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Tag: compliance

New Research Shows Many Local Governments May Lack Strong ADA Title II Transition Plans

Three people inspecting a curb ramp at a street intersection

A recent study conducted by the Great Lakes ADA Regional Center, and funded by the National Institute on Disability, Independent Living, and Rehabilitation Research, indicated some local government’s ADA Title II Transition Plans may be lacking.

Researchers used a sample of 401 cities, counties or townships with at least 50 full-time employees. The researchers carefully reviewed each plan to identify which of the required elements were included.

What researchers found was surprising given the Americans with Disability Act just entered its third decade as a legal requirement:

  • 54 of the 401 municipalities (13%) had an ADA transition plan available to the public.
  • 28 municipalities (7%) reported having plans in progress.
  • 32 published the transition plan on their websites while 22 others made it available upon request.
  • By region, the highest percentage (17%) of municipalities with transition plans are located in the Midwest.
  • The northeast region had the lowest percentage of municipalities with transition plans (3%).
  • Of the 54 municipalities with transition plans, only 40 addressed the public right-of-way.
  • 14 plans only addressed access to government buildings.
  • Of the 40 plans that addressed the public right-of-way, only 7 met all of the minimum criteria required by the ADA.
  • Less than half of the plans included a specific schedule for barrier removal.
  • Only 12 transition plans included a detailed process for monitoring and periodic reporting on progress toward barrier removal.

Please visit the National Rehabilitation Information Center’s website for more information on this and other ADA related studies.

Justice Department Reaches Agreement with Gates Chili Central School District for ADA Violations

Brown service dog with blue vest The Justice Department reached an agreement with the Gates Chili Central School District in Rochester, New York, to resolve the Department’s lawsuit alleging disability discrimination in violation of the Americans with Disabilities Act (ADA).

The Department’s complaint alleges the School District denied a student with disabilities equal access to school by conditioning her use of a service dog on her parent providing a full-time dog handler, despite the student’s demonstrated ability to control her service dog.

Under the settlement agreement, the School District revised its Service Animal Policy and agreed to provide reasonable modifications to facilitate the use of a service dog by a student with a disability. Such modifications include the types of minimal assistance the School District refused to provide the student in this case, such as helping to tether or untether a service dog, assisting a student to get water for a service dog, and prompting a student to issue commands to a service dog.

Continue reading at: https://www.ada.gov/gateschili/gates-chili_sa.html

Justice Department Reaches Settlement with Ridgewood Preparatory School for ADA Violations

Seal of the United States Department of Justice

The Justice Department entered into a settlement agreement with Ridgewood Preparatory School (Ridgewood) under Title III of the Americans with Disabilities Act (ADA).

Ridgewood is a private, nonsectarian school that provides education to children in prekindergarten to twelfth grade. The agreement resolves allegations that Ridgewood violated the ADA by denying a child with spina bifida admission to its pre-kindergarten and kindergarten programs on the basis of his disability, failing to reasonably modify its policies, practices, and procedures to enable the child to access the school’s programs, and failing to ensure that its buildings and facilities are accessible to people with disabilities. The Department’s investigation found that the school, among other things, had inaccessible doors, walkways, and bathrooms.

The three-year agreement requires Ridgewood to offer two years of tuition-free enrollment to the child and, upon enrollment, provide him with reasonable modifications. Ridgewood will also modify its facilities to make them accessible to individuals with disabilities, revise its policies to ensure compliance with the ADA, train relevant staff, and pay a $1,000 civil penalty to the United States.

Continue reading at https://www.ada.gov/ridgewood_prep_sa.html.

ADA 101 – Water Closet Location

ADA 101 info graphic with ADAS 2010 section 604.2 code text and example picturesADAS 2010 604.2 Water Closet Location

The water closet shall be positioned with a wall or partition to the rear and to one side. The centerline of the water closet shall be 16 inches minimum to 18 inches maximum from the side wall or partition, except that the water closet shall be 17 inches minimum and 19 inches maximum from the side wall or partition in the ambulatory accessible toilet compartment specified in 604.8.2. Water closets shall be arranged for a left-hand or right-hand approach.

