1. 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)

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

3. 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!

4. Compliance Can Be Like a Puzzle

5. Can Cause an Upheaval in your County

6. Good Efforts Can Lead to Nowhere

7. Should Not Discriminate

8. Should Improve Accessibility

9. Requires Planning

10. Can be Done in Phases

11. Requires Staff Following Policies

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

13. Creative Door Swing Modification

14. Electric Vehicle Charging Stations

15. EV Charging Station

16. 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.

17. 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)

18. EV Charging Disc

19. 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

20. Single User Toilet Rooms
All-Gender

21. Gender Neutral Single-User Toilet RoomsBU
Assembly Bill 1732
Division of State Architect
Department of General Services
BU (issued )
BU (issued )

22. 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

23. 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

24. 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?

25. Correctional Facilities
Accessible Cells
Toilet Rooms
Grab Bars
Furniture

26. Correctional Facility Accessible Cells
Clear Floor Space by Approach

27. 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

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

29. 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 inches
Bed: transfer space of 30 inch by 48 inch clear floor space

30. On-Street Parking

31. 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.

32. On-Street Parking - Existing
Public on-street parking is considered a “program, service or activity” and 28 CFR (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.

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

34. On-Street Parking Requirements

35. 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.

36. 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%

37. 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.

38. Alterations vs. Maintenance
Requirements for Curb Ramps

39. 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

40. Low Cost Barrier Removal

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

42. Brochures and Information
Location of Brochures
Brochures and Information
Business Cards

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

44. Incomplete Signage Wording
Directional Signage

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

46. Litigation A Few Examples Of Recent Litigation
Methods to Minimize Litigation

47. Litigation “Police” are Everywhere

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

49. 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

50. 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

51. Maintaining Your Accessible Features
Required by the ADA

52. Maintaining Your Accessible Features
Maintenance of Accessible Features

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

54. 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

55. Conduct Comprehensive Surveys

56. 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

57. 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

58. Usable Format

59. Detail - Map Overlay Report in DACTrak

61. Manage Survey Information

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

63. 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

64. Plan Your Work and Work Your Plan

65. Thank You for inviting us to Share Challenges & Solutions
Disability Access Consultants (DAC)