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Section 504/ADA Evaluation (Equal Opportunity Civil Rights)L:] a) ro �4 w �4 4-) 4-4 $4 >1 3 a)� Z O 1 O W a) N 3 -H •N M 3 �1 v 5 w d-) O4-) -H ro U E Ua)P4Enco k4 11Na) U) fYl U) (a i4 a)4ro-HO pga4cnC7ah U) w to w 4-)4-)4J +J .a0aro �. cnacn3 4-)�tpM M cz UD ma) Lo U rn rn rn� rn� rn rnrnrn�rn�rn C v� w 064 O C a .r., a) w .r., O U N a U fa�a)o E� y Utero 4-) 4-) N cd 4-I a E O a a) a� roUxQwrou 0 .G O Daia)Owwrow H az+ za1iroZ �¢ rororo-a> ro o.� ZM(nnr.41 °4Z o O 040 -pM O U 4J a S -I 4J H 4J a ro ro •r•1 LL U r I r -I U r -I U r -I s4 a) 'r •14 ro .FA a) 4JroNW W44ro U) O •r-1 a) -r-1 O aE3roaroE O a) a) O a) O a) U) a) �o 00 -1 M r1 Na LOa a °' � w a •� axe y a r-1 4-) a r-, si R+ 2 w r 1 O a) ° r -a a a) ° CO r. w o 1 >4 $4 o� W ° a) a) ?i P W a) c v��^ a�-► w4 OA 3 4J O ro -H -r•1 -W -r•1 v 33LT4UMa4 � ¢ r>- .:a a a rj y r CN 4 4 vl a) w $4 W A 11Na) U) fYl U) roam .a0aro cnacn3 5E U C v� C O Col N a) z w H 11 w i Exhibit IX.D Idaho Comity Development Block Grant Section 504 Facility Review Checklist Grantee Name: City of Meridian Chief Elected Official-Gr Address: 33 F- Tdaho Avenue Mayor of Meridian Meridian, TD 83642 _ Phone No: ( 208) 888-4433 Designated Employee Name: Jack Niemann Phone No: (208) 888-4433 ICDBG Project: Downtown Redevelopment Type/Project No: Public Facilities Section 504 Review Committee Members: Jack Niemann Wayne S. Forrey Janice Gass Jennifer Hoxlcik Date Self Evaluation Initiated: June 17-23, 1992 Exhibit IX.D -1 (92) Representing: City of Meridian Chamber of Commerce Meridian Treasurer Handicapped Persons Date(s) of Facility Review: June 17-23, 1992 v C: CD <_ c CD 0 0 n CD O- < CD � N ::E G a G o G (n Q cD v m N 3 w O CD o N 0 3 a D n CD CD n o� D O (D c� n 0 3 3 0 CD 3 CD 3 a CD Ai (D D) 0 (D F+ 0 Ft (D z �En (D H- M w O O Ul z H n G (D �x 1� w r1i (nnS CD n= O `D N v co A = < n < CD < r -r CD N �--' 7 CD A CD CD CD mo to p) 0 (0 3'a c 3 Ul 0 -, O O A "' 7 o CD a � IW IW M CD CD o N a O? 3 cD N < 0 0 CD 1]1 co 7 <? 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O ClZ;3 O CD m 0 `Y 3 OO '-� Cl. o n rn a v a a r. o ^_ o O O - `� M D C) a 0CD 2 O 3 m rt a U) o n p M, r+ °' 3 ( < >c >C oz 0 o (n D D W 3 O r- U '- oCD as cr C -i 2 CD %�c (Dc D O Z 0 3 n Z � O � � O 3 (7 O b d � " 0 3 = �•I rtN U).0 n O w 3 rpt n o = 0 r 3 ' 0 3 = c=n Vl m 3CD n o 3o m c (D U')a cn C. 0 0 ty CD n (D (D o o Q CD O 3 a o N• - m O CD (D > > o 0 a a x a �J �- sz 0 a a b w fD U a z� o N CD 0 � Cti� IDAHO DEPARTMENT OF COMMERCE SECTION 504 GRIEVANCE PROCEDURE FOR IDAHO COMMUNITY DEVELOPMENT BLOCK GRANT RECIPIENTS 1991 - 1992 Legal Basis Enacted in 1973 and amended in 1978 and 1986, the Rehabilitation Act provides that no otherwise qualified individual with handicaps in the United States .... shall, solely on the basis of his or her handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. In accordance with this Act, the (City i , as a recipient of Idaho Community Development Block Grant (ICDBG) funds, certifies all citizens shall have the right to submit his or her grievance(s) and receive a response in a timely, equitable and responsible manner. Responsible Employee A responsible employee of the ICDBG recipient has been designated to assist citizens with the grievance procedures described here. This individual shall assist anyone wishing to file a complaint on the basis of disability when filed through the local jurisdiction, the Idaho Human Rights Commission or directly to the U.S. Department of Housing and Urban Development (HUD). The designated employee isShari StUesand can be contacted at telephone: 888-4433 /address 33 East Idaho Ave Meridian, ID 8.3642 What is a Grievance? A written grievance or complaint is formal notification of a concern, allegation or protest to the proper authority which indicates the belief that the individual or individuals have been denied opportunities, or treated differently from the general population on the basis of his or her disability. The laws apply to those programs, activities and facilities provided for and accessible to all citizens in the community. When filing a grievance, citizens must provide enough information to permit an investigation. The complaint should be clear and concise and include: 1) Identification of the problem, which includes a description of the set of circumstances leading to the grievance, and 2) Appropriate and sufficient documentation to substantiate any claim or charges. Citizens will be encouraged to propose a resolution to the problem as identified. A formal complaint will be considered filed at the time it is delivered to the appropriate authority's office, or if mailed, on the date it is postmarked. Special accommodations will be made, upon request and whenever possible, for persons with disabilities or language barriers. Confidentiality Confidentiality is available to all citizens. Pursuant to 24CFR 8.56(c)(2), the responsible civil rights employee shall hold in confidence the identity of any person submitting a complaint, unless the person submits written authorization waiving confidentiality and when it is found to be in the best interests of all parties in reaching a satisfactory resolution. IX - 7 (92) City of Meridian Notice of Nondiscrimination Pursuant to Section 504 of the Rehabilitation Act of 1973, as amended in 1978 and 1986, all citizens are notified the City of Meridian does not discriminated on the basis of disability in the admission or treatment or employment in its programs or activities. An employee has been designated by the City to assist in assuring compliance with Rehabilitation Act requirements and to provide citizens with information and/or assistance regarding these requirements. The designated employee is and can be contacted at: thaAmeridianW iscri m mps Shari Stiles Zoning Administrator Meridian City Hall 33 E. Idaho Ave. Meridian, ID 83642 (208) 888-4433 Resolution Number Policy Regarding Non -Discrimination on the Basis of Disability A resolution of the City of Meridian, Idaho, adopting a policy of non-discrimination on the basis of disability. Whereas, the Congress of the United States has passed Section 504 of the Rehabilitation Act of 1973 which requires that "No otherwise qualified individual with handicaps in the United States...shall, solely on the basis of his or her handicap, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance"; and, Whereas the City of Meridian has applied for/received an Idaho Community Development Block Grant and is required to comply with Section 504 of the Rehabilitation Act of 1973; and, Whereas, the failure to comply with the terms and conditions of Section 504 of the Rehabilitation Act may cause the City to lose its grant or eligibility for future grants; Now, therefore, be it resolved by the Mayor and the Council of the City of Meridian, Idaho, the following: Section I. It is the policy of the City that all programs and activities shall be accessible to, and usable by, qualified persons with disabilities. Section II. That the City shall undertake an evaluation, conducted in consultation with citizen groups involving persons with disabilities, of its programs, policies, procedures and facilities in order to determine those areas where discrimination may occur. Section III. The City shall, upon completion of said evaluation, make such revisions, modifications, or other changes so as to fully comply with the letter and intent of Section 504. Section IV. Further, the City shall, where building modifications are required, develop and implement a transition plan for the timely elimination of structural barriers to citizens with disabilities. Citizens may contact Shari Stiles, Zoning Administrator at (208) 888-4433, 33 E. Idaho Avenue, Meridian, ID 83642 for assistance or to answer questions regarding this policy. Passed by City of Meridian, Idaho Signed By: Date: thaAmeridianW iscri m mps Title: Attest: City of Meridian Notice of Grievance Procedure Pursuant to Section 504 of the Rehabilitation Act of 1973, as amended in 1978 and 1986, all citizens are notified the City does not discriminate on the basis of disability in the admission or access to, or treatment or employment in its programs and activities. A Grievance Procedure has been adopted for citizens who feel they have been discriminated against on the basis of disability. An employee has been designated by the City to assist citizens with this process. The designated employee is Shari Stiles and can be contacted at (208) 888-4433 or at 33 E. Idaho Ave., Meridian, ID 83642. The Grievance Procedure contains an appeals process and method for filing complaints and timely resolution of complaints. Confidentiality is available to all citizens. Citizens need not give their name in order to receive information about their situation and anti -discrimination laws. If it appears the individual is a victim of illegal discrimination, the designated employee will discuss the various options which are available to resolve the complaint. ttLaAmerid ianld iscrim.wps Exhibit IX.G Idaho Community Development Block Grant Section 504 Status Report This report and supporting documentation is to be submitted to the appropriate Idaho Department of Commerce (IDC) project manager. 11W701214.i,Iiii i iii. i tai i The regulations state that this step in the process applies only to grantees with fifteen or more persons. This person must oversee the recipient s compliance efforts. Administrative requirements, however, require someone be designated to be responsible for seeing that Section 504 steps are completed on schedule until closeout on every project. The responsible employee will take the lead in evaluating the recipient s facilities, programs and practices and in drafting the Transition Plan if structural changes are needed. All of the other details should be monitored or carried out by this person. Designated Employee: Shari Stiles, Zoning Administrator 2. Adopt and Publish Police on Nondiscrimination for Persons with Disabilities Grantee: City of Meridian Date: April 1994 Date Signed Policy and Copy of Publication Submitted to Idaho: Department of Commerce (IDC) April 1994 Subcontractors working on the ICDBG project are required to certify they have adopted the Policy on Nondiscrimination for Persons with Disabilities. Administrator: Wayne S. Forrey Date: July 1991 Architectural/Engineer. Hubble Engineers Date: 1990 Signed Policies Submitted to Department: YesX No _ Date: July 1991 G ii 1. ,� •. •� See 504 Handbook for guidance. If local help is not available, grantees should seek guidance from state or national organizations representing the interests of handicapped people. Refer to the regional resource list (Exhibit A). Panel Members: Shari Stiles fs—OrL 3 s2LSorL Susan Berner Wayne S. Forret/ Representing: Citv of Meridian Handicapped Persons Community at Large Chamber of Commerce Names Submitted to the Department: X Yes _No Date: April 1994 Exhibit IX.G - 1 (92) 4. Consultation with 504 Citizen Review Panel Regular discussions are essential to the success of your compliance efforts. Meeting Schedule Dates: _Quarterly Meetings December, March, June, September of each year Complete checklist in all areas which include programs, policies, practices and facility review. The Self Evaluation checklist is in the Section 504 Handbook. 6. go -d -_i& Policies and Practices When it is found policies and practices, either in whole, or in part, impact negatively upon the handicapped, grantees must modify the appropriate policy or practice so the problem is eliminated. 7. Facility Review/Develop Transition Plan if structural chanes are needed At a minimum, the plan must 1) identify the physical obstacles that limit accessibility; 2)„q> `describe the method to be used in making the facility accessible; 3) schedule the tasks to be completed and identify actions to be taken within the first year if the total project will exceed one year, 4) identify the official responsible for implementing the plan. Schedule for Completion of Tasks: Use the 1993/1994 and 1994/1995 Budgets and Adopted Capital Improvement Plan to correct the deficiences noted in the Meridian, ADA Facilities Audit. Schedule Submitted to the Department? _Yes X No Date: Apr i 1 19 9 4 The requirements state that grantees a grievance procedure must be adopted and implemented. The public must be notified if the grantee has such a procedure. The procedure must include appropriate due process standards, i.e., method for filing complaints, an appeal process. The process also provide for timely resolution of discrimination complaints. Exhibit DC.G - 2 (92) 9. Notice of Nondiscrimination for Grantees Recipients should wake continuing efforts to notify their participants beneficiaries, applicants and employees that they do not discriminate on the basis of handicap in federally funded programs. The program is defined so that it applies to all services, activities, and practices. The responsible employee should be available to take questions and comments in this area. Notification must be published using media that can be expected to reach vision and hearing impaired individuals. In addition, other acceptable methods for publishing include posters, radio announcements, flyers in braille and large print notices. The initial and annual publication of the Policy on Nondiscrimination for Persons with Disabilities partially meets this requirement. However, every effort should be made to provide this information in a variety of ways, or an on-going basis, so that all persons in the community are notified of the grantee s commitment. Notice: Nondiscrimination Notice Notice: Grievance Procedure Date: April 1994 Date: April 1994 Notice: Designated Employee Report Date: April 1994 Copies of notices must be submitted to the Department at the time they are made public. COMPLIANCE Section 504 requirements will be monitored by Community Development staff the same as gn • :��}�� other compliance areas. While the checklist is designed for grantees to monitor their own progress, it can also be used to report progress to the Department. You are encouraged to keep it current as it may be requested by your project manager. A section on 504 has also been added to the progress report you will be submitting with each request for funds. Discrimination Complaints Any person who believes that he or she has been discriminated against, or any representative of such a person, may file a confidential complaint with the Department of Housing and Urban Development s Office of Fair Housing and Equal Opportunity. The written complaint must be filed within 180 days of the alleged discriminatory act unless there is good cause for the delay. Exhibit IX.G - 3 (92) r Chapter IX Section 504 - Nondiscrimination on the Basis of Disability The purpose of handicap monitoring is to ensure that the grantee has complied with Section 504 requirements set forth in the statutes, regulations and executive orders outlined in the ICDBG Program Manual. Grantees are required to provide adequate documentation to enabld Department staff to determine whether ICDBG funded activities have been conducted in a manner that does not result in discrimination against disabled persons. Guide for Monitoring Grantee: City of Meridian Date: April 15, 1994 Contract No.: ICDBG-91-111-31 Reviewed By: Pat Madarieta Names and Titles of Staff Interviewed: Shari Stiles and Wayne S Forrev Designation of "Responsible Employee" -This person must oversee the recipient's compliance efforts. Administrative requirements, however, require someone be designated to be responsible for seeing that Section 504 steps are completed on schedule on every project. The "responsible employee" will take the lead in evaluating the recipient's facilities, programs and practices and in drafting the Transition Plan if structural changes are needed. All other details should be monitored or carried out by this person. Designated Employee: Shari Stiles Based on your discussion with the Designated Employee, does he or she have good understanding of his/her responsibilities? YES X NO 2. Adopt and Publish Policy on Non -Discrimination for Persons with Disabilities Date Signed Policy and Copy of Publication Submitted to Idaho Dept. of Commerce (IDC): Subcontractors working on the ICDBG project are required to certify they have adopted the Policy on Non-discrimination for Persons with Disabilities. Administrator: Wayne S. Forrev Date: Architectural/Engineer: _ Hubble Engineers Date: Other: Date: Signed Policies Submitted to the Department on Date: Exhibit IX.F - 1 (92) July 1991 1990 July 177T— 3. Adoption of Grievance Procedure. A grievance procedure must be adopted and implemented for all grantees. The public must be notified if the grantee has such a procedure. Since the Department has established its own grievance procedures, this requirement shall apply to all grantees. For additional information, refer to the 1991 Grant Administration Manual, Exhibit VIII -2-3. The procedure must include appropriate due process standards, i.e. method for filing complaints, an appeal process. The procedure must also provide for timely resolution of discrimination complaints. Has the Grievance Procedure been adopted/submitted to the Department? YES x NO _ Has the Grievance Procedure been published in summary? YES X NO 4. Notice of Non -Discrimination for Grantees with Fifteen or More Persons. Recipients should make continuing efforts to notify their participants, beneficiaries, applicants and employees that they do not discriminate on the basis of handicap in federally funded programs. The "program" is defined so that it applies to all services, activities, and practices. The responsible employee should be available to take questions and comments in this area. Notification must be published using media that can be expected to reach vision and hearing impaired individuals. In addition, other acceptable methods for publishing include posters, radio announcements, flyers in braille, and large -print notices. The initial and annual publication of the "Policy on Non -Discrimination for Persons with Disabilities" assists in meeting this requirement. However every effort should be made to provide this information in a variety of ways so that all citizens in the community are notified of the grantee's commitment. Notice Non-discrimination NoticeDate: April 1994 Notice Grievance Procedure Date: April 1994 .Notice nesignated Employee Date: April 1994 Copies of notices must be submitted to the Department on a timely basis. 5. Establish 504 Citizen Review Panel. See 504 Handbook for guidance. If local help is not available, grantees should seek guidance from state or national organizations representing the interests of handicapped people. An additional resource list is attached for your reference (see Attachment 4). This is provided in addition to the regional resource list given to you at the Section 504 Workshops. Panel Members: Representing: Shari Stiles City of Meridian Ron Beeson Handicapped Persons Susan Berner Community at Large Wayne S. Forrev Chamber of Commerce Do panel members have a clear understanding of their responsibilities? YES X NO_ Names Submitted to the Department? Yes X No Date: April 1994 Exhibit IX.F - 2 (92) r Q 6. Self Evaluation. Complete checklists in all areas which include programs, policies, practices and facility review. The Self -Evaluation checklist is in the Section 504 Handbook. Has the 504 checklist been completed as specified in the Handbook? YES X NO 7 Consultation with 504 Citizen Review Panel. Regular discussions are essential to the success the grantee's compliance efforts. Meeting Schedule Dates: Quarterly Dates Scheduled by city staff December, March, June, September S. Modify Policies and Practices. When it is found policies and practices, either in whole or in part, impact negatively upon the handicapped, grantees must modify the appropriate policy or practice so the problem is eliminated. Has the grantee done this? YES x_ NO 9. Facility Review. Has this review been completed? YES X NO Are checklists complete? YES X NO Have the findings and conclusions been reported? YES x NO 10. Develop Transition Plan (if structural changes are needed). At a minimum, the plan must 1) Identify the physical obstacles that limit accessibility; 2) Describe the method to be used in making the facility accessible; 3) Schedule the tasks to be completed and identify actions to be taken within the first year if the total project will exceed one year; 4) Identify the official responsible for implementing the plan. Schedule for completion of tasks: City Hall Entrance Doors 1995 Budget Water Department Improvement 1994/95 Budget WARD Swimming Pool 1995 Budget Fire Station Improvements 1995 Budget Storey Park Modifications 1994 Budget Meridian r.ibrary 1994 Budget Sower Department 1995 Budget Schedule submitted to the Department: YES—X NO Date: April 1994 Exhibit IXY - 3 (92) Cecil D. Andrus Gouernor James V. Hawkins Director September 16, 1992 DEPARTMENT OF COMMERCE Mr. Wayne S. Forrey, AICP Executive Director The City Leaders Institute 3045 Thay83709 d�e�Jn� Place Boise, 1D8 i! 09 Re: 504 Documentation, City of Meridian ICDBG-9I-III-31 Dear Mr. Forrey: 700 west state Street Statehouse Mail Boise, ID 83720-2700 Phone (208) 334-2470 FAX (208) 334-2631 I have examined the facilities review for the City of Meridian conducted by Jennifer Honcik of your staff. In order to be in compliance with 504 requirements the final transition plan_ should outline dollar amounts and tar et dates and who is res onsible for of -problem P _ - — h resolution of areas. so city needs to do a complete self evaluati� on its of ies,�rogra>ns and activities to determine if any problems exist that need to be corrected. Please refer to your ICDBG Grant Administration Manual, Chapter IX_anpagees —s 15-20 form to conduct this self- evaluation is shown in Exhibit IX B-1 to��4. As you csee, the major areas that must be addressed are general requirements, communications, program accessibility and employment. The city's contract with the department showed the self-evaluation would be completed in July 1992. Let me know when we can expect to see this completed. Please be advised the self-evaluation and the facility review must be completed in consultation with a citizen advisory committee representing persons who are disabled, family members or organizations and agencies who work for persons who are disabled. The department requires documentation this has occurred. This includes the names of persons on the Citizen Review Committee and who they represent. If you require further assistance, please let us Imo;a. Sin ly, Pat Mad eta Community Development Specialist PM:km IDAHO /1 NOTICE This document is disseminated under the sponsorship of the Architectural and Transportation Barriers Compliance Board (Access Board).in the interest of information exchange. Neither the Access Board nor the United States Government assumes liability for its contents or use thereof. The contents of this publication do not necessarily reflect the official policy of the Board. The United States Government does not endorse products. manufacturers, or pnvatc corporations. Trade or manufacturers' names appear herein solely because they were considered by the authors as essential to the object of the repon. Exhibit IX,D - 3 (92) UFAS Accessibility Checklist PREPARED FOR: U.S. Architectural and Transportation Barriers Compliance Board 1111 18th Street Suite 501 Washington D.C. 20036 Prepared By: Barrier Free Environments in Conjunction With: Adaptive Environments Center June 1990 Exhibit IX.D - 4 (92) /- Produced by: Barrier Free Environments P.O. Box 30634 Raleigh, North Carolina 27622 Ron Mace, President in conjunction w the The Adaptive Environments Center 374 Congress Street, Suite 301 Boston, Massachusetts 02210 Elaine Ostroff, Execdve Director Project Oversight: Project Manager: Concept and Introduction Survey Author: Production: Consultant: Technical Assistance: /"'N lion Mace and Lucy Narixr Elaine Ostroff Elaine Ostroff Lisa Ouellette Doug Ware, Meredith Hughes, Diane Mailey Chris Palames Pauline N.e Prepared for: Architectural and Transponadon Barrien C nmvliance Board I I I I Eighteenth Street, N.W., Suite 501A Washington D.C., 20036 Contract Manager: Laurinda Si:-elc. Technical Assistance: Ellen Harland, Ruth Lusher Exhibit IX.D - 5 (92) Table of Contents: Introduction........................................... 4 Purpose Where does UFAS apply? UFAS and Employee Areas How the Workbook is Organized Survey Instructions ..................................... 6 Approach to Surveying Preparing to Survey Step 1: Determine Occupancy Classification Step 2: Determine Minimum Requirements Step 3: Copy and Assemble Survey Step 4: Survey Occupancy Classification Chart ..................................... 9 n Building Identification Form ........................................ 11 Minimum Requirements Surnmary Shects ........................... 13 Parking and Passenger Loading Zone Site Accessible Route Entrance Building Accessible Route Rooms and Assembly Spaces Bathrooms Special Facilities Exhibit IX.D - 6 (92) Table of Contents 2 The The Survey Forms General Requirements: Form 1: Parking Form 2: Passenger Loading Zones Form 3: Pathways Form 4: Drinkin,- Fottr.tains and Telephones Form 5: Ramps Form 6: Stairs Form 7: Lifts Form 8: Entrances Form 9: Doors and G _s Form 10: Buildin: Lobbies and Corridor, Form 11: Elevators Form 12: Rooms and Spares Form 13: Assembly Rooms Form 1.1: Toilet Rooms: Toilets. Sinks and \9irrc�rs Form 1.5: Bathtubs and Sho%yers Special Facilities: Form 16: Restaurants and Cafeterias Form 17: Health Care Form 18: ]Mercantile Form 19: Libraries Form 20: Postal Facilities Form 21: Dwelling Univ Appendices: Definitions List of Consumer Information for Adahtabl; l;aellin,_ Units Measurement Guides Exhibit IY.D - 7 (92) Table of Contents 3 Introduction Purpose The purpose of this workbook is to enable people to survey buildings for compli- ance with the Uniform Federal Accessibility Standards (UFAS). UFAS defines environments which are safe, accessible and usable by people of all ages and abili- ties. Accessible architecture acknowledges that physical abilities change from childhood to old age, and that the experience of functional limitations is not excep- tional but universal. In an accessible environment, the inevitable changes in people's bodies will not limit their ability to reside in their own homes, to work, travel, shop and participate fully in community life. This survey covers UFAS requirements for new construction. It can also be used to survey existing buildings to identify those features or elements in need of modifica- tions. This workbook can be used in conjunction with the UFAS Retrofit Manual which will be available from the Architectural and Transportation Barriers Compliance Board (ATBCB) in 1991. The illustrated Retrofit Manual will highlight accessibil- ity options for alterations and additions in a wide range of older and historic build- ings. n No special training is necessary to use this survey. 'I?te survey is for use by design professionals or concerned citizens. In recent years, citizens have frequently moni- tored the accessibility of public facilities. This involvement has become an impor- tant force in the national movement towards integration of people with disabilities . We hope that this manual will be helpful to all interested parties. Where does UFAS applN? UFAS applies to any facility covered by the Architectural Barriers Act of 1968 and Section 504 of the Rehabilitation Act of 1973. The Architectural Barriers Act (ARA) requires that building and facilities which are designed, constructed, altered er, leased by or on behalf of the federal government be accessible. The ABA also requires that most buildings and facilities constructed or altered with federal grants or loans be accessible. Section 504 is often referred to as the "civil rights act for people with disabilities." This law requires that all program,; and services which receive federal funding be accessible to handicapped persons. Architectural modifications may be necessary to meet this requirement. Section 504 also requires that buildings and facilities which are constructed by recipients of federal funds lie accessible. n Introduction 4 n7 UFAS and Employee Areas Unlike many state codes, UFAS requires employee areas to be accessible. Exemp- tions are limited to elevator pits, elevator penthouses, mechanical rooms, piping or equipment catwalks, lookout galleries, electrical and telephone closets and general utility rooms. How the Workbook is Organized This workbook presents all of the technical requirements of UFAS in the logical pro- gression of traveling to and through a building. The 21 survey forms represent elements on the site and in the building. Many of UFAS's general requirements repeat on different forms because they apply to more than one element. The survey materials reflect the three levels of UFAS requirements: Occupancy Classifications, Minimum Requirements, and Technical Requirements. Occu- pancy Classifications tell you the general requirements for your facility type. Mini- mum Requirements tell you ," -hat to survey, such as an accessible route or a bath- room. And the Technical Requirements give you specific features •'pose elements must have. The sur%,ey process moves through a parallel structure: Step 1: Occupancy Classifications Chart Step 2: Minimum Requirements Summary Sheets Step 3: Survey Forms (Technical Requirements) Form 1: Parking Form 2: Passenger Loading Zones Foran 3: Pathways Form 4: DrinkinE Fountains and Telephones Form 5: Ramps Form 6: Stairs Form 7: Lifts Form 8: Entrances Form 9: Doors and Gates Form 10: Building Lobbies and Corridors Form 11: Elevators Form 12: Rooms and Spaces Form 13: Assembly Rooms Form 14: Toilet Rooms: Toilets. Sinks and Mirrors Form 15: Bathtubs and Showers Special Facilities: Form 16: Restaurants and Cafeterias Form 17: Health Care Form 18: Mercantile Form 19. Libraries Foran 20: Postal Facilities n Form 21: Dwelling Units Exhibit IX.D - 9 (92) Introduction 5 Survey Instructions Approach to Surveying The survey can be used in part or in full, depending on your level of concern and time commitment. If you are surveying a facility which you are familiar with, you may already know what the general access problems are and will want to use this survey to check specific details. If you are unfamiliar with the facility, it is helpful to make an initial tour through the building to orient yourself. Although the survey is structured for use on site, it can also be used by architects and facility managers to review architectural plans. Preparing to survey Make contact with the building management to advise them that you will be survey- ing and that you will be elad to share your information with them. Ask if they can provide you with a building plan. A plan can be very helpful, particularly if you are surveying a large facility. You can assign numbers to areas or elements on the plan and use the same numbers to correlate the Survey Forms. Bring a copy of UFAS with you when you survey. Since the survey's questions are n fairly brief, an understanding of the full code requirements in UFAS is necessary. Also, not every illustration in UFAS has been included in the survey. Illustrations are provided only for those survey questions which cannot be clearly stated with words. Step 1: Determine Occupancy Classifications After you have affirmed that UFAS has jurisdiction over the facility, look at the Occupancy Classificarions Chan. Find the facility type in the left-hand column of the Chart. (If you cannot determine your facility's type, see the detailed list in UFAS 4.1.4.) The areas of the facility which must be accessible are checked off or listed to the right. Fill in the Building Identification Form and include this informa- tion. Step 2: Determine Minimum Requirements Minimum Requirements tell you which elements are required to be accessible, such as a particular entrance or pathway. Use the Minimum Requirements Summary Sheets to identify the specific elements of your faci)itiy which must be accessible. With the Minimum Requirement Summary Sheets in hand, take a quick tour of the facility or look at the building plans. As you go through the facility, complete each Summary Sheet in the order they are presented. The Summary Sheets will ask you to inventory the elements of your facility which must be accessible. Exhibit IX.D - 10 (92) Survey Instructions 6 The principle of the "accessible route" is key to the Minimum Requirements Sum- mary Sheets. Simply put, an "accessible route" is a path of travel which a person in a wheelchair, an elderly person, or someone with another mobility limitation would find safe and easy to use. (See defintion in the Appendix.) The Minimum Require- ments Summary Sheets define where these accessible routes must he. Step 3: Cop), and Assemble the SurveN Return to your workplace with the completed Summary Sheets. They will tell you how many copies to make of each Survey Form. Some Fornis will be needed more than once, others will not be needed at all. Copy the necessary Survey Forms and attach them to the Summary Sheet which called for them. \Vhen you're finished, you'll have a series of Survey Forms which progress logically through the facility and are divided by the seven Summary Sheets. If you are working with a team, you can give team memhcrs a complete section covered by a Summary Sheet. Coyer the entire package vvith the Building Idenn iica- tion Sheet. Step 4: Survey Bring a copy of UFAS. a clipboard, a Pencil or a pen, a flexible measuring tape, and a .stick of chalk for marking distances on surfaces. You may also Wyant a line level or other device to measure ramp slopes, and a fish scale for determining door pressure. Each Survey Form has a title block v,hich allows you to pinpoint the element you are inspecting. Re sure to fill in the location of the element and the facility name on each Survey ForIm. Each survey question has a UTAS section number. If you do not understand the question, look up the section in the UTAS document. Illustrations referenced in the survev forms are attached to the hack of the form. If you have a question about a terrrt.Irefer to the Definitions section in the Appendix. If you need a visual picture of where measurements are taken, refer to the Measurement Guides also in the Appen- dix. Check off whether the element complies or not. If you cannot determine whether or not it complies, put a question mark in the Nix. Do not leave blank boxes because they will confuse someone who later revic,vs the forms. If the element does not exist, check "N/A" (Not Applicable). Exhibit IX.D - 11 1921 Survey Instructions 7 r. Occupancy Classification Chart AREAS THAT MUST BE ACCESSIBLE OCCUPANCY CLASSIFICATIONS Public Areas Areas where a physically handl- capped person may be employed All Areas Military Facilities z I z Accessibirlty recommended but not required in work areas for able-bodied military personnel only. Military Housing 5% of the units must be accessible or adaptable and common use areas must be accessible Assembly x x Business x x Educational x Factory Industrial x x Hazardous x x Child Care Facilities x x Conmcn use areas Long Term Care Facilities x I x Common usP areas and 50% of oaucnt toitet rooms and bedrooms Outpatient Facilities x I z Common use area and all patient toilet rooms and bedrooms General Purpose Hospitals : x Common use areas and at least t0°. of oatoem toilet and becrco-s Speclal Purpose Hospitals z I x Common use areas and all patient toilet and bedrooms Institutional Facilities Detention or Correctional x x 50,'. of residential units avadable (Lut at least one un,t) and all common use and visitor use scaccs Mercantile x x Hotels, Motels and Boardinp Houses z x 5% o1 the units, ibut not less than onri Federally Assisted Apartments of the wits (but not less than one) in pto'e s of 15 of more units or a oereentaee determined by the noarooriate federal aoenev. Federally Owned A artments 5% of "a units (but not less than one` Dormitorles 5% of the units (but not less than one) Federally Assisted Rental 132 Family Dwellln s 51.1. of the unity (but not less than or.0 it proiects of 15 or more units or a percentage determ;ned by ilia appropriate federal Agency. Federally Assisted Homeownership To be d wminmd by thu buyer. Federally Owned 132 Family Dwellings 51.: of the units (but nit res% 1: -aa one; Storage x� — IF _ Utility and Miscellaneous x x Exhibit IX.D — 12 (92) Occupancy Classifications 9 '*�\ r"r Building Identification Facility Name: oZt(v� Facility Address: cc cti Ci, v► E, iu�o Aao I �V 9'3;� 7 - Federal funding used in building (if known): C �Q Q � (,0lkcj�to, Occupancy Type: C Chwew�.� Occupancy Classification Requirements: Name(s) of surveyors: : L VIV11Q, LC . Date(s) of survey: ��car2 c7 Exhibit IX.D - 13 (92) Building Identification 11 Minimum Requirements Summary Sheets: Parking and Passenger Loading Zones Site Accessible Route Entrance Building Accessible Route Rooms and Assemble Spaces Bathrooms n Special Facilities Exhibit IX.D - 14 (92) 13 ?-4s n Parking and Passenger Loading Zones (Attach needed Forms to this summary sheet.) Parking: General Parking: Each parking lot provided for employees or visitors is required to have accessible parking spaces. (4.1.1(5)(x)) Parking at Accessible Housing: Where parking is provided for all residents, one accessible parking space shall be required for each accessible dwelling unit. Where parking is provided for only a portion of the residents, an accessible parking space shall be provided upon request from the occupant of an accessible dwelling unit. Where parking is provided for visitors, 2% but not less than 1 shall be accessible. (4.1.1(5)(d)) Parking at Health Care Facilities: Employee and visitor parking at general health care facili- ties shall meet 4.1.1(5)(a). At outpatient facilities, 10% of the total number of parking spaces provided shall be accessible. At spinal cord injury facilities, employee and visitor parking 209c of the total number of spaces provided shall be accessible. List the parking lot&W be r ed: n "d.Zf Survey each of these lots with a coPy of Survey Form 1: Parking Passenger Loading Zones: Where passenger loading zones are provided, at least one must be accessible. (4.1.1(5)(b)) You can usually identify the accessible passenger loading zone by a sign bearing the interna- tional symbol of accessibility. If no sign is present, survey existing passenger loading zones for an accessible one. Begin with the passenger loading zone closest to the accessible entrance. List the passenger loading zones to be surveyed: Survey each passenger loading zone x iih a copy of Survey Form 2: Passenger Loading Zone Exhibit IX.D - 15 (92) Site Accessible Route (Attach needed Forms to this summary sheet.) UFAS 4.1.1(1) requires the following elements on the site to be connected by an accessible route. If accessible route connections do not exist between these elements, that in itself is a violation. If they do exist, then the completed survey will reveal their satisfactory and unsatisfactory features. From: public transportation stops accessible parking spaces passenger loading zones public streets and sidewalks building, facility or element on the site To: accessible entrance fl 6{ other building or facility on the site If you are using a plan drawing, you may want to mark these routes with a colored pencil. List the accessible routes to be surveyed: From: 1 To: O4 et 51142t.44-,5 I You'll need at least one copy of Surrey 3: Pathways for cuch of these rouses. Use Forms 4: Amenities, 5: Ramps, 6: Stairs, and 7: Lifts as you encounter tlwse elements. Number of Copies: Form 3: Pathways Foran 4: Telephones / Drinking Fountains Form 5: Ramps Form 6: Stairs Form 7: Lifts Exhibit IX.D - 16 (92) Entrance (Attach needed Forms to this summary sheet.) UFAS 4.1.2(8) requires at least one principal entrance at each on -grade floor level to be acces- sible. In addition, if an entrance normally serves one or more of the functions listed below, that entrance must also be accessible: transportation stop passenger loading zone accessible park-ing facilities taxi stand public streets and sidewalks accessible interior vertical access List the entrances to the facilitN which must be accessible: J -d e You'll need at least one copy of Form 8: Entrances, and probable one copy of Form 9: Doors and Gates. If you encounter stairs, a lift, or a ramp, sun•ey that element with its specific form. Number of Copies: Form 8: Entrances Form 9: Doors and Gates Form 5: Ramps Form 6: Stairs Form 7: Lifts Exhibit IX.D - 17 (9 2) Building Accessible Route (Attach needed Fornu to this summary sheet.) UFAS 4.1.2(1) requires at least one accessible route complying with 4.3 to connect accessible building or facility entrances with all accessible spaces within the building or facility. Forms 5 to 11 cover the elements of an accessible route. The number of corridors, which you'll need to survey depends upon your facility. If you are sur- veying a multi -story building, but each floor is exactly the same, you'll need to survey only one floor's corridors. Another situation might be a building with identical corridors on a single floor. Surveying one of those corridors may be sufficient. You'll need to determine a representative sampling of your facility's corridors. A copy of the building's plans will simplify this task. if the plans are unavailable, walk through the building and take an inventory of the corridors. In a multi -story building, an accessible elevator must provide access to each level unless a ramp complying with 4.8 is provided. Stairs must comply with 4.9 if they connect levels which are not connected by an elevator. List the corridors and lobbies to be surveyed: Use one copy of Fonn 12: Building Lobby and Corridor for each !obby or corridor. You'll also need copies of Form 4: Telephones and Drinking Fountains to surrey those elements as you encounter them. List th rampst be surveyed: . 641 zCez Use one copy of Form 5: Ramps for each ramp. List the stairs to be surveyed: GtL i l4- --- List the elevators to be surveyed: iA Exhibit IX.D - 18 (92) Use one copy of Form 6 Stairs for each staircase. Use one copy of Form 11: Elevator for each elevator. Rooms and Assembly Spaces (Anach needed Forms to this summary sheer.) All rooms and assembly rooms which are in areas covered by your facility's occupancy classifi- cation need to be accessible. An assembly room is defined as a room or space accommodating fifty or more individuals for religious, recreational, educational, political, social, or amusement purposes, or for the consumption of food and drink, including all connected rooms or spaces with a common means of egress and ingress. Such areas as conference rooms used by fewer than 50 persons would have to be accessible in accordance with room requirements and other parts of this standard, but would not have to meet all of the requirements for an assembly occupancy. List the rooms to be suArveyed: d'v-Py / L t C '.- Ile-" S S S Use one copy of Form 18 for each room. List the assembly spaces to be surveyed: Use one copy of Survey Form 19 for each assembly space. Exhibit IX.D - 19 (92) Bathrooms (Attach needed Forms to this summary sheet.) UFAS 4.1.2(1) requires each public and common use toilet room or bathing facility to be acces- sible. Employee toilets are considered to be "common use". List the bathrooms to be surveyed: �c � acce s s ��-�- ✓-esus . — 101*�\ Sun!ey the bathrooms with Form 14: Toilets, Sinks and Mirrors and Form 15: Bathtubs and n Showers. Exhibit I`: D - 2n (q?) r-, Special Facilities (Atrach needed Forms to this summary sheet.) In addtion to the requirements of 4.1 to 4.33, the special facilities listed below have additional requirements. If you are surveying one of these special facilities, begin with that facility's spe- cial forth. Other forms, such as "Parking", may also apply. If you are surveying a dwelling unit, go directly to Form 21: Dwelling Units. Where other forms are needed, they will be referenced in Form 21. Special Facilities: Form 16: Restaurants and Cafeterias Form 17: Health Care Form 18: Mercantile Form 19: Libraries Form 20: Postal Facilities Form 21: Dwelling Units Exhibit IX.D - 21 (92) Parking Lot Location: # of Spaces provided: # Required to be accessible: Total Parking in lot Required Muumw Accessible Spaces 1 to 25 1 26 to 50 2 51 to 75 3 76 to 100 4 10110150 5 151 to 200 6 201 to 300 7 301 to 400 9 401 w 500 9 501 to 1000 ' 1001 and over • 2 percent of total •• 20 plus 1 for each 100 over 1000 0 Yes No N/A 4.6.1; Are the required number of accessible parking spaces provided? 4.1.1(5a) (Note: The total number of accessible parking spaces may be distributed among parking lots if greater accessibility is achieved.) ❑ ❑ 4.6.2 Are accessible parking spaces the closest spaces to the building's ❑ ❑ accessible entrance? If a parking facility serves more than one building or public space, are the accessible parking spaces the closest spaces to the parking facility's accessible pedestrian entrance? ❑ ❑ �� 4.6.3 Are accessible parking spaces at least 96 inches wide with a demar- cated adjacent access aisle of 60 inches? (Two spaces may share a ❑ El aisle.) zf Does the access aisle connect directly to the accessible route? V El El If the parking space is designated as a van space, is the adjacent aisle at � ❑ ❑ least 96 inches %%ide? Are the spaces and aisles level with no slope greater than 1:50? (This means a curb ramp cannot project into the :recess aisle.) � ❑ ❑ 4.6.6 Do parking spaces designated as van sraces have a vertical clearance ❑ ❑ of at least 114 inches? 4.6.4 Does each accessible parking space have a vertical sign that is unob- scured by a parked vehicle and shows the universal symbol of accessi- ❑ ❑ bWty? Exhibit IY.D - 22 (92) Parking: I /'11 11-11, r -t e....