Interim Rules & Regulations

Interim Rules and Regulations Implementing U.S. Department of Justice (DOJ) Amendment to the American with Disabilities Act (ADA) Regulations Regarding the Use of Wheelchairs and Other Power Driven Mobility Devices 28 CFR part 35 .

Purpose
The purpose of these Interim Regulations is to implement the DOJ regulations regarding the use of wheelchairs and other power driven mobility devices in Charleston County Park & Recreation Commission facilities.

Wheelchair Definition & Use
The Charleston County Park & Recreation Commission allows individuals with mobility disabilities to use wheelchairs as defined by the DOJ and manual-powered mobility aids such as walkers, crutches, canes, braces, or other similar devices in all CCPRC administered areas open to pedestrian use.
Accessible Trails
The DOJ defines a wheelchair as a manual-operated or power-driven device designed primarily for use by an individual with a mobility disability for the main purpose of indoor or of both indoor and outdoor locomotion.

Other Powered Mobility Device Definition & Use
The Charleston County Park & Recreation Commission is currently assessing potential classes of Other Power Driven Mobility Devices (OPDMD) for use in our facilities. These means of transport are designed to operate in areas without defined pedestrian routes and can include devices such as Segways, golf cars, all-terrain vehicles and other devices. In accordance with the DOJ regulations, CCPRC will assess the following factors:
  • Size, weight, dimensions, and speed of the device
  • The facility’s volume of pedestrian traffic
  • The facility’s design and operational characteristics
  • Whether legitimate safety requirements can be established to permit the safe operation of the OPDMD at the facility
  • The potential for serious harm to environmental, natural and cultural resources, based on preliminary assessments and an issuance of a final policy
OPDMD devices may be used in CCPRC facilities as set forth below:

Paved & Aggregate Trails on Charleston County Park & Recreation Commission Lands
Electric personal assistance mobility devices (e.g., Segways), electric-assisted bicycles and electric-powered scooters, tracked mobility chairs, or tricycles that are designed to transport a single individual with a disability as a substitute for walking, may be used by a person with a mobility impairment on all paved and aggregate surfaced trails, including access routes to CCPRC buildings and facilities. These devices may be used in open picnic shelters when safe and prudent to do so, and in no case may exceed 10 miles per hour. Gas powered ATVs and golf carts are not recognized as power driven mobility devices for park trails, bike paths, or shared use trails in CCPRC facilities.

OPDMD Use Documentation
CCPRC will not ask an individual using a wheelchair or OPDMD device questions about the nature and extent of the individual’s disability. CCPRC may ask a person proposing to use an OPDMD device to provide documentation that the device is required because of a disability. To be eligible to use an OPDMD in CCPRC facilities, individuals must show a valid State issued disability parking placard or card, or State-issued proof of disability, or make a verbal representation of mobility impairment not contradicted by facts observed.

Special Circumstances Permission
Except as set forth above, the use of OPDMDs on CCPRC facilities is prohibited. In special circumstances, CCPRC may issue permission to use an OPDMD in areas otherwise prohibited if it determines that a unique situation applies and special conditions can be placed on the use that would make it safe to operate the OPDMD or prevent harm to the environment or natural or cultural resources. In these situations, special circumstances permission should be requested 7 days in advance of arrival date if possible to ensure adequate time to process.

Complaint & Appeal Process
Submit an appeal in writing to the Charleston County Park & Recreation Commission’s ADA Coordinator: