Recreation Accessibility Consultants LLC Hoffman Estates, IL August - PowerPoint PPT Presentation

Presented by John N. McGovern. J.D., President Recreation Accessibility Consultants LLC Hoffman Estates, IL August 3, 2012

The ADA, title III, and the Standards The Second Wave of Complaints and Issues Typical ADA Requirements and Pool Lifts Enforcement, State Laws, and Smart Practices Resources

Passed Congress in 1990 Bipartisan support Governments do more than businesses Very few exceptions CRITICAL: applies if entity never used federal $$$

Title I: employers of 15 or more… Title II: 89,000 units of state and local gov’t Title III: 7,000,000 businesses & nonprofits (DEMA members) Title IV: telecommunications Title V: Enforcement

ADA program and policy requirements became effective for the private entities providing public accommodations January 26, 1992 New program and policy requirements became effective for those entities March 15, 2011

36.104 Definitions says: Place of public accommodation means a facility , operated by a private entity , whose operations affect commerce and fall within at least one of the following categories --

1. Place of lodging 2. A restaurant, bar, or other establishment serving food or drink 3. A motion picture house...

4. An auditorium, convention center... 5. A bakery, grocery store... 6. A laundromat, dry cleaner... 7. A terminal, depot...

8. A museum, library... 9. A park, zoo... 10. A nursery, elementary... 11. A day care center, senior center...

12. A gymnasium… health spa... bowling alley… golf course, or other place of exercise or recreation!

What is an OPDMD? Who can take an OPDMD where? What can I ask? What can’t I ask? When was this effective?

What is the Requirement? Section 36.311(b) for businesses and nonprofits MUST modify policies, practices, and procedures to permit use of OPDMD by people with mobility disabilities May impose legitimate safety requirements for safe operation of programs , but must be based on actual risk, not mere speculation, stereotypes, or generalizations about people with disabilities

Think Broadly Here…

…MAYBE NOT Here…

What is a service animal? Who can bring one? Where can they go? What can I ask? What can’t I ask? How does this interface with aquatics?

36.104 definitions says: Religious Entity , means a religious organization, including a place of worship Private club not open to the public…

Applied to new construction occurring after January 26, 1993 Designed or constructed Required readily achievable barrier removal at existing facilities

Governed common spaces such as… Parking Entries Restrooms Hallways Banquet Rooms Bars Alarms Rooms Restaurants

What is readily achievable? Construction tolerance? What is Technical Infeasibility? What is Equivalent Facilitation?

Readily achievable barrier removal is an ongoing obligation. It is defined as “easily accomplishable and able to be carried out without much difficulty or expense”. Big DEMA store? Expect more. Small DEMA store? Expect less.

Install ramps… make curb cuts Adjust shelves… rearrange furniture Elevator buttons marked flashing alarms Widen doors… install offset hinges Levers not knobs… install toilet grab bars

Rearrange toilet partitions insulate pipes Adjust toilet seat height full-length mirror Adjust TP dispenser… Create accessible parking…

Federal agencies and Presidential appointees One purpose and one purpose only Great technical assistance re built environment Webinars are effective, clear, and efficient

1991 Standards did not address recreation sites Access Board starting development in 1993 7 year process playground Guidelines in 2000 Guidelines for pools , spas, fitness, and more in 2002

Four federal agencies can set Standards In 2006 the General Services Administration adopted the Access Board work as a Standard In 2008 the Department of Defense adopted the Access Board work as a Standard In 2010 the Department of Justice adopted the Access Board work as a Standard The Department of Housing has not yet acted

Changes in technical requirements for common spaces Adopts scoping and technical requirements for some but not all recreation spaces Swimming facilities and hot tubs 1. Playgrounds 2. Golf courses 3. Boating and fishing areas 4. Sports fields and courts 5.

