Safe Harbor The 2010 Standards for Elements that comply with the - PowerPoint PPT Presentation

8/29/2018 Safe Harbor The 2010 Standards for  Elements that comply with the corresponding requirements for those elements in the 1991 Self Evaluation/Transition Plans Accessible Design: Standards do not need to be modified to meet the 2010 Standards unless those elements are altered on or after March 15, 2012. Breakout Session 2,2 Compliance Dates  Does not apply to those elements in existing Mid-Atlantic ADA Update Conference Safe Harbor facilities that are not subject to specific Liz Savage/Thomas Fodor, USDOJ Supplemental Requirements requirements in the 1991 Standards. 1 1

8/29/2018 Supplemental Requirements: No Safe Harbor ADA: Basic Principles  Amusement Rides;  Recreational Boating Facilities; • Title II of the ADA, and  Exercise Machines and Equipment;  Equal opportunity  Fishing Piers and Platforms;  Golf and Miniature Golf Facilities; • Section 504 of the Rehabilitation Act:  Play Areas;  Integration recipients of federal financial assistance.  Saunas and Steam Rooms;  Swimming Pools, Wading Pools and Spas;  Inclusion in planning  Shooting Positions with Firing Positions; and  Miscellaneous: Team/Player Seating, Accessible Routes to Bowling Lanes and Court Sports Facilities. 2

8/29/2018 Program Access - Examples No qualified individual with a disability shall, because a  Relocating a service to an accessible facility; public entity’s facilities are inaccessible or unusable , Operate each service or activity so that,  Providing benefits or services at an individual's • Be excluded from participation; when viewed in its entirety , • Be denied benefits of programs; home, or at an alternative accessible site; and it is accessible to and usable by people • Be subjected to discrimination. with disabilities. • Making structural changes. 3

8/29/2018 “When Viewed in Its Entirety” “When Viewed in Its Entirety” ..cont.  Which locations are accessible and to what extent?  Look at each program or program component – how do people participate generally?  How well dispersed are the accessible locations? Must give priority to methods that  Identify locations in specific geographic areas – county provide services, programs, and activities  How convenient are they? by county, town by town, or neighborhood by in the most integrated setting neighborhood.  What are existing barriers to participation? appropriate.  What services or programs are offered at each location?  Who is the intended audience/customer base? 4

8/29/2018 Self Evaluation/ Transition Plan Program Access Self-Evaluation  Limitations:  Completing an assessment,  Fundamental alteration in the nature of the service,  developing a plan, and  Assess: current programs, services, policies, and program, or activity practices.  Undue financial and administrative burdens.  following through may serve as evidence of a good faith effort to comply.  BUT, public entities must take any other action that  New programs, policies since initial self-evaluation? would ensure that individuals with disabilities receive the benefits or services.  May not carry an individual with a disability as a method of providing program access, except in “manifestly exceptional” circumstances. 14 15 5

8/29/2018 What To Assess What To Assess Self-Evaluation  Physical barriers: what needs to be done to provide • Employment policies and procedures: eligibility  Seek Input. A public entity shall provide an access? criteria or other policies/practices. opportunity to interested persons, including individuals with disabilities or organizations  Policies: do they unnecessarily exclude people with representing individuals with disabilities, to • Grievance procedure: has one been developed? disabilities? participate in the self-evaluation process by ( Required for entities with 50 or more employees.)  Communication: is there a policy to provide effective submitting comments. communication with people with disabilities? • Training: is a program in place to train employees on the ADA? 16 17 18 6

8/29/2018 Self-Evaluation Transition Plan Transition Plan – Cont.  Keep records. A public entity that employs 50 or more  Seek Input: Give people with disabilities and Make a Plan: persons shall, for at least three years following organizations representing them an opportunity to completion of the self-evaluation, maintain on file and • Required for any public entity that employs 50 or more submit comments.). make available for public inspection: persons;  (1) A list of the interested persons consulted;  Know. A copy of the transition plan shall be made • Highlight structural changes to facilities needed to available for public inspection.  (2) A description of areas examined and any problems achieve program access; identified; and • Specify the necessary steps to make structural changes.  (3) A description of any modifications made. 19 20 21 7

