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Interesting articles about ADA, FHA, and ABA compliance inspections by ADA Inspections Nationwide, LLC.

Wheelchairs and the US Forest Service Facilities

Information reproduced from the USDA Accessibility Guidebook for Outdoor Recreation and Trails.

Questions often arise concerning the use of wheelchairs or other mobility devices in areas that restrict or prohibit mechanical devices or motorized vehicle use, such as some trails and facilities managed by the US Forest Service.

A person whose disability requires use of a wheelchair or mobility device may use a wheelchair or mobility device that meets both parts of the definition anywhere foot travel is permitted in the National Forest System. But what constitutes a wheelchair?

In Title V, Section 508(c), the legal definition of a wheelchair is: “A device designed solely for use by a mobility impaired person for locomotion that is suitable for use in an indoor pedestrian area.”

This is a two-part definition. “Designed solely to be used by a mobility-impaired person for locomotion” means that the wheelchair was originally designed and manufactured solely to be used for mobility by a person with a disability. The aftermarket retrofit of a motorized unit to make it usable by a person with a disability does not meet this part of the definition.

Wheelchair Use in a Food Court

Wheelchair Use in a Food Court

The second part of the definition requires the device to be “suitable for use in an indoor pedestrian area.” This means usable inside a home, business, courthouse, or other indoor pedestrian area, such as the food court of a mall. See the photo on the right.

Camo Chair for Hunting.jpg

The device must meet both parts of this definition in order for it to qualify as a wheelchair. The photo on the left is representative of a device that meets the definition of a wheelchair.

The photo below is also representative of a device that meets the definition of a wheelchair. Even though both of these last two examples are for outdoor use, they could be used indoors as well.

Trail Wheelchair

Trail Wheelchair

The photo below is an example of a device that does not meet the definition of a wheelchair, primarily because it is not a chair at all, but also because it is designed for outdoor use.

Trail Moped.jpg

SUMMARY: A person whose disability requires use of a wheelchair or mobility device may use a wheelchair or mobility device that meets both parts of the definition anywhere foot travel is permitted in the National Forest System. ADA Standards in Title V, Section 508(c), define a wheelchair and state that wheelchairs meeting that definition may be used in Federal wilderness areas. Wheelchairs or mobility devices, including battery-powered wheelchairs that meet both parts of the definition, aren’t categorized as motor vehicles or mechanical devices.

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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 facility 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.

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