and attractions not only have to comply with the ADA Standards for amusement rides, but the parks and attractions also have to comply with the ADA Standards for all Title II and Title III facilities to include parking, exterior routes, drinking fountains, interior routes, dining areas, toilet rooms, assembly areas, sales and service counters, signs in general, assistive listening systems, swimming pools (think river rides, water slides, and wave pools), etc.

SUMMARY

2010 ADA Standard 234 covers the primary scoping requirements for amusement rides. With some exceptions, accessible amusement rides are required to have an accessible route to the ride, an accessible loading and unloading area, and accessible seating in the ride. The amusement rides that are covered by Standard 234 are ones that are not regularly assembled and disassembled. Information about the technical requirements for accessible amusement rides is available in another article.

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If you observe an amusement ride that is not ADA compliant and you would like to know how to proceed, please see the link at What To Do When A Building Is Not ADA Compliant or Accessible.

ADA Inspections Nationwide, LLC, offers ADA/ABA/FHA accessibility compliance inspections for buildings and facilities, as applicable to the different laws, and expert witness services with respect to ADA/ABA/FHA laws for building owners, tenants and managers. Also, ADAIN offers consulting for home modifications as a CAPS consultant for people wishing to age in place in their homes. For a complete list of services please see ADAIN Services.

Thank you.