Swing set added to existing playground

[Mr. Inspector]

2018 IBC 1110.44.13 Play areas containing play components designed and constructed for children shall be located on an accessible route.

A swing set was added to existing playground that is not accessible. IBC/ANSI 117.1-2006 section 1108 on play areas is very complicated.
Does the code require an accessible route to this swing set?

 

[ADAguy]

is there another accessible swing?

 

[Mr. Inspector]

No

 

[ADAguy]

No

Must provide an accessible awing

 

[Mr. Inspector]

There is no awing! Come on guys give me some help!

 

[Msradell]

It boils down to if there is another swing that's accessible it's not required but if there isn't it is required. The same thing applies for any other device, if you have one that is accessible and add another one the new one doesn't need to be accessible but if you add a new type of device it has to be accessible if nothing equivalent to it is accessible.

 

[Mr. Inspector]

Thanks. This new swing set is the only swing set in a playground that has no accessibility route to it at all, up on a hill from a school. It will probably cost 100 times more to build the accessible route to it than the swing set cost. Didn't know if the 20% rule for existing buildings works for this existing play ground

 

[ADAguy]

So, no existing accessible swings?

 

[Mr. Inspector]

So, no existing accessible swings?

There are no other swings and nothing is accessible including the path to the playground or parking spaces.

 

[ADAguy]

So, a not compliant pre ADA playground?
They have a duty to resolve this issue or be exposed to a future complaint being filed with DOJ.

 

[Mr. Inspector]

So, a not compliant pre ADA playground?

Don't do ADA only IBC. Accessible playgrounds were only required starting in the 2018 IBC. Only the swing set was permitted and I am doing the inspection. They told me the playground was built 7 years ago.

I really need help with this but it look's like I have everyone stumped on this one.

 

[ADAguy]

The parallel issue is the is the playgrounds T -II responsibility to remove barriers to access. I know many AHJ's don't want to hear this.