ADA Workshop. 2 Welcome 3 Overview 4 Florida Paraplegic Association Law Suit filed in the Federal...

transcript

ADA Workshop

Welcome

Overview

• Florida Paraplegic Association• Law Suit filed in the Federal Court

Southern District in 2010• U. S. District Judge dismissed the suit

Overview (Continued)

• Suit was refilled in Federal Court Northern District in 2011

• Plaintive Denny R. Wood• Numerous phone

conversations with Plaintive

• September 2011, traveled to Miami & meet with Plaintive

• No resolution even though state being proactive

• Plaintive & attorney agreed to go to Mediation

• Mediation held December 2011• Agreement partially reached at

Mediation• Plaintive attorney & Cliff Taylor

worked out the balance• Final Agreement reached in

• Failure to remove architectural barriers

• Failure to implement Transition Plans of 1973

• Accessible parking & signage• Adequate ramps with handrails• Signage with Braille

• Water Fountains not meeting ADAAG guidelines

• Accessible toilet stalls for side discharge

• Complaint door hardware• Counters that meet ADAAG

guidelines• No padding under sinks

• Accessible signage• Accessible podiums• Bathroom stalls lack

maneuvering space• Lavatories too high• All dispensers too high

• 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

Settlement Agreements and DMS Timelines

Surveys and Transition Plans

• The Rehabilitation Act of 1973 (Broad Based)

• Section 504 / Entities receiving federal monies

• Non-discrimination employment practices

• 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

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)

• ADA January 26, 1992 (Compliance)

• All newly constructed buildings must be built to new compliance standards

• ADA Standards for Accessible Design

• 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.

• 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

• 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

• 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

The Transition Plan–Large multi-section document– Includes employment,

communications, website development, etc.

– Includes architectural barriers–Assessment of all deficiencies by

category in plan

The Transition Plan (Continued)–Prioritization by importance

• Accessible entrance• Accessible route• Accessible Restrooms• Accessible Telephones• Accessible drinking fountains• Accessible parking, storage & alarms

• 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

Questions and

Answers

Alternate Solutions

Alternative Solutions

• New Construction• Alterations• Reasonable accommodation• Cost VS Accommodation• Alternative Solutions

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

Funding and Procurement

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

Agencies should prepare a Legislative Budget Request

if they need funding to have the survey and

transition plans completed.

Funding/Procurement

Procurement MethodChapter 287.055

Consultant’s Competitive Negotiations Act

Class and Group # 973-070

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.

Funding/Procurement

Contact your Purchasing Office for procurement

guidelines.

Private Leases

Leasing offices should send all landlords letters requesting compliance.

Private Leases

Agencies should determine how long they will allow landlords to submit 504

Transition Plans.

Private Leases

Non-Compliance with requirements should be addressed by agencies

general counsel.

What is Next! Wrap Up!

ADA Workshop. 2 Welcome 3 Overview 4 Florida Paraplegic Association Law Suit filed in the Federal...

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