___eti._ ri_ If there is a curb between the pedestrian aisle and the vehicle space, is there a curb ramp? [�f ❑ ❑ Is the pedestrian aisle le\ -el, with no slope greater than 1:50? P� ❑ ❑ Is the vehicle pull-up space level, with no slope greater than 1:50? Rf ❑ [l 4.3.6; Yes No N/A 4.1.1(7) Is there a sign displaying the international symbol of accessibility at 4.5.1 resistant? the passenger loading zone? ❑ ❑ JEC 4.6.5 Is there a pedestrian aisle parallel to the vehicle pull-up space? ❑ ❑ ❑ Is the pedestrian aisle at least 5 feet wide by 20 feet long? � ❑ ❑ If there is a curb between the pedestrian aisle and the vehicle space, is there a curb ramp? [�f ❑ ❑ Is the pedestrian aisle le\ -el, with no slope greater than 1:50? P� ❑ ❑ Is the vehicle pull-up space level, with no slope greater than 1:50? Rf ❑ [l 4.3.6; Is the pedestrian aisle and parking surface stable, fume, and slip - 4.5.1 resistant? ❑ ❑ 4.7.2 Is the slope of the curb ramp 1:12 or less? ❑ ❑ Is the transition from the curb ramp to the walkway, road or gutter flush and free of abrupt changes? ❑ ❑ Are the slopes of the road, gutter or accessible route adjoining the ramp no greater than 1:20? ❑ ❑ 4.7.3 Is the width of the curb ramp, not including the flared sides, at least 36 inches? ❑ ❑ 4.7.4; 4.5.1 Is the surface of the curb ramp stable. firm and slip -resistant? ❑ ❑ 4.7.5 If the curb Tamp is located where pedestrians might walk across it and if it is not protected by hand rails does it have flared sides? ❑ ❑ Do these flared sides have a slope of 1:10 or less? ❑ ❑ If sharp return curb cuts are present, is pedestrian cross traffic prohibi- ted by walls, guardrails, shubbery, or other elements? ❑ ❑ Exhibit IX.D - 23 (92) Passenger Loading Zone: I Survey Form 2: Passenger Loading Zone (continued) Yes No N/A /0,� 4.7.6 Do built up curb ramps not project into vehicular traffic lanes? ❑ G 4.7.8 Are curb ramps located or protected so that they will not be 1] 00 obstructed by parked vehicles? 4.5.4 Is the smaller dimension of grating openings no more than 1/2 inch, and are long dimensions of rectangular gaps placed perpendicular El to the usual direction of travel? 4.6.6 Is there at least 114 inches vertical clearance along the vehicle route ❑ ❑ to the passenger loading zone? Is there at least 114 inches verrical clearance at the passenger loading ❑ ❑ zone? Exhibit IX.D - 24 (92) Passenger Loading Zone: 2 4.3.2(1) Is there an accessible route within the boundary of the site linking Yes No NSA public transportation stops and the accessible building entrance? ❑ ❑ Is there an accessible route linking accessible parking and passenger loading zones with the accessible building ❑ ❑ entrance? Is there an accessible route linking public streets and sidewalks with the accessible building entrance? `g ❑ ❑ 7� 4.3.2(2) Is there an accessible route connecting accessible buildings, facilities, elements and spaces on the same site? ❑ ❑ 4.3.8 Is the accessible path,.N•aN, free of steps and stairs? '� ❑ ❑ 4.3.3 Is the accessible pathway at least 36 inches wide? � ❑ ❑� Where the accessible pathway makes a U-turn around an obstacle less than 48 inches wide, does the pathway width increase to at least 42 inches on the the approach and 48 inches in the turn? (Figure 7) ❑ ❑ 4.3.4 If the pathway is less than 60 inches wide, are there passing spaces at least 60 inches wide and 60 inches long at reasonable intervals not exceeding 200 feet? ❑ ❑ 4.3.5: 4.4.2 Is there at least 80 inches clear head rc,Om along the pathway? °F4T ❑ ❑ If head room is less than 90 inches in a space next to an accessible pathway, is there a cane detectable harrier within 27 inches of the ground? ❑ ❑ 4.4.1 If objects mounted to the wall have bottom edges between 27 and 80 inches from the floor, do they prgiect less than 4 inches into the path- way? (Wall mounted objects with bottom edges below 27 inches may project any amount so lung as they do not reduce the required clear width of an accessible route of travel.) El❑ If an object mounted on a Post (such as a sign or a telephone) has a - bottom edge hemeen 27 and 80 niches from the ground, does the Exhibit IX.D — 25 (92) Pathways: 1 Survey Form 3: Pathways (continued) Yes No N/A/"*, ,0 object project less than 12 inches into the path of travel? ❑ ❑ Is the accessible pathway at least 36 inches wide alongside the El El object? 4.1.1(7) On signs, do the letters and numbers have a width to height ratio 4.30.2 between 3:5 and 1:1, and a stroke width -to -height ratio ❑ ❑ between 1:5 and 1:10? 4.30.3 Do the characters and symbols contrast light/dark with their EJ Elbackground? 4.1.2(15); On permanent signage which identifies rooms and spaces, are the El ❑ 4.30.4 characters in sans serif font? Are the characters and symbols on signs raised at least 1/32 inches? ❑ c�K ❑ Are the raised characters or symbols between 5/8 inches and 2 inches ❑ % ❑ tall? 4.5.1 Are accessible pathway surfaces stable, firm and slip -resistant? ❑ ❑—, 4.5.4 Is the smaller dimension of -rating openings no more than 1/2 inch, and are long dimensions of rectangular spaces placed perpendicular ❑ ❑ to the usual direction of travel? 4.3.7 Is the slope of the accessible pathway no greater than 1:20? iE�r ❑ ❑ Is the cross slope of accessible pnthw:ty no greater than 1:50? ❑ ❑ i 4.3.8; 4.5.2 When walkway levels change, is the vertical difference between them less than 1/4 inch? ❑ If there is a change in level of between 1/4 inch ani 1/2 inch anywhere ❑ ❑ on the accessible route, is the ed, -,c beveled with a slope of 1:2? changes in level greater than 1/2 inch ramped" 15fAre ❑ ❑ 4.7.11 Where an accessible pathway crosses an island. is tate island cut ❑ ❑ ❑ through at street level? OR Are there curb ramps on both sides and a level arra at least 48 inches � ❑ ❑� long between them? 4.7.1 Is there a curb ramp wherever an :accessible pathway meets a curb? 154 El❑ Exhibit iX.D - 26 (92) Pathways: 2 4.7.5 If the curb ramp is located where pedestrians must walk across it and it is not protected by hand rails, does it have flared sides? 19" ❑ ❑ n Do the flared sides have 3 slope of 1:10 or less? W ❑ ❑' 4.7.6 Are built up curb ramps located so that they do nit project into vehicular traffic lanes? 0 ❑ ❑ 4.7.10 If diagonal (or corner-tvpe) curb ramps have well defined edges, are these edges parallel to the pedestrian traffic floe? ❑ ❑ Is there a minimum of 48 inches clear space within the crosswalk lines at the bonom of a dizgonal curb ramp? %❑ ❑ If the diagonal curb ramp has flared sides, does it have a minimum 24 inch segment of straight curb located on each side of the curb ramp within the cross-xalk lines? N ❑ ❑ Exhibit IX.D - 27 (92) Pathways: 3 i"1 Survey Form 3: Pathways (continued) 4.7.8 Are curb ramps located or protected so that they will not be obstructed Yes 1\o NIA by parked vehicles? % ❑ ❑� 4.7.9 Are curb ramps at crosswalks wholly contained within the crosswalk lines, except for the flared sides? ❑ ❑ 4.7.2 Is the slope of the curb ramp 1:12 or less? ❑ ❑ Is the transition from the curb rarnp to the walkway, road or gutter flush and free of abruat chanves? ❑ ❑ Are the slopes of the road, gutter, and accessible route at the top and bottom of the ramp no greater than 1:20? `� ❑ ❑ 4.7.3 Is the width of the curb ramp, not including the flared sides, at least 36 inches? ❑ 4.7.4 Is the surface of the curb ramp stable, firm and slip -resistant? ❑ ❑ 4.7.5 If the curb ramp is located where pedestrians must walk across it and it is not protected by hand rails, does it have flared sides? 19" ❑ ❑ n Do the flared sides have 3 slope of 1:10 or less? W ❑ ❑' 4.7.6 Are built up curb ramps located so that they do nit project into vehicular traffic lanes? 0 ❑ ❑ 4.7.10 If diagonal (or corner-tvpe) curb ramps have well defined edges, are these edges parallel to the pedestrian traffic floe? ❑ ❑ Is there a minimum of 48 inches clear space within the crosswalk lines at the bonom of a dizgonal curb ramp? %❑ ❑ If the diagonal curb ramp has flared sides, does it have a minimum 24 inch segment of straight curb located on each side of the curb ramp within the cross-xalk lines? N ❑ ❑ Exhibit IX.D - 27 (92) Pathways: 3 Is the "•ater stream at least a inches high it) allow the insertion. of a � 1:1 11cup under the stream? 4.15.4 Are the controls located near the: front edge' 5r ❑ ❑ 4.15.4; 4.27 � El ID the contro'.s orcrahlc with on,.- hand') Are they operable without tight prasping, pinching, t.,vi.tin_g, of the �jf wrist? L ❑ ❑ Exhibit IK.D - 23 (92) 11 Drinking Fountains and Telephones: I Yes No N/A 4.15.5(2) If the unit is free-standing or built in and does not have a clear space underneath it, does it have a clear floor space alongside it at least 30 by 48 inches which allows a wheelchair user to make a parallel approach? El 17 4.15.5(1) If the unit is wall or post mounted is there a clear knee space between the bottom of the apron and the ground which is at least 27 inches 1/c� ❑ high, 30 inches wide and 17 inches deep? 4.4.1 If a wall mounted drinking fountain has a bottom cd! -,c bevveen 27 and 80 inches from the floor, does it project less than 4 inches into the pathway? (Wall mounted fountains with bottom edges at or below 27 inches may project any amount so long as the required clear width of an accessible route of travel is not reduced.) [D El Is there an accessible path of at least 16 inches clear alongside the drinking fountain? ❑ ❑ ❑ 4.15.2 Is the spout outlet no higher than. 36 inches from the ground? ❑ ❑ 4.15.3 Is the spout at the front of the unit, with a water parallel ut nearly parallel to the front edge? ❑ ❑ ❑ Is the "•ater stream at least a inches high it) allow the insertion. of a � 1:1 11cup under the stream? 4.15.4 Are the controls located near the: front edge' 5r ❑ ❑ 4.15.4; 4.27 � El ID the contro'.s orcrahlc with on,.- hand') Are they operable without tight prasping, pinching, t.,vi.tin_g, of the �jf wrist? L ❑ ❑ Exhibit IK.D - 23 (92) 11 Drinking Fountains and Telephones: I Survey Form 4: Drinking Fountains and Telephones (continued) 4.31.1; 4.1.2(16) Yes No N/A At each bank of telephones, is there at least one accessible phone which meets the following requirements? 1/Z ❑ ❑ 4.4.1 If a wall mounted telephone has bottom edges between 27 and 80 inches from the floor, does it project less than 4 inches into the path- way? (Wall mounted telephones with bottom edges at or below 27 inches may project any amount so long as the required clear width of an accessible route of travel is not reduced.) ❑ ❑ If a telephone is mounted on a post with bottom edges between 27 and 80 inches high, does it project less than 12 inches into the route of travel? ❑ ❑ Is there an accessible path of at least 36 inches wide alongside the telephone? ❑ 4.31.2; 4.2.4 Does the accessible phone have a 30 by 48 inch clear ground space that allows either a forward or parallel approach by a person using a wheelchair? �if ❑ ❑ 4.31.3; 4.2.5; 4.2.6 If the clear ground space allows only a forward approach, then is the highest operable pan of the phone no more than 48 inches from the ground? ❑ ❑ If the clear ground space allows only a side approach to the telephone, then is the highest operable pan of the. telephone no more than 54 inches from the ground? M ❑ ❑ 4.31.7 Are telephone books also within these reach ranges? ❑ ❑ 4.31.5 Is volume control provided on the telephone? ❑ ❑ 4.31.6 Does the telephone have pushbutton controls unless such service is El 11unavailable? 4.31.8 Is the cord from the telephone to the handsc t at least 29 inches long? ❑ ❑ Exhibit IX.D - 29 (92) Drinking Fountains and Telephones: 2 Yes No N/A 4.8.2 Is the ramp slope 1:12 or less? D ❑ - Is the rise for any run 30 inches or less? ❑ ❑ 4.8.6 Is the cross slope of the ramp surface no greater than 1:50? ❑ ❑ 9 4.8.6; 4.5 Is the ramp surface non -slip? V D D Is the smaller dimension of grating openings no more than 1/2 inch, and are long dimensions of rectangular gaps placed perpendicular ❑ ❑ to the usual direction of travel? 4.8.3 Is the clear width of the ramp 36 inches or more? � ❑ ❑ landing bottom of each run? ' ❑ 4.8.4 Is there a level at the top and Is each landing at least as wide as the ramp and 60 inches long? Where the ramp changes direction, is the landing at least 60 by 60 ❑ inches? 4.8.5 If the ramp rises more than 6 inches or is longer than 72 inches, does it ❑ ❑ have a handrail on each side? On dogleg or switchback ramps, is the inside handrail continuous? ❑ ❑ is .t,. erinn;no c„rfarr rnntinuous? ❑ ❑ Are handrails fixed so that they do not rotate within their fittings? ❑ ❑ W Is the top of the handrail between 30 and 34 inches above the ramp ❑ ❑ surface? At ends of handrails, is there m least 12 inches of level handrail ❑ ❑ beyond the top and bottom of the ramp wer ent? id Are the ends of handrails rounded or returned smoothly to the floor, ❑ ❑ wall, or post? Exhibit IX.D - 30 (92) Ramps: I Survey Form 5: Ramps (continuo,_, Yes No N/A •4.8.5;4.26 Is the diameter of the handrail between 1-1/4 inches and 1-1/2 inches? ❑ ❑ OR Does the shape provide an equivalent gripping surface? ❑ ❑ At wall mounted handrails, is there exactly 1-1/2 inches between the handrail and the wall? ❑ ❑ 4.8.7 If a ramp or landing has a drop off, does it have a 2 inch curb, a wall, railings or from ❑ ❑ projecting sunaces which prevent people falling off? 4.8.8 Are ramps designed so that water will not accumulate on walking surfaces? �( ❑ ❑ Exhibit IX.D - 31 (92) Ramps: 2 4.9.2 In any one flight do all the steps have uniform riser height and tread Yes ❑ No ❑ width? Are the risers closed? ❑ ❑ Are the treads a minimum of 11 inches measured from nosing to nosing? ❑ ❑ 4.9.3 Do the nosings project no more than 1-1/2 inches? ❑ ❑ If the nosings do project, are the undersides beveled to prevent someone ❑ ❑ from tripping? 4.9.4 Do stairways have continuous handrails at both sides of all steps? ❑ ❑ On dogleg or switchback stairs, is the inside handrail conrinuous? ❑ ❑ At ends of handrails, is there at least 12 inches of level handrail beyond n the top riser? ❑ ❑ At ends of handrails, is there at least one tread width of sloping handrail beyond the bottom riser plus at least 12 inches of level handrail? 11 ❑ At wall mounted handrails, is there exactly 1-1/2 inches between the handrail and the wall? Is the gripping surface uninterrupteJ > y newel posts or other obstruc- tions? Are the tops of handrails beiwe. n ?(t and 34 inches above the nosings? Are the ends of handrails rounded car r::-.;rncd smoothly to the floor, wall or post? Are handrails fixed so that they do no, rot.,tc within their fittings? 4.9.4; 4.26 Is the diameter of the handrail hetween 1- *1;'-t inches and 1-1/2 inches? OR Does the shape provide an equix-Ac.n: gripping surface? 4.9.6 Are outdoor stairs designed �o tlt:tt ��: atcr dc�Cc rr�t :iC'c'L1nUl::tC. cm El 11 El surfaces'.' Exhibit IX.D - 32 (92) Smirs: I n Yes No 4.11.3 If a platform lift is installed, can it be used without assistance? ❑ ❑ 4.11.2; 4.2.4 Is there at least a 30 x 48 inch clear space positioned for a person in a wheelchair to reach the controls and enter the lift? ❑ ❑ Is the lift platform at least 30 x 48 inches? ❑ ❑ 4.11.2; 4.27.3; 4.2.5; 4.2.6 If the clear space allows for a forward reach, is the height of the lift control 48 inches or less? ❑ ❑ If the clear space allows for a side reach, is the height of the lift control 54 inches or less? ❑ ❑ 4.11.1; 4.27 Are the controls operable with one hand? ❑ ❑ Are they operable without tight grasping, pinching, or twisting of the wrist? ❑ ❑ 4.11.1; 4.5.1 Is the surface on the lift and on the accessible route of travel to which it connects stable, firm and slip -resistant? ❑ ❑ 4.11.1; 4.5.2 If there is a change in level of between 1/4 inch and 1/2 inch, is the edge beveled with a slope of 1:2 or less? ❑ ❑ Exhibit IX.D - 33 (92) Lifts: 1 Yes No N/A 4.14.2 Is the accessible entrance to the building not a service entrance unless the only entrance to the building is a service entrance? [ ( ❑ ❑ 4.14.1 Within the boundaries of the site, is the accessible entrance con- nected by an accessible route to existing public transportation stops, accessible parking and passenger loading zones, and to public streets ❑ 1:1or sidewalks? 1�_( Is the accessible entrance connected by an accessible route to all ❑ ❑ accessible elements or spaces within the building or facility? 4.14.1; 4.3.8 If there is a vertical level change between 1/4 inch and 1/2 inch at or along route to the entrance, is the edge beveled with a slope of 1:2 or less? ❑ ❑ If there is a venical level change greater than 1/2 inch at the en. trance, is it treated with a curb ramp, ramp, or platform lift? 4.13.2 If turnstiles or revolving doors are used on an accessible route, is there an accessible gate or door provided to facilitate the same use pattern? 4.13.3 Do all gates including ticket gases meet all the applicable specifica- tions for doors? Exhibit IX.D - 34 (92) Entrance: 1 ID Exhibit IX.D - 34 (92) Entrance: 1 n .r 4.13.2 If a revolving door or turnstile is used on an accessible route, is an Yes No N/A accessible door or gate provided to facilitate the same use pattern? ❑ ❑ 4.13.3 Do all gates including ticket gates meet all the applicable specifica- 15( tions for doors? ❑ ❑ 4.13.4 If the doorway has two independently operated door leaves, does at least one active leaf provide a 32 inch clear opening width and ma- ❑ neuvering space as shown in Figure 25? ❑ ❑ 4.13.5 When a door is open 90 degrees, is there a clear opening at least 32 inches measured between the face of the door and the door stop on ❑ the latch side? ❑ ❑ If the door does not require full user passage, such as a shallow ❑ closet, is the clear opening at least 20 inches? � ❑ ❑ 4.13.6 If the door is not automatic or power assisted, does it have maneu- vering space relative to the direction of approach as shown in Figure 25? V ❑ ❑ Is the floor level and clear within the required maneuvering space? % ❑ ❑ 4.13.7 If there are two doors in series, is the clear space between the walls at either end of the vestibule at least 48 inches plus the width of the door? 15( ❑ ❑ Do the doors in the series swing in the same direction? ❑ ❑ OR Do they swing away from the space between them? ❑ ❑ ❑ 4.13.8 If there is a raised threshold, is it beveled at 1:2 or less? ❑ ❑ Is the threshold no higher than 1/2 inch? (Exception: An exterior sliding door have 3/4 inch ❑ ❑ can a threshold.) 4.13.9 Are all handles, locks, and latches operable with one hand? ❑ ❑ Are they operable without tight pinching, tight grasping or twisting of the wrist? ❑ ❑ Exhibit IX.D - 35 (92) Doors and Gates: 1 Survey Form 9: Doors and Gates (continued) Yes No Nle', If there are sliding doors, is the operating hardware exposed and usable from both sides when the doors are fully open? Is the hardware mounted no higher than 48 inches above floor level? 4.13.10 If the door has a closer, does it take at least three seconds to move from 70 degrees open to a point 3 inches from the latch? 4.13.11 Do interior doors have an opening force of 5 lbs or less? 4.13.9; 4.29.3 Are doors to hazardous areas identifiable to the touch by a textured surface on the door handle, knob, pull, or other operating hardware? Is this texturing not used on any doors other than those that lead to hazardous areas? ►: ►4 M V: Exhibit IX.D - 36 (92) Doors and Gates: 2 Surrey Form 9: Doors and Gates (figures) Pull Lar Push ser �� .. Eiw c OM E 24 v us i MOTE ■ 12 in (305 mm) r door has bot . dose arsd Mch Front Appraadsei — SwIngtng Doors Pull S.Or rush Srdr � Sdrsrn ...................................�. I ss1 io O I I vI tYO� in (915 mm� mi'IITJT. 11 1' 60 in � IS (1525 mm)_ :. 42 in (l M 5 mm) meumum M y 54 in (1370 mm) (I' MOTE y s 48 in (1220 mm) mwmum if door hes Oats a Itch and closer. (0) Mtinge Side Approaches — SMrVU g Doors X Pull ser 24 mr JE p �] I. �r MOTE y - 54 In (1370 mm) mvumum If door has CW*--. X Nth Sale 24m1n .so i MOTE y m b in (1220 mm) minimum if door hes dose. (c) Latch Side Approaches — SwirgUsg Doors i S� a �- (d) (a) Front Approach — Sliding Doors SI(de Side Approach — SUdJng Doors and Folding Doors and Folding Doors X 24 ownI ...................... (1) Latch We Approach —Sliding Doom and Folding Doom MOTE All doors in alcoves BVI comply with the cleararKes la hon approaches Fla. 25 Mlanetrverin9 Ckarances at Doors Exhibit I D - 37 (92) Doors and Gates: 3 r"N Survey Form 10: Building Lobbies and Corridors (figures) #MI 4 umim I 48 min 36 min WT 1220 91.5 e;v (a) 90`Tum (c) Changes in level E 'r L NOTE: Dimensions shown apply when x < 48 in (I Z20 mm). (b) Tums around an Obstruction Fig. 7 Width of Accessible Route Exhibit IX.D — 40 (92) (d) Changes /n level Building Lobbies and Corridors: 3 n /'11 10"14N ' Each elevator serving levels in a multi -story building or facility must comply with 4.10. Freight elevators are to be surveyed if the only eleva- tors provided are combination passen- ger and freight elevators used by the public. (4.10.1) Yes \o Hallway Call Buttons: El F-14.10.3 Are the hallway call burons centered at 42 inches above the floor? Are the call buttons at least 3/4 inches in the smallest dimension? ❑ ❑ Do they have visual signals to indicate when each call is registered and answered? ❑ ❑ Is the button designating the up direction above the down button? ❑ ❑ Are the buttons raised or flush with the wall? ❑ ❑ If there is an object below the bunons, does it project no more than 4 inches into the elevator lobby? ❑ 4.10.4 Is there a visible and audible signal at each hoistway entrance to indicate which car is answering a call? ❑ ❑ Do audible signals sound once for up and twice for down, or do the}, 1:1 11have verbal annunciators that say "up" or "down"? Are the visual signals: -mounted at least 72 inches above the floor? ❑ ❑ -at least 2-1/2 inches in the smallest dimension? ❑ ❑ -visible from the vicinity of the hall call button? ❑ ❑ Door Jamb and Threshold: 4.10.5 Does each elevator hoistway entrance have a raised floor designation ❑ ❑ on each doorjamb centered 60 inches from the floor? Are these figures 2 inches tall? ❑ ❑ F' 4.10.5; Do the numbers on the floor designation sign have a width -to -height 4.30 ratio between 3:5 and 1:17 ❑ ❑ Exhibit IY.D - 41 (92) Elevators: 1 r. Survey Form 11: Elevators (continued) Yes No N/ n Do they have a stroke width -to -height ratio between 1:5 and 1:10? ❑ ❑ Does the color of the numbers contrast with the color of the back- ground? ❑ ❑ Are the numbers raised at least 1/32 of an inch? ❑ ❑ Are the numbers in sans serif font? ❑ ❑ 4.10.2 Does the floor of the elevator car come within 1/2 inch of the hall- way floor at each stop? ❑ ❑ 4.10.9 Is the horizontal gap bete.-een the car floor platform and the landing edge no greater than 1-1 /4 inches? ❑ ❑ Doors: 4.10.6 Do the elevators doors open and close automatically? ❑ ❑ Do they re -open automadcally without contact if they become ob- structed? 4.10.7 Is the time from when the elevator's arrival is signaled until the doors begin to close at least 5 seconds? ❑ ❑ If any hoistway door is further than 7.5 feet from the hall call but- ton, does the rime increase according to Figure 21? ❑ ❑ 4.10.8 Do the elevators doors remain fully open for a minimum of 3 scc- 1:1 ❑ onds? Elevator Floor: 4.10.9 Does the floor area of the car allow maneuvering room for wheel- chair users to enter the car, reach the controls, and exit ? (Figure 22) ❑ ❑ 4.5.1 Are the floors in and adjacent to the elevator stable. firm, and slip -resistant? ❑ ❑ 4.10.11 Is the illumination level at the car controls, the platform, and the car threshold and landing sill at least 5 footcandles? ❑ ❑ Elevator Control Panels: 4.10.12 Are the control buttons at least ?/a inches in their smallest dimen- sions? ❑ ❑ Are the controls designated by raised characters or symbolsatleast 1/32 of an inch high placed immediately to the left of the buttons? ❑ ❑ Exhibit IX.D - 42 (92) Elevators:2 r"1 Survey Form 11: Elevators (continued) Yes No ' A 4.10.12; Do the raised characters have a wvidth-to-hcibht ratio bLtw,ecn 3:.5 El El and 1:1? Do they have a stroke width -to -height ratio between, 1:5 and 1:10? ❑ ❑ Does the color of the numbers contrast with the color of the back- ❑ ❑ ground? Are the raised numbers between 5/8 inch and 2 inches tall? ❑ ❑ Are the numbers in sans serif font? ❑ ❑ Is the button for the main enu-y floor designated by a raised star? ❑ ❑ 4.10.12 Do the floor buttons have visual indications to show when each call 11 11is registered? Are the floor buttons no higher than 48 inches above the floor? ❑ ❑ Are the emergency buttons grouped at the bottom of the panel with centerlines no less than 35 inches above the floor? If the cars have central opening doors, are the controls located on a front wall? IM M SME If the cars have side opening doors are the controls located on the side or front wall adjacent to the doors? ❑ ❑ 4.10.13 Is there a visual car position indicator above the car control panel or over the door to indicate the floor level? ❑ ❑ Do the numerals illuminate and does an audible signal sound as the car passes or stops at a floor? ❑ ❑ Are the numerals at least 1R inch high? ❑ ❑ Emergency Communications: 4.10.14 Is there an emergency two-way communication system between the elevator and a point outside the hoistway? ❑ ❑ Is the communication system identified by a raised symbol or El ❑ lettering? Is the highest operable part of a two-way communication system 48 ❑ ❑ inches above the floor or less? - Exhibit IX.D - 43 (92) ` Elevators: 3 Survey Form 11: Elevators (continued) Yes No If the system uses a handset, is the length of the cord from the panel ❑ ❑ to the handset least 29 inches? If the system is in a closed compartment, is the hardware on the compartment door operable with one hand, and does its operation not require tight grasping, pinching, or twisting of the wrist? ❑ ❑ Is the emergency intercommunication usable without voice commu- nication? ❑ ❑ Exhibit IX.D - 44 (92) Elevators: 4 Survey Form 11: Elevators (figures) N C O v O N C d E 13 12 11 10 f • 7 • 5 3 2 0 S 6 • 10 12 u 16 16 D distance in feet Fig. 21 Graph of Timing Equation 80 min ---- 2030 C F O 0 36 min 915 (a) C c_ E 0 Ln LO 36min ► r 915—� (b) Fig. 22 Minimum Dimensions of Elevator Cars Exhibit IX.D — 45 (92) Elevators: 5 4.13 Do the doors comply with 4.13? (Use Survey Form 9: Doors and Yes No N/A Gates to determine compliance). ❑ ❑ 4.3.3 Arc aisles at least 36 inches wide except at doors? ❑ ❑ Where the accessible pathway makes a U-turn around an obstacle which is less than 48 inches wide, does the pathway width increase to at least 42 inches on the the approach and 48 inches in the turn? (Figure 7b) ❑ ❑ 4.3.4 If the aisles are less than 60 inches wide, are there passing spaces at least 60 inches wide and 60 inches long within reasonable intervals not exceeding 200 feet? ❑ ❑ 4.3.5 Is there at least 80 inches clear head room in the accessible space'.) ❑ ❑ If head room in part of an accessible space is less than 80 inches, is n there a cane detectable barrier within 27 inches of the floor? ❑ ❑ 4.4.1 If objects mounted to the wall have bottom edges between 27 and 80 inches from the floor, do they project less than 4 inches into the space? (Wall mounted objects with bottom edges below 27 inches may project any amount so long as they do not reduce the required clear width of an accessible route of travel.) ❑ ❑ Do free standing objects mounted on posts -with bonom edges between 27 and 80 inches high project less than 12 inches into the route of travel? Is there an accessible path of at least 16 inches clear alongside the protruding object? 4.5.1 Are the floors in all accessible rooms and traces stable, firm, and slip -resistant? 4.3.8; 4.5.2 Is any level change greater than 1 i21 inch ramrod? Are level changes between 1/4 incl: and lit inch beveled with a slope no greater than 1:2? Exhibit IX.D - 46 (92) Rooms and Spaces: 1 /�N Survcy Form 12: Rooms and Spaces (continued) Yes No N/A When floor materials change, docs the vertical difference between ❑ ❑ them meet these provisions? ❑ ❑ 4.5.3 if carpet or carpet the is used on the floor, is it securely attached? Is it a low pile type of carpet with a firm pad or no pad underneath it) ❑ ❑ Signage 4.1.1(7); 4.30.2 On room signs, do the letters a -rid numbers have a width to height ratio between 3:5 and 1:1, and a stroke width -to -height ratio between ❑ 1:5 and 1:10? 4.30.3 Does the color of the characters and symbols contrast with the color V ❑ ❑ of the background? 4.1.2(15); 4.30.4 Do signs providing permanent identification of rooms and spaces ❑ ❑ have raised letters? Are they mounted on the wall at the latch side of the door between D El54 and 66 inches above the floor? Are the characters sans serif? ❑ `�-'� ❑ Are the characters and symbols on signs raised 1/32 inch? ❑ ❑ Are the raised characters or symbols between 5/8 inch and 2 inches ❑ tall? Storage: 4.25.2; 4.2.4 Is there a clear floor space 30 x 48 inches at storage facilities which ❑ allows for either a forward or side approach in a wheelchair? 4.25.3; 4.2.5 If a side approach is provided, is there storage space between 9 and C ❑ 54 inches from the floor? If a front approach is provided, is there storage space between 9 and ❑ ❑ 48 inches from the floor? Exhibit IX.D - 47 (92) Rooms and Spaces: 2 Survey Form 12: Rooms and Spaces (continued) Yes No N. Are clothes rods a maximum of 54 inches from the floor? ❑ r�( ❑ 4.13.5 Where passage is not required to access storage, does the door have at least 20 inches in clear opening width? ❑ ❑ 4.25.4; 4.27.4 Is the hardware on the storage space doors operable with one hand? ❑ ❑ Is the hardware operable without tight grasping, pinching, or twisting of the wrist? ❑ ❑ Seating, Tables and Work Surfaces: 4.1.2(17) Do 517-c (but not less than one) of the built-in or fixed searing tables and work surfaces meet the following requirements? ❑ EJ 4.32.2; 4.2.4 Do these seating spaces .%,hich are provided for people in wheel- chairs have a 30 x 48 inch clear space %%hich overlaps an accessible route? ❑ ❑ n Is no more than 19 inches of the 30 x 48 inch clear space measured 45) ❑ under the table? (Figure U 4.32.3 Is the knee space at least 27 inches high, 30 inches wide, and 19 ❑ El inches deep? (Figure 45) 4.32.4 Is the top of the table or work surface bem-cen 28 and 34 inches from the floor? -0❑ ❑ 4.3.3 Are the aisles between tables at least 36 inches wide? —t7j ❑ ❑ Controls: 4.27.3 Are light switches, thermostatic controls, electrical receptacles and similar devices between 15 and 54 inches from the floor when the clear floor space allows a parallel approach? ❑J ❑ OR ` Are they between 15 and "'R inches whcn the clear floor space allows only a forward approach? ❑ ❑ Exhibit IX.D — 48 (92) Rooms and Spaces: 3 Survey Form 12: Rooms and Spaces (figures) r- 4 36TH 48,,- (a) 90'Tiun NOTE. Dimensions shown appy when : < 48 in (1220 mm1 (b) Tums around an Obstruction Fig. 7 Wldtti of Accessible Route r?or I sties �b accessible path of travel Fv. 45 Minimum Clearances for Seating and Tabks Exhibit zx.n - 49 (92) Rooms and Spaces: 4 Use in conjunction with Form 12: Rooms and Spaces If places of assembly are provided, they shall comply with the following table: Capacity of Seating Number or Required and Assembly Meas Wheelchair Locations 50 to 75 3 76 to 100 4 101 to 150 5 151 to 200 6 201 to 300 7 301 to 400 g 401 to 500 9 501 to 1,000 2% of total over 1.000 20 plus 1 for each 100 over 1,000 4.33.1; 4.1.2(18) Yes No N/A Is the required number of wheelchair locations in assembly spaces provided? 9( ❑ ❑ 4.33.2 Is the s- ::e for 2 wheelchairs 66 inches wide? (Please note: ?bete is no requirement that wheelchair spaces must be paired.) �( ❑ ❑ If people must wheel into the space from the side, are the spaces at least 60 inches deep? ❑ ❑ If people can wheel into the space from in front or behind the space, are the spaces 48 inches deep? ❑ ❑ 4.33.3 Are the wheelchair seating spaces an integral part of the seating plan? 7—k ❑ ❑ 4.33.4; 4.5 Are they dispersed throughout the seating area? (Exception: Acces- sible viewing positions may be clustered for bleachers, balconies, and other areas having sight lines which require slopes greater than 5%.) ❑ ❑ Do they adjoin an accessible route that also serves as a means of egress in an emergency? ❑ ❑ Are the sightlines from these seating areas comparable to those for all viewing areas? ❑ ❑ 1e1^1.1 Are the floor surfaces at and around these seating areas level, stable, ❑ ❑ firm, and slip -resistant? n Are level changes greater than lit inch ramped:' ❑ ❑ Exhibit IX.D - 50 (92) Assembly Rooms: 1 Survey Form 13: Assembly Rooms - -- Yes No N/A Are level changes between 1/4 and 1/2 inch beveled with a maximum ❑ ❑ slope of 1:2? If carpet is used in the area, is it a low pile type with firm padding or ❑ ❑ no padding underneath it? Where floor materials change, is the vertical difference between them ❑ less than 1/4 inch? If the vertical difference is bet -ween 1/4 and 1/2 inch, is it beveled with ❑ ❑ a slope of 1:2 or less? 4.33.5 Is there an accessible route connecting wheelchair seating locations and performance areas including stages, arena floors, dressing rooms, -EIZ ❑ ❑ locker rooms, and other spaces used by performers? 4.1.2 (18) If the assembly area has an audio -amplification system, is there a ❑ ❑ listening system for persons with severe hearing loss? If the area is used primarily as meeting or conference space or has no amplification system, is there a permanently installed or portable listening system? �Wf ❑ ❑ 4.33.6 If the listening system serves individual fixed seats, are these seats ❑ ❑ located within a 50 foot viewing distance of the stage or playing area? Do these seats have a complete view of the stage or playing area? ❑ ❑ Exhibit IX.D - 51 (92) Assembly Rooms: 2 .i �-• Yes No N/A 4.22.1 Are the toilet rooms located on an accessible route? 9<. ❑ ❑ 4.22.3 Is there an unobstructed turning space (a 60 inch diameter circle or T-shaped space) in the toilet room? ❑ ❑ Doors to Toilet Room, Toilet Stalls, and to Storage: (Survey each with Form 9: Doors and Gates.) 4.22.2 Does no door swing into a required clear floor space at an accessible fixture? ❑ ❑ Accessible Toilets: 4.16.2;4.22.3 Is the centerline of the toilet 18 inches from a wall or partition which is prepared for the installation of a grab bar? ❑ ❑ If the toilet is approached from the front and there is a lavatory alongside the toilet, is there a clear floor space at least 48 inches wide by 66 inches long? (Figure 28) Z ❑ ❑ If the toilet is approached from the side and there is a lavatory alongside the toilet, is there a clear floor space at least 48 inches m ide by 56 inches lone? ❑ ❑ If there is provision for a side approach (no lavatory alongside the toilet) is there a clear floor space at least 60 inches wide by 56 ❑ 1:1incheslong? 4.16.3 Is the top of the toilet seat bctween 17 and 19 inches from the floor? / ❑ ❑ Is the seat a type that does not automatically spring hack to an open position? 0 ❑ ❑ 4.16.4 If the water closet is not located in a stall, is the back grab bar at least 36 inches long with one end mounted at least 12 inches from the centerline of the toilet? ❑ ❑ Is the side bar at least 42 inches long with the front end 54 inches A*—'s, from the back wall? P ❑ ❑ Exhibit IX.D - 52 (92) Toilet Rooms: 1 „'1 Survey Form 14: Toilet Rooms (continued) Yes No NIA Are the grab bars mounted horizontally between 33 and 36 inches above the floor? ❑ ❑ 4.16.4; 4.26; 4.17.6 Is the diameter of the grab bar between 1-1/4 inch and 1-1/2 inch? ❑ ❑ OR DoDo ❑ ❑ es the shape provide an equivalent gripping surface? *Z Is the space between the grab bar and the wall exactly 1-1/2 inches? ❑ ❑ Are the grab bars secured so that they do not rotate within their fit- tings? E]❑ ❑ reversed. stalls are not permitted new construction.) 4f Is the grab bar and the wall adjacent to it free of any sharp or abra- 0 ❑ ❑ sive elements? 49 ❑ ❑ 4.16.5 Are flush controls automatic or operable with one hand? ❑ ❑ Are they mounted on the wide side of the toilet area? ❑ ❑ Are they no higher than 44 inches above the floor? , ❑ ❑ 4.16.5; 4.27 T "Are the flush controls operable without tight grasping, pinching or J6 ❑ EJ twisting of the wrist? Accessible Toilet Stalls: El El Are the accessible toilet stalls on an accessible route? Toilet Rooms: 2 4.17.3 Does the size and arrangement of the accessible toilet stalls comply with the standard stall shown in Figure 30(a)? (Arrangements may be Alternate in ❑ ❑ reversed. stalls are not permitted new construction.) Is the stall at least 60 inches wide? ❑ ❑ If the toilet is wall mounted, is the stall at least 56 inches deep? 49 ❑ ❑ If the toilet is a floor mounted model, is the stall at least 59 inches deep? ❑ ❑ Is the stall door located at the "open” side of the toilet? ❑ ❑ 4.17.4 If the stall is less than 60 inches deep, does the front partition and at least one side partition have toe clearances of at least 9 inches above ❑ ❑ the floor? Exhibit IX.D — 53 (92) Toilet Rooms: 2 Survey Form 14: Toilet Rooms (continued) 1.17.5; When the stall door iso n 90 de Yes No N/A n pc grecs, is there a clear opening of at 4.13 least 32 inches measured between the face of the door and the edge of the partition on the latch side? ❑ ❑ If the stall door swings into the stall, is there at least 36 inches addi- tional depth in the stall? (Figure 30 (a-1)) ❑ ❑ If the stall door swings out and the approach is from the latch side, is the aisle approaching the stall at least 42 inch wide? OR If the stall door swings out and the approach is from the hinge side, is the aisle approaching the stall at least 48 inches wide? 4.17.5; 4.13 If the stall door opens out at the end of an aisle, is there at least 18 inches of maneuvering space at the latch side of the stall door? 4.17.6 Are the grab bars placed as shown in Figure 30 a, a-1, c or d? 4.16.6 Is the paper dispenser mounted no more than 36 inches from the back wall and at least 19 inches from the floor so as to permit unob- structed use of the grab bar? Does the dispenser not obstruct use of the grab bar? Does the dispenser allow continuous paper delivery? Urinals: 4.22.5 Where urinals are provided, does at least one meet the followin.- re- quirements? 4.18.2 Is the urinal a stall type? OR Is the urinal wall hung? Does the urinal have an elongated rim no more than 17 inches above the floor? 4.18.3 Is there a clear floor space 30 by 48 inchrs which allows a forward approach to the urinal? Does the clear floor space adjoin or overlap an accessible route? If urinal shields are provided is there a minimum of 29 inches between the two panels, and do they not extend beyond the front. - edge of the urinal rim?Exhibit Ix.D - 54 (92) ❑ ❑ n ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Toilet Rooms: 3 n Survey Form 14: Toilet Rooms (continued) Yes No N, 4.18.4; 4.27.4 Are the flush controls automatic or operable with one hand without El El grasping, pinching, or twisting of the wrist? Are the controls mounted no more than 44 inches above the floor? ❑ Jf ❑ Lavatorn: 4.22.6. Does at least one lavatory meet the following requirements? EDEl❑ 4.19.2 Is the Lavatory rim or counter surface no higher than 34 inches above ❑ ❑ the finished floor? Is there a clearance of at least 29 inches from the floor to the bottom the apron? 4#1 El 11of Do the toe and knee clearances comply with Figure 31? ❑ ❑ 4.19.3 Is there a clear floor space at least 30 by 48 inches in front of the ❑ ❑ lavatory allowing a forward approach? Is not more than 19 inches of this clear floor space measured under- ❑ E - neath the lavatory? Does the clear floor space adjoin or overlap P.r. accessible route? ❑ ❑ 4.19.4 Are hot water pipes and drain pipes insulated or otherwise covered? � ❑ �.-� Is the area below the lavatory tree of sha p or abrasive surfaces? � ❑ 4.19.5; 4.27.4 Can the faucet be operated with one h: nd without tight grasping, ❑ pinching, or twisting of the wrist? If the valve is self closing, does it rernain open for at least 10 sec- ❑ r-1onds? Mirrors: 4.22.6; 4.19.6 Does at least one mirror have a Km mt mitt of the reflecting surface ❑ ❑ no higher than 40 inches from the flog? Dispensers: 4.22.7 Is at least one of each dispenser type accc,�sib?: and on an accessible ❑ C route? Exhibit IX.D - 55 (92) Toilet Rooms: 4 — Survey form 14: Toilet Rooms (continued) 4.22.7; 4.27 Yes No N/A'*'—' Is there a 30 x 48 inch clear space which allows either a forward or a parallel approach to the dispensers? ❑ ❑ 4.22.7; 4.27 If a forward approach is provided, is the highest operable part no higher than 48 inches? ❑ ❑ If a side approach is provided, is the highest operable part no higher . than 54 inches? ❑ ❑ Can the dispenser be operated with one hand without any tight grasping, pinching, or twisting of the wrist? ❑ � ❑ Medicine Cabinet: 4.23.9 If medicine cabinets are provided, does at least one have a usable shelf no higher than 44 inches from the floor? ❑ *W ❑ Storage: 4.25.2 is there a clear floor space 30 x 48 inches at storage facilities which allows for either a forward or side approach in a wheelchair? ❑ 01 ❑ n 4.25.3 If a side approach is provided, is there storage space between 9 and 54 inches from the floor? ❑ ❑ If a front approach is provided, is there storage space between 9 and 48 inches from the floor? ❑ ❑ Exhibit IX.D - 56 (92) Toilet Rooms: 5 n Survey Form 14: Toilet Rooms (figures) other approaches 48 min (a) Standard. Stall ON W Rear Wall of Standard Stall Mg. 30 Tollet Stalls n 36 min 915 I I I " I clear \ I floor \ i space 11 4 (a•1) Standard Stall (end of roto) zr— alternate 2) min I Exhibit IX.D - 57 (92) (d) Side Walls Toilet Rooms: 6 136 max i 915 rplin `"4,joilet paper—' -7 �p C in rn�a Exhibit IX.D - 57 (92) (d) Side Walls Toilet Rooms: 6 Survey Foran 14: Toilet Rooms (figures) 6 m' 915 8 4!S •S! r r r r `lav :--. I c I 'E 1 � o j' fa Clear I floor I spate �r a mir� ,zzo Possible Mali locations - - - - - - 36m -n a+s l 12 min 112 mn 3051 3051 (a) Back Wall 48 mm 1220 Fig. 28 Clear Floor Space at Water Closets 54 1� I� c 1: Ec I� • Clear � floor I space 60M,M •� '� loile paper E N SIO Fig. 29 Grab Bars at Water Closets (b) Side Wall Flg. 31 Lavatory Clearances Exhibit IX.D - 58 92 Toilet Rooms: i ' � I 1 Fig. 28 Clear Floor Space at Water Closets 54 1� I� c 1: Ec I� • Clear � floor I space 60M,M •� '� loile paper E N SIO Fig. 29 Grab Bars at Water Closets (b) Side Wall Flg. 31 Lavatory Clearances Exhibit IX.D - 58 92 Toilet Rooms: rMa n Yes No N/A 4.23.1 Are the accessible bathing facilities on an accessible route? ❑ ❑ [�] Bathtubs: 4.23.8 Where bathtubs are provided, does at least one meet the following requirements? ❑ ❑ 4.20.2 Does the clear floor space which depends on the direction of approach comply with Figure 33? ❑ ❑ 4.20.3 Is an in -tub seat or a seat at the head of the tub provided? ❑ ❑ Is the seat mounted securely so that it will not slip during use? ❑ ❑ 4.20.4 Are grab bars provided as shown in Figures 33 and 34? ❑ ❑ 4.20.4; 4.26 Is the diameter of the grab bar between 1-1/4 inches and 1-1/2 inches? ❑ ❑ OR Does the shape provide an equivalent gripping surface? ❑ ❑ Is the space between the grab bar and the wall exactly 1-1/2 inch? ❑ ❑ Is the grab bar secured so that it does not rotate within the fittings? ❑ ❑ Is the grab bar and the wall adjacent to it free of any sharp or abra- sive elements? 4.20.5; 4.27 Can faucets and other controls be opermed with one hand without any tight grasping, pinching, or twisting of the wrist? ❑ ❑ 4.20.5 Are they located within the arra shown in Figure 34? ❑ ❑ 4.20.6 Is there a shower spray unit with a host at least 60 inches long? ❑ ❑ Can the shower spray unit be both hand held and fixed to the wall? ❑ ❑ Exhibit Ii.D - 59 (92) Bathtubs and Showers: 1 Survey Form 15: Bathtubs and Showers (continued) Yes No N/A ..4.20.7 1f provided, are bathtub enclosures located so that they do not ob- struct the controls or transfer from a wheelchair onto the bathtub ❑ ❑ seat? If the enclosure is mounted on the bathtub, is there no track mounted ❑ ❑ on the rim? Showers: 4.23.8 Where showers are provided, is at least one made accessible by 11 11meeting the provisions below? 4.21.2 Does the shower stall size and clear floor space comply with either Figure 35(a) for a transfer type shower or 35(b) for a roll -in a ❑ shower? Transfer Type Shower as shown in Figure 35(a): 4.21.3 If the shower stall is the type shown in Figure 35(a), is it exactly El 1136 x 36 inches? Is there a clear floor space 36 x 48 inches outside the stall with 12 ❑ El extending beyond the seat wall? (Fig. 35(a)) Is there a seat mounted between 17 and 19 inches from the floor? ❑ ❑ Does the seat extend the full depth of the stall? ❑ ❑ Is the seat on the wall opposite the controls? ❑ ❑ 4.21.4 Are grab bars provided along the control wall and half the back wall, ❑ 1:1but not behind the seat? 4.21.7 If curbs arc provided, are they no higher than 1/2 inch? ❑ ❑ 4.21.8 If provided, is a shower stall enclosure located so that it does not obstruct the controls or prohibit transfer from the wheelchair onto ❑ 1:3the shower seat? 4.21.5 Are the controls located within the arca shoo r. in Figure 37(a)? ❑ ❑ 4.21.4 Are grab bars provided as shown in Figure 37(a)? ❑ ❑ Roll -in Type Shower as shown in Figure 35(b): 4.21.2 Is the roll -in shower at least 30 x 60 inches as shown ill Figure ❑ ❑ 35(b)? Exhibit IX.D - 60 (92) Bathtubs and Showers: 2 Survey Form 15: Bathtubs and Showers (continued) Yes No N/A Is there a 36 x 60 inch clear floor space alongside the shower as shown in Figure 35(b)? ❑ ❑ 4.21.4 Does a grab bar extend around three sides as shown in Figure 35(b) and Figure 37(b)? ❑ ❑ 4.21.7 Is there no curb at all in the roll -in shower? ❑ ❑ 4.21.5 Are the controls located on the end wall within the area shown in Figure 37(b)? ❑ ❑ Both Types of Shower: 4.21.4; 4.26 Is the diameter of the grab bar beta-een 1-1/4 inch and 1-1/2 inch? ❑ ❑ OR Does the shape provide an equivalent gripping surface? ❑ ❑ Is the space between the grab bars and the wall exactly 1-1/2 inches? ❑ ❑ Is the grab bar secured so that it does not rotate within the fittings? ❑ ❑ Is the grab bar and the wall adjacent to it free of any sharp or abrasive ❑ elements? El 4.21.5; 4.27.4 Can the controls be operated with one hand without tight grasping, El ❑ pinching, or Twisting of the wrist? 4.21.6 Does the shower spray unit have a hose at least 60 inches long? ❑ ❑ Can the shower spray unit be both hand held and fixed to the wall? ❑ ❑ Exhibit IY.D - 61 (92) Bathtubs and Showers: 3 Survey Form 15: Bathtubs ..,Id Showers (figures) p15 I I •r-, char El i Moor V ID$ lav_ space' 1_............................... 60 min 1523 control area -r— , r , Eic CO clear floor i^ space .. .............................I 1525 (a) Wlth Seat In Tub Fig. 33 Clear Floor Space at Bathtubs toot 24 min 610 control area , L_ .J toot 24min e10 i ! I 12 ma: —305 I � � o C-) o 0 back (a) With Seat in Tub i1220 I I i back (t?) With Seat at Head of Tub Fig. 34 Grab Bars at Bathtubs (b) With Seat at Head of Tub I12min ]05 seat head 4cm N head /0—*., Exhibit IX.D — 62 (92) Bathtubs and Showers: 4 E p o ' ; clea r C'9,� lav: spoor space .. ...................................... I %r5 min 1905 i1220 I I i back (t?) With Seat at Head of Tub Fig. 34 Grab Bars at Bathtubs (b) With Seat at Head of Tub I12min ]05 seat head 4cm N head /0—*., Exhibit IX.D — 62 (92) Bathtubs and Showers: 4 Survey Form 15: Bathtubs am n lowers (figures) 36 915 back e ---- to i h 1 P M i 0 u ..uw««..««..........««..««« C E 60 1220 "...»........................ rb) 30 -In by 60 -In (760 -mm by 1525 -mm) Stall uo A) 36•in :ty 36 -In (915 -mm bl 915•mm) Stali Flg. 35 Shower Slu and Clearances seal +all 18 - � J 1 Conte of I us 1 � e �.r {D_' E^ E I t'7 0 bACk control will (a) 36 -in by 36•!n (915 -mm by 915 -mm) Stall buck control wall (b) 30 In by 60•!n (760-rnm by 1525 -mm) Stall Fig. 37 Grab Bars at Shower Stalls Exhibit IX.D - 63 (92) control area CDI!! i e C? ta E E c M 6Mrn ODn M a MIS a�. tDrn M P Bathtubs and Showers: 5 th • I Poe 18 - � J 1 Conte of I us 1 � e �.r {D_' E^ E I t'7 0 bACk control will (a) 36 -in by 36•!n (915 -mm by 915 -mm) Stall buck control wall (b) 30 In by 60•!n (760-rnm by 1525 -mm) Stall Fig. 37 Grab Bars at Shower Stalls Exhibit IX.D - 63 (92) control area CDI!! i e C? ta E E c M 6Mrn ODn M a MIS a�. tDrn M P Bathtubs and Showers: 5 Yes No N!A 5.1; 4.3.3 Are all aisles between fixed tables at least 36 inches wide except at ❑ ❑ doors? 5.1 Where practical, are accessible tables distributed throughout the ❑ ❑ space or facility? Where there are mezzanine levels, loggias or raised platforms, are the same services and decorative character provided elsewhere in ❑ ❑ spaces located on accessible routes? Food Service Lines: ❑ ❑ 5.2 Do food service lines have a clear width of 36 inches or more? r-1 Are tray slides no more than 34 inches above the floor? ❑ ❑ A If self-service shelves are provided, are they no more tl-an 54 inches F71 17above the floor? Seating and Tables: 5.1 Do at least 5 clo of all fixed seats or tables meet the following re- ❑ ❑ quirements? 4.32.2; 4.2.4 Do seating spaces provided for people in wheelchairs have a 30 x 48 ❑ ❑ inch clear floor space which overlaps an accessible route? Is no more than 19 inches of the 30 x 48 inch clear space measured ❑ ❑ under the table? (Figure 45) 4.32.3 Is the knee space at least 27 inches high, 30 incises a ide, and 19 ❑ ❑ inches deep? (Figure 45) 4.32.4 Is the top of the table bemeen 28 and ;a inchc- from the floor or ❑ ❑ ground? Vending Machines: 5.4; 4.27 Is there a 3O x 49 inch clear space at rhe vending machine hich allows either a forward ora parallel approach? ❑ ❑ Exhibit IX -T) 64 (92) _ Restaurants and Cafeterias: l /'t Survey Form 16: Restaurants and Cafeterias (continued) If a forward approach is provided, are the operating Yes No p g parts of the ma- chine including coin slots between 15 and 48 inches from the floor? El D If a parallel approach is provided, are the operating parts of the ma- chine including the coin slots between 9 and 54 inches from the floor? Are they operable with one hand? Are they operable without tight grasping, pinching, or twisting of the wrist? Exhihi t TX_Tl Restaurants and Cafeterias: 2 Survey Form 16: Restaurants and Cafeterias (figures) n +--30-1 roe s do co� accessible path of travel C)! o r>.� Q>c 30 760 L r 1 Fig. 45 Minimum Clearances for Seating and Tables Exhibit IX.D - 66 (92) Restaurants and Cafeterias: 3 Yes No 4.1.4 Are accessible rooms complying with the provisions below provided ❑ ❑ in the percentages sho,,A,n on the Occupancy Classifacation Chart? 6.2 Is there at least one accessible entrance covered by a canopy or over- ❑ ❑ hang? Does a passenger loading zone exist at this entrance? ❑ ❑ 6.3(1); 4.2.3 In a patient bedroom, is there a circle of clear space 60 inches in diarneter, or a T shaped space in which a 180 degree turn can be made? ❑ ❑ Bedrooms: 6.3(2,3,4) One Person Bedroom: In a single occupancy room, is there at least 36 inches clear space ❑ ❑ along each side of the bed ? Is there at least 42 inches clear space between the foot of the bed and ❑ ❑ ❑ the wall? Two Person Bedroom: In a double occupancy room, is there at least 48 inches clear space ❑ ❑ between the two beds ? Is there at least 42 inches between the foot of the bed and the wall? ❑ ❑ ❑ Is there 36 inches between the side of each bed and the wall? ❑ ❑ Four Person Bedroom: In a quadruple occupancy room, is there at least 48 inches clear ❑ ❑ between the foot of one bed and the foot of another bed ? Is there at least 36 inches between the side of a bed and the wall? ❑ ❑ ❑ Is there at least 48 inches between two beds? ❑ ❑ n 6.4 Is the patient's toilet room accessible? (Use Survey Forms 14 and ❑ ❑ 15 to confirm 'this accessibility.) Exhibit TX_n - h7— Health Care Services: 1 Yes no )\/ 7.2 If there is a service or distribution counter over 36 inches high, is El El an adjacent counter no higher than 34 inches? 7.3; 4.2.1 Is there at least one accessible check out aisle which is at least 36 inches wide with adjoining counters at a maximum height of 36 F1 Elinches? 7.4 If there is a preventive method for keeping shopping cans on the premises, does this allow the entrance and exit of persons in wheel chairs? (An alternate entry that is equally convenient is acceptable.) ❑ ❑ Exhibit IX.D - 68 (92) Mercantile: 1 n u /'\ Use Forms I-1 I to survey spaces up to the library itself and Form 14 for the bath- rooms. Use this form to survey all public areas of the library. In addition to the re- quirements of 4.1 to 4.33, libraries must comply with the following. Reading and Study Areas: Yes No NIA 8.2 Are at least 5% or a minimum of one of each element of fixed �( seating, tables, or study carrels accessible to people in wheelchairs? L ❑ ❑ 4.32.2;4.2.4 Do seating spaces provided for people in wheelchairs have a 30 x 48 inch clear floor space which overlaps an accessible route? ❑ ❑ Is no more than 19 inches of the 30 x 48 inch clear space measured under the table? (Figure 45) ❑ ❑ 4.32.3 is the knee space at least 27 inches high, 30 inches wide, and 19 inches deep? (Figure 45) ❑ ❑ n 4.32.4 Is the top of the table between 28 and 34 inches from the floor or ground? ❑ ❑ 4.3.3 Are all aisles including those between tables at least 36 inches wide except at doors? ❑ ❑ Where the accessible pathway makes a U-turn around an obstacle which is less than 48 inches wide, does the pathway width increase to at least 42 inches on the approach and 48 inches in the turn? (Figure 7b) ❑ ❑ 4.3.4 If the circulation space is less than 60 inches wide, are there passing spaces at least 60 inches wide and 60 inches long within reasonable intervals not exceeding 200 feet? ❑ ❑ 4.3.5 Is there at least 80 inches clear head room in the accessible space? ❑ ❑ If head room next to an accessible space is less than 80 inches, is there a cane detectable barrier within 27 inches of the ground? � ❑ ❑ Are fixed elements spaced at least 36 inches apart? ❑ ❑ Exhibit IX.D - 69 (92) Libraries: l Survey Form 19: Libraries (continued) Yes No Nle Check -Out Areas: $.3; 4.2.4 Is at least one lane at each check out area usable by people in wheel- chairs? 8.3; 4.13 Next to any turnstile, is there an accessible gate or door? 4.13 Do all doors and gate comply with 4.13? (Use Survey Form 9 Doors and Gates to verify compliance.) Card Catalogs: 8.4 Is the aisle between the card catalogs at least 36 inches wide? Are the card catalogs between 18 and 54 inches from the floor? Stacks: 8.5; 4.3 Is the minimum clear width between the stacks 36 inches? ❑ o El ID � o ❑ � o 0 Exhibit IX.D - 70 (92) Libraries: 2 Service Counters: Yes No 9.2 Are passageways in front of customer service counters at least 48 inches wide? ❑ ❑ Writing Tables or Desks: 9.2; 4.32 Where writing desks or tables are provided, is the top of at least one writing surface between 28 and 34 inches from the floor? ❑ ❑ Does it have clear space as shown in Figure 45? ❑ ❑ ❑ Self-service Postal Centers: 9.3-,4.2 Are parcel post depositories, stamp vending machines, multi -commod- ity vending machines and currency -coin changing machines installed next to a 30 x 48 inch clear space which allows a parallel approach to ❑ ❑ the service? Is the highest operable pan of the these services within 54 inches of ❑ El floor? Letter Drop: 9.2; 4.2 Is there a 30 x 48 inch clear space in front of each letter drop which allows either a forward or a parallel approach? ❑ ❑ If a forward approach is provided, are the operable pans of the letter ❑ E]drops a maximum of 48 inches above the floor? If a side approach is provided, are the operable pans of the letter drop a maximum of 54 inches above the floor? ❑ ❑ 9.2(1) Are all fixed structures stable when you bump into them or lean on ❑ 1:1them? Are the walls that support handrails stable when you pull on the 1:1 ❑ handrail? Exhibit IX.D - 71 (92) Postal Facilities: 1 r� Survey Form 20: Postal Facilities (continued) Yes No f Post Office Boxes: 9.4 Are at least 5% of the Post Office Boxes located in the second or ❑ ❑ third module from the floor at a height between 12 and 36 inches? Are the aisles between the post office boxes a minimum of 66 inches 11 F]wide? Locker Rooms: ❑ ❑ 9.5 Are persons in wheelchairs assigned bottom lockers? If the lockers are full length, are all latches, hooks, etc. a maximum El ❑ of 48 inches above the ground? Is there a minimum of 42 inches of unobstructed aisle space in front ❑ ❑ of the lockers? Attendance -Recording Equipment: 9.6 Are all time clocks, card racks, log books, and other attendance- ❑ ❑ recording equipment 48 inches or less above the floor? At the check-in areas, is the counter space 36 inches or less above the floor? ❑ ❑ Exhibit IX.D - 72 (92) Postal Facilities: 2 Survey Form 20: Postal Facilities (figures) 8CCOSSible path of travel . S :wr f I .......... I v75 i a 91 Fig. 45 MWmum Gearances for Seating and Tabks F] Exhibit IX.D — 73 (92) Postal Facilities: 3 rBeginwith this survey form. Where another survey form is needed, it will be ced in -the checklist. Accessible housing shall comply with the require - of 4.1 and 4.34 except as noted below. (See 4.1) Yes No N/A Approach to Accessibility: 4.34.3 Are the accessible dwelling units designed for permanent accessibil- ❑ Q ity or adaptability? 4.34.4 If they art designed for adaptability, is consumer information pro- vided in each adaptable dwelling unit available for occupancy? (See ❑ ❑ Appendix for a list of the necessary information.) Site: 4.1.1(d) If parking is provided for all residents, is one accessible parking ❑ ❑ space provided for each accessible dwelling unit? If parking is provided for only a portion of the residents, is an acces- sible parking space provided upon request of an occupant of an ac- Q ❑ cessible dwelling unit? If parking is provided for visitors, are 2% of the spaces but not less ❑ ❑ than one space accessible? Use Survey Form 1: Parking to determine whether or not these spaces have the necessary features. Entrance: 4.1.3 (2) Are entrances complying with 4.14 provided as necessary to achieve access to and egress from the buildings and facilities? (Exception: In projects consisting of one -to -four dwelling units where accessible entrances would be extraordinarily costly due to site conditions or local code restrictions, accessible entrances are required only to those buildings containing accessible dwelling units.) ❑ ❑ Use Survey Forms S - 9 as they apply to determine whether or not these en- trances have the necessary features. Common Spaces: El4.1.3(3) Is at least one of each type of common space accessible? Use Survey Form 12: Rooms and Spaces to determine compliance. Exhibit IX.D - 74 (92) Dwelling Units: 1 Survey Form 21: Dwelling Units (continued) Are the accessible common spzces and dwelling units connected by Yes No an accessible route? ❑ ❑ Use survey Forms 5-7, 9 and 10 as they apply to determine whether or not these accessible routes have the necessaryfeatures. 4.34.2(1) Do common spaces and facilities serving individual accessible dwelling units (for example, entry walks, trash disposal facilities and mail boxes) comply with 4.2 through 4.33? ❑ ❑ Check each of these spaces with Form 12 plus answer these additional ques- tions: Mailboxes: 4.2 Is there a clear floor space at least 30 x 48 inches which allows either a front or a parallel approach to the mailboxes? ❑ ❑ If a front approach is provided, is the mailbox no higher than 48 inches from the ground? ❑ ❑ If a parallel approach is provided, is the mailbox no higher than 54 inches from the ground? ❑ ❑ 4.27 Can the mailbox be opened with only one hand? ❑ ❑ Does opening and closing the mailbox not require tight grasping, pinching or twisting of the wrist? ❑ ❑ 4.2.3 If a turn must be made to exit the mail box area, is there a circle of clear space 60 inches in diameter,or a T shaped space in which a 180 degree turn can be made? ❑ ❑ Common Laundry Spaces Serving one or more Accessible Dwelling Unit: 4.34.7.1 Are common laundry spaces which serve one or more accessible dwelling units on an accessible route? ❑ ❑ 4.34.7.2 Are washing machines and clothes dryers front loading? ❑ ❑ 4.34.7.3; 4.27 Is a 30 x 48 inch clear floor space provided at the machines which allows either a forward or parallel approach? ❑ ❑ If a forward approach is provided, is the highest operable pan of the - machine no more than 48 inches from the floor? ❑ ❑ Exhibit IX.D - 75 (92) k Dwelling Units: 2 Survey Form 21: Dwelling Units (continued) Yes No Nla� If a parallel approach is provided, is the highest operable pan of the ❑ ❑ machine no more than 54 inches from the floor? Are the machine controls operable with one hand? ❑ ❑ Do they not require any tight grasping, pinching, or twisting of the ❑ ❑ wrist? 4.2.3 Is there a 60 x 60 inch or T-shaped turning space so that tenants can adjust their position at the machines and turn to exit the laundry ❑ ❑ space? Dwelling Unit: I ❑ ❑ 4.34.2 Is the dwelling unit located on an accessible route. 4.34.2(7) Does at least one entrance to the dwelling unit comply with 4.14? ❑ ❑ Use Survey Forms 5-10 as they apply to determine whether or not there is an accessible route and if the entrance has the necessary features. 4.34.2(15) Are the living and dining areas accessible and on an accessible ❑ ❑ route? In a one -bedroom or studio unit, is the sleeping area accessible and ❑ ❑ on an accessible route? In a two or more bedroom unit, are at least 2 bedrooms accessible ❑ ❑ and on an accessible route? If provided, are patios, terraces, balconies, carports, garages or other ❑ "outdoor spaces" accessible and on an accessible route? (Use Survey Form 12 to determine whether or not these spaces have the neces- saryfeatures and Survey Form 9 to whether the doors to these spaces comply) Controls in Accessible Spaces (Including thermostats, light switches, etc.): 4.34.2(9); 4.27 Is them a 30 by 48 inch clear floor space in front of the controls ❑ ❑ which allows either a forward or parallel approach? If the clear ground space allows only a forward approach, then is the highest operable part of the controls no more than 48 inches from ❑ ❑ the ground? Exhibit IX.D - 76 (92) Dwelling Units: 3 Survey Form 21: Dwelling Unita kcontinued) If the clear ground space allows a side approach to the controls, is Yes No NSA the highest operable part of the controls no more than 54 inches from the ground? ❑ ❑ Are the controls operable with one hand? ❑ ❑ Do they not require tight grasping, pinching, or twisting of the wrist? ❑ ❑ Emergency Alarms: 4.34.2(10); 4.1.2(13); 4.28.4 Is there a visual alarm connected to the building emergency alarm system? ❑ ❑ OR Is there a standard 110 -volt electrical receptacle into which a visual alarm could be connected? ❑ ❑ Are instructions for this alarm provided? ❑ ❑ Bathroom: (Note: Clear floor space at fixtures may overlap.) 4.34.2(12) Is at least one full bathroom accessible or adaptable, including a water closet, a lavatory and a bathtub or shower? ❑ ❑ 4.34.5 Is the bathroom on an accessible route? ❑ ❑ Water Closets: 4.34.5.2(1) Is the clear space at the toilet provided as shown in Figure 47(a)? (It can be on either side of the toilet.) ❑ ❑ 4.34.5.2(2) Is the water closet between 15 and 19 inches high measured from the top of the toilet seat to the finished floor? ❑ ❑ Is there structural reinforcement as shown in Figure 47(b)? ❑ ❑ If provided, are grab bars installed as shown in Figure 29? ❑ ❑ 4.34.5.2(4) Is the toilet paper installed within reach as shown in Figure 47(b)? ❑ ❑ Exhibit IX.D - 77 (92) Dwelling Units: 4 Survey Form 21: Dwelling Units (continued) Yes No N/�. Lavatory and Mirror: 4.34.5.3(1); 4.22.6; 4.19 Is the sink 34 inches or less above the floor? (measure from the floor to the top of the counter.) ❑ ❑ Is there at least 29 inches clearance from the floor to the bottom of ❑ ❑ the apron? OR If a cabinet is provided under the lavatory in an adaptable bathroom, El is it removable to provide this clearance? Do knee and toe clearances comply with Figure 31? ❑ ❑ OR If a cabinet is provided under the lavatory in an adaptable bathroom, El [Iis it removable to provide this clearance? Is a clear space 30 x 48 inches provided in front of the lavatory to allow a forward approach? ❑ ❑ Does the clear floor space overlap an accessible route? ❑ ❑ n Is no more than 19 inches of the required clear space measured ❑ ❑ underneath the lavatory? Are hot water and drain pipes under the lavatory insulated or other- ❑ 11%%ise covered? Are there no sharp or abrasive surfaces under the lavatory? ❑ ❑ 4.34.5.3(1); 4.22.6; 4.19; 4.27 Are the faucets operable with one hand and do they not require tight grasping, pinching, or twisting of the wrist? ❑ ❑ 4.34.5.3(1); 4.22.6; 4.19.6 Are the mirrors mounted with the bottom edge of the reflecting sur- ❑ ❑ face no higher than 40 inches from the floor? 4.34.5.3(3) If a medicine cabinet is provided, is there a usable shelf inside no ❑ ❑ higher than 44 inches above the floor? 4.34.5.1 Are clear spaces required for fixtures free of door swings? ❑ ❑ Bathtub: 4.34.5.4 If a bathtub is provided, -does -it have the following features? . ❑ ❑ Exhibit IX.D - 78 (92) Dwelling Units: 5 Survey 21: Dwelling Units (continut,) 4.34.5.4(1) yes ' No ' A Is a clear floor space provided as shown in Figure 33? ❑ F-1 4.34.5.4(2) Is a seat provided as shown in Figures 33 and 34? ❑ ❑ Is the seat mounted securely and does it not slip during use? ❑ ❑ 4.34.5.4(3) Are structural reinforcements or other provisions that will allow installation of grab bars provided in the locations shown in Figure 48? ❑ ❑ If grab bars are installed, are they as shown in Figure 34? ❑ ❑ 4.16.4; 4.26 Is the diameter of the grab bar between 1-1/4 inch and 1-1/2 inch? ❑ ❑ OR Does the shape provide an equivalent gripping surface? ❑ ❑ 4.34.5.4(4) Are the grab bars 1-1/2 inch away from the wall? ❑ ❑ Are the grab bars secured so that they do not rotate within their fittings? ❑ ❑ Is the grab bar and the wall adjacent to it free of any sharp or abrasive elements? ❑ ❑ Are the controls located as shown in Figure 34? ❑ ❑ 4.34.5.4(4); 4.27.4 Are the controls operable with one hand, and do they not require any tight grasping, pinching, or twisting of the wrist? ❑ ❑ 4.34.5.4(5) Is a shower unit provided which can be used as fixed unit at various heights or as a hand held shower with a hose at least 60 inches long? ❑ ❑ 4.34.5.6 Does the bathtub enclosure not obstruct the controls or transfer from a wheelchair to the bathtub seat? ❑ ❑ n Is the bathtub rim smooth and free of tracks? ❑ ❑ Exhibit IX.D - 79 (92) Dwelling Units: 6 Survey Form 21: Dwelling Units (continued) Yes No N/A n Showers: •4.34.5.5(1) Does the shower stall size and clear floor space comply with either Figure 35(a) or 35(b)? (Note: 35(b) fits into the same space as a ❑ ❑ standard 60 inch long bathtub.) 4.34.5.5(2) Is the seat placed as shown in Figure 36. ❑ El Is the seat 17 to 19 inches high measured from the bathroom floor? ❑ ❑ ❑ ❑ Does it extend the full depth of the stall? ❑ ❑ Is it opposite the controls? Is the seat mounted securely and does it not slip during use? ❑ ❑ 4.34.5.5(3) Is structural reinforcement provided as shown in Figure 49? ❑ ❑ If provided, are grab bars placed as shown in Figure 37? ❑ ❑ 4.34.5.5(3); 4.26 Is the diameter of the grab bar between 1-1/4 inch and 1-112 inch? ❑ ❑ n OR Does the shape provide an equivalent gripping surface? ❑ ❑ Are the grab bars 1-1/2 inch away from the wall? ❑ ❑ Are the grab bars secured so that they do not rotate within their fit- ❑ ❑ tings? Is the grab bar and the wall adjacent to it free of any sharp or abra- ❑ ❑ sive elements? 4.34.5.5(4) Are controls located as in Figure 37? Are they mounted on the wall opposite the seat? ❑ ❑ 4.34.5.5(4); 4.27.4 Are the controls operable with one hand, and do they not require any ❑ ❑ tight grasping, pinching, or twisting of the wrist? 4.34.5.5(5) Can the shower head height be adjusted, or can it be used as a hand El El shower with a hose at least 60 inches long? 4.34.5.6 Does the shower enclosure not obstruct the controls or transfer from ❑ ❑ a wheelchair onto the shower seat? Exhibit IY.D - 80 (92) Dwelling Units: 7 i"'1 n, Survey Form 21: Dwelling Univ, (continued) Laundry (including laundry machines in kitchens): Yes No N/A 4.34.2(14); 4.34.7.1 Are the laundry facilities located on an accessible route? ❑ ❑ 4.34.7 Are washing machines and clothes dryers front loading? ❑ ❑ 4.34.7.3; 4.27 Is a 30 x 48 inch clear space provided at the machines allowing either a forward or parallel approach? ❑ ❑ ❑ If a forward approach is provided, is the highest operable pan of the machine no higher than 48 inches from the floor? ❑ ❑ If a parallel approach is provided, is the highest operable pan of the machine no higher than 54 inches from the floor? ❑ ❑ Are the machine controls operable with one hand? ❑ ❑ Do they not require any tight grasping, pinching, or twisting of the wrist? ❑ ❑ 4.2.3 Is there a 60 x 60 inch or T-shaped nursing space so that tenants can adjust their position at the machines and turn to exit the laundry space? ❑ ❑ Kitchen: Accessible or Adaptable: 4.34.2(13); 4.34.6 Is the kitchen on an accessible route? ❑ ❑ 4.34.6.1 Is the clearance between all opposing cabinet, counter, appliances or walls at least 40 inches except in U-shaped kitchens where the clearance must be 60 inches? ❑ ❑ 4.34.6.2; 4.2.4 Is there 30 x 48 inches clear space at appliances? ❑ ❑ Counters: 4.34.6.4 Is there at least one 30 inch section of counter which is no more than 34 inches above the floor measured from the floor to the top of the counter? ❑ ❑ Does this section have a 30 inch wide and 19 inch deep clear knee space? ❑ ❑ OR If this section of counter has base cabinets, are they removable to provide the minimum clearance? ❑ ❑ Exhibit zx.D - 81 (92) Dwelling Units: 8 Survey Form 21: Dwelling Units (continued) n Yes No Nli. Does the floor finish extend underneath the counter to the wall? ❑ ❑ Is the counter and its supporting structure 2 inches thick or less? ❑ ❑ Is there a 30 x 48 inch clear floor space at this counter? (19 of the 48 inches can extend under the counter.) ❑ ❑ Are there no sharp or abrasive surfaces under the counter? ❑ ❑ Sink: 4.34.6.5(1) Is the sink and surrounding counter mounted no more than 34 inches E]❑ above the floor measured from the floor to the top of the counter? OR Is it adjustable or replaceable as a unit to provide alternative heights of 28 inches, 32 inches, or 36 inches measured from the floor to the ❑ ❑ top of the counter? Is the sink and counter area at least 30 inches wide? ❑ ❑ 4.34.6.5(2) Is the rough -in plumbing able to accept connection of supply and n drain pipes for sinks mounted at a height of 28 inches? ❑ ❑ 4.34.6.5(3) Is the sink depth a maximum of 6.5 inches? (Only one bowl of a double or triple bowl sink needs to meet this requirement.) ❑ ❑ 4.34.6.5(4); 4.27.4 Are the faucets operable with one hand and do they not require any El tight grasping, pinching or twisting of the wrist? 4.34.6.5(6) ❑ El the counter and supporting structure 2 inches thick or less? 4.34.6.5(7) Is there 30 x 48 inches clear floor space allowing a forward approach ❑ 1:1to the sink? Is there a clear knee space 30 inches wide and 19 inches deep under El ❑ the counter? OR 4.34.6.5(5) If provided, are base cabinets at the sink removeable to provide at least a 30 inch wide knee space under the sink and surrounding 1:1❑ counter? }-� Does the finished floor extend under the counter to the wall? ❑ ❑ Exhibit IX.D - 82 (92) Dwelling Units: 9 Survey Form 21: Dwelling Units -ontinued) Yes No 4.34.6.5(8) Are there no sharp or abrasive surface under the sink? ❑ ❑ Are the hot water and drain pipes insulated or otherwise covered? ❑ ❑ Range and Cooktop: 4.34.6.6; 4.34.6.2 �- Is a clear floor space at least 30 x 48 inches which allow either a forward or a parallel apprpach provided at the range or cooktop? ❑ ❑ 4.34.6.6; 4.34.6.3; 4.27 Can the controls be operated with one hand, and do they not require any tight grasping, pinching, or twisting of the wrist? ❑ ❑ Does the location of the controls allow them to be used without reaching across burners? ❑ ❑ 4.34.6.6 If there is knee space underneath the cooktop, is there insulation or other protection against burns, abrasions, or electrical shock? ❑ ❑ Oven: n 4.34.6.7; 4.34.6.2 Is there a clear floor space at least 30 x 48 inches which allows either a forward or a parallel approach to the oven? ❑ ❑ 4.34.6.7; 4.34.6.3; 4.27 Can the oven controls be operated with one hand, and do they not require any tight grasping, pinching, or twisting of the wrist? ❑ ❑ Does the location of the controls allow them to be used without reaching across burners? ❑ ❑ 4.34.6.7 Is the oven self-cleaning? ❑ ❑ OR Is it located next to an adjustable height counter with knee space below? ❑ ❑ If the oven is the side opening type, is the door latch next to the open counter space and is there a pull out shelf under the oven at least as wide as the oven and 10 inches deep? ❑ ❑ Refrigerator/Freezer: (If the refrigerator/freezer is a side-by-side type, check N/A for the next two questions.) 4.34.6.8 If the refrigerator/frtezer is an over/under type, is at least 50% of Exhibit IX.D - 33 (92) Dwelling Units: 10 Survey Form 21: Dwelling Units (continued) Yes No N/t the freezer space within 54 inches of the floor and if 100% of freezer ❑ ❑ space is not within these limits, is the freezer self -defrosting? Is 100% of the refrigerator space and controls within 54 inches of the ❑ floor? 4.34.6.8; 4.34.6.3; 4.27 Can the refrigerator controls be operated with one hand, and do they ❑ not require any tight grasping, pinching, or twisting of the wrist? Does a clear floor space of 30 x 48 inches provide either a front or a a ❑ parallel approach to the refrigerator/freezer? If only a front approach is provided, are the controls no higher than ❑ 48 inches? If a parallel approach is provided, are the controls no higher than 54 ❑ El inches? Dishwasher: 4.34.6.9 Is all rack space accessible from the front for loading and unloading dishes? 4.34.6.9; 4.34.6.2 El Is a clear floor space 30 x 48 inches provided at the dishwasher? 4.34.6.9; 4.34.6.3; 4.27 El El Are the controls operable with one hand? Do they not require any tight grasping, pinching, or twisting of the a a wrist? Kitchen Storage: 4.34.6.10; 4.25.2 Is there a clear floor space 30 x 48 inches at storage facilities which Q 1:1allows for either a forward or side approach in a wheelchair? 4.34.6.10; 4.25.3 If a side approach is provided, is the storage space between 9 and 54 ❑ a inches from the floor? If a front approach is provided, is the storage space between 15 and El o 48 inches from the floor? Exhibit IX.D - 84_(92)_ Dwelling Units: 11 n /014, n Survey Form 21: Dwelling Units k, _ntinued) 4.34.6.10; 4.25.4; 4.27.4 " Is the hardware operable with one hand and does it not require any tight grasping, pinching, or twisting of the wrist? 4.34.6.10(2) Are the*door pulls for wall cabinets as close to the bottom of the cabinet doors as possible? Are base cabinet handles as close to the top of the cabinet doors as possible? 4.34.6.10(1) Is at least one usable shelf of all cabinets and storage shelves 48 inches or less above the floor? Controls: 4.34.6.3; 4.27 Do all of the controls in the kitchen (including light switches, garbage disposal switches, fan switches, etc.) meet the following criteria: Is there a clear floor space which allows either a forward or a parallel approach to the controls? If only a forward approach is provided, are the controls no more than 48 inches from the ground? If a parallel approach is provided, are the controls no more than 54 inches from the ground? Are the controls operable with one hand and do they not require any tight grasping, pinching or twisting of the wrist? Exhibit TX,D - 85 (92) Yes No N/A M7M IMMM-1, W N Dwelling Units: 12 Survey Form 21: Dwelling Units (figures) 36min a15 12 min 112 min SI C==— (a) Back Wall 1370 Fig. 29 Grab Bars at Water Closets toilet paper C7 0 C � � C, m Mf• TiQ t"') (b) Slde Wall cl char E. floor : V cl�I$ la:space: .s� ............................. men ,s2s SYMBOL KEY: • -Shower controls d Shower head ... Drain Fig. 31 Lavatory Clearances (a) With Seat In Tub Fig. 33 Clear Floor Space at Bathtubs E o ; clear Ni Inv' I IOOr a J space ..1 ................................... 75 min 1105 (b) With Seat at Head of Tub Exhibit IX.D - 86 (92) Dwelling Units: 13 r r Eio ..... co;z clear IIoOr ..........spat! ........... min . . 0 4 1526 (a) With Seat In Tub Fig. 33 Clear Floor Space at Bathtubs E o ; clear Ni Inv' I IOOr a J space ..1 ................................... 75 min 1105 (b) With Seat at Head of Tub Exhibit IX.D - 86 (92) Dwelling Units: 13 100�. Survey Form 21: Dwelling Units kfigures) �� 24 min 6110 control _ area --� r � r foot 24 nun 610 control area foot CD - 0 I: o L In MOM back (a) With Seat In Tub ca'^ back (b) With Seat at Head of Tub Fig. 34 Grab Bars at Bathtubs Fm Fe FE ■■■■■■■■■■■I 11 ■■■■■■■■■■■I lI ■■■■■000■l1 36 min 36 915 915 (a) 36 -Ln by 36 -In (915 -mm by 915 -mm) Stall Fig. 35 Shower Size and Clearances 1 mi 305 seal AeaO C) head i I — lav • C'7 � J. i % ........................................ 60 1220 Exhibit IX.D — 87 (92) (b) 30- In by 60- In (760•mm by 1525 -mm) Stall Dwelling Units: 14 Survey Form 21: Dwelling Units (figures) s � I � side 23 ma: Sat Fig. 36 Shower Seat Design 18 a5 back I � e control wall (a) 36 -In by 36 -In (915 -mm by 915 -mm) Stall back control area I_ J K� Q � .r E E. o CO•o 0 Lcontrol area E --r control wall (b) 30 -In by 60 -In (760 -mm by 1525 -mm) Stall Mg. 37 Grab Bars at Shower Stalls fD h of e! EE10 :ri I C CD MIP VI�N Exhibit IX.D - 88 (92) Dwelling Units: 15 AOO*� n Survey Form 21: Dwelling U, -..i (figures) 1 36 min I 9t5 18n i i/S ass 453 min ISS 45S i i clear /t Moor clear �\j] space floor space 4 48 min 48min 1220 tz (a) Clear Floor Space for Adaptable Bathrooms 12 min 12 min 305 I �%////%iEN, JEE;- c Eo I r clear I floor space NOTE The hatched areas are reinforced to receive grab bars. (b) Reinforced Areas for Installation of Grab Bars Flg. 47 Water Closets In Adaptable Bathrooms Exhibit ix.D - 89 (92) ................ 6Omin 1925 loilet paper R E -m CO CP1 E� V 7 � Dwelling Units: 16 Survey Form 21: Dwelling Units (figures) n loci cenvol aru loot 24 T^ 1 1 •�o s 7 12 f bock Mac (U With Sut Lm Tub i 6 nus 6�m1^ 9n,a. e I fr 1 a alto % - :: i/��/ui%!ii%/, :(�:/✓kook:. O i t r. I I I 4- -- -_ back 1,080 -� (b) ' W1th Scat at Hud d Tub NOTE The hatc-se.: areas are ter.for• -d a rec'ere grmb bei FIG. 4.8 L.oeatiun o: Grab Ban and Contr-)is of Adaaptabie Bathtubs L' seal .su (a) 36 in by 36. In (91 5 -mm by 915 mm) 5uu 51 E19 i- M• �1. back co^r•al .all (b) 30 -in by 601m (750 -mm by 1525•rnm) Stab MOTE The tseched arras art ranforced to recerve grab loom Fig. 49 Location of Grab Bars and Controls of Adaptable Showers /0 -*N Exhibit IX.D - 90 (92) Dwelling Units: 17 e I fr 1 a alto - Ic'S 4- -- -_ -� ' E. f. Q— j I I bac k eeerro- .0'' (a) 36 in by 36. In (91 5 -mm by 915 mm) 5uu 51 E19 i- M• �1. back co^r•al .all (b) 30 -in by 601m (750 -mm by 1525•rnm) Stab MOTE The tseched arras art ranforced to recerve grab loom Fig. 49 Location of Grab Bars and Controls of Adaptable Showers /0 -*N Exhibit IX.D - 90 (92) Dwelling Units: 17 Appendices Definitions: Accessible: Describes a site, building, facility, or portion thereof that com- plies with these standards and that can be approached, entered, and used by physically disabled people. Accessible Route: A continuous unobstructed path connecting all accessible elements and spaces in a building or facility. lnterior accessible routes may include corridors, floors, ramps, elevators, lifts, and clear floor space at fixtures. Exterior accessible routes may include parking access aisles, curb ramps, walks, ramps, and lifts. Access Aisle: an accessible pedestrian space between elements, such as parking spaces, seating, and desks, that provides clearances appropriate for use of the elements. Adaptability: The ability of cenain building spaces and elements, such as kitchen counters, sinks, and grab bars, to be added or altered so as to accom- modate the needs of either disabled or non -disabled persons, or to accommo- date the needs of persons with different types or degrees of disability. Assembly Area: A room or space accommodating fifty or more individuals for religious, recreational, educational, political, social, or amusement pur- poses, or for the consumption of food and drink, including all connected rooms or spaces with a common means of egress and ingress. Such areas as conference rooms would have to be accessible in accordance with other pans of this standard but would not have to meet all of the criteria associated with assembly areas. Dwelling Unit: A single unit of residence which provides a kitchen or food preparation area, in addition to rooms and space for living, bathing, sleeping, and the like. A single family home is a dwelling unit, and dwelling units are to be found in such housing types as townhouses and apanment buildings. Exhibit IX.D - 91 (92) Appendices: 1 List of Consumer Information for Adaptable Dwelling Units (4.34.4 ): (1) Notification of the alternate heights available for the kitchen counter and sink, and the existence of removable cabinets and bases, if provided, under counters, sinks, and lavatories. (2) Notification of the provisions for the installation of grab bars at toilets, bath- tubs, and showers. (3) Notification that the dwelling unit is equipped to have a visual emergency alarm installed. (4) Identification of the location where information and instructions are available for changing the height of counters, removing cabinets and bases, installing a visual emergency alarm system, and installing grab bars. (5) Notification that the dwelling unit has been designed in accordance with the Uniform Federal Accessibility Standards. In addition, the paries who will be responsible for making adaptations shall be provided with the following information: (1) Instructions for adjusting or replacing kitchen counter and sink heights and for removing cabinets. (2) A scale drawing showing methods and locations for the installation of grab bars. n (3) A scale drawing showing the location of adjustable or replaceable counter area and removable cabinets. (4) Identification of the location of any equipment and parts required for adjust- ing or replacing counter tops, cabinets, and sinks. (5) Instructions for installing a visual emergency alarm system, if the dwelling unit is equipped for such an installation. Exhibit IX.D - 92 (92) Appendices: 2 .+q� ,.cc 0 ry w i ti I ,#�N /Z G #ftlk� ^N 3 ON .-ok e. V 40 1 A?.,, .ow 111 CHAPTER IX HANDICAPPED ACCESSIBILITY Introduction What is Section 5049' Section 504 of the Rehabilitation Act of 1973 as amended in 1978 and 1986 stipulates that "No otherwise qualified person with disabilities shall solely, on the basis of his or her handicap, be subject to discrimination participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance." Section 504 of the Act requires all federal agencies to develop administrative procedures and regulations for their recipients to implement this law. The Department of Housing and Urban Development (HUD) published its final rule June 2, 1988. The regulations are referenced under 24 CFR Part 8. HUD's final rule is found in Appendix A. Who Benefits? Many think of disability in terms of wheelchairs and canes. There are many more subtle forms of disability. Section 504 defines disability, with respect to an individual, as: - a physical or mental impairment that substantially limits one or more of the major life activities of such individuals; n - a record of such an impairment; or - being regarded as having such an impairment. A physical impairment is defined as physiological disorder, contagious disease, cosmetic disfigurement or anatomical loss in one or more system: - Neurological - Musculoskeletal - Respiratory (including speech organs) - Cardiovascular - Reproductive - Digestive - Genito-urinary - Hemic - Lymphatic - Skin - Endocrine * Substance abuse - which does not include a current, illegal abuser A mental impairment is defined as mental or psychological disorder including: - Mental retardation - Organic brain syndrome - Emotional or mental illness - Specific learning disabilities * Substance abuse - which does not include a current, illegal abuser IX - 1 (92) These physical or mental impairments do not constitute a disability unless another condition is met. The impairment must be severe enough to result in a "substantial limitation of one or more major life activities." - Self-care - Manual tasks - Walking - Seeing - Hearing - Speaking - Breathing - Learning - Working Persons having a record or history of such impairment also come under definition of the disability. The same is true of persons who were misclassified as having a mental or physical impairment that limits one or more major life activities i.e. a child misdiagnosed as being mentally retarded when the problem was dyslexia. A recovered alcoholic who experiences discrimination based on his or her past record of alcoholism is protected under Section 504. Another component of the definition of disabled is that of individuals "regarded as having such an impairment" whether or not the impairment substantially limits major life activities. '1� This refers to a person who does not have an impairment that substantially limits major life activities, but is treated as disabled by the covered entity, i.e. a burn victim or a person /0_11N with epilepsy. Who Must Comply? Requirements apply to all "applicants for, " and recipients of ICDBG assistance. Recipients are defined as: -the state or its political subdivisions; cities and counties -public and private agencies, institutions, and organizations or any person to which federal financial assistance is extended for any program or activity directly or through another recipient, including any successor, assignee or transferee of a recipient, but excluding the ultimate beneficiary of the assistance -including colleges, universities -for-profit businesses and non-profit organizations and -regional councils, which receive federal financial aid Accessibility refers to all operations or programs and activities for those entities described above. Entire facilities, though geographically separate, belonging to a covered entity must also be accessible. Accessibility also means that the facility, or portion of the facility, when designed, constructed or altered, can be approached, entered, and used by individuals with physical disabilities. The phrase "accessible to and usable by" is synonymous with accessible. IX - 2 (92) i"r Relationship of Section 504 and The American With Disabilities Act (ADA) Section 504 was included in Title II of the Americans with Disabilities Act and prohibits state and local governments from discriminating against any individual with a disability in their programs, services and activities. Under Section 504, state and local governments and other entities receiving federal assistance are required to make their programs, activities and services accessible to persons with disabilities. The ADA extends this requirement to all jurisdictions, whether or not they receive federal funds. This requirement includes public entities that contract for programs, activities and services. There is continuity between Section 504 and ADA as they apply to state and local governments and related entities. Much of the language in the ADA is based on Section 504. Equal opportunity is stressed as is equal treatment. Both statutes require specific accommodations or modifications in policies and practices be made to give disabled persons the same opportunities as non -disabled persons. There are some minor differences between Section 504 and ADA. Generally, these are related to coverage. For example, ADA extends the coverage requirement to include qualified non -disabled persons related to or associated with individuals who are disabled, i.e. family, companions. In addition to complying with ADA, state and local governments must comply with any state or local law that prohibits discrimination on the basis of disability. Schedule for Compliance HUD's Final Rule pertaining to Section 504 requirements appears to have been written with entitlement communities in mind. For example, every recipient of HUD funds was required to complete the self evaluation within one year of July 11, 1988. Since ICDBG recipients receive funds on an ongoing basis, the Final Rule cannot be applied to non - entitlement communities. It should be noted, however, that Section 504 requirements have been in existence since 1973, so every effort must be made to achieve compliance as quickly as possible. Also, ADA requirements for local governments were in effect January 26, 1992. A basis for scheduling compliance has been taken from HUD's Final Rule. This schedule is included in the ICDBG contract with the Department. Generally, the schedule will include the following steps and time frames: 1. The designation of the responsible employee, the adoption and public notification of the Policy on Nondiscrimination and the Adoption and Public Notification of the 504 Grievance Procedure. Completion: Within 45 days of the executed date of the ICDBG contract. 2. Establish Section 504 Citizen Review Committee. Completion: Within 60 days of the executed date of the ICDBG contract. 3. Local Self Evaluation. Completion: Within 6 months of formation of the Citizen Review Committee. 4. Transition Plan Completion: Within 30 days of completion of Self Evaluation. If structural changes will be required, grantees will have three years. If the time period of the Transition Plan is longer than one year, the /0-111 steps that will be taken during each year of the transition period must be identified. IX - 3 (92) A Word on Compliance It goes without saying that for state and local governments, moving toward compliance will require knowledge and information, careful planning, effective outreach and a commitment by citizens and officials alike to make communities accessible. It is important to remember this commitment must be just as strong in communities where there are no identified disabled persons. There are other major considerations, such as the increasing numbers of elderly persons and the very real possibility of illness or injury striking non -elderly individuals, all of which would benefit from accessible communities. This compliance manual is designed to guide grantees through the major steps in Section 504 compliance. It is important to understand the intent of the law and the process. Doing so could result in substantial savings to the community. The first step in preparing for the Section 504 implementation program is to read this Compliance Manual and become familiar with 504 procedures. The Department of Commerce, Community Development staff is available to assist grantees with this process and provide additional information if necessary. ICDBG project administrators, local officials and staff must assure city council members and boards of county commissioners are familiar with the process and schedule for compliance. Five major areas must be reviewed: General Responsibilities, Communications, Program Accessibility, Equal Employment Opportunity, and Reasonable Accommodations and Physical Accessibility. These are as follows: n I. GENERAL RESPONSIBILITIES A: Designation of "Responsible Employee" Cities and Counties must designate a person to oversee local compliance efforts. This person must have a thorough working knowledge of 504 requirements as he/she will initiate the evaluation of the recipients facilities, programs and practices. Other major responsibilities include: 1. Assuring the Policy on Non -Discrimination is adopted and published 2. Contacting individuals to serve on the 504 review committee. 3. Participating in evaluating the recipients facilities, programs and practices and in drafting the transition plan if structural changes are needed 4. Notification to the public of local policies on non-discrimination. 5. Keeping the grantee on schedule in the completion of the transition plan. 6. Being available to assist citizens with grievance procedures and to process discrimination complaints. IX - 4 (92) 7. Assure the grievance procedure is published, in summary, at least annually. 