ADA Design and Compliance Services Brochure

The Americans with Disabilities Act (ADA)Are you compliant?A Guide for Governmental Agencies and Other Public EntitiesHow ADA affects you?Title II of the Americans with Disabilities Act of 1990 requires that all “public entities” provide equal access to all facilities and programs to all persons, including those with disabilities. In addition to ADA, Section 504 of the Rehabilitation Act has similar requirements for local governments. Examples of public entities that need to meet these requirements include:Are you “accessible”?ADA requires that a self-evaluation (SE) of all programs, policies, and facilities be performed to determine if you are “accessible”. Entities that employ 50 or more people must also prepare a transition plan (TP) that identifies a program and schedule for becoming fully compliant based on the needs identified in the self-evaluation. According to ADA, a SETP was required to be completed by all regulated entities by January 26, 1993; few are in compliance and most that have completed an SETP have done so as a result of complaints or lawsuits.How DLZ can help and what does DLZ evaluate?Using a variety of federal guidelines, DLZ evaluates all areas open to the public in all buildings and facilities. Some buildings have limited areas open to the public (police stations, jails, etc.) while other facilities provide almost full access (parks, community centers, city hall, libraries, etc.). Following is a sample list of facilities (owned/used by a governmental agency) that would be reviewed during a self-evaluation:• City/Town Hall• Police Station(s)• Fire Station(s)• Playgrounds• Community Centers• Water/Wastewater Plants• Utility Service Offices• Pools• Public Beaches/Beach Houses• Public Parking Lots• Event Centers• Cemeteries• Sport Parks• Museums• Riverwalks• Department of Public Works• Animal Shelter• Medical Care Facilities• Parks and Recreation Office• Libraries• Polling Places• Ice Rinks• Marinas• Jails• Transit Stations• Schools• Administrative Offices• Sidewalks• Curb ramps• Courthouses• Airport Terminals• Roads Department • Housing Department• Golf Course/Clubhouse• Historic Sites• Special Events• Federal government• State government• County government• Local governments• Cities• Townships• Towns• Villages• Universities• School districts• Park districts• Libraries• Water/sewer districts• Others that are not under another governmental unitThe Self-Evaluation and Transition Plan (SETP)DLZ has developed an efficient methodology that allows us to perform the self-evaluation. Our inspections include over 30 different detailed field survey forms from 1-6 pages in length to record our observations and measurements. Our facility evaluation services include a complete inspection of:• Parking for the facility• The accessible route from parking to the facility• The facility itselfSome facilities require completion of only one survey form, while others may have several dozen. For example, a three story former school used as a community center may require evaluation of 2 parking lots and 2 sidewalks (1 for each lot), 2 exterior ramps and 3 exterior stairs, 3 drinking fountains, 39 doors, 9 corridors/halls, 8 interior stairways, 7 areas of refuge, 1 elevator, 4 multi-user and 1 single-user restroom, 2 shower rooms, 12 rooms, 2 locker rooms, 2 assembly areas, 1 gymnasium seating area, and 1 gymnasium. A total of 101 forms for one facility.Accessible policies/practicesIn addition to the facility evaluations, there are other very important components of the SETP. An agency/entity must make reasonable modifications in their policies, practices, or procedures that are necessary to ensure accessibility for individuals with disabilities, unless making such modifications would fundamentally alter the program or service involved. Other requirements include the need to:• Evaluate procedures for each department to determine how equal service can be provided to persons with disabilities• Determine appropriate training for staff• Develop a formal ADA Grievance Procedure• Appoint an ADA Coordinator• Include contact information on all public notices for the person to contact if special accommodation of any type is needed for any meeting • Provide “equally effective communication” to persons with disabilities• Provide direct and equal access to public safety answering points (PSAPs) to persons with disabilities that use teletypewriters (TTYs) (i.e. 9-1-1 service)• Ensure that websites are accessibleMust we remodel all buildings?The short answer is no. The ADA provides alternatives to making significant building alterations to become compliant, including relocating programs to accessible facilities or providing the same service elsewhere in the same building. Some services may not be able to be provided with equal access without some modifications. However, if modifications would destroy historic significance or are not “structurally practical”, they may be exempted from being made but not from being accessible in another manner. Equal access is the key.Penalty for non-complianceFederal agencies are beginning to scrutinize communities that receive funding to ensure they are ADA-compliant. Loss of funding eligibility is almost a certainty if you are found to be out of compliance. In addition, you expose yourself to the potential for legal actions and punitive damages. The U.S. Department of Justice’s (USDOJ) Project Civic Access has resulted in 195 settlement agreements with 181 localities in all 50 states, the District of Columbia, and Puerto Rico. In most of these matters, the compliance reviews were undertaken on the department’s own initiative because the governments receive federal financial assistance. Some matters were undertaken in response to complaints filed against the localities.For more informationA number of resources are available to assist you in determining how to be ADA-compliant. These include:• USDOJ, ADA Home Page – www.ada.gov• USDOJ, Disability Rights Section – www.justice.gov/crt/about/drs/index.php• Great Lakes ADA Center – www.adagreatlakes.org• ADA Indiana – www.iidc.indiana.edu/cpps/ada/• ADA Michigan – www.adamich.org• ADA Ohio – www.ada-ohio.orgPlease contact your DLZ representative if you would like more information about the services we can provide to help you be ADA-compliant, or contact the DLZ office in your state. South Bend, Indiana – 574.236.4400Lansing, Michigan – 517.393.6800Columbus, Ohio – 614.888.0040www.dlz.comCompliance is the goal.