COMMON QUESTIONS ABOUT
TITLE II OF THE AMERICANS WITH DISABILITIES ACT (ADA)
FREE ESTIMATES ADA REMODELER
COMMON QUESTIONS ABOUT
TITLE II OF THE AMERICANS WITH DISABILITIES ACT (ADA)
1. Q: Do we have to retrofit every existing municipal
building in order to meet the accessibility requirements of the
ADA?
A: No. Title II of the ADA requires that a public entity
make its programs accessible to people with disabilities, not
necessarily each facility or part of a facility. Program
accessibility may be achieved by a number of methods. While in
many situations providing access to facilities through structural
methods, such as alteration of existing facilities and
acquisition or construction of additional facilities, may be the
most efficient method of providing program accessibility, the
public entity may pursue alternatives to structural changes in
order to achieve program accessibility. For example, where the
second-floor office of a public welfare agency may be entered
only by climbing a flight of stairs, an individual with a
mobility impairment seeking information about welfare benefits
can be served in an accessible ground floor location or in
another accessible building. Similarly, a town may move a public
hearing from an inaccessible building to a building that is
readily accessible. When choosing among available methods of
providing program accessibility, a public entity must give
priority to those methods that offer services, programs, and
activities in the most integrated setting appropriate.
2. Q: If we opt to make structural changes in providing
program accessibility, are we required to follow a particular
design standard in making those changes?
A. Yes. When making structural changes to achieve
program accessibility, a public entity must make those changes in
accordance with the standards for new construction and
alterations. See question #5.
3. Q: What is the time line for making structural changes?
A: Any structural changes that are required to achieve
program accessibility must be made by January 26, 1995. Each
public entity with 50 or more employees was required to complete
a transition plan by July 26, 1992, setting forth the steps
necessary to complete the changes.
4. Q: Are there any limitations on the program accessibility
requirement?
A: Yes. A public entity does not have to take any action
that it can demonstrate would result in a fundamental alteration
in the nature of its program or activity or in undue financial
and administrative burdens. This determination can only be made
by the head of the public entity or his or her designee and must
be accompanied by a written statement of the reasons for reaching
that conclusion. The determination that undue burdens would
result must be based on all resources available for use in the
program. If an action would result in such an alteration or such
burdens, the public entity must take any other action that would
not result in such an alteration or such burdens but would
nevertheless ensure that individuals with disabilities receive
the benefits and services of the program or activity.
5. Q. What architectural design standard must we follow for
new construction and alterations?
A: Public entities may choose from two design standards
for new construction and alterations. They can choose either the
Uniform Federal Accessibility Standards (UFAS) or the Americans
with Disabilities Act Accessibility Guidelines for Buildings and
Facilities (ADAAG). ADAAG is the standard that must be used for
privately-owned public accommodations and commercial facilities
under title III of the ADA. If ADAAG is chosen, however, public
entities are not entitled to the elevator exemption (which
permits certain privately-owned buildings under three stories or
under 3,000 square feet per floor to be constructed without an
elevator).
6. Q. Is the Federal Government planning to eliminate this
choice and establish one design standard for new construction and
alterations?
A. Yes. The Department of Justice is proposing to amend
its current ADA Standards for Accessible Design (which
incorporate ADAAG) to add sections dealing with judicial,
legislative, and regulatory facilities, detention and
correctional facilities, residential housing, and public rights-of-way. The proposed amendment would apply these Standards to
new construction and alterations under title II. Under the
proposed rule, the choice between ADAAG and UFAS would be
eliminated.
7. Q: We want to make accessibility alterations to our city
offices, which are located in an historic building listed in the
National Register of Historic Places. Are we prohibited from
making changes? Which rules apply to us? What if these
alterations would destroy the historic nature of the building?