8. Make certain local officials and staff are knowledgeable about Section 504 requirements. *It is recommended at least one other staff person should be knowledgeable about this process and available to assist if necessary. B. Adoption of Policy Regarding Non -Discrimination ICDBG recipients must first adopt the resolution "Policy Regarding Non - Discrimination on the Basis of Disability" (see page 6). This resolution certifies that as a recipient of an ICDBG, the following steps will be taken: 1) certify it is the policy to make all programs and activities accessible to, and usable by, qualified persons with disabilities; 2) conduct a self-evaluation of programs, policies, procedures and facilities to determine those areas where discrimination may occur; 3) certify revisions, modifications, or other changes will occur so as to fully comply with the letter and intent of Section 504; 4) certify where building modifications are required, a Transition Plan will be developed and implemented for the elimination of structural barriers. Implementing these steps is the basis of the Section 504 compliance program. The second part of this requirement is to publish the policy in the local newspaper, at least annually. The grantee has the option of publishing the policy in its entirety or in summary. Contractors, subgrantees of ICDBG projects, already certify compliance in the ICDBG contract and construction package. Refer to ICDBG Contract Assurances, Attachment C, and Construction Procurement Package, Appendix A.9-5. The grantee must make the policy available to persons with disabilities. Sending the notice to local/regional agencies and organizations working with persons with disabilities is recommended. A list of regional contacts is in Exhibit IX.A. C. Grievance Procedure A grievance procedure must be adopted and implemented by grantees. The procedure must provide for due process standards ie. an appeals press and method for filing complaints and timely resolutions of discrimination complaints which relate to the accessibility of the grantee's programs and practices. The public must be notified the grantee has adopted the grievance procedure. The Department of Commerce ICDBG Grievance Procedure is shown on pages 7 to 9. Citizens must be notified the grantee has adopted the grievance procedure. Grantees have the option of publishing the procedure in its entirety or in summary. A sample notification is on page 10. IX - 5 (92) Policy Regarding Non-Discrimination on the Basis of Disability A resolution of the City/County of , Idaho, adopting a policy of non- discrimination on the basis of disability. Whereas, the Congress of the United States has passed Section 504 of the Rehabilitation Act of 1973 which requires that "No otherwise qualified individual with handicaps in the United States... shall, solely on the basis of his or her handicap, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance"; and, Whereas, the City/County of has applied for/received an Idaho Community Development Block Grant and is required to comply with Section 504 of the Rehabilitation Act of 1973; and, Whereas, the failure to comply with the terms and conditions of Section 504 of the Rehabilitation Act may cause the City/County to lose its grant or eligibility for future grants; Now, therefore, be it resolved by the Mayor/Commissioner and the Council/Commission of the City/County of , Idaho, the following: Section I. It is the policy of the City/County that all programs and activities shall be accessible to, and usable by, qualified persons with disabilities. Section II. That the City/County shall undertake an evaluation, conducted in consultation with citizen groups involving persons with disabilities, of its programs, policies, procedures and facilities in order to determine those areas where discrimination may occur. n Section III. The City/County shall, upon completion of said evaluation, make such revisions, modifications, or other changes so as to fully comply with the letter and intent of Section 504. Section IV. Further, the City/County shall, where building modifications are required, develop and implement a transition plan for the timely elimination of structural barriers to citizens with disabilities. Citizens may contact (designated employee) at (telephone) (address) for assistance or to answer questions regarding this policy. Passed by City/County of Idaho Signed By: Date: IX - 6 (92) Title: Attest: r09 IDAHO DEPARTMENT OF COMMERCE SECTION 504 GRIEVANCE PROCEDURE FOR IDAHO COMMUNITY DEVELOPMENT BLOCK GRANT RECIPIENTS 1991 - 1992 Legal Basis Enacted in 1973 and amended in 1978 and 1986, the Rehabilitation Act provides that no otherwise qualified individual with handicaps in the United States .... shall, solely on the basis of his or her handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. In accordance with this Act, the (City/County), as a recipient of Idaho Community Development Block Grant (ICDBG) funds, certifies all citizens shall have the right to submit his or her grievance(s) and receive a response in a timely, equitable and responsible manner. Responsible Employee A responsible employee of the ICDBG recipient has been designated to assist citizens with the grievance procedures described here. This individual shall assist anyone wishing to file a complaint on the basis of disability when filed through the local jurisdiction, the Idaho Human Rights Commission or directly to the U.S. Department of Housing and Urban Development (HUD). The designated employee is and can be contacted at telephone: /address What is a Grievance? A written grievance or complaint is formal notification of a concern, allegation or protest to the proper authority which indicates the belief that the individual or individuals have been denied opportunities, or treated differently from the general population on the basis of his or her disability. The laws apply to those programs, activities and facilities provided for and accessible to all citizens in the community. When filing a grievance, citizens must provide enough information to permit an investigation. The complaint should be clear and concise and include: 1) Identification of the problem, which includes a description of the set of circumstances leading to the grievance, and 2) Appropriate and sufficient documentation to substantiate any claim or charges. Citizens will be encouraged to propose a resolution to the problem as identified. A formal complaint will be considered filed at the time it is delivered to the appropriate authority's office, or if mailed, on the date it is postmarked. Special accommodations will be made, upon request and whenever possible, for persons with disabilities or language barriers. Confidentiality Confidentiality is available to all citizens. Pursuant to 24CFR 8.56(c)(2), the responsible civil rights employee shall hold in confidence the identity of any person submitting a complaint, unless the person submits written authorization waiving confidentiality and when it is found to be in the best interests of all parties in reaching a satisfactory resolution. IX - 7 (92) Where To File Citizens shall be notified they have the option of filing complaints, either through the City/County, the Idaho Human Rights Commission (if the complaint is related to employment discrimination), or directly to HUD. Local Procedure Grievances may first be filed with the appropriate elected official and the designated employee when the grievance is related to the local grantee's programs, activities or facilities. When a complaint is filed, the grantee_shall notify the Idaho Department of Commerce (IDC) the grievance has been filed by submitting a copy of the complaint to the Department. City Council members or Boards of Commissioners shall also be notified of the grievance at this time. The grantee shall respond within thirty (30) days where practicable. A copy of the response must also be submitted to the Department. Every effort shall be made by the City/County to compromise and negotiate a satisfactory resolution with the grievant. If the grievant is unsatisfied with the response from the local jurisdiction, the individual(s) may appeal to IDC to review the complaint. Additional information may be requested at that time. Every effort will be made by the Department to provide a response within thirty (30) days. n If valid and sufficient data has been provided to substantiate the original complaint, an investigation will be conducted. The extent of an investigation shall depend on the scope and depth of the issues involved. n If the citizen(s) determine the response from the Department is not satisfactory, he or she may appeal to HUD's Office of Fair Housing and Equal Opportunity in Seattle. All complaints must be filed to HUD within 180 days of the act of discrimination, unless the responsible HUD Compliance Officer waives this time limit for good cause. These grievance procedures are not established with respect to complaints for housing assistance. Information concerning complaint procedures can be provided by contacting IDC or the HUD Regional Office of Fair Housing and Equal Opportunity, Compliance Division, in Seattle. Idaho Human Rights Commission The federal Rehabilitation Act includes employers who have at least $2,500 in federal contracts. As of July 1, 1991, the number of private employers who have at least 5 employees are covered by Idaho law. The law also covers all governmental entities and state contractors, regardless of the number of employees they have. Employees or applicants for employment who believe they have been subjected to discrimination should contact the Idaho Human Rights Commission at the address or telephone number shown below. Collect calls may be made to the Commission and the grievant need not give his or her name in order to receive information about their situation and anti -discrimination laws. If it appears the individual is a victim of illegal discrimination, a formal complaint may be filed. IX - 8 (92) These are also the locations to which the Rehabilitation Act appeals identified above may be submitted: Idaho Department of Commerce 700 West State Street, 2nd Floor Boise, ID 83720 (208) 334-2470 U.S. Dept. of Housing & Urban Development Office of Fair Housing & Equal Opportunity Compliance Division 1321 Second Avenue, Mail Stop 10EO Seattle, WA 98101 Call collect: (206) 553-0226 By: Chief Elected Official Idaho Human Rights Commission 450 West State Street, 1st Floor Boise, ID 83720 (208) 334-2873, collect calls accepted U.S. Dept. of Housing & Urban Development Office of HUD Program Compliance Room 5230 451 7th Street S.W. Washington, DC 20410 (202)708-2904 TTY (202) 708-0015, for hearing impaired Adoption Date By: Section 504 Designated Employee IX - 9 (92) Sample Notice of Grievance Procedure Pursuant to Section 504 of the Rehabilitation Act of 1973, as amended in 1978 and 1986, all citizens are notified the Cily/ounty does not discriminate on the basis of disability in the admission or access to, or treatment or employment in its programs and activities. A Grievance Procedure has been adopted for citizens who feel they have been discriminated against on the basis of disability. An employee has been designated by the City/County to assist citizens with this process. The designated employee(s) is/are and can be contacted at (telephone) or (address). The Grievance Procedure contains an appeals process and method for filing complaints and timely resolution of complaints. Confidentiality is available to all citizens. n Citizens need not give their name in order to receive information about their situation and anti -discrimination laws. If it appears the individual is a victim of illegal discrimination, the designated employee will discuss the various options which are available to resolve the complaint. n IX - 10 (92) D. Notice of Nondicrriminatio Grantees must make initial and continuing efforts to notify their participants, beneficiaries, applicants and employees, unions and professional organizations recipient does not discriminate on the basis of handicap. Again, program is defined as it applies to all services, activities and practices. The designated employee must be identified so citizens can direct their questions or comments to the appropriate person. Various publication methods include posters, public service radio or television announcements, large print newspaper notices or flyers. Any recruitment or informational material published by a recipient must contain a statement regarding the recipients pledge not to discriminate on the basis of disability. The publication of the policy on nondiscrimination and the grievance procedure are helpful toward this effort of public notification. Continuing efforts are required, however. Sample Notice of Nondiscrimination Pursuant to Section 504 of the Rehabilitation Act of 1973, as amended in 1978 and /1-11N 1986, all citizens are notified the Cit, /County does not discriminate on the basis of disability in the admission or treatment or employment in its programs or activities. An employee has been designated by the City/County to assist in assuring compliance with Rehabilitation Act requirements and to provide citizens with information and/or assistance regarding these requirements. The designated employee(s) is/are: and can be contacted at: (Telephone) (Address) (Telephone) (Address) IX - 11 (92) E. Citizen Review Process n The centerpiece of any successful 504 handicapped access effort is the involvement of individuals who understand the emerging role of persons with disabilities in our society, and who have experience in accommodating various disabilities. As recipients of Idaho Community Development Block Grants, cities and counties must establish a citizen review process in order to identify, propose and monitor the changes that are required under Section 504. This section provides an outline of what citizen participation includes, the steps that should be taken to assure its success, some examples of what other federal recipients have developed and the monitoring data that must be considered in the compliance effort. Purpose 1. To review all recipient policies, procedures, documents monitoring practices and facilities to identify any current or potential discrimination on the basis of disability. 2. To propose changes in the recipients policies, procedures, documents, monitoring practices or facilities in order to ensure against discrimination on the basis of disability 3. To also serve in an advisory capacity to recipients on methods of providing reasonable accommodations to persons with disabilities in compliance with Section 504 Membership The Citizen Review Panel/Committee should be established in such a way as to bring together: 1. A broad range of disability types --vision and hearing impairments, learning and mobility impairments. 2. A knowledge of, and experience with, methods of providing permanent as well as temporary adaptations to various situations and disabilities. 3. A demonstrated commitment to independence and integration of persons with disabilities. Selection Process Noted above, the Citizen Review committee must represent a broad range of disability types. If local assistance is not available, grantees should seek guidance from state or national organizations representing the interests of disabled persons. It is important representation be from those who are disabled, are relatives of those who are disabled or participate in advocacy groups representing those who are disabled persons. Ciganizations offering technical assistance and information are listed in Exhibit 1X.A. The number of members can vary depending on the size of the community and the scope of the review that is required. There should be no less than four people on the committee, in most communities five is a strong representative number. IX - 12 (92) Having representation from a range of disability types will assist in a more well balanced approach to the self evaluation. Often times we tend to think of access in terms of wheelchair accessibility. Sight or hearing impaired individuals can identify problem areas which can be more subtle than those without such impairments. It is recommended at least the four major disability areas be represented. These are mobility impairments, visual impairments, hearing impairments, and learning impairments. This involvement assists in assuring the self-evaluation is conducted from knowledge and experience and therefore more accurately reflects the interests and concerns of disabled persons in the community. Multi -Community Review Panel In some areas of the state where cities and counties have small populations, a regional approach to the review process may be most effective. This method would combine scarce time and resources, and allow communities to share their experiences in achieving accessibility. In order to create a successful regional effort, some important points should be kept in mind. 1. While participation in the regional panel may be useful, participation is voluntary. Any concerns regarding implementation or enforcement must be addressed by the grantee. 2. The expenditure and distribution of resources must be achieved as equitable as possible, i.e. time, travel, funds, etc. 3. The chairperson must have access to adequate clerical and communication support. 4. All communication to the panel from the community, or from the community to the panel, shall be conducted with the involvement of the designated community representative. 5. Final adoption of the panel's recommendations shall be the authority and responsibility of the grantee. 6. Any grantee, or the panel, may enlist outside support or expertise which may facilitate the success of the compliance effort. The panel may adopt other guidelines for smooth and effective operations. a. Activities 1. Once you have selected your 504 committee, you need to meet as a group and discuss roles and responsibilities, as well as the period of time they may be expected to participate in the process. Copies of the ICDBG 504 Compliance Handbook are available from the Department of Commerce. Tapes or other format can also be made available if requested. Committee members must be familiar with accessibility standards, public law, and techniques for providing program and facility access. 2. Identify a City/County official who will serve as staff liaison with the review panel. This person will be the responsible employee for the grantee n (seepage 5). IX - 13 (92) 3. Elect a chairperson for the committee. This individual will take the lead in guiding the group through its meetings and setting the agenda with the rest of the committee. Other roles and responsibilities can be determined by the committee. It is important to make certain the chairperson is not given responsibilities that are more appropriate for the committees. 4. Establish a regular schedule for committee meetings. It is necessary to establish a clear timetable for conducting both program and facility reviews. A general schedule should be developed for completion of the process, i.e. target dates for various steps in the process. Regular meetings should be scheduled. An agenda and necessary documents and guidelines should always be available, as appropriate. 5. The grantee's major responsibilities in working with the committee includes: a. Listing and providing a concise description of the grantee's programs and activities. b. Collecting and documenting the policies and practices that govern the administration of each of the grantees programs and activities. c. Analyzing how the City/County policies and practices, or lack of such, affect or might affect individuals with handicaps. The overall goal is to determine what condition must be present for individuals with different types of disabilities to participate fully in the agency's programs and activities. What is not in the policies may result in discrimination as much as what is in the policies n d. Respond to recommendations made in the self-evaluation and facility report. Determine (in conjunction with local officials) how and when the problem areas will be addressed. 6. The committee will be responsible for reviewing five main areas: a. General Requirements b. Communications c. Program Accessibility d. Equal Employment Opportunity e. Physical Accessibility - Uniform Federal Accessibility Standards (UFAS) must be utilized to determine compliance with 24 CFR Part 8. 7. Once the review is completed, findings and recommendations must be made to the City/County who is required to respond to the self-evaluation plan and facility report. II. SELF-EVALUATION Local governments must conduct self -evaluations of programs, practices and facilities to identify and correct any that do not meet Section 504 requirements. The grantee's policies and practices must be analyzed to see how they affect individuals with disabilities who seek to participate in local programs and activities. IX - 14 (92) Wa S11-1-1 ome of the areas that should be examined and addressed include: - Policies that exclude or limit the participation of individuals with handicaps in the programs offered by the grantee. If the policy is retained, the self-evaluation should contain a thorough justification for the policy. - The notification process for the grantee's employees about its nondiscrimination policies. - Procedures for processing complaints of discrimination on the basis of handicap and for resolving grievances. - If contractors are used to conduct part of the grantee's programs, procurement requirements should be modified to ensure that the contractors are aware that they must comply with section 504 when performing activities on behalf of the grantee. - Consideration should be given to the need to enable hearing-impaired persons to communicate with the agency by telephone. Agencies should consider purchasing or sharing a telecommunication device for the deaf (TDD), and listing the number in the local commercial telephone directories. (U.S. Department of Justice Technical Assistance Guide 87-1, R11-88.) The first step in this process is to describe the methodology that will be used in the evaluation. HUD does not prescribe a speck self-evaluation checklist. However, since there are specific elements that must be included in the self-evaluation it is recommended grantees use the example shown in Exhibit IX.B. n -The self evaluation is a four-part process. 1. An evaluation of the following: - Policies, programs and activities - Identify the officials responsible for compliance - A list of individuals who assisted with plan preparation - An evaluation of current policies and practices relative to 504 regulations - A description of areas that were examined and problems that were identified. 2. A description of modifications that have been, or will be, made and remedial steps that have been, or will be, taken. 3. Conduct a Facility Review 4. Develop a Transition Plan (if structural changes are needed) A. Communications A major element in this self-assessment is communication. ICDBG recipients shall take appropriate steps to ensure effective communication with applicants, beneficiaries, and members of the public. A. Recipients shall furnish appropriate auxiliary aids where necessary to afford an individual with handicaps an equal opportunity to participate in, and enjoy the benefits of, a program or activity receiving Federal financial assistance. IX - 15 (92) Auxiliwry aids and services includes: (1) Qualified interpreters, notetakers, transcription services, written materials, telephone handset amplifiers, assistive listening devices, assistive listening systems, telephones compatible with hearing aids, closed caption decoders, open and closed captioning, telecommunications devices for deaf persons (TDD's), videotext displays, or other effective methods of making materials available to individuals with hearing impairments: (2) Qualified readers, taped texts, audio recordings, Brailled materials, large print materials, or other effective methods of making visually delivered materials available to individuals with visual impairments. (3) Any other reasonable accommodation that may facilitate communication, i.e. curbside assistance, mailing of materials, etc. In determining what auxiliary aids are necessary, grantee shall give primary consideration to the requests of the individual with handicaps. The request should be honored, unless local officials can show another method would be affective or the desired aid would be an undue burden. The grantee is not required to provide or purchase individual prescribed devices, readers for personal use or study, or other devices of a personal nature. When grantees communicate with beneficiaries by telephone, telecommunication devices for deaf persons (TDD's) or equally effective communication systems shall be used. Grantees are required to implement procedures to ensure that interested persons (including persons with impaired vision or hearing) can obtain information concerning the existence and location of accessible services, activities, and facilities. The grantee is not required to take any action that the recipient can demonstrate would result in a fundamental alteration in the nature of a program or activity or in undue financial and administrative burdens. If an action would result in such an alteration or burdens, the recipient shall take any other action that would not result in such an alteration or such burdens but would nevertheless ensure that, to the maximum extent possible, individuals with handicaps receive the benefits and services of the program or activity receiving HUD assistance. These limitations were the result of a Supreme Court decision which defined the scope of a federal grantee's obligations under Section 504. In order to document an undue hardship, local governments must prove an action would exceed its duty to ensure accessible communications. A public official or its designee must decide that an action would be an undue burden or fundamental alteration. This decision must be made only after considering all resources available for funding and operating the service. The reasons and conclusions of this decision must be in writing. Again, local officials are still required to take alternative steps that would provide effective communication but would not result in undue burden. IX - 16 (92) �.� Deciding whether to have readers or interpreters Three factors should be considered in deciding whether an interpreter should be used for hearing impaired persons: - The context of the communication - The number of persons involved - The importance of the communication Readers or reading devices should be provided for "equal participation" and opportunity to benefit from any governmental service, program or activity. Any local government may be able to meet its obligation by having a member available to assist blind or night impaired individuals i.e. reading forms. The rule of thumb is the method of communication used must be effective. Telecommunications Devices Local entities must provide telecommunications devices (TDD's) for the deaf or other equally effective communications system for hearing and speech impaired persons. A TDD is a typewriter -style device that speech and hearing impaired persons can use to communicate with another with a video screen or printer. The ADA is requiring telephone companies to establish telephone relay services in every state by July 26, 1993. Until then, local officials may want to identify local or private relay services that might be available especially for those who have frequent telephone contact with the public. Information and Signage Grantees must provide information to persons with disabilities about accessible services, activities and facilities. The ICDBG Citizen Participation Plan requires all public hearings be held in accessible facilities and upon request accommodations must be made for sight or hearing impaired persons. Signage must also be provided to direct citizens to accessible entrances. B. Program Accessibility This section focuses on accessible programs rather than accessible buildings. ICDBG grantees must insure program accessibility. If necessary, accessibility through alternative means can be provided. This includes auxiliary aids, relocating programs or making home visits. Grantees are not required to fundamentally alter the nature of its program or steps that would impose undue financial or administrative burdens. If accessibility is not readily achievable, the public accommodation must provide goods and services through alternative methods that are readily achievable. Again, if it is determined accessibility cause undue burden, grantees must provide their conclusion, in writing that all resources have been considered. IX - 17 (92) n Methods of Achieving Program Accessibility There are several ways grantees can make programs readily accessible if physical barriers are not removed. These include: - Providing benefits or services at an individual's home or at an alternate accessible site - Redesigning equipment - Relocating a service to an accessible facility, i.e. moving a public information office from the third floor to the first floor - Providing an aide or personal assistant to enable an individual with a disability to obtain the service Services must be provided in the most integrated setting appropriate to the individuals needs. This does not mean grantees cannot offer separate programs. Local governments may not carry an individual with a disability as a method of providing program access, except in a manifestly exceptional circumstance. The most integrated setting means a setting that enables individuals with disabilities to interact with non -disabled persons to the fullest extent possible and that persons with disabilities must have the option of declining to accept a particular accommodation. If there is no way to make programs accessible through administrative changes, grantees must make structural changes. Under ADA, these changes were required by January 26, 1992. C. Equal Employment Opportunity and Reasonable Accommodations This section covers employment provisions under the Section 504 program. Similarities and differences between 504 and ADA requirements are noted. 1. General prohibitions under discrimination are found in the HUD requirements shown in Appendix G Subpart B These include the requirement that no qualified individual shall, solely on the basis of handicap, be subjected to discrimination in employment under any program or activity that receives federal financial assistance. Also, a recipient may not limit, segregate, or classify applicants or employees in any way that adversely affects their opportunity or status because of handicap. The ADA requirement applies to all state and local governments, regardless of size and whether or not they receive federal financial assistance. Employment activities include: - recruitment and job applications - hiring and discharge - job training - compensation/benefits - training/advancement - leave time - social and recreational activities, etc. IX - 18 (92) 11. 2. Reasonable Accommodation Another requirement is reasonable accommodation to known physical and mental limitations of an otherwise qualified applicant with handicaps, unless the recipient can demonstrate that the accommodation would impose undue hardship on the operation of its program. a. Reasonable accommodation may include: (1) Making facilities used by employees accessible to and usable by individuals with handicaps, and (2) Job restructuring, job relocation, part-time or modified work schedules, acquisitions or modification of equipment or devices, the provision of readers or interpreters, and other similar actions. b. In determining whether an accommodation would impose an undue hardship on the operation of a recipient's program, factors to be considered include: (1) The overall size of the grantee's program with respect to number and type of facilities, and size of budget; (2) The type of the grantee's operation, including the composition and structure of the grantee's work force; and (3) The nature and cost of the accommodation needed. c. A grantee may not deny any employment opportunity to a qualified handicapped employee or applicant if the basis for the denial is the need to make reasonable accommodation to the physical or mental limitations of the employee or applicant. 3. Preemployment Inquiries Requirements are also in effect with regard to Preemployment Inquiries. Generally, a grantee may not make a preemployment inquiry or conduct a preemployment medical examination of an applicant to determine whether the applicant is an individual with handicaps or the nature or severity of a handicap. They make preemployment inquiries into the applicants ability to perform job - related functions. ADA and Section 504 both require equal employment opportunities and reasonable accommodations for applicants and employees. The "undue burden" standard is also limited for employees. The standard for what constitutes "undue burden" will be different for small cities as compared to larger ones. The ADA expands on Section 504 in the following areas: 1. Discrimination by association. ADA Title I protects not only qualified disabled individuals; but qualified non -disabled individuals who are related to or associated with a disabled person - Section 504 does not have this provisions. 2. Essential and marginal job functions. ADA expands on essential job functions. This is defined as "the fundamental job duties of the employment position the individual with a disability holds or desires". IX - 19 (92) Under ADA, employers may ask a disabled individual to demonstrate or describe how he or she would perform a marginal job function. Local n personnel laws that may require written job descriptions are not affected by ADA. 3. Health and Safety Considerations. Section 504 and ADA allow employers to consider whether an employee poses a direct threat to the health and safety of other employees. This employee would not be considered qualified. The ADA expands the direct threat criteria to include individuals who may pose a direct threat to their own health or safety. 4. Food Workers Exclusion. Section 504 does not cover this provision. The ADA requires the U.S. Department of Health and Human Services to publish annually a list of contagious diseases that are shown to be spread through handling food. If no other position is open or a reasonable accommodation to eliminate the risk of transmission is not available, an employee with such a disease may be terminated. 5. Health Insurance. The ADA requires employers to provide the same benefits to disabled employees as to non -disabled employees. Policies that exclude preexisting conditions are allowed, provided the exclusion applies to everyone. The requirements for local governments vary when it comes to employment. For grantees with 25 or more employees, ADA Title I requirements apply. For grantees with 15 to 24 employees, Section 504 requirements apply until July 26, 1994, then ADA Title I applies. For grantees with fewer than 15 employees, Section 504 requirements apply. D. Facility Review A significant portion of the self - evaluation is that pertaining to physical accessibility. If grantee's programs or activities can not be made accessible through administrative changes, structural changes will be necessary. The Uniform Federal Accessibility Standards (UFAS) are the building standards for public entities. They are provided by the Department of Commerce. Local governments are not required to provide program accessibility in a historic property if doing so would threaten or destroy its historic significance. Additional information is provided in Exhibit IX.C, or can be provided by the Department if necessary. Local governments receiving federal assistance should be familiar with UFAS as most federal agencies use these standards in their regulations implementing Section 504. UFAS specifies both technical design and building requirements for accessible facilities. The ADA Accessibility Guidelines (ADAAG) were developed by the Architectural and Transportation Barriers Compliance Board (A & TBCG) for private buildings under the ADA. The Department of Justice has determined that public entities should be entitled to comply with either UFAS or ADAAG standards. Either will meet ADA's requirements. Reportedly, this will be a temporary option. The A&TBCD has plans to issue accessibility guidelines for state and local governments. IX - 20 (92) The 1992 Idaho State Legislature adopted the requirement that any business or commercial activity conducted within the State of Idaho must comply with the requirements of the ADA for public accommodations. The ADA accessibility guidelines will be in effect where public accommodations are being constructed, expanded, modified, or remodeled within the State of Idaho. Any business or commercial activity conducted within the State of Idaho must be accessible to people with disabilities. The text of this law can be provided by the Department of Commerce. The UFAS Accessibility checklist (Exhibit IX.D) can be used to survey local facilities. When conducting the facility review, specific tools should be available to measure each characteristic of the facility, including a folding wooden ruler, measuring tape, fish scale to determine door pressure and a smart level to determine the degree of slopes, curbs, ramps, pathways and sidewalks, etc. E. Transition Plan If structural changes to non -housing facilities will be undertaken to achieve program accessibility, grantees must develop a transition plan. The transition plan shall be developed with the assistance of interested persons, including individuals with handicaps or organizations representing individuals with handicaps. A COPY OF THE TRANSITION PLAN IS TO BE MADE AVAILABLE FOR PUBLIC INSPECTION. The plan shall, at a minimum: 1. Identify the persons or groups with whose assistance the plan was prepared 2. Identify physical obstacles in the grantees' facilities that limit accessibility of its programs or activities to individuals with handicaps 3. Describe in detail the methods that will be used to make the facilities accessible 4. Specify the schedule for taking steps necessary to achieve compliance with this section and, if the time period of the transition plan is longer than one year, identify steps that will be taken during each year of the transition period The transition plan shall be developed within six months of the adaption of the policy on non- discrimination. 5. Identify the official/Department responsible for implementation of the plan. Once the facilities are surveyed, two items must be added. For each element received, i.e. paths and walkways, there must be information showing 1) the actual measurement or finding: and 2) necessary changes. This information combined with 1 - 5 above is the Transition Plan. A sample Transition Plan format is shown in Exhibit IX.E. Enforcement and Compliance Monitoring A. HUD Enforcement Any person who believes he or she has been discriminated against or any n representative of such a person may file a confidential complaint with the IX - 21 (92) Department of Housing and Urban Development's (HUD) Office of Fair Housing /01141 and Equal Opportunity. The written complaint must be filed within 180 days of the alleged discriminatory act unless there is good cause for the delay. The Grievance Procedure on pages 7 through 9 contains the specks regarding this process. HUD's civil rights official reviews the case for acceptance, rejection or referral to another federal agency. Grantees are given the opportunity to respond in writing. Efforts are made to resolve each complaint informally, when this does not work an investigation takes place. The complaint is either dismissed or there is a finding against the recipient. At that point the grantee has 10 days to comply or other sanctions may be imposed including refusal to grant or continue federal assistance. The finding is not recorded until the grantee has had an opportunity for a hearing and series of other steps are taken. B. State Monitoring through Idaho Department of Commerce As with other compliance areas, the Department shall monitor each grantee for compliance with the ICDBG program and Section 504 of the Rehabilitation Act. The Department of Commerce Project Manager shall review this component in a number of ways. Examples include: 1. On-site monitoring The checklist for this review is shown as Exhibit IX.F. This monitoring review form can be used as a checklist to organize the 504 file. 2. Status Report n Project Managers may also request the ICDBG ;lection 504 Status Report (see Exhibit IX.G), as well as any documentation to substantiate the information in the report. 3. Progress Report Section 504 status has been added to the progress report which is submitted with each ICDBG request for funds. Specific information or reports may be requested at any time by the Department project mimager. Grantees should make sure all required documents are submitted to the appropriate project manager so compliance is documented in the project file. IX - 22 (92) /"% Section 504 Contacts REGION 1: Cherie Faulkner Mayor's Committee on Employment of People with Disabilities 3619 Hillcrest Cricle Coeur d'Alene, ID 83814 Ph: 765-3334 REGION II: . Mark Leeper North Idaho Center for 124 East Third Street Moscow, ID 83843 Ph: 883-0523 Independent Living Exhibit IX.A REGION III (Continued): Don Dow Mayor's Committee on Employment of People with Disabilities 215 Carrie Drive Mountain Home, ID 83647 Ph: 587-9521 Janet Wright Governor's Committee on Employment of People with Disabilities Idaho Department of Employment Statehouse Mail Boise, Id 83720 Ph: 334-6100 Dr. Mike Cherasia Marilyn Schuler, Director Stepping Stones Group Homes for Mentally Idaho Human Rights Commission Handicapped Statehouse Mail 124 East Third Street Boise, ID 83720 Moscow, ID 83843 Ph: 334-2873 REGION III: Martha Gilger Debbie Johnson Idaho Parents Unlimited 1365 N. Orchard Boise, ID 83704 Ph: 342-5884 Donna Grummer Mayor's Committee on Employment of People with Disabilities Easter Seal Society 1350 Vista Avenue Boise, ID 83705 Ph: 384-1910 Larry Mitchell Mayor's Committee on Employment of People with Disabilities c/o City Hall 621 Cleveland Boulevard Caldwell, ID 83605 Ph: 465-2225 Bob Graham, Supervisor Rehabilitation Technology Vocational Rehabilitation Statehouse Mail Boise, ID 83720 Ph: 334-3390 Marlyss Meyer, Supervisor Business and Industry Relations Vocational Rehabilitation Statehouse Mail Boise, ID 83720 Ph: 334-3390 Gary Craw, Supervisor Community Based Programs Vocational Rehabilitation Statehouse Mail Boise, ID 83720 Ph: 334-3390 John Watts Idaho Council on Developmental Disabilities Statehouse Mail Boise, ID 83720 Ph: 334-2178 Exhibit IX.A - 1 (92) Alliance for the Mentally Ill Muscular Dystrophy Association 313 N. Allumbaugh 232 S. Cole Road n Boise, ID 83704 Boise, ID 83709 Ph: 376-4304 Ph: 376-0761 Ms. Charlene Martindale, Director Ramona Walhof Office on Aging National Fon of the Blind Statehouse Mail 1301 S. Capitol Boulevard Boise, ID 83720 Boise, ID 83706 6901 Emerald, Suite 203 Ph: 343-11377 Ms. Jan Centanni P.O. Box 1238 Disabled Student Services Jackie Baxter BSU/Student Nurses Bldg., Room 223 Treasure Valley Association of the Hearing 1910 University Drive Impaired Boise, ID 83725 309 N. Atlantic Ph: 385-1583 Boise, ID 83706 Boise, ID 83704 Ph: 344-0807 David Blackwell UCP: 377-8070 Epilepsy League of Idaho Ph: 678-1708 310 W. Idaho Street Boise, ID 83702 REGION PV: Ph: 344-4340 MURS Exhibit IX.A - 2 (92) Idaho Autism Association Idaho Citizens Network 2470 Warren Avenue P.O. Box 1927 Twin Falls, ID 83301 904 W. Fort Ph: 734-7293 Boise, ID 83701 Ph: 385-9146 Jim Palmer /'*N Disabled Students Services Multiple Sclerosis Society, Boise Chapter College of Southern Idaho 6901 Emerald, Suite 203 315 Falls Avenue Boise, ID 83704 P.O. Box 1238 Ph: 322-6721 Twin Falls, ID 83302-1238 Ph: 733-9887 Jody Groom People First Pam Heward 9316 W. Halstead Idaho Disabilities Coalition Boise, ID 83704 1334 Albion Avenue Ph: 327-0562 Burley, ID 83318 Ph: 678-1708 Sounding Board P.O. Box 246 Jeff Crumrine Boise, ID 83701 MURS Ph: 345-8639 484 Eastland Drive S. Twin Falls, ID 83301 Laurence Smith, President Ph: 734-4112 Resource for the Blind of Idaho 36 N. Latah Myla Hatt Boise, ID 83706 803 E. 18th Ph: 343-5066 Burley, ID 83318 Ph: 678-0153 Exhibit IX.A - 2 (92) REGION V: Center of Resources for Independent People P.O. Box 4185 Pocatello, ID 83205-4185 Ph: 232-2747 Dawn Enterprises, Inc. 280 Cedar, Box 388 Blackfoot, Id 83221 Ph: 785-5890 Mary Whiting Blackfoot Mayor's Committee for Employment of People with Disabilities Delta Group P.O. Box 67 Moreland, ID 83704 Ph: 377-8049 REGION VI: Developmental Workshop, Inc. 555 W. 25th Idaho Falls, ID 83402 Ph: 524-1550 Dale Webster Mayor's Committee on Employment of Persons with Disabilities Job Service 150 Shoup Avenue, #13 Idaho Falls, ID 83402 Ph: 525-7000 Exhibit IX.A - 3 (92) /01%N PQ w U r LL, _ O U U Lu LL O U Z Z 0 Q Q Q a > w 0 w OLL• = J Llj Q (%i 0 N C O E O C O c } Q @ N � R > L w N w C � N U') 19 Q L @ a C: Q w L L N X Q O O Q @ L 3N U aN-+ R O C C C 3 t � N 3 L _Q @ O O L 7 C -C V Op O c_ o c c N @ N @ N > + CO Q O N N N -o U Q @ N a 0_L� N C > 1- O @ c N Q N a @ a) - 0 O > a 7 Q R 3 � C aU) c CO "Od a) w c E C (n c > .. @ O w N N U N @ w N C -C O L O N 0 0 R N N Q L 3 OL Q) N L N U @ 7 N N w °L) > @ L If) C +' L L a 0) O O C C O U R LZ E -wa O N C L T d T OQ C Q @ L O E Q .d c U)L R N 0 o E O y + O R d @ C 7, N O O Q � a) a >• L L C C 0 41 @ R a) U CL E O U O Z N N r i OO N C- C- N L L 2 3 O 0 a E L> @ 0 O C O N d U N w C N N + R Lo O m ) 7 C d C U O N > d Q L O N 7 C N LO Q U N d d y C O (n d, (a O U O N> Q U R N N d d a 7 N Y c f0 C 0(n R C N L L 0 O E 0 O- O N O V CO >� L C Q Lo > U C 7 Q E o Y C cr R Q NL R Cl .- O > >2 > U O d N M V I N W U C f6 N N L � � C Q Q O a � � O U � O N C N O N d � C O L � L 4J � a� Q `n o O L a L Q C O � � O N U U C Q O > ` o d � L N L Q U U O C O + N C L O CL 0 L d O � o a > co C o a Q Q �- O m 'L3 N L >� a CL (13 o E N o a Q L W Q C N O N Q N N C N N C N N Q _� O E d O d C 7 O a C7 O w O C @ Q O Q� N _ L CL N Q O f6 L O Q L O U C L > O N � L O a N O � U Q Q ll� 3 a� r w U c @ Q E O v O Z N 0 } R C E c -- 'n --N C �v 16 C L o rn Z L C .� O � N a a, .o U d O 7 Z w /'\ 3 a� R N ��. 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GJ Q a c o c a °' w a a o �° m @ cr O o CL U R N N C a M p N d N L Y C r- R y o 0 O Q O N aL-, U L is a, - R L w N 3 C N 4J L T c a uLi R°' a " Q L L O o L R O Y Y R C p Q N-0 O Y Q, R C E N Y C d C N 7 J Y N N R O a (n p fn C R C 'O L O> R L C Y E c C Y 0 (n O C L d E L O .r. 0 O a@ p R O L Y Y a Y R C 'O O R C N Y p V @ 'R6 @ C a..� C 0 N a E R E O W DRi a E L L O Y L Y a Q L T U fA Y N C w V R a U J R U L Y a a O U U _ E c, U O U Z Q a� O Z o >- W U Q c co iv Q Q N L LJ W C L O Q I R Y U O LL - '0w -i a a Q � > > o Y O 0 U OL R Q L C Q Laf O a Y @ Y c C O R N O + O T R E L- L p L- E n O LU E 4 -- Q a or d W N to C O a d C C 3 � a 3 C a a, w U N � O Q /'1 a rn R c U @ a o a' a � � a, U E U L O O O R -O a L � R c _ 3 Q, a, c @ N o w T R C E LD CO G, O N L y U R a A T Y ?. GJ c N a c o c a °' w a a o �° m Y a cr O o CL U R N N C a M p N d R > L CLO C r- R y o 0 O Q N d ai N aL-, U L is a, - R L w N 3 C N 4J L 9 a N C y c a uLi R°' a " Q L c � Rcr O o L R @ L Y R C p Q N-0 O Y Q, R C E N Y C d C U C 7 J Y N N R O a (n p fn C R C 'O ,� O O> R L C Y E c C Y 0 (n O C �.LO -O d E L O .r. 0 O a@ p R O L Y Y a Y R C 'O O C R C N Y p V @ 'R6 @ C a..� C 0 Y U 0 N a E R E C (n r.- DRi a E L L O Y L E y L L Q L T U fA Y N R V R a U LU u W O U LL O Z W N�N n¢. w 0 O Q C) I F- V) J Y U w U z O J w I J W V) U) c 0 R a 0 E E O U U Q N R C O N R a C: R T C 7 L O n Q O C N E T O Q E W m _ Q W r H n a� = o a c C O _ c }' R a R o c � N N R w 3 O O a L Q - o O E N E Op a Q L O R O N C o c � N o N N �U R0 R Q o U N = U T a R R a O C N a L d aL N U L R N L O L N O ML- N .N L U Q C O) o C O C 0 a R o c �c c 0 J= C = R U R O � � CL L a C R O O 'O-' •E R (n E V (n (n 0 L 0 o c a, O C O Y o (n'0 --,o O O Y' C Q F d, R co o N R U D (n R U QJ = L L a o L Q Y N O R R N E 3 co L c R Q� O O 7 N O N Q ^ N Q� E a R aO N A C L R O N O L L -N 0)-- C N O O R Y CL. - N Q 'N (Rn > O N a O. a c o L O -C a� 3 R N VI L O C o o > U L > a Q C C O R p +' O jo N E ,Q R L R = = R !n Q C7 -C = O N C O R U a O 37 L 0 C N E 0 u O Z R +� .� C C R N Cl R a O a O a L O OQ U N L R a, a o U (U fd L C p N N r C Q a s a OQ j �' O d N o E d R Q d L y N O R t-R Q 00 3 a, (D " Cl o '0fn U rn C N ai aNi R OH R E C N C 4-+ U R Q R U 0, = R N R O O O R a y 0 0 Q C ti R C C R y E O R R C:R �'"' N E L. E 0 0 0 3 Q a p" N L p 7 Y CL 3 C O N 0 (n d N L Y N L= (n O R N Q a R y +-+ R a-� o O L L R N U R m c Ofa C U a 0 m y R N C N (n p> O w L L C d O Q a o n +--� N R ✓ a L E R E �--+ R L (n E N R Ta o L O R> p L t- C N O y N O L CL Q L Q1 N p A 3 R L d o c o� E cCo N M 0 OL c (n u R a, a; � C U G R O R 0 L � L R � O w- 7 p C N O N a) C R jY a� @ N C C_ Q O O a) Y Q) a) L R Y > p O w G Y L Ul C V p C 7 O L o Y R Y N L (n c C W N U E 7 a, R u N C O Lli 7 L o U Y Y N 3 C O U Q E u w _ E o O LL O U o L Z O Q Y O a' W Q C _� R C U O -a �•^ c Z Q Q C @ d > Y Q W W Q UO L p N O LL } M N Cl U Y N Q W V) N Lw Q L O - � L O C- + O C: p > O O @ O C. O 'R6 L Q> 7 O G L N a� c ''' 3"_ OL >, c cu 0 GHL •- Y C �-- C Op V Y G7 O E uCL v O CL V ¢ Y Y O N N R .