Americans with Disabilities Act Disability Access Consultants 2017 General Services Conference Americans with Disabilities Act ADA ADA Compliance “Hot” Topics and Litigation Trends Presented by Disability Access Consultants (DAC) 800-743-7067 1-800-743-7067

Your “Ada World” in 45 Minutes (or More) Shared Challenges with Shared Solutions CGSA 2017

A few “HOT” Topics & Trends Electric vehicle charging stations Single user toilet rooms – all gender Correctional facilities-accessible cells On-street parking Alteration vs. Maintenance: Curb Ramps Low cost compliance items Litigation Trends Minimizing your risk of litigation Integrating solutions into your current plan Prioritizing your plan OR-Suggest topics for discussion!

Compliance Can Be Like a Puzzle

Can Cause an Upheaval in your County

Good Efforts Can Lead to Nowhere

Should Not Discriminate

Should Improve Accessibility

Requires Planning

Can be Done in Phases

Requires Staff Following Policies

Creativity Not the Best Approach Providing signage documenting that the Parking Space is Not Compliant Notice of “Noncompliant” Parking Space NOT Recommended

Creative Door Swing Modification

Electric Vehicle Charging Stations

EV Charging Station

Electric Vehicle Charging Stations Guidelines established by the Division of the State Architect (DSA) called EVG (Electric Vehicle Guidelines) Guidelines address accessible plug-in charging stations on both public and private sites and within the public-right-of-way.

EV Guidelines EV Charging Stations (EVG-250) On-Site EV Charging Stations (EVG-812) On-Street EV Charging Stations (EVG-813) EV Charging Station Equipment (EV-814)

EV Charging Disc

Related 2013 CA Building Code Chapter 11B Accessibility Requirements Pedestals and Pay Stations Clear Floor or Ground Space Teller Machines Fare Machines Point-of-Sale Devices

Single User Toilet Rooms All-Gender

Gender Neutral Single-User Toilet Rooms BU 17-01-01 Assembly Bill 1732 Division of State Architect Department of General Services BU 17-01 (issued 1-19- 17) BU 17-01-01 (issued 3- 30-17)

Health and Safety Code Section 118600 Single-user toilet facilities Identified as all-gender toilet facilities by signage Complies with Title 24 of the California Code of Regulations Designed for use by no more than one occupant at a time or for family or assisted use Effective March 1, 2017

Definition of Single-user Toilet A toilet facility with no more than one water closet and one urinal with a locking mechanism controlled by the user Single-user = unisex

Frequent Questions Is a single-user toilet facility required to be provided? Is a single-user facility designated for use by all genders required to be made available for all user groups? If my toilet facility has the unisex geometric symbol on the door and the wall signs with pictograms of a man and a woman, am I required to change the geometric symbols and wall sign?

Correctional Facilities Accessible Cells Toilet Rooms Grab Bars Furniture

Correctional Facility Accessible Cells Clear Floor Space by Approach

Accessible Cells Accessible Toilet with rear and side grab bars, clear floor space and accessible flush valve Lavatory with knee and toe space, faucet usable controls, clear space for front approach and lowered mirror Clear door with and clear space in front of door Desk: toe space and clear floor space for front approach Bed: clear floor space for side approach

Accessible Toilet Side grab bar Rear grab bar Flush valve in reach range and operable without tight grasping, twisting or pinching Toilet seat: 17-19 inches above the floor Toilet centerline at 18 inches from the side wall Clear floor space

Grab Bars and Furniture Suicide prevention features to ensure that nothing can be tied to them. Desk size Desk clear floor space: 30 by 48 inch and extend 19 inches under the desk Bed: height 17-19 inches Bed: transfer space of 30 inch by 48 inch clear floor space

On-Street Parking

On-Street Parking –New Requirement The ninth circuit court recently ruled that the ADA requires local governments to provide accessible on-street parking. Judge Dean Pregerson’s ruled that “the broad language of the ADA requires public entities to ensure that all services, including on-street parking, are reasonably accessible to and usable by individuals with disabilities.