Code according to 2010 ADAS. Check your state’s accessibility laws. Some states such as California, Georgia and Florida have additional requirements and standards.

ADA 101 – Water Closets and Toilet Compartments Dispensers

ADA 101 info graphic with ADAS 2010 section 604.7 code text and example picturesADAS 2010 604.7 Water Closets and Toilet Compartments Dispensers

Toilet paper dispensers shall comply with 309.4 and shall be 7 inches minimum and 9 inches maximum in front of the water closet measured to the centerline of the dispenser. The outlet of the dispenser shall be 15 inches minimum and 48 inches maximum above the finish floor and shall not be located behind grab bars. Dispensers shall not be of a type that controls delivery or that does not allow continuous paper flow.

Code according to 2010 ADAS. Check your state’s accessibility laws. Some states such as California, Georgia and Florida have additional requirements and standards.

ADA 101 – Drinking Fountain Spout Location

ADA 101 info graphic with ADAS 2010 section 602.5 code textADAS 2010 602.5 Drinking Fountain Spout Location

The spout shall be located 15 inches minimum from the vertical support and 5 inches maximum from the front edge of the unit, including bumpers.

Code according to 2010 ADAS. Check your state’s accessibility laws. Some states such as California, Georgia and Florida have additional requirements and standards.

ADA 101 – Elevator Visible Signal Location

ADA 101 info graphic with ADAS 2010 section 407.2.2.2 code textADAS 2010 407.2.2.2 Elevator Signal Location.

Visible signal fixtures shall be centered at 72 inches minimum above the finish floor or ground. The visible signal elements shall be 2 1/2 inches minimum measured along the vertical centerline of the element. Signals shall be visible from the floor area adjacent to the hall call button.

EXCEPTIONS:

1. Destination-oriented elevators shall be permitted to have signals visible from the floor area adjacent to the hoistway entrance.

2. Existing elevators shall not be required to comply with 407.2.2.2.

Code according to 2010 ADAS. Check your state’s accessibility laws. Some states such as California, Georgia and Florida have additional requirements and standards.

ADA 101 – Maneuvering Clearances at Manual Swinging Doors and Gates

ADA 101 info graphic with ADAS 2010 section 404.2.4.1 code textADAS 2010 404.2.4.1 Maneuvering Clearances at Manual Swinging Doors and Gates.

Swinging doors and gates shall have maneuvering clearances complying with Table 404.2.4.1.

Code according to 2010 ADAS. Check your state’s accessibility laws. Some states such as California, Georgia and Florida have additional requirements and standards.

ADA 101 – Elevator Visible and Audible Signals

ADA 101 info graphic with ADAS 2010 section 407.2.2.1 code text and example picturesADAS 2010 407.2.2.1 Elevator Visible and Audible Signals

Visible signal fixtures shall be centered at 72 inches minimum above the finish floor or ground. The visible signal elements shall be 2 1/2 inches minimum measured along the vertical center-line of the element. Signals shall be visible from the floor area adjacent to the hall call button.

Code according to 2010 ADAS. Check your state’s accessibility laws. Some states such as California, Georgia and Florida have additional requirements and standards.

ADA 101 – Platform Lifts Doors and Gates

ADA 101 info graphic with ADAS 2010 section 410.6 code text and example picturesADAS 2010 410.6 Platform Lifts Doors and Gates

Platform lifts shall have low-energy power-operated doors or gates complying with 404.3. Doors shall remain open for 20 seconds minimum. End doors and gates shall provide a clear width 32 inches minimum. Side doors and gates shall provide a clear width 42 inches minimum.

Code according to 2010 ADAS. Check your state’s accessibility laws. Some states such as California, Georgia and Florida have additional requirements and standards.

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