�--+' E p v -0 d -O -p N R 'O C Q) � Q_ - E O N W 0G'0 C C R .-. U U N C C E O Y C) V _ lV0 +L-� U R O W cc -O d - C C a) O N N U L w p N(UR _ aOi L C C O N C O Y L R cn N C 3 O U Y () O L O(A U p� jo E -o 3, Y o L- 0 c w -OCY) Y a) aa) C N N L •fn -d (n C C a) R N a-- R O O d '0 O c .— 3 3u) (ca 0�o c 70 N N w- 4 �-R0 a� U N � E R aLi= R O U L p :� R R N m.3 > j 6 n @ cr ui a, C 0 0 O) o p C R (n C O '0 -O Q O d w 'O U O C L O L t w L C L U Q) L Q Q R M R LT - U 0 W U ix W F- 37 O U LLO Z W f'- Q a W 0 O 2 Q M 0 U) J Y U W V Z O Q J Q W I LJLL- -i W (n i 4- L /'V a� L O w 2 M m d L C N V Q Q R O C Wm O U O Q Q m L y O -a a� O N � O (a ^ U1 Q a � a o w ca o 7 m 6 c co 0 o A tf a E C �- 7 L (p Q C Q w o E � L C O N O U Q N T E L a, Q a o c L o � o f6 Q� C a a O EO R E C a O R E V Q N O O O V U O C O C _ O L � N C � a N L N Y fd O a O d C N L N wC N a TPS Reports Access to Historic Exhibit IX -C Buildings for the Disabled: Suggestions for Planning and Implementation Legal Requirements The principle of equal opportunity for each citizen under the law as embodied in the Constitution provides the basis for anti -discrimination legislation. Since much of the discrz ination experienced by the disabled has resulted from the inaccessibility of buildings, laws and regulations have been written at every level of government --federal, state, and local --to protect our disabled citizens' richt to barrier -tree access. where historic buildings are concerned, compliance with governmental accessibility requirements must often be reconciled with those laws and regulations written to help preserve our nation's significant architectural resources. Thus, a general understanding of each of the major laws is essential in planning accessibility solutions, which minimize the potential for damaging the historically significant features of the building. It is important to realize that legal requirements governing a building's accessibility may originate at any of the three governmental levels. Further, any legal subdivision of those governmental levels may have direct jurisdictional control over buildinos if the subdivision is responsible for the: • Design and construction related work on their own buildings or the building projects that they financially aid, • operation or financial support of human activities and programs housed in their own or in other buildings; • General health, safety, or welfare of building occupants in buildings within the jurisdiction of the governmental unit. Although historic preservation laws and regulations have been less widely protaulgated than accessibility laws and regulations, those legal requirements for historic preservation -that similarly originate at the federal, state, or local levels of government must also be met. Such requirements attempt to preserve the historically and architecturally significant -characteristics of properties. Exhibit MC - 1 (92) ^ which have been or in some c,^s are considered to be worthy of preservation. Preservation of these buildinas can involve two major categories of federal undertakings: • Design and construction related work -on federally owned^ or financially aided buildings; and • Protection of the public interest in the historic built environment regardless of the financial involvement or the federal government. The following pages will summarize those design standards, laws, regulations, and building code provisions that apply both to accessibility and to historic preservation. It should be noted that compliance may be required by one or more aovernmental levels involved in making a historic building accessible to the disabled. Accessibilitv Design Standards: ANSI A117.1 (1961) One of the first important achievements of the accessibilitv movement was the development and publication in 1961 of design standards by the American National Standards Institute (ANSI) entitled "Specifications for Making Buildings and Facilities Accessible to, and Usable by the Physically Handicapped" (ANSI A117.1).. The design standards give the dimensions and other physical requirements considered to be necessary in making publicly used buildings --and most of the features therein --accessible to disabled persons; however, they specifically exempt the "private residence" from the need to conform to the standards. These standards are only design guidelines until they are made law by incorporation into local, state, or federal regulations. Thus, the 1961 ANSI standards are included in most of the subsequent accessibility laws and regulations and included, by amendment, in many building codes nationwide. The 1961 standards were reaffirmed in 1971 without change. ANSI A117.1 Standards Applied to Historic Buildings (1979) The 1979 edition makes no distinction between public and private buildings, leaving the scope of coverage up to the governmental authority adopting the standards . Like the earlier version of A117.1, all building construction activity, whether new construction, remodelling, alteration, rehabilitation, or restoration falls within the scope of the design standards at the option of the adopting governmental authority.3 It should be noted that even though in 1979 standards make no specific exception for historic buildings, they do include suggestions that adopting authorities can use to "tailor the standards to fit .their -own. local needs in terms Of scope and coverage. Adopting authorities are advised Exhibit IX.0 - 2 (2) th ^they may wish to frame their ove"�_%equirements with regard to which types of buildinq/occupancy should be .covered.ln applyinq.the standards and -to what -extent. The standards further suggest differentiating between new n construction and work on existing buildings. 7hus, it is possible for adopting authorities to qualify the scope of ANSI A117.1 by allowing alternative but equivalent compliance or by allowing compliance waivers. Architectural Barriers Act (1968) This congressional act directed the General Services Administration (GSA) to assure that architectural barriers were eliminated where construction work was being undertaken on federally owned or leased buildings or where federal loan or grant funds were being expended for construction work on any building.4 Such construction work could involve major repairs or the remodeling of historic buildings.5 Regulations implementing the act (for example, those promulgated by GSA) indicate that ANSI A117.1 accessibility standards must be met in all applicable new construction. With regard to existing buildings, the regulations indicate that contruction undertakings directly affecting active use or movement through the building must be made barrier - free. For example, replacing a roof or repairing and painting the exterior siding would not require compliance, but work on stairways, doors, or toilets would recuire n compliance to the extent that those building elements restricted access or were inaccessible (see figures 3 and 4). A method for waiving or modifying the design standard on a case-by-case basis is provided in the regulations as well as a procedure given for lodging complaints about inaccessible buildings. The Department of Housing and Urban Development, Department of Defense, United States Postal Service, and General Services Administration were authorized to issue revulations implementing the Architectural Barriers Act.6 All other federal agencies operating construction or construction aid programs are obligated to comply with the GSA regulations and to apply to GSA to obtain modification or waiver of compliance. Section 504 of the Rehabilitation Act of 1973 Section 504 was enacted in order to accelerate the process of making all buildings receiving federal aid accessible to the disabie� It..states: No otherwise qualified handicapped individual . . . shall, solely by reason of his handicap, be excluded n from the -participation .in, be .denisd::.the benefits of, or be subjected to discrimination under.any program or activity receiving federal financial assistance. Exhibit IX.0 - 3 (92) ,—,Regulation and enforcement of se,p--ion 504 is the expansibility of each federal g, it givina agency or department. Each agency or department prepares rules which apply to its own grant programs (see appendix A for The U.S. Department of the Interior's "Proposed Rule"). Thus, section 504 will affect all historic buildings associated with any activity that has received federal aid of any kind. Since section 504 requires equal protection of law through "program or activity" accessibility, compliance with section 504 does not specifically require that an existing building be made free of all architectural barriers. To achieve program accessibility, section 504 regulations allow other forms of compliance, in addition to the removal of architectural barriers, that involve reassignment or restructuring of the housed activity in such -a way as to make its overall benefits accessible. Section 119 of the Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendment of 1978 expanded the coverage of section 504 program accessiblility beyond federally aided projects to include "any program or activity conducted by anv executive agency or by the United States Postal Service. Thus, program accessibility was broadened to include activities in federally owned or leased facilities in addition to federally aided projects. After federal agencies incorporate this amendment into their regulations, all federally operated programs will be required to be accessible to disabled persons. State and Local Accessibility Laws �1 Since the early 19609, each of the 50 states and the District of Columbia has enacted some sort of seecific accessibility law in addition to, or as part of, a building code.9 State accessibility laws and those enacted by larger cities and urban counties are not necessarily limited to projects involving state or local government funds. Since state laws and local ordinances are based upon that authority reserved to states by the Tenth Amendment, these laws may cover any construction activity regardless of public financial assistance. In all cases, such state laws apply to any building on which a construction related activity is aided with state funds. In addition, a number of states require that buildings under state and local ownership be made accessible when alterations or renovations are carried out. In other cases, the laws apply to any privately owned building that is broadly defined by the state or local jurisdiction as "publicly accessible" in terms of everyday living and working accommodations. Public accessibility, then, can include places of assembly, multiple unit residences, aons%ereial and industrial buildings, health facilities, and overnight accommodations. In the case of existing buildings, many laws require that architectural accessibility be provided when specific types of alterations or renovations are performed --contingent upon the cost or location and purpose of the work. At least two states have accessibility /0-111 requirements based on the retrofitting of existing Exhibit IX.0 - 4 (92) buildings even though alterations or renovations are not intended. {0 7Buildina Codes: Basic Accessibility Requirements Compliance with state and local accessibility laws on exsiting buildings is generally based on construction activity (known as the 25-50 percent rule) usually enforced through the building regulatory establishment of the states or their local governmental units. Thus, enforcement is typically carried out through incorporation of specific accessibility requirements into the state or local building codes and monitored by local building code officials. In some cases, such state or local laws are enforced and/or reviewed by an accessibility review board or a state administrative agency. Where a state or local accessibility law is enforced through a building code, the actual architectural accessibility requirements in a particular building code may be a part of either of these sources: • State Building Code: In those states that have building codes, accessiblity provisions may either be required statewide or, alternatively, adopted by local jurisdictions for certain categories of contruction work. State building codes and their accessibility provisions may be uniquely crafted documents or incorporate, by reference, one of the three model national codes. • Local Buildina Code: Many states allow lower governmental jurisdictions to provide their own building code. larger cities often follow this guidance while smaller jurisdictions adopt one of the three model national codes, adapted with their own accessibility provisions. These various codes incorporate aspects of ANSI A117.1 into their accessiblity provisions, or alternatively, ANSI A117.1 is completely incorporated by reference. Because the various accessibility standards are often modified when incorporated into a building code, no two building code jurisdictions have exactly the same code provisions as they apply to accessibility or ownership, although all are similar in intent. Exhibit I -X.0 - 5 (92) lo-\ n 0 c) States Unate(c A' r 'iii ' c ' iii UFAS ACCESSIBILITY 11-11, CHECKLIST The United States Architectural Tru ot-tdtirni Harriers Compliance Board sp 1111 Eighteenth Street. ' -V`' • Suite 501 V�ashinrtoii. D.C. 20036-3894 10—IN 202 653-7834 Exhibit IX.D - 2 (92) /'N Exhibit IX.D Idaho Community Development Block Grant Section 504 Facility Review Checklist Grantee Name: Chief Elected Official: Address: Phone No: Designated Employee Name: Phone No: ICDBG Project: Type/Project No: n Section 504 Review Committee Members: Date Self Evaluation Initiated: Exhibit IX.D - 1 (92) Representing: Date(s) of Facility Review: w )"\ a� �U a� �O T w�' s 3 � w N U out „w L U y '• a� o N A llo\ n Chapter IX Exhibit IXY Section 504 - Nondiscrimination on the Basis of Disability The purpose of handicap monitoring is to ensure that the grantee has complied with Section 504 requirements set forth in the statutes, regulations and executive orders outlined in the ICDBG Program Manual. Grantees are required to provide adequate documentation to enabld Department staff to determine whether ICDBG funded activities have been conducted in a manner that does not result in discrimination against disabled persons. Guide for Monitoring Grantee: _ Contract No.: Date: Reviewed By: Names and Titles of Staff Interviewed: 1. Designation of "Responsible Employge".This person must oversee the recipient's compliance efforts. Administrative requirements, however, require someone be designated to be responsible for seeing that Section 504 steps are completed on schedule on every project. The "responsible employee" will take the lead in evaluating the recipient's facilities, programs and practices and in drafting the Transition Plan if structural changes are needed. All other details should be monitored or carried out by this person. Designated Employee: Based on your discussion with the Designated Employee, does he or she have good understanding of his/her responsibilities? YES NO 2. Adopt and Publish Policy on Non -Discrimination for Persons with Disabilities Date Signed Policy and Copy of Publication Submitted to Idaho Dept. of Commerce (IDC): Subcontractors working on the ICDBG project are required to certify they have adopted the Policy on Non-discrimination for Persons with Disabilities. Administrator: Date: Architectural/Engineer: Date: Other: Date: Signed Policies Submitted to the Department on Date: Exhibit IXY - 1 (92) 3. $d[Qption of Grievance Procedure. A grievance procedure must be adopted and implemented for all grantees. The public must be notified if the grantee has such a procedure. Since the Department has established its own grievance procedures, this requirement shall apply to all grantees. For additional information, refer to the 1991 Grant Administration Manual, Exhibit VIII -2-3. The procedure must include appropriate due process standards, i.e. method for filing complaints, an appeal process. The procedure must also provide for timely resolution of discrimination complaints. Has the Grievance Procedure been adopted/submitted to the Department? YES _ NO _ Has the Grievance Procedure been published in summary? YES NO 4. Notice of Non -Discrimination for Grantees with Fifteen or More Persons. Recipients should make continuing efforts to notify their participants, beneficiaries, applicants and employees that they do not discriminate on the basis of handicap in federally funded programs. The "program" is defined so that it applies to all services, activities, and practices. The responsible employee should be available to take questions and comments in this area. Notification must be published using media that can be expected to reach vision and hearing impaired individuals. In addition, other acceptable methods for publishing include posters, radio announcements, flyers in braille, and large -print notices. The initial and annual publication of the "Policy on Non -Discrimination for Persons with Disabilities" assists in meeting this requirement. However every effort should be made to provide this information in a variety of ways so that all citizens in the community are notified of the grantee's commitment. n Notice Date: Notice Date: Notice Date: Copies of notices must be submitted to the Department on a timely basis. 5. Establish 504 Citizen Review Panel. See 504 Handbook for guidance. If local help is not available, grantees should seek guidance from state or national organizations representing the interests of handicapped people. An additional resource list is attached for your reference (see Attachment 4). This is provided in addition to the regional resource list given to you at the Section 504 Workshops. Panel Members: Representing: Do panel members have a clear understanding of their responsibilities? YES NO Names Submitted to the Department? Yes No Date: Exhibit IX.F - 2 (92) ?00*�. 6. Self Evaluation. Complete checklists in all areas which include programs, policies, practices and facility review. The Self -Evaluation checklist is in the Section 504 Handbook. Has the 504 checklist been completed as specified in the Handbook? YES _ NO _ 7 Consultation with 504 Citizen Review Panel. Regular discussions are essential to the success the grantee's compliance efforts. Meeting Schedule Dates: 8. Modify Policies and Practices. When it is found policies and practices, either in whole or in part, impact negatively upon the handicapped, grantees must modify the appropriate policy or practice so the problem is eliminated. Has the grantee done this? YES NO 9. Facility Review. Has this review been completed? YES NO Are checklists complete? YES NO Have the findings and conclusions been reported? YES NO 10. Develop Transition Plan (if structural changes are needed). At a minimum, the plan must 1) Identify the physical obstacles that limit accessibility; 2) Describe the method to be used in making the facility accessible; 3) Schedule the tasks to be completed and identify actions to be taken within the first year if the total project will exceed one year; 4) Identify the official responsible for implementing the plan. Schedule for completion of tasks: Schedule submitted to the Department: YES NO Date: Exhibit IX.F - 3 (92) lo-', Exhibit IX.G Idaho Community Development Block Grant Section 504 Status Report This report and supporting documentation is to be submitted to the appropriate Idaho Department of Commerce (IDC) project manager. The regulations state that this step in the process applies only to grantees with fifteen or more persons. This person must oversee the recipient s compliance efforts. Administrative requirements, however, require someone be designated to be responsible for seeing that Section 504 steps are completed on schedule until closeout on every project. The responsible employee will take the lead in evaluating the recipient s facilities, programs and practices and in drafting the Transition Plan if structural changes are needed. All of the other details should be monitored or carried out by this person. Designated Employee: 2. Adopt and Publish Policy on Nondiscrimination for Persons with Disabilities Grantee: Date: Date Signed Policy and Copy of Publication Submitted to Idaho: Department of Commerce (IDC) Subcontractors working on the ICDBG project are required to certify they have adopted the Policy on Nondiscrimination for Persons with Disabilities. Administrator: Date: Architectural/Engineer: Date: Signed Policies Submitted to Department: Yes_ No _ Date: See 504 Handbook for guidance. If local help is not available, grantees should seek guidance from state or national organizations representing the interests of handicapped people. Refer to the regional resource list (Exhibit A). Panel Members: Representing: Names Submitted to the Department: _Yes _No Date: Exhibit IX.G - 1 (92) Regular discussions are essential to the success of your compliance efforts. Meeting Schedule Dates: Complete checklist in all areas which include programs, policies, practices and facility review. The Self Evaluation checklist is in the Section 504 Handbook. 6. Modify Policies and Practices When it is found policies and practices, either in whole, or in part, impact negatively upon the handicapped, grantees must modify the appropriate policy or practice so the problem is eliminated 7. Facility Review/Develop Transition Plan (if structural changes are needed) At a minimum, the plan must 1) identify the physical obstacles that limit accessibility; 2) `describe the method to be used in making the facility accessible; 3) schedule the tasks to be completed and identify actions to be taken within the first year if the total project will exceed one year; 4) identify the official responsible for implementing the plan. Schedule for Completion of Tasks: Schedule Submitted to the Department? _Yes _No Date: i/r // / 7 i/ The requirements state that grantees a grievance procedure must be adopted and implemented The public must be notified if the grantee has such a procedure. The procedure must include appropriate due process standards, i.e., method for filing complaints, an appeal process. The process also provide for timely resolution of discrimination complaints. Exhibit IX.G - 2 (92) A044% /'Sk 9. Notice of Nondiscrimination for Grantees Recipients should make continuing efforts to notify their participants beneficiaries, applicants and employees that they do not discriminate on the basis of handicap in federally funded programs. The program is defined so that it applies to all services, activities, and practices. The responsible employee should be available to take questions and comments in this area. Notification must be published using media that can be expected to reach vision and hearing impaired individuals. In addition, other acceptable methods for publishing include posters, radio announcements, flyers in braille and large print notices. The initial and annual publication of the Policy on Nondiscrimination for Persons with Disabilities partially meets this requirement. However, every effort should be made to provide this information in a variety of ways, or an on-going basis, so that all persons in the community are notified of the grantee s commitment. Notice: Date: Notice: Date: Notice: Date: Copies of notices must be submitted to the Department at the time they are made public. COMPLIANCE n Section 504 requirements will be monitored by Community Development staff the same as other compliance areas. While the checklist is designed for grantees to monitor their own progress, it can also be used to report progress to the Department. You are encouraged to keep it current as it may be requested by your project manager. A section on 504 has also been added to the progress report you will be submitting with each request for funds. Discrimination Complaints Any person who believes that he or she has been discriminated against, or any representative of such a person, may file a confidential complaint with the Department of Housing and Urban Development s Office of Fair Housing and Equal Opportunity. The written complaint must be filed within 180 days of the alleged discriminatory act unless there is good cause for the delay. Exhibit IX.G - 3 (92) �+ CHAPTER IX HANDICAPPED ACCESSIBILITY Introduction Section 504 of the Rehabilitation Act of 1973 stipulates that "No otherwise qualified person with disabilities shall solely, on the basis of his or her handicap, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance." With the promulgation of regulations affecting the ICDBG program in 1988, the rule details administrative responsibilities and compliance actions required under federally funded entities. The Community Development Division of the Department has assumed responsibility for assuring compliance among the applicants and recipients of Community Development Block Grants in Idaho. In order to clarify the roles, responsibilities and requirements of those receiving block grant funds, the Division undertook a training and technical assistance project. This project provided a series of training workshops and a training manual/resource guide for local public officials responsible for implementing the requirements of Section 504. The contents of this manual will be inserted as part of this chapter. -t, 4kk frucr,w, / t -c-w 1 , &;l coa�A a ( so,. ;a �� b��z,� �,I- �r TIv-K„ �i✓L.1 tit C\kV,�/J . 1r1( i'r C L� CPIA.ti Vk s(V"— .14,,), iww `C W', ^> - c� �t jocactl Vwa 5 IX -1 1 �j Cy �jcL1 (�JLLt�:J V �! � '!1X1�►� P �.i ��c;A la �j r � �v��(. G� Vl )VO f w'> 00( I Vt'j VIV C(4 4�"l 7CI o-/ Tv;�us,rwtiC��, J C �^� T.J.. � I C u- �t ( c',r�-c �6k.) These memos were mailed to all participants in the 504/ADA Regional Workshops on the Phase I Technical Assistance Project funded by the Department of Commerce. Please disregard the information that -does not apply. You are receiving this information because you receive Community Block Grant Funds. RECEIVED AUG 19 1993 CITY QE MERIDIAN II06 S. Vermont Ave. Boise ID 83706 (208) 342-5865 MEMO TO: 504/ADA REGIONAL WORKSHOP PARTICIPANTS PHASE I TECHNICAL ASSISTANT PROJECT FUNDED BY THE DEPARTMENT OF COMMERCE FROM: DANA GOVER ACCESS CONCEPTS & TRAINING DATE: AUGUST 6, 1993 SUBJECT: FOLLOW-UP ON PHASE I & PHASE II ACTIVITIES I would like to thank you for your participation in the 504/ADA Regional Workshops funded by the Department of Commerce's Community Development Block Grant Division. July 14th was the last day of the regional workshops. We recently compiled the data from the evaluation forms and your responses reflected that you learned a great deal from the training and Phase I was a great success. Due to your participation, unique point of view, and 'excellent questions, I also learned a great deal on different solutions to meet the requirements of 504/ADA as applied to your community. After each workshop I was energized by your positive outlook on making your community as accessible as possible. We all know that discrimination cannot be eliminated overnight but working together through education we can make a big dent in it. I realize that the information at the workshops was very extensive and confusing. I have worked with this information for years and I still find it confusing at times. From my own experience in working in this area, I have learned not to jump to conclusions or make any hasty decisions. In the majority of cases if I look at each situation on a case by case basis, listen to the individual with the problem, and utilize the written resources that are available on 504/ADA my confusion seems to disappear. However, if I am still confused, I call someone who can. help me with the problem. Each situation is unique and it really helps when I can brainstorm with someone else who has a different view point or may remember which resource manual to look in. Sometimes there are a number of solutions to a situation, other times there are very few, and rarely have I found that there is no solution at all. One of the major reasons that I enjoy working with 504/ADA is because of all the different people that I meet, and it really 1-0� takes creative problem solving skills to address each situation. Therefore, I hope you will take the time to review the Title II information and write down questions, comments, and concern. so we can discuss these areas and eliminate some of the confusion on these laws. I promised that Access Concepts & Training would put together a Regional contact list that included resources from your area.To accomplish this objective please take the time to write down names, addresses, and phone numbers of organizations and individuals. that you know who can assist in helping other cities or counties in your area comply with 504/ADA. This list might include local interpreters, citizens, organizations, businesses, and educational facilities who have a special expertise and interest in 504/ADA. Other possible contacts might include organizations that provide information and referral pertaining to individuals with disabilities and possible existing resource manuals that are available to the public and up-to-date. Local businesses that provide auxiliary aids or other related services. Architects who are knowledgeable and committed in making sure that facilities meet the requirements of the ADA. As soon as you can get us a list of current resources we will compile this information and send it back out to you. The second phase of this project includes on-site Technical Assistance for those cities and counties who have been identified by the Department of Commerce. Included in this letter is a list of those entities. Phase II of this project will help you further understand how to put together or complete your self-evaluation and transition plan. If you are an interested citizen who would like to be involved with this process please contact the city or county closest to your area on the enclosed list. Phase II of this project is not a repeat of the Regional Trainings that were just implemented. To ensure that the Technical Assistance activities are as effective as possible, please share what you have learned with those who w}11 be involved with the self-evaluation and transition plan process. Before on-site visits are implemented the following activities listed below should be initiated. These activities will help the 504/ADA committee, 504/ADA Coordinators, and other city or county staff and officials think of potential questions, problems, and comments about this process. Keep in mind that the ADA regulations mandate that state and local government complete the self- evaluation by January 26, 1993. If you are on the list these activities should be started and hopefully completed in September. Please implement the activities identified below as soon as possible so we can come and help you with this process. * The 504/ADA Coordinators must be designated and become very familiar with the resources handed out on day one of the training. These resources are the ones that you utilized to complete the small group activities. These resources are Title II Highlights, Title II Technical Assistance Manual, Title II Technical Assistance Manual Supplement, and Title II Action Guide. * A list of all city or county services, programs, and facilities must be developed. The 504/ADA Coordinator, city personnel, and department heads, should gather all pertinent written materials that are available. For example, manuals, brochures, applications, job descriptions, policies, procedures, examples of notices, agendas, etc. These written materials will assist the Committee to conduct the self-evaluation and identify any areas that exclude individuals with disabilities. However, as I stressed not all cities or counties have written materials therefore the committee and city or county staff may need to brainstorm to determine if there are any unwritten procedures that are discriminatory. * The 504/ADA Citizen Review Panel must be organized and provided with the information identified above. The Coordinator may want to organize the committee to work on different areas that will be evaluated in the self- evaluation process. Work groups might focus on these areas: 1) employment, 2) communication access, 3) provision of auxiliary aids and services, 4) notice of non-discrimination, 5) grievance procedure, and 6) review of city or county ordinances that may affect people with disabilities. However, as many of the committee members as possible should be involved in the review of architectural barriers. * The grant administrator should meet with the 504/ADA Coordinator and the Committee to make sure they understand their responsibilities. Basic training on the Department of Commerce's requirements and Title II should be initiated. * The Committee should start on the self-evaluation process. P-100 C"00 Again Access Concepts & Training would like to thank you for your participation in Phase I. We truly enjoyed meeting each and every one of you. We hope that each of you will join us in working together to eliminate attitudinal and physical barriers that prevent individuals with disabilities from participating in services your city or county provides. If you have any questions please call Jeanette or myself at 342-5865. The majority of your calls will be taken by a message answering service and will be returned wit n a week. ana Gover M-19 r ,v FACTS ABOUT THE AMERICANS WITH DISABILITIES ACT Title I of the Americans with Disabilities Act of 1990, which takes effect July 26, 1992, prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions and privileges of employment. An individual with a disability is a person who: • Has a physical or mental impairment that substantially limits one or more major life activities; • Has a record of such an impairment; or • Is regarded as having such an impairment. A qualified employee or applicant with a disability is an individual who, with or without reasonable accommodation, can perform the essential functions of the job in ,question. Reasonable accommodation may include, but is not limited to: • Making existing facilities used by employees readily accessible to and usable by persons with disabilities; • Job restructuring, modifying work position; • Acquiring or modifying equipment examinations, training materials, oc readers or interpreters. schedules, reassignment to a vacant or devices, adjusting or modifying policies, and providing qualified An employer is required to make an accommodation to the known disability of a qualified applicant or employee if it would not impose an "undue hardship" on the operation of the employer's business. Undue hardship is defined as an action requiring significant difficulty or expense when considered in light of factors such as an employer's size, financial resources and the nature and structure of its operation. An employer is not required to lower quality or production standards to make an accommodation, nor is an employer obligated to provide personal use items such as glasses or hearing aids. PRE-EMPLOYMENT INQUIRIES AND MEDICAL EXAMINATIONS Employers may not ask job applicants about severity of a disability. Applicants may be asked at specific job functions. A job offer may be conditioi medical examination, but only if the examination is employees in similar jobs. Medical examinations of related and consistent with the employer's business he existence, nature or out their ability to perform ,ed on the results of a required for all entering employees must be job needs. DRUG AND ALCOHOL ABUSE Employees and applicants currently engaging in the illegal use of drugs are not covered by the ADA, when an employer acts on the basis of such use. Tests for illegal drugs are not subject to the ADA's restrictions on medical examinations. Employers may hold illegal drug users and alcoholics to the same performance standards as other employees. EEOC ENFORCEMENT OF THE ADA The U.S. Equal Employment Opportunity Commission will issue regulations to enforce the provisions of Title I of the ADA on or before July 26, 1991. The provisions take effect on July 26, 1992, and will cover employers with 25 or more employees. On July 26, 1994, employers with 15 or more employees will be covered. FILING A CHARGE Charges of employment discrimination on the basis of disability, based on actions occurring on or after July 26, 1992, may be filed at any field office of the U.S. Equal Employment Opportunity Commission. Field offices are located in 50 cities throughout the United States and are listed in most telephone directories under U.S. Government. Information on all EEOC -enforced laws may be obtained by calling toll free on 800 -USA -EEOC. EEOC's toll free TDD number is 800-800-3302. For TDD calls from the Washington, D.C. Metropolitan Area, dial (202) 663-4494. This fact sheet is available in the following formats: Print, Braille, large print, audiotape and electronic file on computer disk. For further information call the Office of Equal Employment Opportunity on (202) 663-4395 (voice), (202) 663-4399 (TDD) or FTS 989-4395 (voice), 989-4399 (TDD). December 1990 1 S OOVFRNNIFNTPRINTING OFFICF '9910-88}780 EEOC-FS/E-5 U.S. Department of Justice Civil Rights Division f1 - Coordination and Review Section *.. Americans with Disabilities Act Statutory Deadlines I. Employment > The ADA requirements become effective on: - July 26, 1992, for employers with 25 or more employees. - July 26, 1994, for employers with 15-24 employees. II. Public Accommodations > The ADA requirements become effective on: - January 26, 1992, generally. - August 26, 1990, for purchase or lease of new vehicles that are required to be accessible. > New facilities designed and constructed for first occupancy later than January 26, 1993, must be accessible. > Generally, lawsuits may not be filed until January 26. 1992. In addition, except with respect to new construction and alterations, no lawsuit may be filed until: - July 26, 1992, against businesses with 25 or fewer employees and gross receipts of $1 million or less. -- - January 26, 1993, against businesses with 10 or fewer employees and gross receipts of $500,000 or less. III. Transportation A. Public bus systems > The ADA requirements become effective on: - January 26, 1992, generally. - August 26, 1990, for purchase or lease of new buses. B. Public rail systems -- light. rapid, commuter. and intercity (Amtrak) rail > The ADA requirements become effective on: - January 26, 1992, generally. - August 26, 1990, for purchase or lease of new rail vehicles. I- By July 26, 1995, one car per train accessiblity must be achieved. III. Transportation (cont.) > By July 26, 1993, existing key stations in rapid, light, and commuter rail systems must be made accessible with extensions of up to 20 years (30 years, in some cases, for rapid and light rail). C. Privately operated bus and van companies > The ADA requirements become effective on: - January 26, 1992, generally. - July 26, 1996 (July 26, 1997, for small providers) for purchase of new over -the -road buses. - August 26, 1990, for purchase or lease of certain new vehicles (other than over -the -road buses). IV. State and local government operations > The ADA requirements become effective on: - January 26, 1992. V. Telecommunications CRD -70 > The ADA requirements become effective on: - July 26, 1993. for provision of relay services. This document is available in the following accessible formats: - - - - Braille - Large Print - Audiotape - Electronic file on computer disk and electronic bulletin board (202) 514-6193 For more information on the ADA contact: U.S. Department of Justice Civil Rights Division Coordination and Review Section P.O. Box 66118 Washington, D.C. 20035-6118 (202) 514-0301 (Voice) (202) 514-0381 (TDD) (202) 514-0383 (TDD) GPO : 1990 0 - 273-184 O a� xzz�y O O T rD eD X O � o ? c c < CL OQ (ID rt n T O O O rDcr C N O T mrD y y c a- aq S]. cn C n rp tU y ON C rt � �D �D p Al `O ►"� V N cpn rD CA A• p L./ � V/ O �cr O cn O O to Qn a) c: C) O O O. p cn O Ll. � � C W CL rt rD 1V � rr� y O ` i T ii n s i n' �s a a O 3 a a R M O w � � �: eh Ln Q a► N V N R 0o .00 � A rO �+ .3 O w C p y Q to •., > M O (J •.1 � O w � N r„a �” .O O 00 00 en r. Gxoo444 C O G li Ln Ln fu w M 1 1 1 1 O V V N v aJ Cw O W O 40P ADA PLANNING ASSOCIA'T'ION Policies and Strategies for Implementing The 1990 Americans With Disabilities Act DRAFT March 25, 1992 The purpose of this document is to communicate APA's policies regarding implementation of the Americans with Disabilities Act (the ADA) and to identify those specific mechanisms by which APA staff expect to effect the policies. Section I enumerates specific APA policies regarding implementation of these ADA requirements. Section II provides some general background regarding the ADA and how its requirements are likely to affect APA. Section III lists the strategies which will be used to implement the policies and identifies relevant actions which are required by APA staff to effect the strategies. POLICIES The following represent Ada Planning Association's commitment to complete implementation of the ADA in all of APA's community responsibilities. A. APA is committed to improving access to its programs, information and services by all persons, including persons with disabilities. Changes in APA programs and services will serve the spirit of the ADA, not merely meet its minimum technical requirements. B. APA will conduct a review at least annually to ensure that all services, programs and activities of APA are designed and executed in such a manner to address special needs of persons with disabilities and that these persons are not subjected to discrimination. GENERAL BACKGROUND The Americans with Disabilities Act of 1990 was drafted as a civil rights law, one which assures that "...persons with disabilities have equality of opportunity, a chance to fully participate in society, are able to live independently, and can be economically self-sufficient," 1 and one which empowers individuals to redress perceived inadequacies in its implementation directly through the legal system. The ADA includes five Titles, of which Titles I and II will greatly affect the way in which the Ada Planning Association conducts its business. Title I addresses employment and prohibits discrimination against qualified individuals with disabilities. Reasonable accommodation in work place facilities, procedures, training, schedules, and other aspects must be provided to allow otherwise qualified individuals to be hired or promoted. Act of 1990. Urban Nass Transportation Administration, A.S. Department of Transportation. (UNTA-XA-06-0206-91-1) September, 1991. P. 1-1. DRAFT March 25, 1992 Page 2 Title II addresses public entities in general and transportation providers specifically. Its major thrust is to prohibit discrimination against persons with disabilities in all services, programs, or activities provided by such organizations. Given the public responsibilities of APA and the extensive public funding which supports its operations, it is clear that Title II applies to APA. Generally, persons with disabilities may not be excluded from "...participation in or denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any public entity." (ADA Title ILA, Sec. 202) Title II, Part A, of the ADA is further defined under 28 CFR Part 35, Nondiscrimination on the Basis of Disability in State and Local Government Services. Z Planning requirements under 28 CFR Part 35 are very specific for public entities employing 50 or more persons. Mandated measures include: • Completing and maintaining records for 3 years on consultation with persons with disabilities, identification of problems related to compliance with the ADA, and modifications of policies, programs, services and facilities intended to comply with the ADA. (§35.105) • Designating one or more employees to coordinate ADA -related activities. (§35.107(a)) • Adopting and publishing grievance procedures for complaints filed under the ADA. (§35.107(b)) • Developing a transition plan to implement structural changes to facilities. (§35.150(d)) Exemptions from these mandates are allowed when actions would fundamentally change the services of, or place undue financial burden upon the entity. The burden of proof, however, is on the entity. (§35.164) For entities receiving federal assistance in the form of grants, the pre -1990 Section 504' regulations still apply. S'T'RATEGIES The ADA and its companion regulations typically deal with generalities and emphasize taking "reasonable" courses of action rather than listing specific required actions. Consistent with the stated policies, the following strategies emphasize what APA is willing to do, not just what is required. There are several specific APA activities which will be affected by the ADA policies stated above. Although employment is a major activity in which APA desires to include persons with disabilities, it is not included in the following list since strategies for implementing employment considerations of the ADA are covered directly in the APA Personnel Manual. Specific areas considered in this document include: A. Major APA documents; B. APA Information, including data and mapping services; C. Public hearings; D. Participation on APA Board and committees; and E. APA offices. Final Rule. Federal Register, Vol. 50, No. 144, pp. 35694-35723. Subsequent references are taken from this regulation. Section 504 of the Rehabilitation Act of 1973, 29 O.S.C. 794. r DRAFT March 25, 1992 Page 3 A. MAJOR DOCUMENTS. APA's documents, as with most governmental agencies, are normally printed and distributed to parties included on mailing lists. This process does not adequately allow for some persons, notably those with visual impairments, to review the documents. Implementing the ADA policy statement requires that these documents be made available, under reasonable circumstances and in an appropriate manner, to all persons who wish to access them. The affected documents include: • APA's transportation plans, including roadway, pathway, and transit plans. • Demographic reports. • Development monitoring reports. • Annual work programs. • Transportation Improvement Programs. • Special studies, specifically those given report numbers. • Charters, by-laws, and internal policy documents (such as Personnel Policies) which affect the conduct of APA operations. All these documents will henceforth be made available in formats accessible to persons with disabilities. Formats will include, but not be limited to, printings in braille or large print, or audio recordings. Availability will be upon request, with a maximum of two working days required for APA to provide the requested documents under normal circumstances. APA reserves the right to wait until requests for the translations are received before authorizing printing or taping. APA will include notices in all major documents that these documents can be made available in special formats. No charge will be made for accessible materials beyond that normally charged for printed versions. APA may limit the number of accessible reports made available to individuals or organizations, provided that public copies of accessible versions are available through loan at APA or at one or more public locations, such as public libraries. B. ON-LINE INFORMATION. APA provides the public with information on data, current activities, and upcoming meetings over the phone. The standard voice telephone does not permit persons, notably those with hearing disabilities, to access this information. Telecommunication Devices for the Deaf (TDD) allow persons with hearing disabilities to access these information sources in a more acceptable manner. APA will implement TDD accessibility by the end of December, 1992, for on-line information and, based upon actual experience in subsequent months, intends to add sufficient TDD capability to meet actual demand. Training will be provided to APA personnel on the use of the TDD equipment and how to acknowledge individual requests. APA will also notify relevant public and private agencies of the TDD service and will place notices of TDD service availability on letterheads, business cards, published notices, and other relevant materials at such time as they are re -printed. C. PUBLIC HEARINGS. APA recently inaugurated an experimental form of public hearing in which there is more "one-to-one" communication with attendees and no audience is present during formal testimony. This process, detailed in Appendix A, is intended to aassist everyone, including persons with disabilities, to better understand the projects and have adequate opportunity to include their testimony on the public record. ^.1 DRAFT March 25, 1992 Page 4 Idaho law dictates that APA continue to use formal newspaper legal advertisements for public hearing notification. ` APA will implement additional steps to insure that notification of public hearings is available to persons with disabilities. For one, APA staff will maintain a list of agencies and organizations which represent persons with disabilities and request that these organizations contact their clients concerning the pending project. APA will send to these agencies and organizations, on or before the published legal advertisement appears in the newspaper, notice about the upcoming public hearing, its subject, and information concerning the availability of accessible information pertaining to it. APA staff will attempt to schedule all public hearings, as well as scheduled meetings of the APA Board and all other public meetings, at sites which are accessible to persons with disabilities and which are accessible via public transit. All televised public service announcements paid for by APA will be closed - captioned and interpreter or videotext services will be made available at the public hearing provided a formal request is made for such service(s) at least two working days is advance of the scheduled hearing time. Accessible transportation, paid for by APA, may also be available for persons meeting the qualifications of the ADA and who are registered with the transit operation, upon similar prior request. All textual information in handout materials for public hearings will be available upon two working day notice in a specified accessible format. D. PARTICIPATION ON THE APA BOARD AND COND41 TEES. APA has long had a policy of non-discrimination: "...the Ada Planning Association Board reaffirms as policy its commitment to non-discrimination in all aspects of the Association's work efforts, including hiring, recruitment, development, promotional opportunities, membership on boards and committees, participation in and receipt of services and work products..." s Members of the APA Board are appointed by member agencies; membership is limited to mostly elected officials. Members of the Technical Advisory Committee are also appointed by member agencies, usually from among their technical staff. Six of the 21 Citizens' Advisory Committee members are appointed by the Executive Director of APA with the following conditions: "Appointments shall be made ... in conformance with the following guidelines... These representatives will include six interested individuals who represent broadly the citizen interests of Ada County... Nominees ... are to be sought by recruitment through local agencies, clubs and organizations and through the media. Whenever possible, the total group of representatives shall include one or more of low income, student, minority, or handicapped status." 