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Standards Kat Jackson Accessibility Specialist Disability Rights - PDF document

Apr 07, 2023 •332 likes •768 views

5/3/2016 Title II and Title III ADA Regulations and the 2010 ADA Standards Kat Jackson Accessibility Specialist Disability Rights Section U. S. Department of Justice Coverage Title II: Prohibits discrimination by State and Local

  1. 5/3/2016 Title II and Title III ADA Regulations and the 2010 ADA Standards Kat Jackson Accessibility Specialist Disability Rights Section U. S. Department of Justice Coverage Title II: Prohibits discrimination by State and Local government entities Title III: Prohibits discrimination by public accommodations 1

  2. 5/3/2016 General Prohibitions Against Discrimination § 35.130 and § 36.201 No qualified individual with a disability shall, on the basis of disability, be excluded from participation in or be denied the benefits of the services, programs, or activities... Title II and III Regulations 2

  3. 5/3/2016 DOJ ’ s 2010 ADA Standards Appendices B and D to 36 CFR part 1191 (2009) -- 2004 ADA Guidelines... and the requirements contained in § 35.151 and subpart D of 28 CFR part 36 2010 Standards at ADA.gov 3

  4. 5/3/2016 2010 Standards Applies... • New Construction • Alterations • State and local government facilities -- Physical Changes for Program Accessibility • Public accommodations -- Readily Achievable Barrier Removal Title II Compliance Date for New Applicable Standards Construction or Alterations Before September 15, 2010 1991 Standards or UFAS On or after September 15, 1991 Standards, UFAS, or 2010, and before March 15, 2010 Standards 2012 On or after March 15, 2012 2010 Standards 4

  5. 5/3/2016 Title III Compliance Dates for Applicable Standards New Construction and Alterations On or after January 26, 1991 Standards 1993, and before September 15, 2010 On or after September 15, 1991 Standards or 2010 2010, and before March 15, Standards 2012 On or after March 15, 2012 2010 Standards Program Accessibility § 35.150 • A public entity shall operate each service, program, or activity so that the service, program, or activity, when viewed in its entirety, is readily accessible to and usable by individuals with disabilities 5

  6. 5/3/2016 Readily Achievable Barrier Removal § 36.304 • Remove architectural barriers in existing facilities where removal is readily achievable, i.e. easily accomplishable and able to be carried out without much difficulty or expense Built or Altered to 1991 Standards or UFAS... 6

  7. 5/3/2016 Safe Harbor: Existing Facilities Elements that comply with the corresponding requirements for those elements in the 1991 Standards or UFAS do not need to be modified to meet the 2010 Standards unless they are altered on or after March 15, 2012. Not Subject to Safe Harbor § 35.150(b)(2)(ii) (A) Residential facilities and dwelling units (B) Amusement rides (C) Recreational boating facilities (D) Exercise machines and equipment (E) Fishing piers and platforms (F) Golf facilities (G) Miniature golf facilities 7

  8. 5/3/2016 Not Subject to Safe Harbor § 35.150(b)(2)(ii) (H) Play areas (I) Saunas and steam rooms (J) Swimming pools, wading pools, and spas (K) Shooting facilities with firing positions (L) Miscellaneous (1) Team or player seating (2) Accessible route to bowling lanes (3) Accessible route in court sports facilities 35.133 & 36.211 Maintenance of Accessible Features 8

  9. 5/3/2016 Section 303.3 Ramp Over Electrical Cover 9

  10. 5/3/2016 Alterations, Maintenance? Temporary Accessible Route... 10

  11. 5/3/2016 Applying the ADA Regulations and ADA Standards Title II & III 2010 ADA Standards A Kit of Parts... § 35.151 or subpart D of 28 CFR part 36 Chapter 1 (reference standards, defined terms, etc...) Chapter 2 Scoping Requirements Chapters 3 - 10 Technical Requirements Requirements Not Duplicated... 11

  12. 5/3/2016 DOJ Regulation Text in 2010 Standards Read with... Search for [See additional requirements...] 2010 Standards -- 2004 ADAAG 12

  13. 5/3/2016 Section 201.1 Scope All areas of newly designed and newly constructed buildings and facilities and altered portions of existing buildings and facilities shall comply with these requirements. Section 201.2 Application Based on Building or Facility Use. Where a site, building, facility, room, or space contains more than one use, each portion shall comply with the applicable requirements for that use. 13

