ADA Workshop

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Welcome

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Overview

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Overview

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

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

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Overview (Continued)

• Suit was refilled in Federal Court Northern District in 2011

• Plaintive Denny R. Wood• Numerous phone

conversations with Plaintive

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Overview (Continued)

• September 2011, traveled to Miami & meet with Plaintive

• No resolution even though state being proactive

• Plaintive & attorney agreed to go to Mediation

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Overview (Continued)

• Mediation held December 2011• Agreement partially reached at

Mediation• Plaintive attorney & Cliff Taylor

worked out the balance• Final Agreement reached in

2012

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Overview (Continued)

• Failure to remove architectural barriers

• Failure to implement Transition Plans of 1973

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

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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

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Overview (Continued)

• Accessible signage• Accessible podiums• Bathroom stalls lack

maneuvering space• Lavatories too high• All dispensers too high

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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

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Settlement Agreements and DMS Timelines

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Surveys and Transition Plans

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Surveys and Transition Plans

• The Rehabilitation Act of 1973 (Broad Based)

• Section 504 / Entities receiving federal monies

• Non-discrimination employment practices

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Surveys and Transition Plans

• 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

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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)

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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

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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.

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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

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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

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• 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

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

communications, website development, etc.

– Includes architectural barriers–Assessment of all deficiencies by

category in plan

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The Transition Plan (Continued)–Prioritization by importance

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

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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

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Questions and

Answers

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Alternate Solutions

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

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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

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Funding and Procurement

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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

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Funding/Procurement

Agencies should prepare a Legislative Budget Request

if they need funding to have the survey and

transition plans completed.

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Funding/Procurement

Procurement MethodChapter 287.055

Consultant’s Competitive Negotiations Act

Class and Group # 973-070

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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.

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Funding/Procurement

Contact your Purchasing Office for procurement

guidelines.

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Private Leases

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Private Leases

Leasing offices should send all landlords letters requesting compliance.

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Private Leases

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

Transition Plans.

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Private Leases

Non-Compliance with requirements should be addressed by agencies

general counsel.

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What is Next! Wrap Up!