6 Need to reference the specific Idaho law and recent updates concerning advance notices of public meetings. Resolution 13-85. September 19, 1985. Citizens' Advisory Committee By -Laws. Amended November 21, 1989. DRAFT March 25, 1992 Page 5 Another standing committee of APA, the Special Transportation Advisory Committee, is open to any agency or individual involved in or interested in transportation issues facing the elderly or persons with disabilities. Ad hoc committees and groups are often assembled to work on special APA projects. Membership on these committees and groups, sometimes key groups in influencing early direction of projects, is typically by invitation. Beginning immediately, APA will notify agencies who represent clients with disabilities when special committees and groups are being formed and citizen participation is being solicited for them. APA will facilitate translation of documents needed to participate on such committees into accessible formats whenever feasible. APA will also consider readers or other interpretive services to assist with communication, when necessary and possible. E. APA OFFICES. APA offices are located on the ground floor of a converted, older structure. The age of the building and its physical layout make full compliance with the ADA difficult and prohibitively expensive. APA will, however, strive to meet the intent of the ADA office accessibility requirements. Specifically, APA will work with qualified ADA compliance experts to ensure that, where feasible, modifications are made to the facility to allow use by persons with disabilities. A plan detailing modifications to the existing offices is currently being prepared; desired changes will be implemented as soon as practical or as soon as funding can be made available. ' Future space acquisitions will be evaluated prior to leasing, with a similar modification plan prepared using assistance from qualified consultants. COMPLIANCE OFFICER APA will designate a compliance officer in its annual Work Program to be responsible for compliance with the ADA, even though the ADA only requires agencies with 50 or more employees to designate such a role. Although APA intends to go beyond minimal compliance with the ADA, there may still be occasions where APA action is perceived by an individual as inadequate. It is desirable for such an individual to have a specific avenue by which to make their perceived grievance known and to have the action which prompted their grievance further reviewed. The right to resolve any perceived grievance through a formal, equitable process affords everyone a genuine opportunity to be heard. APA has established in its Personnel Manual a formal grievance procedure for employees; the following ADA grievance process is a minor modification of it and may, from time to time, be modified to better accommodate the needs of persons with disabilities who wish to have a specific APA action re -considered. All participants in the grievance will attempt in good faith to adhere to this process and the time frames There is no requirement under the ADA or its regulations that existing facilities be brought up to full compliance. DRAFT March 25, 1992 Page 6 established. It is understood, however, that circumstances beyond the control of one or more participants may necessitate occasional delays. This procedure outlines all options open to an aggrieved person; at any point where a grievance is satisfactorily resolved, the procedure will terminate. A person filing a grievance (the Aggrieved) will be encouraged to be accompanied by a person of their own choosing at each step of this procedure. 1. A grievance is initiated by submitting to APA's Compliance Officer a written statement of the grievance, specifically including the action which generated the grievance and a request to initiate further review or modification of this action. 2. APA's Compliance Officer will respond, in writing, to the grievance within five (5) working days and advise both the Aggrieved and the Executive Director of their recommendation for its resolution. 3. If the Aggrieved is dissatisfied with the Compliance Officer's response or the Compliance Officer is unable or unwilling to resolve the issue, the Aggrieved will forward the grievance to the APA Executive Director. 4. The Executive Director will review the grievance and the comments of the Compliance Officer, and will initiate a discussion of the grievance with the Aggrieved within five (5) working days from receipt of the forwarded grievance. The Executive Director will prepare a response in writing and give it to the Aggrieved and to the Compliance Officer within five (5) working days after the discussion of the grievance with the Aggrieved. 5. In the event that the Aggrieved is dissatisfied with the decision of the Executive Director, they will present their grievance to the Chairperson of the APA Board. The Executive Committee of the APA Board will then meet to review the grievance along with all other solutions previously proposed, as well as other pertinent data. The Executive Committee will attempt to set a hearing with the Aggrieved within ten (10) working days after receiving the forwarded grievance. The Executive Committee will attempt to notify the Aggrieved of its final decision, in writing, within ten (10) working days after the hearing. This is the last and final internal grievance step afforded to the Aggrieved. Subsequent action must be through the State or Federal court system. / I WA : ►I I J' 1 : Y During the final quarter of each fiscal year, the Compliance Officer(s) will prepare an overview of the effectiveness of the existing policies and strategies. The Compliance Officer(s) will recommend changes deemed necessary to improve deficiencies. The review and recommendations will be submitted to the Executive Director for appropriate action. EFFECTIVE DATE OF CHANGES, The provisions of this plan shall be effective immediately upon adoption by the APA Board. Cr C %. D P[AN.3 DRAFT March 25, 1992 Page 7 APPENDIX A TRADITIONAL AND ALTERNATIVE HEARING PROCESSES The traditional hearing includes the following steps: • Following a series of workshops with staff and citizen groups, a draft document is prepared and printed in sufficient quantities, usually 50-200 copies. • A legal notice is placed in the major area newspaper two-four weeks prior to the hearing. This notice may run from 2-7 times. State law mandates that legal notices must be printed in 7 point letters. Larger print sizes require the placement of other advertising. • Printed handouts and visual aids such as maps and slides are prepared for the hearing. • Staff present the material orally in a lecture style, accompanied at times by audio-visual material. • Following the presentation, the hearing is opened for official comments. Written comments may be accepted prior to, during, or for a period of time following the hearing. • Hearing results are either summarized or typed verbatim for the record. The alternative public hearing process include the following: • The preliminary steps of workshops and legal notices remain. • A "canned" slide or video presentation is created which loops continuously and explains, in general terms, the project and its impacts. • A longer hearing time is scheduled, usually expanding the 2-3 hour format to a 4-8 hour format with breaks included. • More resource people are added to staff tables at which a specific aspect of the project is addressed. • Official comments are recorded continuously throughout the process at a special table. Other attenders are not required to listen to each speaker. • Written comments may be presented before, during, or after the hearing. This alternative process offers many advantages: • The material is presented to individuals rather than to audiences. This allows for more questions and answers compared to the traditional style. • Persons wishing to provide testimony are not intimidated by speaking in front of an audience. This is especially critical when most or all of the audience is partisan. • More persons are involved in discussing the project, removing the need for one or two persons to handle all issues. • Volatile situations can be defused by the one-to-one approach and the removal of the crowd factor. The emphasis is on communicating information. • The longer, less structured format allows people to drop in and leave whenever they want. The disadvantages are: • More preparation time is needed. Making a video, training persons to staff the hearing, and setting up a facility to cater to the participatory hearing process take time. • The costs for the alternative hearing style are correspondingly higher. • More staff for a longer amount of time are needed on the day of the hearing. • The alternative process may not supplant the need for the traditional process in front of planning and zoning commissions and elected officials. • Not everyone likes getting rid of the audience factor. It can help defeat or support a proposal. Some want the audience to hear their statements, believing this communication helps educate others about the project. 1'� I � I March 25, 1992 Grant Kingsford Mayor of Meridian City of Meridian 33 E. Idaho Meridian, ID 83642 /'Ilk Ada PlanningAssociation 413 W. Idaho, Suite 100 Boise, ID 83702-6064 (208) 345-5274 Fax (208) 345-5279 Serving Governments in Ada County Since 1977 Dear Mayor Kingsford: The Americans with Disabilities Act of 1990 (the ADA) is a civil rights law which assures that "...persons with disabilities have equality of opportunity, a chance to fully participate in society, are able to live independently, and can be economically self-sufficient." The ADA includes five Titles, of which I -III can affect the operations of local governments: • Title I addresses employment and prohibits discrimination against gualified individuals with disabilities. Reasonable accommodation in the work place, facilities, procedures, training, schedules, and other aspects must be considered to allow otherwise qualified individuals to be hired or promoted. • Title II addresses public services and prohibits discrimination against persons with disabilities in all services, programs, or activities provided by public entities. Generally, persons with disabilities may not be excluded from "...participation in or denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any public entity." (ADA Title II.A, Sec. 202) Requirements are more specific for public entities employing 50 or more persons, although local governments with as few as 15 employees and receiving federal funding may be affected by the additional requirements. • Title III involves public accommodations, including hotels, restaurants, meeting halls, places of education, and convention centers. APA is reviewing its own programs and services relative to the ADA. I am enclosing a copy of our draft plan along with several other documents of interest: Ada County Highway District, Ada County, Cities of Boise, Eagle, Garden City, Kuna, and Meridian Boise Auditorium District, Boise Independent School District, Meridian Joint School District, and Boise State University Equal Opportunity/ Affirmative Action Employer Printed on Recycled Paper • A copy of the ADA law, P.L. 101-336, Americans with Disabilities Act of 1990. • 28 CFR Part 35, the Federal regulation issued by the Department of Justice concerning Title IT of the ADA. • House Bill No. 754, which amends the State law to incorporate reference to the ADA architectural provisions into the Idaho Building Code Advisory Act. • A report on Title III by the firm of Holland & Hart, B. Newal Squyers and Debra K. Ellers. While this is by no means a complete listing of information on the ADA, the material might be useful for you, your staff, and your attorney to review to see how your services and responsibilities could be affected. We have been working with a couple of individuals who can be contacted for more information on the ADA. They are: Henry Henscheid, Staff Advisor Task Force on the ADA 1350 Vista Avenue Boise, ID 83705 (208) 344-5590 (afternoons) Kelly Buckland, Executive Director Living Independence Network Corporation (ZINC) 708 West Franklin Street Boise, ID 83702 (208) 336-3335 Please call me if you have questions. I can't guarantee I'll know the answers, since the regulations and their implementation are new. Sincerely, LL arles F. Trainor Project Manager CrimmWr ADA RMSXTR PC: Jack Niemann, Meridian City Clerk File 540.01/Planning Support --General March 10, 1992 Association of Idaho Cities 3314 Grace Street, Boise, Idaho 83703 Telephone (208) 344-8594 To: City Officials 1 Fr: William Jarocki, Executive Director i Re: AMERICANS WITH DISABILITIES ACT The Americans with Disabilities Act of 1990 (ADA) has far reaching consequences for Idaho cities who are required to comply with sections of the law relating to public services, employment, public accommodations, transportation and accessibility. As cities across the United States take steps to comply with the ADA, we are pleased that the National League of Cities (NLC) can assist in their efforts by providing technical guidance on this subject with their publication, Local Officials Guide to Complying with the Americans with Disabilities Act of 1990. This guidebook consists of practical, "how to" information designed to assist local government leaders in carrying out their policy and program implementation responsibilities more effectively. For ordering information on this or other NLC publications dealing with the ADA, contact: Publications Department, National League of Cities, 1301 Pennsylvania Ave., N.W., Washington, D.C. 20004 or call NLC at (202) 626-3150. As the need for information on ADA heightens, workshops are being scheduled around the State to deal with the questions and concerns of the Act. The Idaho Association of Counties is planning spring workshops statewide to address some of the issues (city officials are invited to attend), and the Association of Idaho Cities will be holding an ADA General Session at its Annual Conference in June. If your city has not yet taken do so immediately. Attached is If you have questions, please c glad to assist. /j rb Enc. action on the ADA, we urge you to a time line for ADA compliance. all the AIC office and we will be Ad-., TIME LINE FOR ADA COMPLIANCE by January 26, 1992 o Appoint ADA coordinator (Required if 50 or more employees; optional, but encouraged, for all local governments) o Adopt grievance procedure (Required if 50 or more employees; optional, but encouraged for all local governments). o Educate and sensitize your employees about the ADA. o Review, modify and/or create job descriptions that conform to ada. o Review, modify and/or create application and testing procedures (including medical and drug testing requirements) that conform to ADA. o Review and modify sick leave policies, health insurance, and smoking policies for compliance with ADA. o Develop handbooks, manuals. posters. N and radio broadcast announcements to inform the public of the rights and protection afforded by the ADA. o Place required signage in and around facilities indicating nearest accessible facility service. o .Purchase TDDS for 911 and emergency communications. o Purchase TDDS for other offices that have regular telephone contact with the public. o Begin self-evaluation and transitionIp ans. (Transition plans required if 50 or more employees; suggested for all local governments as part of self-evaluation process) o A si n task to _responsible employee(s). o Notifv public and invite participation by disabled. o Appoint advisory committee. o Look at every program, service, facility(includingleased facilities and services provided hy contractors). o Identify interim, alternative modifications until structural changes are completed. o Assign finance director or city recorder responsiblity of establishing perameters for determining undue hardship. o Appoint persons with disabilities to municipal boards and committees. byJuiy 26, :1992 o Transition plan must be completed by January26, 1993 o Self-evaluation plan must be completed by January'26, ......... o All structural changes identified in transition plan mu s# be completed. December 30. 1991 Pat Madarieta Community Development Specialist Idaho Department of Commerce 700 W. State Boise, Idaho 83720-2700 Re: City of Mountain Home ICDBG-90-III-33 Dear Mr. Madarieta: Enclosed are the minutes of the 504 Compliance Committee meeting, the City of Mountain Home Transitional Plan. the Policy Regarding Non -Discrimination on the Basis of Disability resolution and the certificate of substantial completion. This should complete all the requirements set forth in your letter of December 10, 1991. If can provide any additional information please don't hesitate to contact me. Sincerely, - Je app PrincipKl Planning and Facility Management CC: Betty Manning_ Wayne Forrey MINUTES OF THE CITY OF MOUNTAIN HOME 504 COMPLIANCE COMMITTEE The meeting was called to order at 9:30 am, October 10. 1991. Members in attendance were Lupe Wissel, John McCrostie, Bob Graham. and Jerome Mapp. Lupe Wissel, as member of the Mayor's Disabilities Task Force. was identified as Committee Review Coordinator. Jerome Mapp was designated as writer of the Transitional Plan and minutes. he would forward these documents to Ms. Wissel for review and approval by the committee. Betty Manning. City Clerk. City of Mountain Home. provided the committee a list of the locations of all public facilities of the City of Mountain Home as shown below: a. City Hall. 160 South 3rd East b. Airport Terminal. Airbase Road c. Historical Buildina. 180 South 3rd East d. Library. 790 North 10th East e. Golf Course Clubhouse. Golf Cart Storage #1. #2 & #3 f. Recreation 'frailer and Swimming_ Pool, 990 McKenna g. Fire Station #1. 125 S. 5th E. h. Fire Station #2, N. 6th E. i. City Shop Office, 770 N. Main Street After reviewing the list, the committee adjourned the meeting at 10:00 am. and than proceeded to review the various sites. &a City of Mountain Home Transition Plan Pursuant to the Idaho Department of Commerce regulations to implement standards for non-discrimination on the basis of disability in HUD funded programs, the City of Mountain Home is obligated to have a Transitional Plan to achieve access to city - owned facilities. The transition plan committee was directed to focus on city -owned property only. This committee had nine sites to review and survey which included City Hall. Airport Terminal. Historical Building. Library. Golf Course Clubhouse. Golf Cart Storaae #1. #2 & #3. Recreation Trailer and Swimming_ Pool, Fire Station #1 & #2 and the City Shop Office. The Elmore County Historical Building was surveyed. but it was determined that. as a historic structure. the cost for compliance would be cost prohibitive. as stated in section 6.21(c)(ii) of the act. The city and the historical curator stated that if a person with disabilities needed assistance to enter the structure or if other needs were determined they could provide assistance. The Golf Cart Storage #1, #2, and #3 was part of the survey. but it was determined that access was available if a person wanted access to a Golf cart. Fire Station #1 and #2 and the City Shop is not open to the public. Fire Station #2 is used as a polling place. during elections. Doorways in the fire station are wide enough for a access by a wheelchair. but there are no public facilities in the building. The City Shop is not open to the public due to insurance requirements. Those wishing to meet with the Public Works Director may due so at City Hall or arrangements could be made. The five remaining properties were identified as applicable to this process: 1. City Hall. 160 South 3rd East 2. Airport Terminal. Airbase Road 3. Library. 790 North 10th East 4. Golf Course Clubhouse. 5. Recreation Trailer and Swimming Pool. 990 McKenna What follows are specific recommendations for the transition plan as it applies to non -housing HUD programs. CITY HALL A. IDENTIFICATION OF PHYSICAL OBSTACLES 1. The weicrht of the door needs to be reduced. There is an obstacle near the entry_ door. 2. The service counter is to hic_rh. It should be 34" to 36" from the floor. 3. Some door ways are not wide enough. The public can't go to the offices of the buildinu and engineering department. but staff can go to the front desk to assist. 4. The men's restroom. which is not a public restroom is not accessible to the handicap. 5. There is not a flashing alarm for the hearing impaired. B. COMMITTEE RECOMMENDATIONS TO MAKE FACILITIES ACCESSIBLE 1. Reduce the weight of the entry door remove all obstacles are the entry door. 2. The service counter should be 34" and 36" from the floor. 3. All door ways should be 32" wide. 4. The women's restroom provides handicap access. 5. Provide flashing fire alarm system for the hearing impaired. The city may make other arrangements to meet this requirement. C. SCHEDULE The committee recommended the following priority and schedule for compliance with the 504 regulations: B1 Phase I Within the next three months B5 Phase II Within the next six months B2.B3.B4 Phase III Within the next year, or as funds become available AIRPORT TERMINAL A. IDENTIFICATION OF PHYSICAL OBSTACLES 1. There are no handicap parking spaces on the site. 2. The facility is not accessible to the disable from the front or secondary entrance. 3. The public phone doesn't have a volume control for the hearing impaired. The phone is not accessible to the disable. 4. The drinking fountain is not accessible to the handicap. 5. Minor modifications are needed in the public restrooms. B. COMMITTEE RECOMMENDATIONS TO MAKE FACILITIES ACCESSIBLE 1. Provide one handicap parking space. 2. Provide access for the disable through the secondary entrance. Provide a platform. ramp to the secondary entrance and sidewalk to handicap parking space. 3. Provide a volume control to the public phone or utilize the business phone in the office. Thus. eliminating in modifications to the front foyer. 4. Provide a cup dispenser for the drinking fountain. 5. Insulate the hot water pipe. lower the mirror and towel rack and relocate the soap dispenser. C. SCHEDULE The committee recommended the following priority and schedule for compliance with the 504 regulations: B1,B3.B4.B5 Phase I Within the next three months B2 Phase II Within the next six months Phase III Within the next year. or as funds become available /'t LIBRARY A. IDENTIFICATION OF PHYSICAL OBSTACLES 1. The weight of the door swing to the library may need to be modified. 2. The water fountain doesn't meet handicap guidelines. 3. Some tables need to be accessible to the handicap. 4. There is not a flashing light fire alarm for the hearing impaired. 5. The men's and women's restrooms needs minor modifications. B. COMMITTEE RECOMMENDATIONS TO MAKE FACILITIES ACCESSIBLE 1. Make the necessary changes to the door swing which should be 5 lbs. 2. A new water fountain is needed. 3. Provide additional tables (28" to 34") for those in wheel chairs. 4. Provide flashing fire alarm system for the hearing impaired. The city may make other arrangements to meet this requirement. 5. Insulate the hot water pipe. lower the mirror and towel rack and relocate the soap dispenser. Redesign the entrance of the women's restrooms and modify_ the sinks and handles. C. SCHEDULE The committee recommended the following priority and schedule for compliance with the 504 regulations: B1 Phase I Within the next three months B2,B5 Phase II Within the next six months B3.B4 Phase III Within the next year, or as funds become available /41%, /'\ GOLF COURSE CLUBHOUSE A. IDENTIFICATION OF PHYSICAL OBSTACLES 1. No handicap parking. 2. The door swing_ of the men's restroom is to heavy. the space between the two doors is to narrow and the sink is not accessible and other modifications were needed. 3. The drinking fountain doesn't handicap requirements. It is to high and it extends in the travel way. 4. There is not a flashing light fire alarm for the hearing impaired. B. COMMITTEE RECOMMENDATIONS TO MAKE FACILITIES ACCESSIBLE 1. Provide one handicap parking space. 2. Reduce the swing weight of the door. increase the distance between the two doors by 48". modify the men's sink. Insulate the hot water pipe. lower the mirror and towel rack. relocate the soap dispenser. lower urinals to 17" from the floor, the grab bar needs to be 1.6 inches in diameter and a inch away from the wall. Remove chairs and bookcase from the women's restrooms because they are blocking the entrance to the restroom. 3. A new drinking fountain is needed. 4. Provide flashing fire alarm system for the hearing impaired. The city may make other arrangements to meet this requirement. C. SCHEDULE The committee recommended the following priority and schedule for compliance with the 504 regulations: B1 Phase I Within the next three months Phase II Within the next six months B2.B3.B4 Phase III Within the next year, or as funds become available RECREATION TRAILER AND SWIMMING POOL/OR SHOWERS A. IDENTIFICATION OF PHYSICAL OBSTACLES 1. Handicap signage is needed to identify the handicap parking spaces and the handicap parking space needs a five foot maneuver area. 2. The concrete at the base of the ramp that leads to the Recreation Trailer to the needs to be upgraded. the ramp doesn't meets the required slope. It is 14 feet. 3. The door way is 30 inches wide. 4. A lip is located in the enter area. 5. The outdoor concession stand is not accessible to the disabled. 6. There is no ramp or sidewalk from the parking lot to the public rest rooms and the public restrooms are not accessible to the handicap. 7. There is a concrete step in the men's and women's shower area, which limits access for the handicap area. 8. The dressing rooms are not accessible to the handicap in the men's and women's areas. 9. Minor modifications are needed in the both restrooms. 10. Need curb cut for the handicap into the park and tables are not accessible for the handicap. B. COMMITTEE RECOMMENDATIONS TO MAKE FACILITIES ACCESSIBLE 1. Make the necessary changes. Signage is available through the City of Mountain Home. 2. The ramp needs to be 21 feet in length. 3. The door needs to be 32 inches wide. 4. The lip needs to be modified. 5. There are two options: a. Lower the concession stand window and concrete the grass area or b. Redesign the ramp and concession stand area into a new patio, ramp and concession stand and deck. 6. There is the need of a ramp or sidewalk from the parking lot the public rest rooms. The restrooms will need to be redesigned. 7. Construct a ramp. 8. Make one dressing room out of two dressing_ room relocate bench in the men's dressing rooms. 9. Insulate the hot water pipe. lower the mirror, towel rack and relocate the soap dispenser. Provide new handles which are accessible for the handicap on the sinks, make toilets accessible. The one urinal should be lowered. 10. Provide a curb cut into the park and provide tables which are accessible for the handicap. C. SCHEDULE The committee recommended the following priority and schedule for compliance with the 504 regulations: B1 Phase I Within the next three months B2,B3,B4 Phase II Within the next six months B5,B8,B9 B6,B7.B10 Phase III Within the next year. or as funds become available D. OFFICIAL RESPONSIBLE Mayor Don Etter E. INDIVIDUALS WHO ASSISTED IN THE PLAN PREPARATION Lupe Wissel, Committee Review Coordinator John McCrostie, Public Works Director Bob Graham, Idaho, Department of Vocational Rehabilitation Jerome Mapp, Planning Consultant to the City J"'*_1 �7/ Policy Regarding Non -Discrimination on the Basis of Disability A resolution of the City/ftmty of Mountain Home; Idaho, adopting a policy of non- discrimination on the basis of disability. Whereas, the Congress of the United States has passed Section 504 of the Rehabilitation Act of 1973 which regtiires that "No otherwise qualified individual with handicaps in the United States... shall, solely on the basis of his or her handicap, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance"; and, Whereas, the City/X7b}&,xy ofMountain Home has applied for/received a Community Development Block Grant and is required to comply with Section 504 of the Rehabilitation Act of 1973; and, Whereas, the failure to comply A-1th the terms and conditions of Section 504 of the Rehabilitation Act may cause the City to lose its grant or eligibility for suture grants; No,x, therefore, be it resolved by the Mayor and the Council of the ,,curitain Home lda.` o, the following: Section 1. it is the policy of the City/Z that all programs and acti�-ities shall be accessible to, and usable by, qualified persons with disabilities. Section Il. That the City/shall undertake an evaluation, conducted in consultation with citizen groups involving persons with disabilities, of its programs, policies, procedures and facilities in order to determine those areas where discrimination may occur. Section lit. The City shall, upon completion of said evaluation, make such revisions, modifications, or other changes so as to fully comply with the letter and intent of Section 504. Section I-V. Further, the City/Q shall, where building modifications are required, develop and implement a transition plan for the timely elimination of structural barriers to citizens with disabilities. Passed by City/ cof mountain Home , Idaho. Signed By: Title: Date: _ �l Attes 1014, "posies. - - Noe-U[retl>minadua r on the liltidu of DlaabilitY tlAFesolntiorn :old tire' tY/P= to Mast aur- Hitmi.1 ldih+ `adopting a poi. icy of=nbb1diier 6InWtfon'gs the basis Whetoasttbp� of the United IRA Rai " HAWK •'604 of tha Rehabi<litatISM /ll'ti8f, 073 which , r8- quires.that "No odwrwise qualified in. dividual with handicaps in the United States...shall,-solely on the -basis of h$ or her. l4idIb4,(ba1eicc &d.from par. 'ticipatfon-in;-be denied the benefits of,. or be subdidito" dleii°lohinatfon under aqy program or activity'recelving feder- al financial tesisiance"; and, ; Whereas,- th6'-City/QK of Moon- ' Lain Romp this: spplied4or/received a Commmnity;Develo*enf Block Gradt" and is required to comply with Section 604 of the Rehabilitation Aa'of 1978; " and,-. 0011Ifbft .i a;jS?I. • : Whereas; thefailurw t& comply with the termig iiid conaitions of Section 604 of the Rehabilitation Ad may cause the City/AOp w to lose its grant or eligibili- ty for future grants; t,t Now, therefore, be it resolved by_the Maiar and the Council of the City/ fJi OXW:of MpypJAi111=, Idaho, the following- I'': . ' Section L It is the policy of the City/ 9=11P that all programs and activities shall be accessible to, and usable by,. qualified persons with disabilities. Section 11. That the City/aypMN shall undertake an evaluation, conduct. ed in.eonsultation with citizen groups y involving parsons with disabilities, of its programs, policies, procedures and facilities Warder to'determine those sr - sea where discrimination may occur. +..S6611on M. , he City/Gl== shall, upon completion of said evaluation, make such revisions, modifications, or:. other changes' so as to folly comply with the letter and intent of Sedion ; 604. Section W.. Fluther, the City/QHS shall,: whom buillding,,lmlfdiAcations ars required,- it n: ` atid' ' lement a transitilwplan for the timely elimina Hol of structural barriers to citizens with disabilities. Passed by City/QM= of Mountain 96me" Idaho.. 'rOXTib!"Augusi ` ayor ATTEST: Betty Manning One publication: August 28, 1991 i Affidavit of Publication County of Elmore ISS. STATE OF IDAHO I, Lois Whitney, do solemnly swear that I am the foreman, or publisher of the Mountain Home News a weekly newspaper of general circulation, pub- lished once a week at MOUNTAIN HOME, IDAHO, that the notice attached hereto and which is a part of publication thereof; was published in said news- paper for / consecutive weeks, the first publi- cation having been made on _2Y _ day of (a", 19 T/ , and the last publi- cation having been made on the n5 F day of f 19every Wednesday i issue of the paper during the period and time of publication and that the notice was published in the newspaper proper and not in a supplement thereof. And I further swear that the said MOUNTAIN HOME NEWS has been continuously and uninter- ruptedly published in said Elmore County during a period of 78 consecutive weeks prior to the first publication of the attached notice. Subscribed and sworn to me this 1�??7WL day of LL -a -Al A, . • 19qj— Notary Public Friday July 26, 1991 Part IV Department of Justice Office of the Attorney General 28 CFR Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services; Final Rule 35694 Federal Register / Vol. 59, No. 144 / Friday, DEPARTMENT OF JUSTICE 29 CFR Part 35 10rdK No. 1512-111 Nondiscrimination on the Basis of D"Wity M State and Local Government services AGENCY: Department of Justice. ACTION: Final rule. SUMMARY. This rule implements subtitle A of title II of the Americans with Disabilities Act, Public Law 101-338, which prohibits discrimination on the basis of disability by public entities. Subtitle A protects qualified individuals with disabilities from discrimination on the basis of disability in the services, programs, or activities of all State and local governments. It extends the prohibition of discrimination in federally assisted programs established by section 504 of the Rehabilitation Act of 1973 to all activities of State and local governments, including those that do not receive Federal financial assistance, and incorporates specific prohibitions of discrimination on the basis of disability from titles L III, and V of the Americans with Disabilities Act. This rule, therefore, adopts the general prohibitions of discrimination established under section 504, as well as the requirements for making programs accessible to individuals with disabilities and for providing equally effective communications. It also sets forth standards for what constitutes discrimination on the basis of mental or physical disability, provides a definition of disability and qualified individual with a disability, and establishes a complaint mechanism for resolving allegations of discrimination. EFFECIVE DATIC January 28,1992. FOR FURTHER INFORMATION CONTACT: Barbara S. Drake, Deputy Assistant Attorney General, Civil Rights Division; Stewart B. Oneglia. Chief, Coordination and Review Section. Civil Rights Division; John L Wodatch, Director, Office on the Americans with Disabilities Act, Civil Rights Division; all of the U.S. Department of Justice, Washington. DC 20530. These individuals may be contacted through the Division's ADA Information Line at (202) 514-0301 (Voice), (202) 514-0381 (TDD), or (202) 514-0383 (TDD). These telephone numbers are not toll-free numbers. I\ SUPPLEMENTARY INFORMATION: Background The landmark Americans with Disabilities Act ("ADA" or "the Act"), 28. 1991 / Rules and enacted on July 28,1990. provides comprehensive civil rights protections to individuals with disabilities in the areas of employment, public accommodations, State and local government services, and telecommunications. This regulation implements subtitle A of title II of the ADA, which applies to State and local governments. Most programs and activities of State and local governments are recipients of Federal financial assistance from one or more Federal funding agencies and therefore, are already covered by section 5o4 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794) ("section 504"). which prohibits discrimination on the basis of handicap in federally assisted programs and activities. Because title II of the ADA essentially extends the nondiscrimination mandate of section 504 to those State and local governments that do not receive Federal financial assistance, this rule hews closely to the provisions of existing section 504 regulations. This approach is also based on section 204 of the ADA. which provides that the regulations issued by the Attorney General to implement title II shall be consistent with the ADA and with the Department of Health. Education, and Welfare's coordination regulation, now codified at 28 CFR part 41, and. with respect to •'program accessibility, existing facilities." and "communications," with the Department of justice's regulation for its federally conducted programs and activities, codified at 28 CFR part 39. The first regulation implementing section 504 was issued in 1977 by the Department of Health. Education, and Welfare (i9W for the p and activities to which it provi ed Federal financial assistance. The following year, pursuant to Executive Order 11914. HEW issued its coordination regulation for federally assisted programs, which served as the model for regulations issued by the other Federal agencies that administer grant programs. HEW e coordination authority, and the coordination regulation issued under that authority, were transferred to the Department of justice by Executive Order 12250 in 1980. In 1978, Congress extended application of section 504 to programs and activities conducted by Federal Executive agencies and the United States Postal Service. Pursuant to Executive Order 12250, the Department of Justice developed a prototype regulation to implement the 1978 amendment for federally conducted programs and activities. More than 80 Federal agencies have now issued final regulations based on that prototype. prohibiting discrimination based on handicap in the programs and activities they conduct. Despite the large number of regulations implementing section 5o4 for federally assisted and federally conducted programs and activities, there is very little variation in their substantive requirements, or even in their language. Major portions of this regulation, therefore, are taken directly from the existing regulations. In addition, section 204(b) of the ADA requires that the Department's regulation implementing subtitle A of title II be consistent with the ADA. Thus, the Department's final regulation includes provisions and concepts from titles I and ID of the ADA. Rulemaking History on February 22, 19K, the Department of Justice published a notice of proposed rulemaking (NPRM) implementing title III of the ADA in the Federal Register. 58 FR 7452. On February 28,IM. the Department published a notice of proposed rulemaking implementing subtitle A of title II of the ADA in the Federal Register. 58 FR 8538. Each NPRM solicited comments on the definitions, standards, and procedures of the proposed rules. By the April 29, 1991, close of the comment period of the NPRM for title II, the Department had received 2,718 comments. Following the close of the comment period, the Department received an additional 222 comments. In order to encourage public participation in the development of the Department's rules under the ADA, the Department held four public hearings. Hearings were held in Dallas, Texas on March 4-5,1991, in Washington. DC on March 13-15,1991, in San Francisco, California on March 18-19,1991, and in Chicago, Illinois on March 27-28.1991. At these hearings, 329 persons testified and 1,587 pages of testimony were compiled. Transcripts of the hearings were included in the Department's rulemaking docket. The comments that the Department received occupy almost six feet of shelf space and contain over 10,000 pages. The Department received comments from individuals from all fifty States and the District of Columbia. Nearly 75% of the comments that the Department received came from individuals and from organizations representing the interests of persons with disabilities. The Department received 292 comments from entities covered by the ADA and trade associations representing businesses to the private sector, and 87 from government units, such as mayors' Federal R,mesher 1 offices, public school dishictr. sad. various State agencies wodcioe� withindividuals w" disabilities. Tisa Depwinmat received one . comment from a consortium of 549 organizations repeesensting abroad spectrum of persons with disabilities. In addition, at least another 25 commenters endorsed the position expressed by this consortium, or submitted Identical comments on one or both proposed regulations. An organization representing persons with hearing impairments submitted a large number of comments. This organfzatioa presented the Department with 479 individual comments. each providing in chart form a detailed representation of what type of auxiliary aid or service would be- useful in the various categories of places of public accoauaodation. 'The Department received a number of comments based on almost ten different form letters. For example, individuals who have a heightened sensitivity to a variety of chemical substances submitted 288 post cards detailing how exposure to variaos environmental conditiose restricts their access to public and commercial buildings. Another large group of form letters came from groups affiliated with independent living centers. The vast majority of the comments addressed the Department's proposal implementing title UL Slightly more than loo comments addressed only issues presented in the proposed title II regulation. The Department read and analyzed each comment that was submitted in a timely fashion. Transcripts of the four hearings were analyzed along with'the written comments. The decisions that the Department has made in response to these comments, however, were not made on the basis of the number of commenters addressing any one point but on a thgrough consideration of the merits of the points of view expressed in the comments. Copies of the written comments, including transcripts of the four hearings, will remain available for public inspection to room WA of the HOLO Building, 320 Firsts Street, NW., Washington. DC from 10 a.m. to 5 p.m.. Monday through Friday, except for legal holidays, until August 30,1982. Overview of the Rule The rule is organized into seven subparts.. Subpart A. "General," Include* the purpose and application sections, describes the relationship of the Act to other laws. and defines key terms used in the regulation. It also includes adarinistrative requirements adapted from section 504 regulations for frt34 No. 144 / 28. 