  14. 5/3/2016 Section 202.3 Alterations Where existing elements or spaces are altered, each altered element or space shall comply with the applicable requirements of Chapter 2. Check definition of Alteration at section 106.5... Section 202.5 Alterations to Qualified Historic Buildings and Facilities Alterations to a qualified historic building or facility shall comply with 202.3 and 202.4. Read with 28 CFR 35.151 and 28 CFR 36.405 14

  15. 5/3/2016 What Applies Here? Accessible Route? 15

  16. 5/3/2016 Signs and Maintenance? Section 206 Accessible Routes 206.3 Location Accessible routes shall coincide with or be located in the same area as general circulation paths. Where circulation paths are interior, required accessible routes shall also be interior. 16

  17. 5/3/2016 Where ’ s the Accessible Route? 206.3 Location 17

  18. 5/3/2016 206.3 Location? Safe Harbor? Accessible Parking Curb Ramp Accessible Parking 208 & 502 18

  19. 5/3/2016 Five-foot Access Aisle Width of van spaces = 132 inches minimum Five-foot Access Aisle Exception to 502.2 allows van spaces to be min. 96 inches wide with a min. 96 inch wide access aisle Width of car spaces = 96 inches minimum 19

  20. 5/3/2016 Accessible Parking Signs Section 502.6 Identification 60 inches min. Safe Harbor? 20

  21. 5/3/2016 216.6 Entrances Where not all entrances comply with 404, entrances complying with 404 shall be identified by the International Symbol of Accessibility complying with 703.7.2.1. Directional signs complying with 703.5 that indicate the location of the nearest entrance complying with 404 shall be provided at entrances that do not comply with 404. New Entrance -- Existing Building 21

  22. 5/3/2016 What About? Barrier Removal… 22

  23. 5/3/2016 405.9 Edge Protection 2010 Standards Chapter 3 Building Blocks 48 inches max -- 15 inches min 23

  24. 5/3/2016 Chapter 3: Building Blocks 302 Floor or Ground Surfaces 303 Changes in Level 304 Turning Space 305 Clear Floor or Ground Space 306 Knee and Toe Clearance 307 Protruding Objects 308 Reach Ranges 309 Operable Parts Building Blocks 24

  25. 5/3/2016 Clear Floor Space? 307 Protruding Objects 25

  26. 5/3/2016 Recessed Hand Dryer Surface Mount Hand Dryer 26

  27. 5/3/2016 Detectable Rail What About? 27

  28. 5/3/2016 307 Protruding Objects Permanent Railing 28

  29. 5/3/2016 Protruding Objects Protruding Object? 29

  30. 5/3/2016 213 & Chapter 6: Toilet and Bathing Facilities Location? 30

  31. 5/3/2016 228 Scoping? 309 Operable Parts? 604.7 Dispenser Outlet Location 31

  32. 5/3/2016 609.3 Spacing What About? 32

  33. 5/3/2016 What About? Automatic Flush Valve… 33

  34. 5/3/2016 Signs and Signage 216 and 703 Types of Permanent Signs Permanent Rooms Directional or and Spaces Informational Tactile Characters Visual Characters Only 34

  35. 5/3/2016 Tactile Signs Raised Characters and Braille Location of Tactile Signs Pull Side 35

  36. 5/3/2016 Tactile Signs -- Push Side 703.4.2 Location EXCEPTION: Signs with tactile characters shall be permitted on the push side of doors with closers and without hold- open devices. What About? 36

  37. 5/3/2016 What About? Dining and Work Surfaces 226 and 902 37

  38. 5/3/2016 What About? What About? 38

  39. 5/3/2016 High Top Tables... Equipment -- Not Fixed or Built-In 39

  40. 5/3/2016 Public Computers Public Computers 40

  41. 5/3/2016 Booth Seating No accessible booth Remove booth seat at end Dining Tables Pedestal in clear floor space Base of accessible table 41

  42. 5/3/2016 What About? CONTACT Kat Jackson 202 - 514 - 0605 kat.jackson@usdoj.gov 42

  43. 5/3/2016 Questions ? 43

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