ADA Workshop
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Welcome
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Overview
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Overview
• Florida Paraplegic Association• Law Suit filed in the Federal Court
Southern District in 2010• U. S. District Judge dismissed the suit
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Overview (Continued)
• Suit was refilled in Federal Court Northern District in 2011
• Plaintive Denny R. Wood• Numerous phone
conversations with Plaintive
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Overview (Continued)
• September 2011, traveled to Miami & meet with Plaintive
• No resolution even though state being proactive
• Plaintive & attorney agreed to go to Mediation
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Overview (Continued)
• Mediation held December 2011• Agreement partially reached at
Mediation• Plaintive attorney & Cliff Taylor
worked out the balance• Final Agreement reached in
2012
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Overview (Continued)
• Failure to remove architectural barriers
• Failure to implement Transition Plans of 1973
• Accessible parking & signage• Adequate ramps with handrails• Signage with Braille
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Overview (Continued)
• Water Fountains not meeting ADAAG guidelines
• Accessible toilet stalls for side discharge
• Complaint door hardware• Counters that meet ADAAG
guidelines• No padding under sinks
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Overview (Continued)
• Accessible signage• Accessible podiums• Bathroom stalls lack
maneuvering space• Lavatories too high• All dispensers too high
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Overview (Continued)
• Communications requirements not correct
• Almost 5,000 buildings over 3,000 S.F.
• Almost 25 million S.F. private sector leases
• Other state agencies not in compliance
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Settlement Agreements and DMS Timelines
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Surveys and Transition Plans
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Surveys and Transition Plans
• The Rehabilitation Act of 1973 (Broad Based)
• Section 504 / Entities receiving federal monies
• Non-discrimination employment practices
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Surveys and Transition Plans
• Americans with Disabilities Act of 1990 (ADA)
• ADA built upon Section 504 of 1973 Act• Included all state & local governmentso Even if no federal monies were acceptedo Includes any public access in the private
sector
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Surveys and Transition Plans
The ADA has five separate titles:
• Title I Specifically for Employment • Title II specifically for state & local
government• U. S. Department of Justice enforces
Title I & II• ADAAG (U. S. Access Board)
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Surveys and Transition Plans
• ADA January 26, 1992 (Compliance)
• All newly constructed buildings must be built to new compliance standards
• ADA Standards for Accessible Design
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Surveys and Transition Plans
• Altered (Renovation) after January 26, 1992
• Changing carpet, moving walls, new toilets, parking spaces
• Part of building altered (Must create accessible path to it)– i.e. – toilets, water fountains, door-
ways, etc.
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Surveys and Transition Plans
• Section 504 requires the appointment of a “Coordinator”
• Self Evaluation is absolutely mandatory
• What is covered under Section 504– All policies– All practices– All procedures– All architectural barriers
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Surveys and Transition Plans
• New Construction– Comply with 2012 Florida Accessibility
Code• Alterations
– Comply with 2012 Florida Accessibility Code
• Safe Harbor– If altered with 1991 ADA standard, No
action required for 2012 standard
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• Historic Preservation• Alterations to a qualified historic
building must comply with ADAAG• Under ADAAG 4.1.7(2) would destroy
or damage historic significance• In this case alternative requirements
may be used
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The Transition Plan–Large multi-section document– Includes employment,
communications, website development, etc.
– Includes architectural barriers–Assessment of all deficiencies by
category in plan
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The Transition Plan (Continued)–Prioritization by importance
• Accessible entrance• Accessible route• Accessible Restrooms• Accessible Telephones• Accessible drinking fountains• Accessible parking, storage & alarms
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Surveys and Transition Plans
• The Transition Plan (Continued)–Disproportionate cost accessible
route (20%)– By category, prioritization, cost,
date–Tracking of completion of corrective
actions• Make plans accessible in each
facility• Recommend posting them on
agency website
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Questions and
Answers
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Alternate Solutions
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Alternative Solutions
• New Construction• Alterations• Reasonable accommodation• Cost VS Accommodation• Alternative Solutions
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Alternative Solutions
• Door turning room / automatic door
• Non-accessible restroom / signage directing to another
• If direct route is not accessible / change route and use new signage
• If door does not meet accessible width / use signage & direct to alternant door
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Funding and Procurement
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COSTSThe estimated cost to
acquire service from an outside vendor is calculated at .07 per SF for buildings and .02 per SF for the 504
Transition Plan.
Funding/Procurement
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Funding/Procurement
Agencies should prepare a Legislative Budget Request
if they need funding to have the survey and
transition plans completed.
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Funding/Procurement
Procurement MethodChapter 287.055
Consultant’s Competitive Negotiations Act
Class and Group # 973-070
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Funding/Spending
Awarded vendors must be architects licensed to
practice in Florida accordance with Chapter
418, Florida Statutes by the Department of Business and
Professional Regulation.
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Funding/Procurement
Contact your Purchasing Office for procurement
guidelines.
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Private Leases
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Private Leases
Leasing offices should send all landlords letters requesting compliance.
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Private Leases
Agencies should determine how long they will allow landlords to submit 504
Transition Plans.
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Private Leases
Non-Compliance with requirements should be addressed by agencies
general counsel.
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What is Next! Wrap Up!