NEW pool must have at least one 242.2 primary means of water entry: pool lift (see 1009.2) or sloped entry (see 1009.3) as of March 15, 2012 NEW pool larger than 300 linear feet of pool wall must have 242.2 a secondary means of water access: transfer walls (see 1009.4), transfer systems (see 1009.5), and pool stairs (see 1009.6)

Pool must comply, if readily achievable, with 242.2 primary means of water entry: pool lift (see 1009.2) or sloped entry (see 1009.3) as of January 31, 2013 A 242.2 a secondary means of water access includes transfer walls (see 1009.4), transfer systems (see 1009.5), and pool stairs (see 1009.6)

Pools >300’ linear pool walls must have two means of water entry, one primary and PREFERRABLY one of another type (see 242.2) Pools <300’ linear pool walls must have either a pool lift or sloped entry (242.2 exception 1)

Pool lifts must meet very specific technical requirements at section 1009.2 of 2010 Standards  Must be secured to the deck if NEW  In an existing pool, if securement is not readily achievable a portable lift may be used  Securing the lift assures safety

No vertical access required for diving boards (203.11) or water slides (203.14) , but accessible route to edge of catch pool must be provided Wave action pools, leisure rivers, sand bottom pools, and other limited area of entry pools need one means of access from types below: lift, sloped entry, or transfer system (see 242.2 exception 2)

5% of lockers must be designated accessible No operable parts (hooks, shelf, lock) higher than 48” aff Lock can’t require tight pinching, twisting, grasping Accessible lockers served by compliant bench 17” to 19” aff, 42” long, 20” to 24” deep, and affixed to the wall

Requires Tight Pinching, Twisting, or Grasping?

Parking Exterior Accessible Route (Changes in Level and Gaps) Doors Service Counters Restrooms

Stall width (8’ minimum) Access Aisle (shared…5’, some States say 8’) Slope max 2% in any direction To stripe or not to stripe! Signs (DOT R7-8, fine, van accessible)

Running slope max 5%...if steeper to MAX 8.33% treat as ramp with handrails Cross slope max 2% Connect DEMA store entry to parking, sidewalk Gaps max .5” Changes in level max .25”, .25” to .5” bevel, more than .5” remove

Lever not knob 32” clear width, 80” overhead clearance Maneuvering clearance Closer force, speed

36” wide 36” max high transaction area Keep brochures, products, register off counter Have accessible route 36” wide through store, leading to counter Protruding object 4” range 27” aff to 80” aff

59” by 60” Grab bars on back and wall side of toilet Toilet centerline 16” to 18” from wall edge 17” to 19” aff Flush control on “open” side not wall side Toilet paper 7” to 9” from front of toilet

1. Complete an access audit in 2012, and annually spend on access retrofits 2. Assume that people with disabilities will become customers or members and train staff Create an inclusion toolbox for DEMA Members 3. and be ready when customers have disabilities Start this effort now 4.

US Department of Justice has amped up enforcement Not unusual to see ADA complaint cost the losing defendant $300,000 or more in legal fees

Relief intended to be equitable (36.501(b)) Losing defendant pays costs and legal fees… DOJ can impose fine of up to $50,000 for first offense and $100,000 for second or more… DOJ Project Civic Access settlements with title III entities are at www.ada.gov

Better staff training 1. Be proactive…invite and welcome customers 2. with disabilities Lean towards a “yes” answer 3. 4. Never say “no” without a process Documentation of training, 5. communications, and access retrofits

INVITE internal complaints… ESTABLISH prompt and easy-to- use system… APPLY customer service principles… MAKE staff and customers aware of process

Tax deduction for all businesses of up to $15,000 annually (section 190) Tax credit of $5,000 if businesses has less than $1,000,000 in revenue (section 44)

US Department of Justice at 202/514-0301 or www.ada.gov US Access Board at 202/272-0080 or www.access- board.gov John N. McGovern at Recreation Accessibility Consultants LLC at 224/293-6451 or www.rac-llc.com or john.mcgovern@rac-llc.com