{"id":218,"date":"2010-07-07T23:03:53","date_gmt":"2010-07-08T03:03:53","guid":{"rendered":"http:\/\/asapgeneralcontracting.com\/?page_id=218"},"modified":"2010-07-07T23:03:53","modified_gmt":"2010-07-08T03:03:53","slug":"common-questions-about-title-ii-of-the-americans-with-disabilities-act-ada","status":"publish","type":"page","link":"http:\/\/asapgeneralcontracting.com\/?page_id=218","title":{"rendered":"COMMON QUESTIONS ABOUT TITLE II OF THE AMERICANS WITH DISABILITIES ACT (ADA)"},"content":{"rendered":"<pre>COMMON QUESTIONS ABOUT\r\nTITLE II OF THE AMERICANS WITH DISABILITIES ACT (ADA)\r\n\r\nFREE ESTIMATES          ADA REMODELER\r\n<pre>COMMON QUESTIONS ABOUT\r\nTITLE II OF THE AMERICANS WITH DISABILITIES ACT (ADA)\r\n\r\n1.   Q:   Do we have to retrofit every existing municipal\r\nbuilding in order to meet the accessibility requirements of the\r\nADA?\r\n\r\n     A:    No.  Title II of the ADA requires that a public entity\r\nmake its programs accessible to people with disabilities, not\r\nnecessarily each facility or part of a facility.  Program\r\naccessibility may be achieved by a number of methods.  While in\r\nmany situations providing access to facilities through structural\r\nmethods, such as alteration of existing facilities and\r\nacquisition or construction of additional facilities, may be the\r\nmost efficient method of providing program accessibility, the\r\npublic entity may pursue alternatives to structural changes in\r\norder to achieve program accessibility.  For example, where the\r\nsecond-floor office of a public welfare agency may be entered\r\nonly by climbing a flight of stairs, an individual with a\r\nmobility impairment seeking information about welfare benefits\r\ncan be served in an accessible ground floor location or in\r\nanother accessible building.  Similarly, a town may move a public\r\nhearing from an inaccessible building to a building that is\r\nreadily accessible.  When choosing among available methods of\r\nproviding program accessibility, a public entity must give\r\npriority to those methods that offer services, programs, and\r\nactivities in the most integrated setting appropriate.\r\n\r\n2.    Q:  If we opt to make structural changes in providing\r\nprogram accessibility, are we required to follow a particular\r\ndesign standard in making those changes?\r\n\r\n     A.    Yes.  When making structural changes to achieve\r\nprogram accessibility, a public entity must make those changes in\r\naccordance with the standards for new construction and\r\nalterations.  See question #5.\r\n\r\n3.    Q:  What is the time line for making structural changes?\r\n\r\n     A:    Any structural changes that are required to achieve\r\nprogram accessibility must be made by January 26, 1995. Each\r\npublic entity with 50 or more employees was required to complete\r\na transition plan by July 26, 1992, setting forth the steps\r\nnecessary to complete the changes.\r\n\r\n4.    Q:  Are there any limitations on the program accessibility\r\nrequirement?  \r\n\r\n     A:    Yes.  A public entity does not have to take any action\r\nthat it can demonstrate would result in a fundamental alteration\r\nin the nature of its program or activity or in undue financial\r\nand administrative burdens.  This determination can only be made\r\nby the head of the public entity or his or her designee and must\r\nbe accompanied by a written statement of the reasons for reaching\r\nthat conclusion.  The determination that undue burdens would\r\nresult must be based on all resources available for use in the\r\nprogram.  If an action would result in such an alteration or such\r\nburdens, the public entity must take any other action that would\r\nnot result in such an alteration or such burdens but would\r\nnevertheless ensure that individuals with disabilities receive\r\nthe benefits and services of the program or activity.\r\n\r\n5.    Q.  What architectural design standard must we follow for\r\nnew construction and alterations?\r\n\r\n     A:    Public entities may choose from two design standards\r\nfor new construction and alterations.  They can choose either the\r\nUniform Federal Accessibility Standards (UFAS) or the Americans\r\nwith Disabilities Act Accessibility Guidelines for Buildings and\r\nFacilities (ADAAG).  ADAAG is the standard that must be used for\r\nprivately-owned public accommodations and commercial facilities\r\nunder title III of the ADA.  If ADAAG is chosen, however, public\r\nentities are not entitled to the elevator exemption (which\r\npermits certain privately-owned buildings under three stories or\r\nunder 3,000 square feet per floor to be constructed without an\r\nelevator).\r\n\r\n6.    