On-Street Parking - Existing Public on-street parking is considered a “program, service or activity” and 28 CFR 35.150(a) applies to it. The public entity is not required to make structural changes to all existing on-street parking if it can make accessible on-street parking nearby.

On-Street Parking - NEW 28 CFR 35.151 governs facilities that were constructed or modified after the ADA’s 1992 effective date Newly constructed or altered on-street parking meet the technical standards set forth in UFAS, the ADA or state requirements.

On-Street Parking Requirements

R214 On-Street Parking Spaces Where on-street parking is provided on the block perimeter and the parking is marked or metered, a minimum number of parking spaces must be accessible and comply with the technical requirements for parking spaces in Chapter R3.

R214 On-Street Parking Spaces For every 25 parking spaces on the block perimeter up to 100 spaces, one parking space must be accessible. For every additional 50 parking spaces on the block perimeter between 101 and 200 spaces, an additional parking space must be accessible. Greater than 200 = 4%

R214 On-Street Parking Metered parking includes parking metered by parking pay stations. Where parking is metered by parking pay stations and the parking is not marked, each 6.1 meters (20 feet) of the block perimeter where parking is permitted is counted as one parking space for determining the minimum number of accessible parking spaces.

Alterations vs. Maintenance Requirements for Curb Ramps

Alterations vs. Maintenance Joint memorandum US Department of Justice and US Department of Transportation Federal Highway Administration Provision of curb ramps when streets, roads or highways are altered through resurfacing (see which resurfacing constitutes alteration) Alterations include reconstruction, rehabilitation, widening Filing potholes is maintenance

Low Cost Barrier Removal

Low Cost Compliance Items Maintenance of Accessible Features Pipes Wrapped Under Lavatory

Brochures and Information Location of Brochures Brochures and Information Business Cards

Door Stops & Pressure Door Pressure Door Stops Bottom 10 inches clear

Incomplete Signage Wording Directional Signage

Trim Bushes & Wheel Stops Paths of Travel Trim Bushes & Wheel Stops No Backing-In Policy

Litigation A Few Examples Of Recent Litigation Methods to Minimize Litigation

Litigation “Police” are Everywhere

Recent Litigation Trends Public Rights-of-Way Willits vs. City of Los Angeles - 1.4 Billion Sidewalks and curb ramps On-Street Parking Service Animals Website Accessibility

Minimizing Your Risk of Litigation “Enhancing” your Risk of Litigation Staff Development Importance of training for staff to reduce the probability of accessibility complaints and litigation

Staff Training & Terminology Administrative requirements –roles and responsibilities of the County Facilities, public rights-of-way and recreation Disability etiquette and terminology NO use of the term “Handicapped” Identity of the ADA/504 Coordinator Noticed – Posted Front line staff knowledgeable of identity of the ADA/504 Coordinator How to serve customers with disabilities

Maintaining Your Accessible Features Required by the ADA 35.133

Maintaining Your Accessible Features Maintenance of Accessible Features 35.133

Maintaining Your Accessible Features Is the accessible feature – ISA (International Symbol of Accessibility being maintained?

Maintaining Your Accessible Features Don’t forget maintenance items: Door pressures Barriers in the path of travel Shrubs, tree roots, trash cans, displays Parking Signage

Conduct Comprehensive Surveys

Sidewalks Width Cross Slope Running slope Changes in elevation greater than 1/4 inch and changes in elevation that are not beveled up to ½ inch Any obstructions in the sidewalk that obstruct or narrow the path of travel such as protruding objects and items that narrow the required width Street furniture Bus Shelters

Intersections Street furniture Crosswalks Accessible pedestrian signals Traffic stop bars Pedestrian ramps-curb ramps Top landing, bottom landing, grade breaks, width, slope, side flares, grooved borders, truncated domes, alignment with the crosswalk

Usable Format

Detail - Map Overlay Report in DACTrak

Manage Survey Information

Plan Barrier Removal & Document Progress ADA Transition Plan is ongoing “living-breathing” plan

Implementing your ADA Plan Integrate solutions into your plan Oversight to ensure that work is compliant Prioritize your plan Re-prioritize as needed Document progress Keep your plan current

Plan Your Work and Work Your Plan

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