8/29/2018 What’s In the Transition Plan? con’t . What’s In the Transition Plan?  At a minimum – • Specify the schedule for the necessary steps to achieve compliance;  Identify physical obstacles in facilities that limit accessibility of programs or • If transition plan’s time period is longer than one year, identify steps that will be activities by people with disabilities; taken during each year of the transition period; and;  Describe in detail the methods that will be used to make the facilities accessible; • Indicate the official responsible for implementation of the plan. 22 23 T Fodor / DRS 8

8/29/2018 CHAPTER 2 : SCOPING REQUIREMENTS 201 Application 223 Medical & Long-Term Care Facilities 202 Existing Buildings and Facilities 224 Transient Lodging Guest Rooms 203 General Exceptions 225 Storage CHAPTER 2 : SCOPING REQUIREMENTS 204 Protruding Objects 226 Dining Surfaces and Work Surfaces 205 Operable Parts 227 Sales and Service 206 Accessible Routes 228 ..Vending/Change Machines, Mail, Fuel #01 General 207 Accessible Means of Egress 229 Windows 208 Parking Spaces 230 Two-Way Communication Systems 209 Passenger Loading Zones & Bus Stops 231 Judicial Facilities #01.1 Scope. 210 Stairways 232 Detention & Correctional Facilities 211 Drinking Fountains 233 Residential Facilities 212 Kitchens, Kitchenettes, and Sinks 234 Amusement Rides 213 Toilet Facilities and Bathing Facilities 235 Recreational Boating Facilities The provisions of Chapter # shall apply 214 Washing Machines & Clothes Dryers 236 Exercise Machines and Equipment where required by Chapter 2 or where 215 Fire Alarm Systems 237 Fishing Piers and Platforms 216 Signs 238 Golf Facilities referenced by a requirement in this document. 217 Telephones 239 Miniature Golf Facilities 218 Transportation Facilities 240 Play Areas 219 Assistive Listening Systems 241 Saunas and Steam Rooms 220 Automatic Teller & Fare Machines 242 Swimming / Wading Pools, and Spas 221 Assembly Areas 243 Shooting Facilities with Firing Positions 222 Dressing, Fitting, and Locker Rooms T Fodor / DRS T Fodor / DRS 9

8/29/2018 T Fodor / DRS T Fodor / DRS T Fodor / DRS 10

8/29/2018 CHAPTER 10 : RECREATION FACILITIES 1001 General 1002 Amusement Rides 1003 Recreational Boating Facilities 1004 Exercise Machines and Equipment 1005 Fishing Piers and Platforms 1006 Golf Facilities 1007 Miniature Golf Facilities 1008 Play Areas 1009 Swimming Pools, Wading Pools, and Spas 1010 Shooting Facilities with Firing Positions T Fodor / DRS 11

8/29/2018 1005 Fishing Piers & Platforms  Accessible routes serving fishing piers & platforms, 1005 Fishing Piers and Platforms including gangways and floating piers, shall comply.  At least 25 % of any railings, guards, or handrails shall be 34” max. above the ground or deck surface.  Guards or railings complying with IBC are not required to comply with the prior provision or a 34” rail height.  Edge protection, 2” min curbs or barriers, and turning spaces are required. 1003 Recreational Boating Facilities T Fodor / DRS 12

8/29/2018 1006 Golf Facilities 1003 Recreational Boating Facilities Exception Where the total length of a gangway or series of gangways serving as part of a required accessible route is 80 feet min, it shall not be required to limit the running slope to 1:12 T Fodor / DRS T Fodor / DRS 13

8/29/2018 1006 Golf Facilities 1008 Play Areas  Accessible routes serving teeing grounds, practice teeing grounds, putting Ground Level & Elevated Play Components greens, practice putting greens, teeing stations at driving ranges, course Transfer systems .. shall have at least one means of support for transferring weather shelters, golf car rental areas, bag drop areas, & course toilet  Transfer platforms provided where transfer is intended from rooms shall comply … wheelchairs or other mobility aids  the clear width of golf car passages shall be 48 inches minimum  size: level surfaces 14” deep min & 24” wide minimum  golf cart openings at fairway curbs or barrier: 60” wide min at every 75 yds  height: 11” min to 18” max to the top of the surface from the ground  weather shelters to have a clear floor space 60” min by 96” min  space: 30” x 48” transfer space centered & parallel to the 24” long transfer platform 1007 Miniature Golf Facilities  Transfer steps shall have level surfaces 14” deep min & 24” wide min  height: each transfer step shall be 8” max 14