Q.  Is the Federal Government planning to eliminate this\r\nchoice and establish one design standard for new construction and\r\nalterations? \r\n\r\n     A.    Yes.  The Department of Justice is proposing to amend\r\nits current ADA Standards for Accessible Design (which\r\nincorporate ADAAG) to add sections dealing with judicial,\r\nlegislative, and regulatory facilities, detention and\r\ncorrectional facilities, residential housing, and public rights-of-way.  The proposed amendment would apply these Standards to\r\nnew construction and alterations under title II.  Under the\r\nproposed rule, the choice between ADAAG and UFAS would be\r\neliminated.\r\n\r\n7.    Q:  We want to make accessibility alterations to our city\r\noffices, which are located in an historic building listed in the\r\nNational Register of Historic Places.  Are we prohibited from\r\nmaking changes?  Which rules apply to us?  What if these\r\nalterations would destroy the historic nature of the building?  \r\n\r\n     A:    Alterations to historic properties must comply with\r\nthe specific provisions governing historic properties in ADAAG or\r\nUFAS, to the maximum extent feasible.  Under those provisions,\r\nalterations should be done in full compliance with the\r\nalterations standards for other types of buildings.  However, if\r\nfollowing the usual standards would threaten or destroy the\r\nhistoric significance of a feature of the building, alternative\r\nstandards may be used.  The decision to use alternative standards\r\nfor that feature must be made in consultation with the\r\nappropriate historic advisory board designated in ADAAG or UFAS,\r\nand interested persons should be invited to participate in the\r\ndecisionmaking process.\r\n\r\n     The alternative requirements for historic buildings or\r\nfacilities provide a minimal level of access.  For example --     \r\n\r\n     1)  An accessible route is only required from one site\r\naccess point (such as the parking lot).\r\n     2)  A ramp may be steeper than is ordinarily permitted.\r\n     3)  The accessible entrance does not need to be the one used\r\nby the general public.\r\n     4)  Only one accessible toilet is required and it may be\r\nunisex. \r\n     5)  Accessible routes are only required on the level of the\r\naccessible entrance.\r\n\r\n8.    Q:  But what if complying with even these minimal\r\nalternative requirements will threaten or destroy the historic\r\nsignificance? \r\n\r\n     A:    In such a case, which is rare, the public entity need\r\nnot make the structural changes required by UFAS or ADAAG.  If\r\nstructural modifications that comply with UFAS or ADAAG cannot be\r\nundertaken, the Department's regulation requires that \"program\r\naccessibility\" be provided.  \r\n\r\n9.    Q:  Does a city have to provide curb ramps at every\r\nintersection on existing streets?\r\n\r\n     A:    No.  To promote both efficiency and accessibility,\r\npublic entities may choose to construct curb ramps at every point\r\nwhere a pedestrian walkway intersects a curb, but they are not\r\nnecessarily required to do so.  Alternative routes to buildings\r\nthat make use of existing curb cuts may be acceptable under the\r\nconcept of program accessibility in the limited circumstances\r\nwhere individuals with disabilities need only travel a marginally\r\nlonger route.  In addition, the fundamental alteration and undue\r\nburden limitations may limit the number or curb ramps required.  \r\n\r\n     To achieve or maintain program accessibility, it may be\r\nappropriate to establish an ongoing procedure for installing curb\r\nramps upon request in areas frequented by individuals with\r\ndisabilities as residents, employees, or visitors.  \r\n\r\n     However, when streets, roads, or highways are newly built or\r\naltered, they must have ramps or sloped areas wherever there are\r\ncurbs or other barriers to entry from a sidewalk or path. \r\nLikewise, when new sidewalks or paths are built or are altered,\r\nthey must contain curb ramps or sloped areas wherever they\r\nintersect with streets, roads, or highways.  Resurfacing beyond\r\nnormal maintenance is an alteration.  Merely filling potholes is\r\nconsidered to be normal maintenance.\r\n\r\n10.   Q:  Where a public library's open stacks are located on\r\nupper floors with no elevator access, does the library have to\r\ninstall a lift or an elevator?\r\n\r\n     A:    No.  As an alternative to installing a lift or\r\nelevator, library staff may retrieve books for patrons who use\r\nwheelchairs.  Staff must be available to provide assistance\r\nduring the operating hours of the library.\r\n\r\n11.   