1991 / Rates and Regulations 35M self-eralaadans, narkm deskm m of respoeWble enpbyees, and adoption of grievauos procedures by public entities. Subpart B. "Generali menta ft contains the general of discrimination based on the Act and the section 604 regulations. It also contains certain "miscellaneous" provisions derived from title V of the Act that involve issues a mb as retaliation and coercion against those asserting ADA rights; illegal an of &a^ and restrictions on sanolding. These provisions are also included is the Department'stitle regulation, as �III general provision on maintenance of accessible features. Subpart C addresses employment by public entities, which is also eovcnd by title I of the Act. Subpart.D, which is also based on the section 60s re dorm sets out the requirements for program accessibility in existing facilities and for new construction and alteration. Subpart 8 contains specific requirements relating to cormmunicatione. Subpart F establishes administrative procedures for enforcement of title IL As provided by section 203 of the Act, these are based on the procedures for enforcement of section 504, vddch, in turn. are based on the enforcement procedures for title VI of the Civil Rights Act of 1984 (42 U.S.C. 2owd to 20ood- 4a). Subpart Falso restates the provisions of title V of the ADA on attorneys fees. alternative means of dispute resolution+ the effect of unavailability of technical assistance, and State humanity. Subpart G designates the Federal agencies responsible for investigation of complaints under this part. It assigns enforcement responsibility for particular public entities. on the basis of their major functions. to eight Federal agencies that currently have substantial responsibilities for enforcing section WL It provides that the Department of justice would have enforcement responsibility for all State and local government entities not specifically assigned to other designated agencies. but that the Department may further assign specific functions to other agencies. Thepeat would not. however, displace the existing enforcement authorities of the Federal finding agencies under section 604. Regulatory Process Matters This final rule has been reviewed by the Office of Management and Budget -under Executive Order 22291. The Department is preparing a Baal regulatory Arrc rte and ct analysis � ) of this rule Transportation Barriers Compliance ,oard In prepsefag an RIA for its Americans with Disabilities Act Accessibility Cuidellnes for Buildings and Facilities (ADAAG) that are incorporated in appendix A of the Department's fiscal rule Implementing title III of the ADA. Draft copies of both preliminary RIAs are available for comment the Department wig protide copies of these documents to the public upon request. Comrmemers are urged to provide additional information as to the costs and benefits associated with We rule. This will facilitate the development of a final RIA by January 2, itt92. The Department's RIA will evaluate the economic impact of the final rule, included among those title II provisions that are likely to result in a4pificaat economic impact -are the requirements for euxiliary aids, barrier removal in existing facilities. and readily accessible new construction and alterations. Ars analysis of these costs will be included in the RLR, The Preliminary RIA prepared for the notice of proposed rulemaking contained all of the available Imfirrmation that would have been iaclnded In a preliminary regulatory flexibility analysis, had one been prepared under the Regulatory Flexibility Ac% concerning the rule's impact on small entities. The final RIA will contain all of the information that Is required in a final regulatory flexibility analysis and will serve as such an analysis. Moreover. the extensive notice and comment procedure followed by the Department in the -promulgation of this rule, which included public hearings, dissemination of materials, and provision of speakers to affected groups, clearly provided any interested small entities with the notice and opportunity for comment provided for under the Regulatory Flexibility Act procedure& The Department is preparing a statement of the federalism Impact of the rule under Executive Order 12822 and will provide copies of this statement on request. The reporting and recordkeeping requirements described in the rule are considered to be Information collection requirements as that term is defined by the Office of Management and Budget in 5 CFR part 2320. Accordingly, those Information collection requirements have been submitted to OMB for review pursuant to the Paperwork Reduction Act. 35696 Federal Register / Vol. 56, No. 144 / Friday, July 26, 1991 / Rules and Section -by -Section Analysis Subpart A --General Section 35.101 Purpose Section 35.101 states the purpose of the rule, which is to effectuate subtitle A of title II of the Americans with Disabilities Act of 1990 (the Act), which prohibits discrimination on the basis of disability by public entities. This part does not, however, apply to matters within the scope of the authority of the Secretary of Transportation under subtitle B of title II of the Act. Section 35.102 Application This provision specifies that, except as provided in paragraph (b), the regulation applies to all services, programs, and activities provided or made available by public entities, as that term is defined in 135.104. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination on the basis of handicap in federally assisted programs and activities, already covers those programs and activities of public entities that receive Federal financial assistance. Title II of the ADA extends this prohibition of discrimination to Include all services, programs, and activities provided or made available by State and local governments or any of their instrumentalities or agencies, regardless of the receipt of Federal financial assistance. Except as provided fn 135.134. this part does not apply to private entities. The scope of title II'e coverage of public entities is comparable to the coverage of Federal Executive agencies under the 1978 amendment to section 504, which extended section 504's application to all programs and activities "conducted by" Federal Executive agencies, in that title II applies to anything a public entity does. Title II coverage, however, is not limited to "Executive" agencies, but includes activities of the legislative and judicial branches of State and local governments. All governmental acti-1ties of public entities are covered, even if they are carried out by contractors. For example, a State is obligated by title II to ensure that the services, programs, and activities of a State park inn operated under contract by a private entity are in compliance with title We requirements. The private entity operating the inn would also be subject to the obligations of public accommodations under title m of the Act and the Department's title III regulations at 28 CFR part 38. Aside from employment, which is also covered by title I of the Act. there are two major categories of programs or activities covered by this regulation: those involving general public contact as part of ongoing operations of the entity and those directly administered by the entities for program beneficiaries and participants. Activities in the first category include communication with the public (telephone contacts, office walk-ins, or interviews) and the public's use of the entity's facilities. Activities in the second category include programs that provide State or local government services or benefits. Paragraph (b) of 135.102 explains that to the extent that the public transportation services, programs, and activities of public entities are covered by subtitle B of title II of the Act, they are subject to the regulation of the Department of Transportation (DOT) at 49 CFR part 37, and are not covered by this part. The Department of Transportation's ADA regulation establishes specific requirements for construction of transportation facilities and acquisition of vehicles. Matters not covered by subtitle B, such as the provision of auxiliary aids, are covered by this rule. For example, activities that are covered by the Department of Transportation's regulation Implementing subtitle B are not required to be included in the self-evaluation required by 135.105. In addition. activities not specifically addressed by DOTe ADA regulation may be covered by DOTS regulation implementing section 504 for its federally assisted programs and activities at 49 CFR pari 27. Like other programs of public entities that are also recipients of Federal financial assistance, those programs would be covered by both the section 504 regulation and this part. Although airports operated by public entities are not subject to DOTS ADA regulation, they are subject to subpart A of title II and to this rule. Some commenters asked for clarification about the responsibilities of public school systems under section 504 and the ADA with respect to programs, services, and activities that are not covered by the Individuals with Disabilities Education Act (IDEA), including, for example, programs open to parents or to the public, graduation ceremonies. parent -teacher organization meetings, plays and other events open to the public, and adult education classes. Public school systems must comply with the ADA in all of their services, programs, or activities, including those that are open to parents or to the public. For instance. public school systems must provide program accessibility to parents and guardians with disabilities to these programs, activities, or services. and appropriate auxiliary aids and services whenever necessary to ensure effective communication, as long as the provision of the auxiliary aids results neither in an undue burden or in a fundamental alteration of the program. Section 35.103 Relationship to Other Lows Section 35.103 is derived from sections 501(a) and (b) of the ADA. Paragraph (a) of this section provides that. except as otherwise specifically provided by this part, title II of the ADA is not intended to apply lesser standards than are required under title V of the Rehabilitation Act of 1973, as amended (29 U.S.C. 790-94), or the regulations implementing that title. The standards of title V of the Rehabilitation Act apply for purposes of the ADA to the extent that the ADA has not explicitly adopted a different standard than title V. Because title II of the ADA essentially extends the antidiscrimination prohibition embodied in section 504 to all actions of State and local governments, the standards adopted in this part are generally the same as those required under section 504 for federally assisted programs. Title II, however. also incorporates those pro-dsions of titles I and III of the ADA that are not inconsistent with the regulations implementing section 504. Judiciary Committee report. H.R. Rep. No. 485. 101st Cong., 2d Sees.. pt. 3, at 51 (1990) (hereinafter "Judiciary report': Education and Labor Committee report. H.R. Rep. No. 485, 101st Cong, 2d Sess., pt. 2, at 84 (1990) (hereinafter "Education and Labor report'. Therefom this part also includes appropriate provisions derived from the regulations Implementing those titles. The inclusion of specific language in this part. however, should not be interpreted as an indication that a requirement is not included under a regulation Implementing section 504. Paragraph (b) makes clear that Congress did not intend to displace any of the rights or remedies provided by other Federal laws (including section 504) or other State laws (including State common law) that provide greater or equal protection to Individuals with disabilities. As discussed above, the standards adopted by title II of the ADA for State and local govemment services are generally the same as those required under section 504 for federally assisted Programs and activities. Subpart F of the regulation establishes compliance procedures for processing complaints covered by both this part and section 504. Federal Register / Vol. 56, No. 144 / Friday, July With respect to State law, a plaintiff may choose to pursue claims under a State law that does not confer greater substantive rights, or even confers fewer substantive rights, if the alleged violation is protected under the alternative law and the remedies are greater. For example, a person with a physical disability could seek damages under a State law that allows compensatory and punitive damages for discrimination on the basis of physical disability, but not on the basis of mental disability. In that situation, the State law.would provide narrower coverage, by excluding mental disabilities, but broader remedies, and an individual covered by both laws could choose to bring an action under both laws. Moreover, State tort claims confer greater remedies and are not preempted by the ADA. A plaintiff may join a State tort claim to a case brought under the ADA. In such a case, the plaintiff must, of course, prove all the elements of the State tort claim to order to prevail under that cause of action. Section 35.101 Definitions "Act." The word "Act" is used in this part to refer to the Americans with Disabilities Act of 1990, Public Law 101- 336, which Is also referred to as the ADA." "Assistant Attorney General." The term "Assistant Attorney General" refers to the Assistant Attorney General of the Civil Rights Division of the Department of justice. "Auxiliary aids and services." Auxiliary aids and services include a wide range of services and devices for ensuring effective communication. The proposed definition in 135.104 provided a list of examples of auxiliary aids and services that were taken from the definition of auxiliary aids and services in section 3(i) of the ADA and were supplemented by examples from regulations implementing section 504 in federally conducted programs (see 28 CFR 39.103). A substantial number of commenters suggested that additional examples be added to. this list. The Department has added several items to this list but wishes to clarify that the list is not an all-inclusive or exhaustive catalogue of possible or available auxiliary aids or services. It is not possible to provide an exhaustive list and an attempt to do so would omit the new devices that will become available -with emerging technology. Subparagraph (1) lists several examples, which would be considered auxiliary aids and services to make aurally delivered materials available to individuals with hearing impairments. 26, 1991 / Rules and The Department has changed the phrase used in the proposed rules, "orally delivered materials." to the statutory phrase, "aurally delivered materials," to track section 3 of the ADA and to include non-verbal sounds and alarms, and computer generated speech. The Department has added videotext displays, transcription services, and closed and open captioning to the list of examples. Videotext displays have become an Important means of accessing auditory communications through a public address system. Transwption services are used to relay aurally delivered material almost simultaneously in written form to persons who are deaf or hearing- impaired. This technology is often used at conferences, conventions, and hearings. While the proposed rule expressly included television decoder equipment as an auxiliary aid or service, it did not mention captioning itself. The final rule rectifies this omission by mentioning both closed and open captioning. Several persons and organizations requested that the Department replace the term "telecommunications devices for deaf persons" or'"TDD's" with the term "text telephone" The Department has declined to do so. The Department is aware that the Architectural and Transportation Barriers Compliance Board (ATBCB) has used the phrase "text telephone" in lieu of the statutory term '"TDD" in its final accessibility guidelines. Title IV of the ADA. however, uses the term "relecommunications Device for the Deaf' and the Department believes it would be inappropriate to abandon this statutory term at this time. Several commenters urged the Department to include in the definition of "auxiliary aids and services" devices that are now available or that may become available with emerging technology. The Department declines to do so in the rule. The Department, however, emphasizes that, although the definition would include "state of the art" devices, public entities are not required to use the newest or most advanced technologies as long as the auxiliary aid or service that Is selected affords effective communication. Subparagraph (2) lists examples of aids and services for making visually delivered materials accessible to persons with visual impairments. Many commenters proposed additional examples, such as signage or mapping, audio description services` secondary auditory programs, telebraillers, and reading machines. While the Department declines to add these items to the list, they are auxiliary aids and 35697 rvices and may be appropriate depending on the circumstances. Subparagraph (3) refers to acquisition or modification of equipment or devices. Several commenters suggested the addition of current technological Innovations to microelectronics and computerized control systems (e.g.. voice recognition systems, automatic dialing telephones, and infrared elevator and light control systems) to the list of auxiliary aids. The Department interprets auxiliary aids and services as those aids and services designed to provide effective communicatinns, i.e., making aurally and visually delivered Information available to persons with hearing, speech. and vision impairments. Methods of making services, programs, or activities accessible to, or usable by, individuals with mobility or manual dexterity impairments are addressed by other sections of this part, including the prot-ision for modifications in policies, practices, or procedures (f 35.130 (b)(7)). Paragraph (b)(4) deals with other similar services and actions. Several commenters asked for clarification that "similar services and actions" include retrieving items from shelves. assistance in reaching a marginally accessible seat, pushing a barrier aside in order to provide an accessible route, or assistance in removing a sweater or coat. While retrieving an item from a shelf might be an "auxiliary aid or service" for a blind person who could not locate the item without assistance, it might be a method of providing program access for a person using a wheelchair who could not reach the shelf, or a reasonable modification to a self-service policy for an individual who lacked the ability to grasp the item. As explained above, auxiliary aids and services are those aide and services required to provide effective communications. Other forms of assistance are more appropriately addressed by other provisions of the final rule. "Complete complaint." "Complete, complaint" is defined to include all the information necessary to enable the Federal agency designated under subpart G as responsible for Investigation of A complaint to initiate its investigation. "Current illegal use of drugs." The phrase "current illegal use of drugs" is used in li 35.131. Its meaning is discussed in the preamble for that section. "Designated agency." The term "designated agency" is used to refer to. the Federal agency designated under subpart G of this rule as responsible for carrying out the administrative 35698 Federal Register / Vol 56 No. 144 / Friday, July 26. 1991 I_Xules and Regulations enforcement responsibilities estab'i._..ed by subpart F of the rule. "Disability." The definition of the term "disability" is the same as the definition In the title III regulation codified at 28 CFR part 36. It is comparable to the definition of the term "individual with handicaps" in section 7(8) of the Rehabilitation Act and section 802(h) of the Fair Housing Act. The Education and Labor Committee report makes clear that the analysis of the term "individual with handicaps' by the Department of Health. Education, and Welfare (HEW) in its regulations implementing section 504 (42 FR 22685 (May 4,1977)) and the analysis by the Department of Housing and Urban Development in its regulation implementing the Fair Housing Amendments Act of 1988 (54 FR 3232 (Jan. 23,1989)) should also apply fully to the term "disability' (Education and Labor report at 50). The use of the term "disability" instead of "handicap" and the term "individual with a disability" instead of "individual with handicaps" represents an effort by Congress to make use of up- to-date, currently accepted terminology. As with racial and ethnic epithets, the choice of terms to apply to a person with a disability is overlaid with stereotypes, patronizing attitudes, and other emotional connotations. Many individuals with disabilities, and organizations representing such individuals, object to the use of such terms as "handicapped person' or "the handicapped." 1n other recent legislation. Congress also recognized this shift to terminology, e.g., by changing the name of the National Council on the Handicapped to the National Council on Disability (Pub. L. 100 M). In enacting the Americans with Disabilities Act, Congress concluded that it was important for the current legislation to use terminology most in line with the sensibilities of most . Americans with disabilities. No change in definition or substance is intended nor should one be attributed to this change in phraseology. The term "disability" means, with respect to an individual- (A) A physical or mental impairment that substantially limits one or more of the major life activities of such individual; (B) A record of such an impairment; or (C) Being regarded as having such an impairment. If an individual meets any one of these three tests, he or she is considered to be an individual with a disability for purposes of coverage under the Americans with Disabilities Act. Congress adopted this same basic definition of "disability," first used in the Rehabilitation Act of 1973 and in the Fair Housing Amendments Act of 198& for a number of reasons. First, it has worked well since it was adopted in 1974. Second. it would not be possible to guarantee comprehensiveness by providing a list of specific disabilities, especially because new disorders may be recognized in the future, as they have since the definition was fust established in 1974. Test A—A physical or mental impairment that substantially limits one or more of the major life activities of such individual Physical or mental impairment. Under the first test, an individual must have a physical or mental impairment. As explained in paragraph (1)(i) of the definition. "impairment' means any physiological disorder or condition. cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological.• musculoskeletal; special sense organs (which would include speech organs that are not respiratory such as vocal cords, soft palate, tongue, etc.); respiratory, including speech organs; cardiovascular, reproductive; digestive; genitourinary; hemic and lymphatic skin; and endocrine. It also means any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. This list closelk tracks the one used in the regulations for section 504 of the Rehabilitation Act of 1973 (see, e.g.. 45 CFR 84.3(i)t2)(% Many commenters asked that "traumatic brain injury" be added to the list in paragraph (1)(i). Traumatic brain injury is already included because it is a physiological condition affecting one of the listed body systems, i.e., "neurological." Therefore, it was unnecessary to add the term to the regulation. which only provides representative examples of physiological disorders, It Is not possible to include a list of all the specific conditions, contagious and noncontagious diseases, or infections that would constitute physical or mental impairments because of the difficulty of ensuring the comprehensiveness of such a list, particularly in light of the fact that other conditions or disorders may be identified in the future. However, the list of examples in paragraph (i)(ii) of the definition includes: orthopedic, visual, speech and hearing impairments, cerebral palsy.-epilepey..muscular dystrophy, multiple sclerosis, cancer. heart disease, diabetes, mental retardation, emotional illness, specific learning disabilities, HIV disease (symptomatic or asymptomatic), tuberculosis, drug addiction, and alcoholism. The phrase "symptomptic or asymptomatic" was inserted in the final rule after "HIV disease" in response to commenters who suggested the clarification was necessary. The examples of "physical or mental impairments" in paragraph (1)(ii) are the same as those contained in many section 504 regulations, except for the addition of the phrase "contagious and noncontagious" to describe the types of diseases and conditions included, and the addition of "HIV disease (symptomatic or asymptomatic)" and "tuberculosis" to the list of examples. These additions are based on the committee reports, caselaw, and official legal opinions interpreting section 504. In School Board of Nassau County v. Arline. 480 U.S. 273 (1987). a case involving an individual with tuberculosis, the Supreme Court held that people with contagious diseases are entitled to the protections afforded by section 504. Following the Arline decision, this Department's Office of Legal Counsel issued a Iegal opinion that concluded that symptomatic HIV disease is an impairment that substantially limits a major life activity; 'therefore it has been included in the definition of disability under this part. The opinion also concluded that asymptomatic HIV disease is an impairment that substantially limits a major life activity. either because of its actual effect on the individual with HIV disease or because the reactions of other people to individuals with HIV disease cause such individuals to be treated as though they are disabled. See Memorandum from Douglas W. Kmiec. Acting Assistant Attorney General, Office of legal Counsel. Department of justice, to Arthur B. Culvahouse. Jr.. Counsel to the President (Sept. 27.1986). reprinted in Hearings on S. 933. the Americans with Disabilities Act. Before the Subcomm. on the Handicapped of the Senate Comm. on Labor and Human Resources. 1019L Cong, Ist Sess. 346 (1988). Paragraph (1)(iii) states that the phrase "physical or mental impairment' does not include homosexuality or bisexuality. These conditions were never considered impairments under other Federal disability laws. Section 511(a) of the statute makes clear that they are likewise not to be considered impairments under the Americans with Disabilities Act Physical or mental impairment does not include simple physical Federal Register , characteristics, such as blue eyes or black hair. Nor does it include environmental, cultural, economic, or other disadvantages, such as having a Prison record. or being poor. Nor is age a disability. Similarly, the definition does not include common personality traits such as poor judgment or a quick temper where these are not symptoms of a mental or, psychological disorder. However, a person who has these characteristics and also has a physical or mental impairment may be considered as having a disability for purposes of the Americans with Disabilities Act based on the impairment. Substantial Limitation of a Major Life Activity. Under Test A. the impairment must be one that "substantially limits a major life activity." Major life activities Include such things as caring for one's self, performing martual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. For example, a person who Is paraplegic is substantially limited in the major life activity of wailing, a person who is blind is substantially limited in the major life activity of seeing, and a person who is mentally retarded is substantially limited to the major life activity of learning. A persgn with traumatic brain injury is substantially limited in the major life activities of caring for one's self, learning, and working'because of memorydeficit, confusion, contextual difficulties, and Inability to reason Appropriately: A person is considered an Individual with a disability for purposes of Test A. the first prong of the definition, when the individual's important life activities are restricted as to the conditions, manner, or duration under which they can be performed in comparison to most people. A person with a minor, trivial Impairment such as a simple infected finger, is not impaired in a major life activity. A person who can walk for 10 miles continuously is not substantially limited in walking merely because; on the eleventh mile, he or she begins to experience pain, because most -people would not be able to walk eleven miles without experiencing some discomfort The Department received many comments on the proposed rule's Inclusion of the word "temporary" in the definition of "disability." The preamble Indicated that Impairments are not necessarily excluded from the definition of "disability" simply because they are temporary, but that the duration; or expected duration. of an impairment is one factor that may properly be considered in determining whether the Impairment substantially limits a major life activity. The preamble -ecognized. . 56, No. 144 / Friday, July 26, 1991 / Rules and however, that temporary impairments, such as a broken leg, are not commonly regarded as disabilities, and only in rare circumstances would the degree of the limitation and its expected duration be substantial. Nevertheless, many commenters objected to inclusion of the word "temporary" both because it is not in the statute and because it is not contained in the definition of "disability" set forth in the title I. regulations of the Equal Employment Opportunity Commission (EEOC). The word "temporary" has been deleted from the final rule to conform with the statutory language. The question of whether a temporary impairment is a disability must be resolved on a case-by-case basis, taking Into consideration both the duration (or expecte8 duration) of the impairment and the extent to which it actually limits a major life activity of the affected individual. The question of whether a person has a disability should be assessed without regard to the availability of mitigating measures, such as reasonable modification or auxiliary aids and services. For example, a person with hearing loss is substantially limited to the major life activity of hearing, even though the loss maybe improved through the use of a hearing aid. Likewise, persons with impairments. such as epilepsy or diabetm that substantially limit,a major We activity. are covered under'the flrsi prong of the definition of disability, even if the effects of the impairment are controlled by medication. Many commenters asked that environmental illness (also known as multiple chemical sensitivity) as well as allergy to cigarette smoke be recognized as disabilities. The Department,. however, declines to state categorically that these types of allergies or sensitivities are disabilities, because the determination as to whether an impairment is a disability depends on whether. -given the particular circumstances at issue, the Impairment substantially limits -one or more major life activities for has a history of, or is regarded as having such an effect Sometimes respiratory or neurological functioning is'so severely affected that an Individual will satisfy the requirements *to be considered disabled under the regulation. Such an individual would be entitled to all of the protections afforded by the Act and this part. In other cases, individuals may be sensitive to environmental elements or to smoke but their sensitivity ,will not rise to the level needed to constitute disability. For example. their major life activity of breathing may be somewhat, 85699 out not substantially, impaired. In such circumstances, the individuals are not disabled and are not entitled to the protections of the statute despite their sensitivity to environmental agents. In sum, the determination as to whether allergies to cigarette smoke, or allergies or sensitivities characterized by the commenters as environmental illness are disabilities covered by the regulation must be made using the same case-by-case analysis that is applied to all other physical or mental impairments. Moreover, the addition of specific regulatory provisions relating, to environmental illness In the final rule would be Inappropriate at this time pending future consideration of the issue by the Architectural and Transportation Barriers Compliance Board, the Environmental Protection Agency, and the Occupational Safety and Health Administration of the Department"of Labor. Test B—A record'of such an impairment This test is intended to cover those who have a record of an impairment. As explained in paragraph (3) of the rule's definition of disability; this includes a person who has a history of an impairment that substantially limited a major life activity, such as someone who has recovered from an Impairment. It also includes persons who have been misclassified as having an Impairment. This provision is included In the definition in part to protect individuals who have recovered from a physical or mental impairment that previously substantially limited them in a major life activity. Discrimination on the basis of such a past impairment is` prohibited: Frequently occurring examples of -the first group (those who have a history of an impairment) are persons with histories of mental or emotional illness, heart disease, or cancer, examples of the second group (those who have been misclassified as having an impairment) are persdns-who have been misclassified as having mental retardation oi mental illftes& Test C --Being regarded at having such an impairment This test, as contained in paragraph (4) of the definition. is intended to.cover persons who arelreatedby a public entity as having a physical or mental impairment that substantially limits a major life activity. It applies when a ' person is treated as if he or she has an impairment that substantially limits a major life activity, regardlesq ofNvhether that peraop Toes an impairment The Ainericans with -Disabilities Act uses the same "regarded as" test set 35700 Federal Register / Vol. 5b, No. 144 / Friday, July 26, 1991 / Rules and Regulations forth in the regulations implementin section 504 of the Rehabilitation Act.-- See, ct:- See, e.g., 28 CFR 42.540(k)(2)(iv), which provides: (iv) "L regarded as having an impairment" means (A) Has a physical or mental impairment that does not substantially limit major life activities but that is treated by a recipient as constituting such a limitation: (B) Has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment; or (C) Has none of the impairments defined in paragraph (k)(2)(i) of this section but is treated by a recipient as having such an impairment. The perception of the covered entity is a key element of this test. A person who perceives himself or herself to have an impairment. but does not have an impairment, and is not treated as if he or she has an impairment, is not protected under this test. A person would be covered under this test if a public entity refused to serve the person because it perceived that the person had an impairment that limited his or her enjoyment of the goods or services being offered. For example, persons with severe burns often encounter discrimination in community activities, resulting in substantia) limitation of major life activities. These persons would be covered under this test based on the attitudes of others towards the impairment even if they did not view themselves as "impaired." The rationale for this third test, as used in the Rehabilitation Act of 1973, was articulated by the Supreme Court in Arline, 480 U.S. 273 (1987). The Court noted that although an individual may have an impairment that does not in fact substantially limit a major life activity, the reaction of others may prove just as disabling. "Such an impairment might not diminish a person's physical or mental capabilities, but could nevertheless substantially limit that person's ability to work as a result of the negative reactions of others to the impairment." !d at 283. The Court concluded that, by including this test in the Rehabilitation Act's definition. "Congress acknowledged that society's accumulated myths and fears about disability and diseases are as handicapping as are the physical limitations that flow from actual impairment." id. at 284. Thus. a person who is denied services or benefits by .a public entity because of myths, fears, and stereotypes associated with disabilities would be covered under this third test whether or not the person's physical or mental condition would be considered a disability under the first or second test in the definition. If a person is refused admittance on the basis of an actual or perceived physical or mental condition, and the public entity can articulate no legitimate reason for the refusal (such as failure to meet eligibility criteria), a perceived concern about admitting persons with disabilities could be inferred and the individual would qualify for coverage under the "regarded as" test. A person who is covered because of being regarded as having an impairment is not required to show that the public entity's perception is inaccurate (e.g., that he will be accepted by others) in order to receive benefits from the public entity. Paragraph (5) of the definition lists certain conditions that are not included within the definition of "disability." The excluded conditions are: Transvestism. transsexualism, pedophilia, exhibitionism. voyeurism, gender identity disorders not resulting from physical impairments, other sexual behavior disorders, compulsive gambling, kleptomania, pyromania, and psychoactive substance use disorders resulting from current illegal use of drugs. Unlike homosexuality and bisexuality, which are not considered impairments under either section 504 or the Americans with Disabilities Act (see the definition of "disability." paragraph (1)(iv)), the conditions listed in paragraph (5), except for transvestism. are not necessarily excluded as impairments under section 5o4. (Transvestism was excluded from the definition of disability for section 504 by the Fair Housing Amendments Act of 1988, Pub. 4100- 130, section 8(b)). "Drug." The definition of the term "drug" is taken from section 510(d)(2) of the ADA. "Facility." "Facility" means all or any portion of buildings, structures, sites, complexes, equipment, rolling stock or other conveyances, roads, walks, passageways, parking lots, or other real or personal property, including the site where the building, property. structure, or equipment is located. It includes both indoor and outdoor areas where human - constructed improvements, structures, equipment. or property have been added to the natural environment. Commenters raised questions about the applicability of this part to activities operated in mobile facilities. such as bookmobiles or mobile health screening units. Such activities would be covered by the requirement for program accessibility in 135.150, and would be included in the definition of "facility" as ..other real or persona) property," although standards for new construction and alterations of such facilities are not yet included in the accessibility standards adopted by 135.151. Sections .s.no and 35.151 specifically address the obligations of public entities to ensure accessibility by providing curb ramps at pedestrian walkways. "Historic preservation programs" and "Historic properties" are defined in order to aid in the interpretation of IJ 35.150 (a)(2) and (b)(2), which relate to accessibility of historic preservation programs, and 4 35.151(d), which relates to the alteration of historic properties. "Illegal use of drugs." The definition of "illegal use of drugs" is taken from section 510(d)(1) of the Act and clarifies that the term includes the illegal use of one or more drugs. "Individual with a disability" means a person who has a disability but does not include an individual who is currently illegally using drugs, when the public entity acts on the basis of such use. The phrase "current illegal use of drugs" is explained in 135.131. "Public entity." The term "public entity" is defined in accordance with section 201(1) of the ADA as any State or local government; any department. agency, special purpose district, or other instrumentality of a State or States or local government; or the National Railroad Passenger Corporation, and any commuter authority (as defined In section 103(8) of the Rail Passenger Service Act). "Qualified individual with a disability." The definition of "qualified individual with a disability" Is taken from section 201(2) of the Act, which is - derived from the definition of "qualified handicapped person" in the Department of Health and Human Services' regulation implementing section 504 (45 CFR 4 84.3(k)). It combines the definition at 45 CFR 84.3(k)(1) for employment ("a handicapped person who, with reasonable accommodation, can perform the essential functions of the job in question") with the definition for other services at 45 CFR 84.3(k)(4) ("a handicapped person who meets the essential eligibility requirements for the receipt of such services" j Some commenters requested clarification of the term"essential eligibility requirements." Because of the variety of situations in which an individual's qualifications will be at issue, it is not possible to include more specific criteria in the definition. The "essential eligibility requirements" for participation in some activities covered under this part may be minimal. For example, most public entities provide information about their operations as a public service to anyone who requests it. In such situations. the only "eligibility requirement" for receipt of such Information would be the request for it. Fvde:al Realdgec/A--VOL 56, No. 144 / Friday, July 2C 1991 / Rules and Regulations 35M Where such information is provided by telepbosre, even the ability to an a vole telephone is not an "essential ehgibifity requirement" because S 35.161 requires s public entity to provide equally effective telecommunication systema for individuals with impaired hearing or speeck For other activities, identification of the "essential eligibility requirements" may be more complex. Where questions of safety are involved. the principles established in 136.208 of the Department's regulation implementing title III of the ADA, to be codified at 28 CFR, part 36, will be applicable. That section implements section 302(bns) of the Act, which provides that a' public accommodation is not required to permit an individual to participate in or benefit from the goods, services, facilities. privileges, advantages and accommodations of the public accommodation, if that Individual poses a direct threat to the health or safety of others. A "direct threat" Is a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices, or procedures, or by the provision of auxiliary aids or services. In School Board of Naswu County v. Arline, 480 U.S. 273 (1967)4 the Supreme Court recognized that there is a need to balance the interests of people with disabilities against legitimate concerns for public safety. Although persons with disabilities are generally entitled to the protection of this part, a person who poses a significant risk to others will not be "qualified." If reasonable modifications to the public entity's policies, practices, or procedures will not eliminate that risk. The determination that a person poses a direct threat to the health or safety of others may not be based on generalizations or stereotypes about the effects of a particular disability. It must be based on an individualized assessment, based on reasonable Judgment that relies on current medical evidence or on the best available objective evidence, to determine: the nature, duration, and severity of the risk; the probability that the potential injury will actually occur, and whether reasonable modifications of policies, practices, or procedures will mitigate the risk. This is the test established by the Supreme Court to Arline. Such an inquiry is essential if the law is to achieve its goal of protecting disabled Individuals from discrimination based on prejudice, stereotypes, or unfounded feat, while giving appropriate weight to legitimate concerns, such as the need to avoid exposing others to significant health and safety risks. klaking this assessment will not usually require the services of a physician. Sources for medical knowledge include guidance from public bealtb authorities. such as the U.S. Public Health. Service; the Centers for Disease Control, and the National Institutes of Health. including the National Institute of Mental Heafth. "Qualified Interpreter." The Department received substantial comment regarding the tack of a defidtion of "qualified interpreter." The proposed rule defined auxiliary aids and services to include the statutory term. dqualified Interpreters (13.5104). but id not define it. Section 35.1130 requires the use of auxiliary aids including qualified Interpreters and commenters stated that a lack of guidance on what the term means would create confusion among those trying to secure interpreting services and often result in less than effective communication. Many commenters were concerned that. without clear guidance on the issue of "qualified" interpreter, the rule would be interpreted to mean "available. rather than qualified" interpreters. Some claimed that few public entities would understand the difference between a qualified interpreter and a person who simply knows a few signs or how to fingerspell. In order to clarify what is meant by "qualified interpreter" the Department has added a definition of the term to the final rule. A qualified interpreter means an interpreter who is able to interpret effectively, accurately, and impartially both receptively and expressively. using any necessary specialized vocabulary. This definition focuses on the actual ability of the Interpreter In a particular interpreting context to facilitate effective communication between the public entity and the individual with disabilities. Public comment also revealed that public entities have at times asked persons who are deaf to provide family members or friends to interpret. In certain circumstances, notwithstanding that the family member of friend is able to Interpret at is a certified interpreter, the family member or friend may not be qualified