A: Alterations to historic properties must comply with
the specific provisions governing historic properties in ADAAG or
UFAS, to the maximum extent feasible. Under those provisions,
alterations should be done in full compliance with the
alterations standards for other types of buildings. However, if
following the usual standards would threaten or destroy the
historic significance of a feature of the building, alternative
standards may be used. The decision to use alternative standards
for that feature must be made in consultation with the
appropriate historic advisory board designated in ADAAG or UFAS,
and interested persons should be invited to participate in the
decisionmaking process.
The alternative requirements for historic buildings or
facilities provide a minimal level of access. For example --
1) An accessible route is only required from one site
access point (such as the parking lot).
2) A ramp may be steeper than is ordinarily permitted.
3) The accessible entrance does not need to be the one used
by the general public.
4) Only one accessible toilet is required and it may be
unisex.
5) Accessible routes are only required on the level of the
accessible entrance.
8. Q: But what if complying with even these minimal
alternative requirements will threaten or destroy the historic
significance?
A: In such a case, which is rare, the public entity need
not make the structural changes required by UFAS or ADAAG. If
structural modifications that comply with UFAS or ADAAG cannot be
undertaken, the Department's regulation requires that "program
accessibility" be provided.
9. Q: Does a city have to provide curb ramps at every
intersection on existing streets?
A: No. To promote both efficiency and accessibility,
public entities may choose to construct curb ramps at every point
where a pedestrian walkway intersects a curb, but they are not
necessarily required to do so. Alternative routes to buildings
that make use of existing curb cuts may be acceptable under the
concept of program accessibility in the limited circumstances
where individuals with disabilities need only travel a marginally
longer route. In addition, the fundamental alteration and undue
burden limitations may limit the number or curb ramps required.
To achieve or maintain program accessibility, it may be
appropriate to establish an ongoing procedure for installing curb
ramps upon request in areas frequented by individuals with
disabilities as residents, employees, or visitors.
However, when streets, roads, or highways are newly built or
altered, they must have ramps or sloped areas wherever there are
curbs or other barriers to entry from a sidewalk or path.
Likewise, when new sidewalks or paths are built or are altered,
they must contain curb ramps or sloped areas wherever they
intersect with streets, roads, or highways. Resurfacing beyond
normal maintenance is an alteration. Merely filling potholes is
considered to be normal maintenance.
10. Q: Where a public library's open stacks are located on
upper floors with no elevator access, does the library have to
install a lift or an elevator?
A: No. As an alternative to installing a lift or
elevator, library staff may retrieve books for patrons who use
wheelchairs. Staff must be available to provide assistance
during the operating hours of the library.
11. Q: Does a municipal performing arts center that provides
inexpensive balcony seats and more expensive orchestra seats have
to provide access to the balcony seats?
A: No. In lieu of providing accessible seating on the
balcony level, the city can make a reasonable number of
accessible orchestra-level seats available at the lower price of
balcony seats.
12. Q: Is a city required to modify its policies whenever
requested in order to accommodate individuals with disabilities?
A: No. A public entity must make only "reasonable
modifications" in its policies, practices, or procedures to avoid
discrimination. If the public entity can demonstrate that a
modification would fundamentally alter the nature of its service,
program, or activity, it is not required to make the
modification.
For example, where a municipal zoning ordinance requires a
set-back of 12 feet from the curb in the central business
district and, in order to install a ramp to the front entrance of
a pharmacy, the owner requests a variance to encroach on the set-back by three feet, granting the variance may be a reasonable
modification of town policy.
On the other hand, where an individual with an environmental
illness requests a public entity to adopt a policy prohibiting
the use of perfume or other scented products by its employees who
come into contact with the public, adopting such a policy is not
considered a "reasonable" modification of the public entity's
personnel policy.
13. Q: Does the requirement for effective communication mean
that a city has to put all of its documents in Braille?
A: Braille is not a "required" format for all documents.
A public entity must ensure that its communications with
individuals with disabilities are as effective as communications
with others.
A public entity is required to make available appropriate
auxiliary aids and services where necessary to ensure effective
communication. Examples of auxiliary aids and services that
benefit various individuals with vision impairments include
magnifying lenses, qualified readers, taped texts, audio
recordings, Brailled materials, large print materials, or
assistance in locating items.