Q:  Does a municipal performing arts center that provides\r\ninexpensive balcony seats and more expensive orchestra seats have\r\nto provide access to the balcony seats?\r\n\r\n     A:    No.  In lieu of providing accessible seating on the\r\nbalcony level, the city can make a reasonable number of\r\naccessible orchestra-level seats available at the lower price of\r\nbalcony seats.\r\n\r\n12.   Q:  Is a city required to modify its policies whenever\r\nrequested in order to accommodate individuals with disabilities?\r\n\r\n     A:    No.  A public entity must make only \"reasonable\r\nmodifications\" in its policies, practices, or procedures to avoid\r\ndiscrimination.  If the public entity can demonstrate that a\r\nmodification would fundamentally alter the nature of its service,\r\nprogram, or activity, it is not required to make the\r\nmodification.\r\n\r\n     For example, where a municipal zoning ordinance requires a\r\nset-back of 12 feet from the curb in the central business\r\ndistrict and, in order to install a ramp to the front entrance of\r\na pharmacy, the owner requests a variance to encroach on the set-back by three feet, granting the variance may be a reasonable\r\nmodification of town policy.  \r\n\r\n     On the other hand, where an individual with an environmental\r\nillness requests a public entity to adopt a policy prohibiting\r\nthe use of perfume or other scented products by its employees who\r\ncome into contact with the public, adopting such a policy is not\r\nconsidered a \"reasonable\" modification of the public entity's\r\npersonnel policy.\r\n\r\n13.   Q:  Does the requirement for effective communication mean\r\nthat a city has to put all of its documents in Braille?\r\n\r\n     A:    Braille is not a \"required\" format for all documents. \r\nA public entity must ensure that its communications with\r\nindividuals with disabilities are as effective as communications\r\nwith others. \r\n\r\n     A public entity is required to make available appropriate\r\nauxiliary aids and services where necessary to ensure effective\r\ncommunication.  Examples of auxiliary aids and services that\r\nbenefit various individuals with vision impairments include\r\nmagnifying lenses, qualified readers, taped texts, audio\r\nrecordings, Brailled materials, large print materials, or\r\nassistance in locating items.\r\n\r\n     The type of auxiliary aid or service necessary to ensure\r\neffective communication will vary in accordance with the length\r\nand complexity of the communication involved.\r\n\r\n     For example, for individuals with vision impairments,\r\nemployees can often provide oral directions or read written\r\ninstructions.  In many simple transactions, such as paying bills\r\nor filing applications, communications provided through such\r\nsimple methods will be as effective as the communications\r\nprovided to other individuals in similar transactions.  \r\n\r\n     Many transactions, however, involve more complex or\r\nextensive communications than can be provided through such simple\r\nmethods and may require the use of magnifying lenses, qualified\r\nreaders, taped texts, audio recordings, Brailled materials, or\r\nlarge print materials.\r\n\r\n14.   Q:  Must tax bills from public entities be available in\r\nBraille and\/or large print?  What about other documents?  \r\n\r\n     A:    Tax bills and other written communications provided by\r\npublic entities are subject to the requirement for effective\r\ncommunication.  Thus, where a public entity provides information\r\nin written form, it must, when requested, make that information\r\navailable to individuals with vision impairments in a form that\r\nis usable by them.  \"Large print\" versions of written documents\r\nmay be produced on a copier with enlargement capacities. \r\nBrailled versions of documents produced by computers may be\r\nproduced with a Braille printer, or audio tapes may be provided\r\nfor individuals who are unable to read large print or do not use\r\nBraille.  Brailled documents are not required if effective\r\ncommunication is provided by other means.\r\n\r\n15.   Q:  Does a city have to arrange for a sign language\r\ninterpreter every time staff members deal with people who are\r\ndeaf or hard of hearing? \r\n\r\n     A:    Sign language interpreters are not required for all\r\ndealings with people who are deaf or hard of hearing.  A public\r\nentity is required to make available appropriate auxiliary aids\r\nand services where necessary to ensure effective communication.  \r\n\r\n     Examples of auxiliary aids and services that benefit\r\nindividuals with hearing impairments include qualified\r\ninterpreters, notetakers, computer-aided transcription services,\r\nwritten materials, telephone handset amplifiers, assistive\r\nlistening systems, telephones compatible with hearing aids,\r\nclosed caption decoders, open and closed captioning,\r\ntelecommunications devices for deaf persons (TDD's), videotext\r\ndisplays, and exchange of written notes.\r\n\r\n     The type of auxiliary aid or service necessary to ensure\r\neffective communication will vary in accordance with the length\r\nand complexity of the communication involved.\r\n\r\n     For example, employees can often communicate with\r\nindividuals who have hearing impairments through written\r\nmaterials and exchange of written notes.  In many simple\r\ntransactions, such as paying bills or filing applications,\r\ncommunications provided through such simple methods will be as\r\neffective as the communications provided to other individuals in\r\nsimilar transactions.  \r\n\r\n     Many transactions, however, involve more complex or\r\nextensive communications than can be provided through such simple\r\nmethods and may require the use of qualified interpreters,\r\nassistive listening systems, videotext displays, or other aids or\r\nservices.\r\n\r\n16.   Q:  Do all city departments have to have TDD's to\r\ncommunicate with people who have hearing or speech impairments?\r\n\r\n     A:    No.  Public entities that communicate by telephone\r\nmust provide equally effective communication to individuals with\r\ndisabilities, including hearing and speech impairments.  If\r\ntelephone relay services, such as those required by title IV of\r\nthe ADA, are available, these services generally may be used to\r\nmeet this requirement.\r\n\r\n     Relay services involve a relay operator who uses both a\r\nstandard telephone and a TDD to type the voice messages to the\r\nTDD user and read the TDD messages to the standard telephone\r\nuser.  Where such services are available, public employees must\r\nbe instructed to accept and handle relayed calls in the normal\r\ncourse of business. \r\n\r\n     However, State and local agencies that provide emergency\r\ntelephone services must provide \"direct access\" to individuals\r\nwho rely on a TDD or computer modem for telephone communication. \r\nTelephone access through a third party or through a relay service\r\ndoes not satisfy the requirement for direct access.  \r\n\r\n17.   Q:  Are there any limitations on a public entity's\r\nobligation to provide effective communication?  \r\n\r\n     A:    Yes.  This obligation does not require a public entity\r\nto take any action that it can demonstrate would result in a\r\nfundamental alteration in the nature of its services, programs,\r\nor activities, or in undue financial and administrative burdens.\r\n\r\n18.   Q:  Is there any money available to help local governments\r\ncomply with the ADA?\r\n\r\n     A:    Yes.  Funding available through the Community\r\nDevelopment Block Grant program at the U.S. Department of Housing\r\nand Urban Development may be used for accessibility purposes,\r\nsuch as installation of ramps, curb cuts, wider doorways, wider\r\nparking spaces, and elevators.  Units of local government that\r\nhave specific questions concerning the use of CDBG funds for the\r\nremoval of barriers should contact their local HUD Office of\r\nCommunity Planning and Development or call the Entitlement\r\nCommunities Division at HUD, (202) 708-1577, for additional\r\ninformation.<\/pre>\n","protected":false},"excerpt":{"rendered":"<p>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 [&hellip;]<\/p>\n","protected":false},"author":4,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"open","ping_status":"open","template":"","meta":[],"_links":{"self":[{"href":"http:\/\/asapgeneralcontracting.com\/index.php?rest_route=\/wp\/v2\/pages\/218"}],"collection":[{"href":"http:\/\/asapgeneralcontracting.com\/index.php?rest_route=\/wp\/v2\/pages"}],"about":[{"href":"http:\/\/asapgeneralcontracting.com\/index.php?rest_route=\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"http:\/\/asapgeneralcontracting.com\/index.php?rest_route=\/wp\/v2\/users\/4"}],"replies":[{"embeddable":true,"href":"http:\/\/asapgeneralcontracting.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=218"}],"version-history":[{"count":1,"href":"http:\/\/asapgeneralcontracting.com\/index.php?rest_route=\/wp\/v2\/pages\/218\/revisions"}],"predecessor-version":[{"id":219,"href":"http:\/\/asapgeneralcontracting.com\/index.php?rest_route=\/wp\/v2\/pages\/218\/revisions\/219"}],"wp:attachment":[{"href":"http:\/\/asapgeneralcontracting.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=218"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}