Youngwood playground found to be in violation of disability act again

Youngwood council has agreed to consider buying a specially designed swing and other items for the new community playground in hopes of satisfying a state regulatory agency.

In June, a state Labor & Industry inspector found the borough did not comply with state construction requirements for the recreation area beside the municipal building.

The inspector said the borough needed a swing that meets Americans with Disability Act requirements. He further found more space is needed for a wheelchair to maneuver at the swing, according to a July 8 letter sent to the borough.

In addition, the inspector wants the borough to have a picnic table where people in wheelchairs can sit.

During a meeting Monday, Councilman Scott Palmquist recommended getting prices and possibly buying the equipment. He suggested council should “appease” the agency “and be done with it.”

President Lloyd Crago, who oversaw the playground committee, has expressed unhappiness with the state agency's findings but agreed to seek prices for a swing and other items.

This is the second time the agency has found the playground to be in violation of construction regulations since the recreation area opened last year.

“They've been at us since day one on this building,” Crago said.

Other playgrounds in the area do not have the swing or the other features mentioned in the letter, yet those recreation areas were not forced to get that equipment, Crago said.

“It's ridiculous. That's my personal opinion,” he added.

The regulatory agency wants the borough to be in compliance by Oct. 9, according to its letter. If not, fines could be imposed, solicitor Elsie Lampl said.

Council has until Aug. 7 to appeal the agency's decisions, she added.

In a related matter, council is considering adopting an ordinance to assume responsibility for inspecting properties using the construction code. The proposal partly stems from the dispute over the playground.

Unlike most municipalities in the state, the borough opted about a decade ago to have Labor & Industry do code inspections in Youngwood, rather than having someone designated by the borough do the reviews.

“You're still following the same rules,” Palmquist said of the proposed ordinance. “It's who does it (the inspections) — the state or (borough).”

If council enacts an ordinance, it will have to appoint an inspector and set up an appeal process.

Council is discussing a proposed housing ordinance for rental properties.

The measure, in the early stages of discussion, could compel annual inspections at a nominal fee for landlords, plus installation of safety devices such as smoke detectors.

In addition, any out-of-state landlord could be required to appoint a representative who lives within 20 miles of Youngwood and can immediately address concerns about the landlord's borough property, according to council's discussion.

In the past, council has expressed concerns about too many tenants living in buildings designed to house fewer people.

Bob Stiles is a staff writer for Trib Total Media. He can be reached at 724-836-6622 or bstiles@tribweb.com.