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ADA Workshop

ADA Workshop. Welcome. Overview. 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

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ADA Workshop

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Presentation Transcript

  1. ADA Workshop

  2. Welcome

  3. Overview

  4. Overview • Florida Paraplegic Association • Law Suit filed in the Federal Court Southern District in 2010 • U. S. District Judge dismissed the suit

  5. Overview (Continued) • Suit was refilled in Federal Court Northern District in 2011 • Plaintive Denny R. Wood • Numerous phone conversations with Plaintive

  6. Overview (Continued) • September 2011, traveled to Miami & meet with Plaintive • No resolution even though state being proactive • Plaintive & attorney agreed to go to Mediation

  7. Overview (Continued) • Mediation held December 2011 • Agreement partially reached at Mediation • Plaintive attorney & Cliff Taylor worked out the balance • Final Agreement reached in 2012

  8. Overview (Continued) • Failure to remove architectural barriers • Failure to implement Transition Plans of 1973 • Accessible parking & signage • Adequate ramps with handrails • Signage with Braille

  9. 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

  10. Overview (Continued) • Accessible signage • Accessible podiums • Bathroom stalls lack maneuvering space • Lavatories too high • All dispensers too high

  11. 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

  12. Settlement Agreements and DMS Timelines

  13. Surveys and Transition Plans

  14. Surveys and Transition Plans • The Rehabilitation Act of 1973 (Broad Based) • Section 504 / Entities receiving federal monies • Non-discrimination employment practices

  15. Surveys and Transition Plans • Americans with Disabilities Act of 1990 (ADA) • ADA built upon Section 504 of 1973 Act • Included all state & local governments • Even if no federal monies were accepted • Includes any public access in the private sector

  16. 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)

  17. 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

  18. 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.

  19. 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

  20. 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

  21. 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

  22. The Transition Plan • Large multi-section document • Includes employment, communications, website development, etc. • Includes architectural barriers • Assessment of all deficiencies by category in plan

  23. The Transition Plan (Continued) • Prioritization by importance • Accessible entrance • Accessible route • Accessible Restrooms • Accessible Telephones • Accessible drinking fountains • Accessible parking, storage & alarms

  24. 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

  25. Questions and Answers

  26. Alternate Solutions

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

  28. 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

  29. Funding and Procurement

  30. Funding/Procurement COSTS The 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.

  31. Funding/Procurement Agencies should prepare a Legislative Budget Request if they need funding to have the survey and transition plans completed.

  32. Funding/Procurement Procurement Method Chapter 287.055 Consultant’s Competitive Negotiations Act Class and Group # 973-070

  33. 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.

  34. Funding/Procurement Contact your Purchasing Office for procurement guidelines.

  35. Private Leases

  36. Private Leases Leasing offices should send all landlords letters requesting compliance.

  37. Private Leases Agencies should determine how long they will allow landlords to submit 504 Transition Plans.

  38. Private Leases Non-Compliance with requirements should be addressed by agencies general counsel.

  39. What is Next! Wrap Up!

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