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LOUISIANA TRANSPORTATION CONFERENCE
ADA Self Evaluation &
Transition Plan
Richard Londono, AAIA, CGC, BN
ADAAG CONSULTING SERVICES, LLC
LEED AP® Architecture – Engineering – Construction – Lead EPA Certified
Accessibility and Code Consulting – Expert Witness and Litigation Support Services
Miami - New York - New Orleans - Dallas - Los Angeles
Toll Free: 1(888) 768-7788
E-mail: [email protected]
www.adaag-consulting.com
THE ADA
When and How did this all happen?
Originated Civil Rights Act 1964
Architectural Barriers Act of 1968
Section 504, Rehabilitation Act of 1973
Americans with Disabilities Act (“ADA”) 1990
Substantially Amended (“ADA”) 2010
New 2010 ADA effective date 03/15/12
ADA is a FEDERAL LAW!
Q & A’s How and why do all these ACTS apply to me?
Are you a public entity?
Has your entity received Federal Funds? Stimulus, ARRA, Third Party Recipient, Grants, Infrastructure Stimulus, etc?
Does your entity own, operates, controls or maintains
services, programs or activities (i.e. facilities, parks, public rights-of-way, transportation, emergency shelters, voting locations etc)?
Has your entity constructed, altered or maintained facilities (i.e. mill & cap, streetscape, flatwork,)?
If you answered YES to the Q’s …
The ACTS and LAW apply to you!!
OK…. so what am I REQUIRED to do?
You must have an ADA coordinator. You must have identified your physical barriers to
access in facilities & programs. You must have identified non structural-
communication barriers in your programs and services.
You must have an ADA Title II Transition Plan. You must make it public for 3 years. You must have a grievance - complaint resolution
procedure. You must have a schedule for mitigating barriers to
access. You must have a detailed explanation of methods to
mitigate barriers.
Time for compliance from effective date, January 26, 1992
Deadlines for Compliance ALL by January 26, 1995
Transition Plan ………………………………………. 6 months, July 26, 1992
Self Evaluation ……………………………………… 1 year, January 26, 1993
Transition Plan …………………………………….. 3 years, January 26, 1995
If you haven’t done all of these
You are in violation of FEDERAL LAW
“Title II ADA Subpart B §35.150”
…and open to Department of Justice AND Private Civil Rights Lawsuits
which have cost municipalities millions of $$$ to date
DOJ
LAWSUIT
TARGET
Statistics & Current Affairs
56+ Million Americans with Disabilities
15% of Louisiana’s population is legally disabled (growing “Baby Boomers”)
ON THE LEGAL FRONT
197+ ADA Settlement Agreements to date
92 ongoing DOJ - EEOC - DCA investigations
5000 + ADA private civil rights lawsuits filed
2010 ADA
Effective Dates
Under Design
Construction or Alterations
Applicable Standards
Before September 15,2010 1991 ADAAG Standards or UFAS
September 15, 2010, and before March 15, 2012
1991 Standards ADAAG, UFAS, or 2010 Standards
On or after March 15,2012 2010 ADA Standards
2010 ADA - Highlights
Section 35.151 of 28 CFR Part 35 (i)Curb Ramps (1) Newly constructed or altered streets, roads, &
highways must contain curb ramps or other sloped areas at any intersection having curbs or other barriers to entry from a street level pedestrian walkway.
(2) Newly constructed or altered streets level pedestrian walkways must contain curb ramps or other sloped areas at intersections to streets, roads or highways.
2010 ADA – Scoping
New Scoping & Guidance
-231 Judicial Facilities -232 Detention Facilities -235 Recreational Boating -237 Fishing Piers & Platforms -240 Play Areas -242 Swimming Pools, Wading Pools, and Spas
2010 ADA – Scoping
Section 208.2.4 -Van Parking Spaces. For every six or fraction of six parking spaces required by 208.2 to comply with 502, at least one shall be a van parking space complying with 502.
2010 ADA
-Van Parking Spaces. For every eight or fraction of eight accessible parking spaces required by 208.2
1992 ADA
2010 ADA – Application
Section 102 & Section 604.9
Water Closet & Toilet Compartments for Children’s Use
2010 ADA - Technical Requirements
Section 603: Toilet & Bathing Facilities
§ 604.3.2 No other fixture located within water closet clearance.
1992 ADA
2010 ADA
2010 ADA - Technical Requirements
Section 604.2
The water closet centerline 16” – 18”
2010 ADA - Technical Requirements
Section 703 Signs § 703.4.1 Tactile characters located 48” – 60” AFF
2010 ADA - Technical Requirements
Section 1009 Swimming Pools, Wading Pools, and Spas (temporary suspension):
-2 accessible means of entry: -Pool lifts -Sloped entries -Transfer walls -Transfer systems -Pool stairs
Identified physical and communication barriers to access in facilities & programs (“Self Evaluation”) and Develop your ADA Title II Transition Plan or Update your old Plan to the new 2010 ADA
Establish a yearly ADA Mitigation Budget for New ADA
Improvements or Barrier Removal Program
Identify and Include the mitigation of Barriers into Capital Improvements, Alteration or Maintenance Project
Administer / Monitor your ADA Title II Transition Plan
Steps Towards Compliance
Ultimate Goal!
Be Proactive and not Reactive
Greatest level of accessibility with resources available
Comply with Law
Reduce Liability
Avoid Litigation
Don’t Jeopardize Funding
Don’t become a Statistic!
It’s the Right thing to do!
Guidance: FEDERAL: DOJ: http://www.usdoj.gov Access Board: http://www.access-board.gov DOT: http://www.usdot.gov FHWA: http://www.fhwa.dot.gov NATIONAL ASSOCIATIONS NAAC: http://www.naaconline.org/
SOURCES: ADAAG Title II C.F.R. 28 CFR Part 35 Title II Technical Assistance Manual ADA Title II Action Guide for State & Local Governments Public Rights-of-Way Accessibility Guidelines DRAFT
I’d rather be fishing!
Thank you!
Questions and Comments to:
Richard Londono [email protected]
ADAAG CONSULTING SERVICES, LLC
LEED AP® Architecture – Engineering – Construction – Lead EPA Certified
Accessibility and Code Consulting – Expert Witness and Litigation Support Services
Miami - New York - New Orleans - Dallas - Los Angeles
Toll Free: 1(888) 768-7788
E-mail: [email protected]
www.adaag-consulting.com