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

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Self Evaluation/Transition Plans

Breakout Session 2,2 Mid-Atlantic ADA Update Conference Liz Savage/Thomas Fodor, USDOJ

The 2010 Standards for Accessible Design:

Compliance Dates Safe Harbor Supplemental Requirements

 Elements that comply with the corresponding requirements for those elements in the 1991 Standards do not need to be modified to meet the 2010 Standards unless those elements are altered

• n or after March 15, 2012.

 Does not apply to those elements in existing facilities that are not subject to specific requirements in the 1991 Standards.

Safe Harbor

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 Amusement Rides;  Recreational Boating Facilities;  Exercise Machines and Equipment;  Fishing Piers and Platforms;  Golf and Miniature Golf Facilities;  Play Areas;  Saunas and Steam Rooms;  Swimming Pools, Wading Pools and Spas;  Shooting Positions with Firing Positions; and  Miscellaneous: Team/Player Seating, Accessible Routes to Bowling Lanes and Court Sports Facilities.

Supplemental Requirements: No Safe Harbor

• Title II of the ADA, and
• Section 504 of the Rehabilitation Act:

recipients of federal financial assistance.

 Equal opportunity 

Integration  Inclusion in planning

ADA: Basic Principles

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No qualified individual with a disability shall, because a public entity’s facilities are inaccessible or unusable,

• Be excluded from participation;
• Be denied benefits of programs;
• Be subjected to discrimination.

Operate each service or activity so that, when viewed in its entirety, it is accessible to and usable by people with disabilities.

 Relocating a service to an accessible facility;  Providing benefits or services at an individual's home, or at an alternative accessible site; and

• Making structural changes.

Program Access - Examples

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Must give priority to methods that provide services, programs, and activities in the most integrated setting appropriate.

 Look at each program or program component – how do

people participate generally?

 Identify locations in specific geographic areas – county

by county, town by town, or neighborhood by neighborhood.

 What services or programs are offered at each location?  Who is the intended audience/customer base?

“When Viewed in Its Entirety”

 Which locations are accessible and to what extent?  How well dispersed are the accessible locations?  How convenient are they?  What are existing barriers to participation?

“When Viewed in Its Entirety” ..cont.

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 Limitations:

Fundamental alteration in the nature of the service,

program, or activity

Undue financial and administrative burdens. BUT, public entities must take any other action that

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.

Program Access

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 Completing an assessment,  developing a plan, and  following through may serve as evidence of a good faith effort to comply.

Self Evaluation/ Transition Plan

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 Assess: current programs, services, policies, and practices.  New programs, policies since initial self-evaluation?

Self-Evaluation

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 Physical barriers: what needs to be done to provide access?  Policies: do they unnecessarily exclude people with disabilities?  Communication: is there a policy to provide effective communication with people with disabilities?

What To Assess

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• Employment policies and procedures: eligibility

criteria or other policies/practices.

• Grievance procedure: has one been developed?

(Required for entities with 50 or more employees.)

• Training: is a program in place to train employees on

the ADA?

What To Assess

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 Seek Input. A public entity shall provide an

• pportunity to interested persons, including

individuals with disabilities or organizations representing individuals with disabilities, to participate in the self-evaluation process by submitting comments.

Self-Evaluation

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 Keep records. A public entity that employs 50 or more

persons shall, for at least three years following completion of the self-evaluation, maintain on file and make available for public inspection:

 (1) A list of the interested persons consulted;  (2) A description of areas examined and any problems

identified; and

 (3) A description of any modifications made.

Self-Evaluation

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Make a Plan:

• Required for any public entity that employs 50 or more

persons;

• Highlight structural changes to facilities needed to

achieve program access;

• Specify the necessary steps to make structural changes.

Transition Plan

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 Seek Input: Give people with disabilities and

• rganizations representing them an opportunity to

submit comments.).  Know. A copy of the transition plan shall be made available for public inspection.

Transition Plan – Cont.

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 At a minimum –

 Identify physical obstacles in facilities

that limit accessibility of programs or activities by people with disabilities;

 Describe in detail the methods that will

be used to make the facilities accessible;

What’s In the Transition Plan?

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• Specify the schedule for the necessary

steps to achieve compliance;

• If transition plan’s time period is longer

than one year, identify steps that will be taken during each year of the transition period; and;

• Indicate the official responsible for

implementation of the plan.

What’s In the Transition Plan? con’t.

T Fodor / DRS

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T Fodor / DRS T Fodor / DRS

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

CHAPTER 2: SCOPING REQUIREMENTS #01 General #01.1 Scope. The provisions of Chapter # shall apply where required by Chapter 2 or where referenced by a requirement in this document.

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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

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1005 Fishing Piers and Platforms

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1005 Fishing Piers & Platforms

• Accessible routes serving fishing piers & 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

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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 1006 Golf Facilities

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1006 Golf Facilities

• Accessible routes serving teeing grounds, practice teeing grounds, putting

greens, practice putting greens, teeing stations at driving ranges, course weather shelters, golf car rental areas, bag drop areas, & course toilet rooms shall comply …

• the clear width of golf car passages shall be 48 inches minimum
• golf cart openings at fairway curbs or barrier: 60” wide min at every 75 yds
• weather shelters to have a clear floor space 60” min by 96” min

1007 Miniature Golf Facilities

1008 Play Areas

Ground Level & Elevated Play Components Transfer systems .. shall have at least one means of support for transferring

• Transfer platforms provided where transfer is intended from

wheelchairs or other mobility aids

• size: level surfaces 14” deep min & 24” wide minimum
• height: 11” min to 18” max to the top of the surface from the ground
• space: 30” x 48” transfer space centered & parallel to the 24” long

transfer platform

• Transfer steps shall have level surfaces 14” deep min & 24” wide min
• height: each transfer step shall be 8” max

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1009 Swimming Pools, Wading Pools, & Spas 1009.2 Pool Lifts 1009.3 Sloped Entries 1009.4 Transfer Walls 1009.5 Transfer Systems

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Protruding Objects:

• verhead
• not between 27” & 80”

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307.2 Protrusion Limits. Objects with leading edges more than 27 inches and not more than 80 inches above the finish floor or ground shall protrude 4 inches maximum horizontally into the circulation path. [or not exceed a continuous vertical slope greater than 1:20 or 5%]

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