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Self Evaluation/Transition Plans

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

The 2010 Standards for Accessible Design:

Compliance DatesSafe 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 on 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

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

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

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.

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 opportunity 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 organizations 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.

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223 Medical & Long-Term Care Facilities224 Transient Lodging Guest Rooms225 Storage226 Dining Surfaces and Work Surfaces227 Sales and Service228 ..Vending/Change Machines, Mail, Fuel 229 Windows230 Two-Way Communication Systems231 Judicial Facilities232 Detention & Correctional Facilities233 Residential Facilities234 Amusement Rides235 Recreational Boating Facilities236 Exercise Machines and Equipment237 Fishing Piers and Platforms238 Golf Facilities239 Miniature Golf Facilities240 Play Areas241 Saunas and Steam Rooms242 Swimming / Wading Pools, and Spas243 Shooting Facilities with Firing Positions

CHAPTER 2: SCOPING

REQUIREMENTS201 Application202 Existing Buildings and Facilities203 General Exceptions204 Protruding Objects205 Operable Parts206 Accessible Routes207 Accessible Means of Egress208 Parking Spaces209 Passenger Loading Zones & Bus Stops210 Stairways211 Drinking Fountains212 Kitchens, Kitchenettes, and Sinks213 Toilet Facilities and Bathing Facilities214 Washing Machines & Clothes Dryers215 Fire Alarm Systems216 Signs217 Telephones218 Transportation Facilities219 Assistive Listening Systems220 Automatic Teller & Fare Machines221 Assembly Areas222 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 General1002 Amusement Rides1003 Recreational Boating Facilities1004 Exercise Machines and Equipment1005 Fishing Piers and Platforms1006 Golf Facilities1007 Miniature Golf Facilities1008 Play Areas1009 Swimming Pools, Wading Pools, and Spas1010 Shooting Facilities with Firing Positions

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

ExceptionWhere 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

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 AreasGround Level & Elevated Play ComponentsTransfer 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

Protruding Objects: overhead not between 27” & 80”

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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