The type of auxiliary aid or service necessary to ensure
effective communication will vary in accordance with the length
and complexity of the communication involved.
For example, for individuals with vision impairments,
employees can often provide oral directions or read written
instructions. In many simple transactions, such as paying bills
or filing applications, communications provided through such
simple methods will be as effective as the communications
provided to other individuals in similar transactions.
Many transactions, however, involve more complex or
extensive communications than can be provided through such simple
methods and may require the use of magnifying lenses, qualified
readers, taped texts, audio recordings, Brailled materials, or
large print materials.
14. Q: Must tax bills from public entities be available in
Braille and/or large print? What about other documents?
A: Tax bills and other written communications provided by
public entities are subject to the requirement for effective
communication. Thus, where a public entity provides information
in written form, it must, when requested, make that information
available to individuals with vision impairments in a form that
is usable by them. "Large print" versions of written documents
may be produced on a copier with enlargement capacities.
Brailled versions of documents produced by computers may be
produced with a Braille printer, or audio tapes may be provided
for individuals who are unable to read large print or do not use
Braille. Brailled documents are not required if effective
communication is provided by other means.
15. Q: Does a city have to arrange for a sign language
interpreter every time staff members deal with people who are
deaf or hard of hearing?
A: Sign language interpreters are not required for all
dealings with people who are deaf or hard of hearing. A public
entity is required to make available appropriate auxiliary aids
and services where necessary to ensure effective communication.
Examples of auxiliary aids and services that benefit
individuals with hearing impairments include qualified
interpreters, notetakers, computer-aided transcription services,
written materials, telephone handset amplifiers, assistive
listening systems, telephones compatible with hearing aids,
closed caption decoders, open and closed captioning,
telecommunications devices for deaf persons (TDD's), videotext
displays, and exchange of written notes.
The type of auxiliary aid or service necessary to ensure
effective communication will vary in accordance with the length
and complexity of the communication involved.
For example, employees can often communicate with
individuals who have hearing impairments through written
materials and exchange of written notes. In many simple
transactions, such as paying bills or filing applications,
communications provided through such simple methods will be as
effective as the communications provided to other individuals in
similar transactions.
Many transactions, however, involve more complex or
extensive communications than can be provided through such simple
methods and may require the use of qualified interpreters,
assistive listening systems, videotext displays, or other aids or
services.
16. Q: Do all city departments have to have TDD's to
communicate with people who have hearing or speech impairments?
A: No. Public entities that communicate by telephone
must provide equally effective communication to individuals with
disabilities, including hearing and speech impairments. If
telephone relay services, such as those required by title IV of
the ADA, are available, these services generally may be used to
meet this requirement.
Relay services involve a relay operator who uses both a
standard telephone and a TDD to type the voice messages to the
TDD user and read the TDD messages to the standard telephone
user. Where such services are available, public employees must
be instructed to accept and handle relayed calls in the normal
course of business.
However, State and local agencies that provide emergency
telephone services must provide "direct access" to individuals
who rely on a TDD or computer modem for telephone communication.
Telephone access through a third party or through a relay service
does not satisfy the requirement for direct access.
17. Q: Are there any limitations on a public entity's
obligation to provide effective communication?
A: Yes. This obligation does not require a public entity
to take any action that it can demonstrate would result in a
fundamental alteration in the nature of its services, programs,
or activities, or in undue financial and administrative burdens.
18. Q: Is there any money available to help local governments
comply with the ADA?
A: Yes. Funding available through the Community
Development Block Grant program at the U.S. Department of Housing
and Urban Development may be used for accessibility purposes,
such as installation of ramps, curb cuts, wider doorways, wider
parking spaces, and elevators. Units of local government that
have specific questions concerning the use of CDBG funds for the
removal of barriers should contact their local HUD Office of
Community Planning and Development or call the Entitlement
Communities Division at HUD, (202) 708-1577, for additional
information.