to render the necessary interpretation because of factors such as emotional or personal involvement or considerations of confidentiality that may adversely affect the ability to interpret"effectively, accurately, and impartially." The definition of "qualified interpreter" in this rule does not invalidate or limit standards for interpreting services of any State or local law that are equal to or more stringent than those imposed by " definitiom For Instance, the definition would not supersede airy regairemeQt of State hw for use of a certdkd interpreter In cowl proceedings. "Section 501." The Department added a definftion of "section 504" because the term is used extensively In subpart F of this part. "State." The definition of "State" Is Identical to the statutory definition Ir section 3(3) of the ADA. Secdon 95JO5 _ Self-evakwam Section 35105 establishes a requirement. based on the section 504 regulations for federally assisted and federally conducted programs, that a public entity evaluate its current policies and practices to identify and correct any that are not consistent with the requirements of this part. As noted in the discussion of 1 35.101 activities covered by the Department of Transportation's regulation implementing subtitle B of title 11 are not required to be included In the self- evaluation reguhed by this section. Experience has demonstrated the self- evaluation process to be a valuable means of establishing a working relationship with individuals with disabilities. which has pramated both effective mad effident implementation of section 504. The Department expects that it will likewise be useful to public entities newly covered by the ADA. Ali public entities are required to do a self-evaluation. However. only those that employ 50 or more persons are required to maintain the sell -evaluation on file and make it available for public inspection for three years. The number So was derived from the Department of Justice's section 504 regulations for federally assisted program& 29 CFR 42.505(c). The Department received comments critical of this limitation. some suggesting the requirement apply to all public entities and others suggesting that the number be changed from 5o to m The final rale has not been changed. Although many regulations implementing section SH for federally assisted programs do an 15 employees as the cut-off for this record-keeping requirement. the Department believes that it would be inappropriate to extend it to those smaller public entities covered by this regulation that do not receive Federal financial assistance Ilia approach has the benefit of minimizing paperwork biadene on mail entities. Paragraph (d) provides that the self- evaluation required by this section shalt apply only to programs not subjed to section 504 or those policies and 35702 Federal Register -/ Vol. 56, No. 144 / Friday, July 26, 199V -,,Rules and Regulations practices, such as those involving communications access, that have not already been included in a self- evaluation required under an existing regulation implementing section 504. Because most self -evaluations were done from five to twelve years ago, however, the Department expects that a great many public entities willbe reexamining all of their policies and programs. Programs and functions may have changed, and actions that were supposed to have been taken to comply with section 504 may not have been fully implemented or may no longer be effective. In addition, there have been statutory amendments to section 504 which have changed the coverage of section 504, particularly the Civil Rights Restoration Act of 1987, Public Law No. IOD -259,102 Stat. 28 (1988), which broadened the definition of a covered "program or activity." Several commenters suggested that the Department clarify public entities' liability during the one-year period for compliance with the self-evaluation requirement. The self-evaluation requirement does not stay the effective date of the statute nor of this part. Public entities are, therefore, not shielded from discrimination claims during that time. Other commenters suggested that the rule require that every self-evaluation include an examination of training efforts to assure that individuals with disabilities are not subjected to discrimination because of insensitivity, particularly in the law enforcement area. Although the Department has not added such a specific requirement to the rule, it would be appropriate for public entities to evaluate training efforts because, in many cases, lack of training leads to discriminatory practices, even when the policies in place are nondiscriminatory. Section 35.106 Notice Section 35.108 requires a public entity to disseminate sufficient informatiorkto applicants, participants, beneficiaries; and other interested persons to inform them of the rights and protections afforded by the ADA and this regulation. Methods of providing this Information Include, for example, the publication of information in handbooks, manuals, and pamphlets that are distributed to the public to describe a public entity's programs and activities; the display of informative posters in service centers and other public places; or the broadcast of information by television or radio. In providing the notice, a public entity must comply with the requirements for effective communication in 135.160. The preamble to that section gives guidance on how to effectively communicate with individuals with disabilities. Section 35.107 Designation of Responsible Employee and Adoption of Grievance Procedures Consistent with 135.105, self- evaluation, the final rule requires that public entities with 50 or more employees designate a responsible employee and adopt grievance procedures. Most of the commenters who suggested that the requirement that self-evaluation be maintained on file for three years not be limited to those employing 50 or more persons made a similar suggestion concerning 135.107. Commenters recommended either that all public entities be subject to 135.107, or that "50 or more persons" be changed to "15 or more persons." As explained in the discussion of 135.105, the Department has not adopted this suggestion. The requirement for designation of an employee responsible for coordination of efforts to carry out responsibilities under this part is derived from the HEW regulation implementing section 504 in federally assisted programs. The requirement for designation of a particular employee and dissemination of information about how to locate that employee helps to ensure that individuals dealing with large agencies are able to easily find a responsible person who is familiar with the requirements of the Act and this part and can communicate those requirements to other individuals in the agency who may be unaware of their responsibilities. This paragraph in no way limits a public entity's obligation to ensure that all of its employees comply with the requirements of this part, but It ensures that any failure by individual employees can be promptly corrected by the designated employee. Section 35.107(b) requires public entities with 50 or more employees to establish grievance procedures for resolving complaints of violations of this part. Similar requirements are found in the section 504 regulations for federally assisted programs (see, e.g., 45 -CFR 84.7(b)). The rule, like the regulations for federally assisted programs, provides for investigation and resolution of complaints by a Federal enforcement agency. It is the view of the Department that public entities subject to this part should be required to establish a mechanism for resolution of complaints at the local level without requiring the complainant to resort to the Federal complaint procedures established under subpart F. Complainants would not, however, be required to exhaust the public entity's grievance procedures before filing a complaint under subpart F. Delay in filing the complaint at the Federal level caused by pursuit of the remedies available under the grievance procedure would generally be considered good cause for extending the time allowed for filing under 4 35.170(b). Subpart B—General Requirements Section 35.130 General Prohibitions Against Discrimination The general prohibitions against discrimination in the rule are generally based on the prohibitions in existing regulations implementing section 504 and, therefore, are already familiar to State and local entities covered by section 504. In addition, 135-130 includes a number of provisions derived from title III of the Act that are implicit to a certain degree in the requirements of regulations implementing section 504. Several commenters suggested that this part should include the section of the proposed title III regulation that implemented section 3og of the Act, which requires that courses and examinations related to applications, licensing, certification, or credentialing be provided in an accessible place and manner or that alternative accessible arrangements be made. The Department has not adopted this suggestion. The requirements of this part, including the general prohibitions of discrimination in this section, the program access requirements of subpart D. and the. communications requirements of subpart E. apply to courses and examinations provided by public entities. The Department considers these requirements to be sufficient to ensure that courses and examinations administered by public entities meet the requirements of section 309. For example, a public entity offering an examination must ensure that modifications of policies, practices, or procedures or the provision of auxiliary aids and services furnish the individual with a disability an equal opportunity to demonstrate his or her knowledge or ability. Also, any examination specially designed for individuals with disabilities must be offered as often and in as timely a manner as are other examinations. Further, under this part. courses and examinations must be offered In the most integrated settingappropriate. The analysis of # 35.130(d) is relevant to this determination. A number of commenters asked that the regulation be amended to require training of law enforcement personnel to recognize the difference between criminal activity and the effects I - federal RegiatW_ 1Vot. 56, No. 144 /1 Friday, - July X IMJ, Rules and Regulations 35703 I se zures or other disabilities such as mental. retardation, cerebral palsy, traumatic brain injury, mental illness, or deafness.'Several disabled commenters gave personal statements about the abuse they had received at the hands of law enforcement personnel. Two organizations that commented cited the Judiciary report at 50 as authority to require law enforcement training. The Department has not added such a training requirement to the regulation. Discriminatory arrests and brutal treatment are already unlawful police activities. The general regulatory obligation to modify policies, practices, or procedures. requires law enforcement. to make changes in policies that result In discriminatory arrests or abuse of individuals with disabilities. Under this section law enforcement personnel would be required to make appropriate efforts to determine whether perceived strange or disruptive behavior or unconsciousness Is the result of a disability. The Department notes that a number of States have attempted to address the problem of arresting disabled persons for noncriminal conduct resulting from their disability through adoption of the Uniform Duties to Disabled Persons Act, and encourages other jurisdictions to consider that approach. Paragraph (a) restates the nondiscrimination mandate of section 202 of the ADA. The remaining paragraphs in 135.130 establish the general principles for analyzing whether any particular action of the public entity violates this mandate. Paragraph (b) prohibits overt denials of equal treatment of individuals with disabilities. A public entity may not refuse to provide an individual with a disability with an equal opportunity to participate in or benefit from its program simply because the person has a disability. Paragraph (b)(1)(i) provides that it is discriminatory to deny a person with a disability the right to participate in or benefit from the aid, benefit, or service provided by a public entity. Paragraph (b)(1)(ii) provides that the aids, benefits, and services provided to persons with disabilities must be equal to those provided to others, and paragraph (b)(1)(iii) requires that the aids, benefits, or services provided to individuals with disabilities must be as effective in affording equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement as those provided to others. These paragraphs are taken from the regulations implementing section 504 and simply restate principles long established under section 504. Paragraph (b)(1)(Iv) permits the public entity to develop separate or different aids, benefits, or services when necessary to provide Individuals with disabilities with an equal opportunity to participate in or benefit from the public entity's programs or activfties, but only when necessary to ensure that'the aids, benefits, or services are as effective. as those provided to others. Paragraph (b)(1)(iv) must be read in conjunction with paragraphs (b)(2), (d), and (e). Even when separate or different aids, benefits, or services would be more effective, paragraph (b)(2) provides that a ualified individual with a disability still has the right to choose to participate in the program that -is not designed to accommodate individuals with disabilities. Paragraph (d) requires that a public entity administer services, programs, and activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities. Paragraph (b)(2) specifies that, notwithstanding the existence of separate or different programs or activities provided in accordance with this section, an individual with a disability shaltnot be denied the opportunity to participate In such programs or activities that are not separate or different. Paragraph (e), which Is derived from section 501(d) of the Americans with Disabilities Act, states that nothing in this part shall be construed to require an Individual with a disability to accept an accommodation, aid, service, opportunity, or benefit that he or she chooses not to accept Taken together, these provisions are intended to prohibit exclusion and segregation of individuals with disabilities and the denial of equal opportunities enjoyed by others, based on, among other things, presumptions, patronizing attitudes, fears, and stereotypes about individuals with disabilities, Consistent with these standards, public entities are required to ensure that their actions are based on facts applicable to individuals and not on presumptions as to what a class of Individuals with disabilities can or cannot do. Integration Is fundamental to the purposes of the Americans with Disabilities Act Provision of segregated accommodations and services relegates persons with disabilities to second-class status. For example, it would be a violation of this provision to require persons with disabilities to eat in the back room of a government cafeteria or to refuse to allow a person with a disability the full use of recreation or exercise facilities because of stereotypes about the person's ability to participate. Many commenters objected to proposed paragraphs (bxl)(Iv) and (d) as allowing continued segregation of individuals with disabilities. The Department recognizes that promoting Integration of individuals with disabilities into the mainstream of society Is an important objective of the ADA and agrees that, in most instances, separate programs for individuals with disabilities will not be permitted. Nevertheless, section 504 does permit separate programs in limited circumstances, and Congress clearly intended the regulations issued under title If to adopt the standards of section 504. Furthermore, Congress included authority for separate programs in the specific requirements of title III of the Act. Section 302(b)(1)(A)(iii) of the Act provides for separate benefits in language similar to that In 135.130(b)(1)(iv), and section 302(b)(1)(B) includes the same requirement for "the most integrated setting appropriate" as in i 35.130(d). Even when separate programs are permitted, individuals with disabilities cannot be denied the opportunity to participate in programs that are not separate or different. This Is an Important and overarching principle of the Americans with Disabilities Act Separate, special, or different programs that are designed to provide a benefit to persons with disabilities cannot be used to restrict the participation of persons with disabilities in general, integrated activities. For example, a person who is blind may wish to decline participating in a special museum tour that allows persons to touch sculptures in an exhibit and instead tour the exhibit at his or her own pace with the museum's recorded tour. It is not the intent of this section to require the person who is blind to avail' himself or herself of the special tour. Modified participation for persons with disabilities must be a choice, not a requirement In addition, it would not be a violation of this section for a public entity to offer recreational programs specially designed for children with mobility impairments. However, it would be a violation of this section if the entity then excluded these children from other recreational services for which they are qualified to participate when these services are made available to nondisabled children, or if the entity required children with disabilities to attend only designated programs. Many commenters aaked that the Department clarify a public entity's 35704 Federal Register /mol. 56. No. 144 / Friday, July a 1991 !^ules obligations within the integrated program when it offers a separate program but an individual with a disability chooses not to participate in the separate program. it is impossible to make a blanket statement as to what level of auxiliary aids or modifications would be required in the integrated program. Rather, each situation must be assessed individually. The starting point is to question whether the separate program is in fact necessary or appropriate for the individual. Assuming the separate program would be appropriate for a particular individual. the extent to which that individual must be provided with modifications in the integrated program will depend not only on what the individual needs but also on the limitations and defenses of this part. For example. it may constitute an undue burden for a public accommodation. which provides a full-time interpreter in its special guided tour for individuals with hearing impairments, to hire an additional interpreter for those individuals who choose to attend the integrated program. The Department cannot identify categorically the level of assistance or aid required in the integrated program. Paragraph (b)(1)(v) provides that a public entity may not aid or perpetuate discrimination against a qualified individual with a disability by providing significant assistance to an agency. organization, or person that discriminates on the basis of disability in providing any aid, benefit, or service to beneficiaries of the public entity's program. This paragraph is taken from the regulations implementing section 504 for federally assisted programs. Paragraph (b)(1)(vi) prohibits the public entity from denying a qualified individual with a disability the opportunity to participate as a member of a planning or advisory board. Paragraph (b)(1)(vii) prohibits the public entity from limiting a qualified individual with a disability in the enjoyment of any right, privilege, advantage, or opportunity enjoyed by others receiving any aid, benefit, or sen kAL Paragraph (b)(3) prohibits the public entity from utilizing criteria or methods of administration that deny individuals with disabilities access to the public entity's services, programs, and activities or that perpetuate the discrimination of another public entity. if both public entities are.subject to common administrative control or are agencies of the same State. The phrase "criteria or methods of administration" refers to official written policies of the public entity and to the actual practices of the public entity.'1'his paragraph prohibits both blatantly exclusionary policies or practices and nonessential policies and practices that are neutral on their face, but deny individuals with disabilities an effective opportunity to participate. This standard is consistent with the interpretation of section 504 by the U.S. Supreme Court in Alexander v. Choate, 499 U.S. 287 (i985). The Court in Choate explained that members of Congress made numerous statements during passage of section 504 regarding eliminating architectural barriers, providing access to transportation, and eliminating discriminatory effects of job qualification procedures. The Court then noted: "These statements would ring hollow if the resulting legislation could not rectify the harms resulting from action that discriminated by effect as well as by design." Id. at 297 (footnote omitted). Paragraph (b)(4) specifically applies the prohibition enunciated in ii 35.130(b)(3) to the process of selecting sites for construction of new facilities or selecting existing facilities to be used by the public entity. Paragraph (b)(4) does not apply to construction of additional buildings at an existing site. Paragraph (b)(5) prohibits the public entity, in the selection of procurement contractors, from using criteria that subject qualified individuals with disabilities to discrimination on the basis of disability. Paragraph (b)(6) prohibits the public entity from discriminating against qualified individuals with disabilities on the basis of disability in the granting of licenses or certification. A person is a "qualified individual with a disability" with respect to licensing or certification if he or she can meet the essential eligibility requirements for receiving the license or certification (see § 35.104). A number of commenters were troubled by the phrase "essential eligibility requirements" as applied to State licensing requirements, especialty those for health care professions. Because of the variety of types of programs to which the definition of "qualified individual with a disability" applies, it is not possible to use more specific language in the definition. The phrase "essential eligibility requirements." however, is taken from the definitions in the regulations implementing section 504. so caselaw under section 504 will be applicable to its interpretation In Southeastern Community College v. Davis, 442 U.S. 397, for example, the Supreme Court held that section 504 does not require an institution to "lower or effect substantial modifications of standards to accommodate a handicapped person." 442 U.S. at 413, and that the school had and Regulations established that the plaintiff was not "qualified" because she was not able to "serve the nursing profession in all customary ways.,, id. Whether a particular requirement is "essential" will, of course, depend on the facts of the particular case. In addition. the public entity may not establish requirements for the programs or activities of licensees or certified entities that subject qualified individuals with disabilities to discrimination on the basis of disability. For example, the public entity must comply with this requirement when establishing safety standards for the operations of licensees. In that case the public entity must ensure that standards that it promulgates do not discriminate against the employment of qualified individuals with disabilities in an impermissible manner. Paragraph (b)(6) does not extend the requirements of the Act or this part directly to the programs or activities of licensees or certified entities themselves. The programs or activities of licensees or certified entities are not themselves programs or activities of the public entity merely by virtue of the license or certificate. Paragraph (b)(7) is a specific application of the requirement under the general prohibitions of discrimination that public entities make reasonable modifications in policies, practices, or procedures where necessary to avoid discrimination on the basis of disability. Section 302(b)(2)(A)(ii) of the ADA sets out this requirement specifically for public accommodations covered by title III of the Act, and the House judiciary Committee Report directs the Attorney General to include those specific requirements in the title II regulation to the extent that they do not conflict with the regulations implementing section 504. judiciary report at 52. Paragraph (b)(8), a new paragraph not contained in the proposed rule. prohibits the imposition or application of eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities from fully and equally enjoying any service, program. or activity, unless such criteria can be shown to be necessary for the provision of the service. program, or activity being offered. This prohibition is also a specific application of the general prohibitions of discrimination and is based on section 302(b)(2)(A)(i) of the ADA. It prohibits overt denials of equal treatment of individuals with disabilities, or establishment of exclusive or segregative criteria that would bar individuals with disabilities Federal Register /. 58, No. 144 / Friday, July 28, 1991 / Rules and Regulations $5705 r— from participation in services, benefits, or activities. Paragraph (b)(8) also prohibits policies that unnecessarily impose requirements or burdens on individuals with disabilities that are not placed on others. For example, public entities may not require that a qualified individual with a disability be accompanied by an attendant. A public entity is not, however, required to provide attendant care, or assistance in toileting, eating, or dressing to individuals with disabilities, except in special circumstances, such as where the individual is an inmate of a custodial or correctional institution. In addition, paragraph (b)(8) prohibits the imposition of criteria that "tend to" screen out an individual with a disability. This concept, which is derived from current regulations under section 504 (see, e.g., 45 CFR 84.13), makes it discriminatory to impose policies or criteria that, while not creating a direct bar to individuals with disabilities, indirectly prevent or limit their ability to participate. For example. requiring presentation of a driver's licensees the sole means of Identification for purposes of paying by check would violate this section in situations where, for example, individuals with severe vision impairments or developmental disabilities or epilepsy are ineligible to receive a driver's license and the use of an.alternative means of identification, such as -another photo I.D. or credit card, is feasible. A public entity may, however, impose neutral rules and criteria that screen out or tend to screen out, individuals with disabilities if the criteria are necessary for the safe operation of the program in question. Examples of safety qualifications that would be justifiable in appropriate circumstances would Include eligibility requirements for drivers' licenses, or a requirement that all participants in a recreational rafting expedition be able to meet a necessary level of swimming proficiency. Safety requirements must be based on actual risks and not on speculation, ' stereotypes, or generalizations about individuals with disabilities. Paragraph (c) provides that nothing in this part prohibits a public entity from providing benefits, services, or advantages to Individuals with disabilities, or to a particular class of Individuals with disabilities, beyond those required by this part. It is derived from a provision in the section 504 regulations that permits programs conducted pursuant to Federal statute or Executive order that are designed to benefit only individuals with disabilities or a given class of individuals with disabilities to be limited to those individuals with disabilities. Section 504 ensures that federally assisted programs are made available to all individuals, without regard to disabilities, unless the Federal program under which the assistance is provided is specifically limited to individuals with disabilities or a particular class of individuals with disabilities. Because coverage under this part is not limited to federally assisted programs, paragraph (c) has been revised to clarify that State and local governments may provide special benefits, beyond those required by the nondiscrimination requirements of this part, that are limited to individuals with disabilities or a particular class of individuals with disabilities, without. thereby Incurring additional obligations to persons without disabilities or to other classes of individuals with disabilities. Paragraphs (d) and (e), previously referred to in the discussion of paragraph (b)(1)(iv), provide that the public entity must administer -services, programs, and activities In the most integrated setting appropriate to the needs of qualified individuals with disabilities, Le., in a setting that enables individuals with disabilities to interact with nondisabled persons to the fullest extent possible, and that persons with disabilities must be provided the option of declining to accept a particular accommodation. Some commenters expressed concern that 4 35.130(e). which states that nothing in the rule requires an individual with a disability to accept special .accommodations and services provided under the ADA, could be interpreted to allow guardians of infants or older people with disabilities to refuse medical treatment for their wards. Section 35.130(e) has been revised to make it clear that paragraph (e) is inapplicable to the concern of the commenters. A new paragraph (e)(2) has been added stating that nothing in the regulation authorizes the representative or guardian of an individual with a disability to decline food water. medical treatment. or medical services for that individual. New paragraph (a) clarifies that neither the ADA nor the regulation alters current Federal law ensuring the rights of incompetent Individuals with disabilities to receive food. water, and medical treatment._ See.. e.g., Child Abuse Amendments of 1984 (42 U.S.C. 5106a(b)(10), 5106g(10)); Rehabilitation Act of 1973, as amended (29 U.S.C. 794); the Developmentallg Disabled Assistance and Bill of Rights Act (42 U &C. 6048). Sections 35.190(e) (1) and (2) are based on section 501(d) of the AUA. Section Wild) was designed to clarify that nothing in the ADA requires individuals with disabilities to accept special accommodations and services for individuals with disabilities that may segregate them: The Committee added this section [5or(d)) to clarify that nothing in the ADA to intended to permit discriminatory treatment on the basis of disability, even when such treatment Is rendered under the guise of providing an accommodation, service, aid or benefit to the Individual with disability. For example, a blind individual may choose not to avail himself or herself of the right to go to the front of a line, even if a particular public accommodation has chosen to offer such a modification of a policy for blindindividuals. Or, a blind individual may choose to decline to participate in a special museum tour that allows persons to touch sculptures to an exhibit and instead tour the exhibits at his or her own pace with the museum's recorded tour. judiciary report at 71-72.7%e Act is not to be construed to mean that an individual with disabilities must accept special accommodations and services for individuals with disabilities when that Individual can participate in the regular services already offered. Because medical treatment. including treatment for particular conditions, is not a special, accommodation or service for individual with disabilities under sectioa'm(dx neither the Act nor this part provides ;affirmative 4udw rtty to. . suspend such treatment. Sectimt=(4 is intended to clarify that the Act is not designed to foster discrimination, through mandatory acceptance of. special services when other alternatives are provided: this concern does not reach to the provision of medical, treatment for the Aisabling condition itself Paragraph (f) provides that a public entity may not place a surcharge on a particular individual with a disability, or any group of individuals with disabilities, to cover any costs of measures required to provide that individual or group with the nondiscriminatory treatrhent required by the Act or this part. Such measpres may . Include the Provision of iwdliary aids or of modifications required to:provide program accessibility. Several commenters asked for. clarification that the costs of interpreter services may not be assessed -as an element of "court costs." IU Department has already recognized that impgsition of the coat of oourtrooni Interpreter services is impermissible under section 504. The preamble to the Department's section 804 regulation for its federally assisted programs statei' that where a court system has an' 26, 199*—1 Rules and Regulations 35706 Federal Registey.,t Vol. 56, No. 144Friday, july - _ I- 'd limited obligation to provide qualified interpreters. "it has the corresponding responsibility to pay for the services of the interpreters." (45 FR 37830 Uune 3. 1980)). Accordingly, recouping the costs of interpreter services by assessing them as part of court costs would also be prohibited. Paragraph (g). which prohibits discrimination on the basis of an individual's or entity's known relationship or association with an individual with a disability, is based on sections 102(b)(4) and 302(b)(1)(E) of the ADA. This paragraph was not contained in the proposed rule. The individuals covered under this paragraph are any individuals who are discriminated against because of their known association with an individual with a disability. For example, it would be a violation of this paragraph for a local government to refuse to allow a theater company to use a school auditorium on the grounds that the company had recently performed for an audience of individuals with HIV disease. This protection is not limited to those who have a familial relationship with the individual who has a disability. Congress considered and rejected. amendments that would have limited the scope of this provision to specific associations and relationships. Therefore, if a public entity refuses admission to a person with cerebral palsy and his or her companions, the companions have an independent right of action under the ADA and this section. During the legislative process, the term "entity" was added to section 9o2(b)(i)(E) to clarify that the scope of the provision is intended to encompass not only persons who have a known association with a person with a disability, but also entities that provide services to or are otherwise associated with such individuals. This provision was intended to ensure that entities such as health care providers. employees of social service agencies, and others who provide professional services to persons with disabilities are not subjected to discrimination because of their professional association with persons with disabilities. Section 35131 111egal Use of Drugs those substances are "controlled substances." as defined in the Controlled Substances Act (21 U.S.C. 812). Some controlled substances are prescription drugs that have legitimate medical uses. Section 35.131 does not affect use of controlled substances pursuant to a valid prescription under supervision by a licensed health care professional, or other use that is authorized by the Controlled Substances Act or any other provision of Federal law. It does apply to illegal use of those substances, as well as to illegal use of controlled substances that are not prescription drugs. The key question is whether the individual's use of the substance is illegal, not whether the substance has recognized legal uses. Alcohol is not a controlled substance, so use of alcohol is not addressed by 4 35.131 (although alcoholics are individuals with disabilities, subject to the protections of the statute). A distinction is also made between the use of a substance and the status of being addicted to that substance. Addiction is a disability, and addicts are individuals with disabilities protected by the Act. The protection, however, does not extend to actions based on the illegal use of the substance. In other words. an addict cannot use the fact of his or her addiction as a defense to an action based on illegal use of drugs. This distinction is not artificial. Congress intended to deny protection to people who engage in the illegal use of drugs. whether or not they are addicted, but to provide protection to addicts so long as they are not currently using drugs. A third distinction is the difficult one between current use and former use. The definition of "current illegal use of drugs" in 4 35.104, which is based on the report of the Conference Committee, H.R. Conf. Rep. No. 598, 101st Cong.. 2d Sess. 84 (1990) (hereinafter "Conference report"). is "illegal use of drugs that occurred recently enough to justify a reasonable belief that a person's drug use is current or that continuing use is a real and ongoing problem." Paragraph (a)(2)(i) specifies that an individual who has successfully completed a supervised drug rehabilitation program or has otherwise been rehabilitated successfully and who Is not engaging in current illegal use of Section 35.131 effectuates section 510 of the ADA. which clarifies the Act's application to people who use drugs illegally. Paragraph (a) provides that this part does not prohibit discrimination based on an individual's current illegal use of drugs. 7te Act and the regulation distinguish between illegal use of drugs and the legal use of substances, whether or not drugs is protected. Paragraph (a)(2)(u) clarifies that an individual who is currently participating in a supervised rehabilitation program and is not engaging in current illegal use of drugs u protected. Paragraph (a)(2)(iii) provides that a person who is erroneously regarded as engaging in current illegal use of drugs, but who is not engaging in such use, is protected. Paragraph ( ) prove es a exception to the exclusion of current illegal users of drugs from the protections of the Act. It prohibits denial of health services, or services provided in connection with drug rehabilitation to an individual on the basis of current illegal use of drugs, if the individual is otherwise entitled to such services. A health care facility, such as a hospital or clinic, may not refuse treatment to an individual in need of the services it provides on the grounds that the but it individal is illegally using drug is not required by this section to provide services that it does not ordinarily provide. For example, a health care facility that specializes in a particular type of treatment, such as care of burn victims, is not required to provide drug rehabilitation services, but it cannot refuse to treat a individual's burns on the grounds that the individual is illegally using drugs. Some commenters pointed out that abstention from the use of drugs is an essential condition of participation in some drug rehabilitation programs. and may be a necessary requirement in inpatient or residential settings. The Department believes that this comment is well-founded. Congress clearly intended to prohibit exclusion from drug treatment programs of the very individuals who need such programs because of their use of drugs, but, once an individual has been admitted to a program. abstention may be a necessary and appropriate condition to continued participation. The final rule therefore provides that a drug rehabilitation or treatment program may prohibit illegal use of drugs by individuals while they are participating in the program. Paragraph (c) expresses Congress' intention that the Act be neutral with respect to testing for illegal use of drugs. This paragraph implements the provision in section 51o(b) of the Act that allows entities "to adopt or administer reasonable policies or procedures, including but not limited to drug testing," that ensure that an individual who is participating in a supervised rehabilitation program. or who has completed such a program or otherwise been rehabilitated successfully is no longer engaging in the illegal use of drugs. The section is not to be "construed to encourage, prohibit. restrict. or authorize the conducting of testing for the illegal use of drug&" I Paragraph 35.131(c) clarifies that it is not a violation of this part to adopt or administer reasonable policies or procedures -to ensure that an individual who formerly engaged in the illegal use of drugs is not currently engaging in Fedecal Register , ol. 56. No. 144 / Friday, July 26, 1991 / Rules and Regulations 35707 illegal use of drugs. Any such policies or procedures must, of course, be reasonable, and must be designed to Identify accurately the illegal use of drugs. This paragraph does not authorize inquiries, tests, or other procedures that would disclose use of substances that are not controlled substances or are taken under supervision by a licensed health care professional, or other uses authorized by the Controlled Substances Act or other provisions of Federal law, because such uses are not included in the definition of "illegal use of drugs." A commenter argued that the rule should permit testing for lawful use of prescription drugs, but most commenters preferred that tests must be limited to unlawful use in order to avoid revealing the lawful use of prescription medicine used to treat disabilities. Section 35.133 Smoking Section 35.132 restates the clarification In section 501(b) of the Act that the Act does not preclude the prohibition of, or imposition of restrictions on, smoking in transportation covered by title IL Some commenters argued that this section is too limited in scope, and that the regulation should prohibit smoking in all facilities used by public entities. The reference to smoking in section 501. however, merely clarifies that the Act does not require public entities to accommodate smokers by permitting them to smoke in transportation facilities. Section 35.133 Maintenance of Accessible Features Section 35.133 provides that a public entity shall maintain in operable working condition those features of facilities and equipment that are required to be readily accessible to and usable by persons with disabilities by the Act or this part. The Act requires that, to the maximum extent feasible. facilities must be accessible to, and usable by individuals with disabilities. This section recognizes that it is not sufficient to provide features such as accessible routes. elevators, or ramps. if those features are not maintained in a manner that enables individuals with disabilities to use them. Inoperable elevators. locked accessible doors, or "accessible" routes that are obstructed by furniture. filing cabinets, or potted plants are neither "accessible to" nor ..usable by" individuals with disabilities. Some commenters objected that this section appeared to establish an absolute requirement and suggested that language from the preamble be included in the text of the regulation. It is, of course, impossible to guarantee that mechanical devices will never fail to operate. Paragraph (b) of the final regulation provides that this section does not prohibit isolated or temporary interruptions in service or access due to maintenance or repairs. This paragrapb is intended to clarify that temporary obstructions or isolated instances of mechanical failure would not be considered violations of the Act or this part. However, allowing obstructions or "out of service" equipment to persist beyond a reasonable period of time would violate this part, as would repeated mechanical failures due to improper or inadequate maintenance. Failure of the public entity to ensure that accessible routes are properly maintained and free of obstructions, or failure to arrange prompt repair of in -operable elevators or other equipment intended to provide access would also violate this part. Other commenters requested that this section be expanded to include specific requirements for inspection and maintenance of equipment, for training staff in the proper operation of equipment. and for maintenance of specific items. The Department believes that this section properly establishes the general requirement for maintaining access and that further details are not necessary. Section 35.134 Retaliation or Coercion Section 35.134 implements section 503 of the ADA. which prohibits retaliation against any individual who exercises his or her rights under the Act. This section Is unchanged from the proposed rule. Paragraph (a) of 1135.134 provides that no private or public entity shall discriminate against any individual because that individual has exercised his or her right to oppose any act or practice made unlawful by this part or because that individual made a charge. testified. assisted. or participated in any manner in an investigation, proceeding. or hearing under the Act or this part. Paragraph (b) provides that no private or public entity shall coerce, intimidate. threaten, or interfere with any individual in the exercise of his or her rights under this part or because that indh idual aided or encouraged any other individual in the exercise or enjoyment of any right granted or protected by the Act or this part This section protects not only individuals who allege a violation of the Act or this part: but also any individuals who support or assist them. This section applies to all investigations or proceedings initiated under the Act or this part without regard to the ultimate ..esolution of the underlying allegations. Because this section prohibits any act of retaliation or coercion in response to an individual's effort to exercise rights established by the Act and this part (or to support the efforts of another individual}, the section applies not only to public entities subject to this part, but also to persons acting in an individual capacity or to private entities. For example, it would be a violation of the Act and this part for a private individual to harass or intimidate an individual with a disability in an effort to prevent that individual from attending a concert in a State-owned park. It would likewise, be a violation of the Act and this part for a private entity to take adverse action against an employee who appeared as a witness on behalf of an individual who sought to enforce the Act. Section 35.135 Personal Devices and Services The final rule includes a new 135.135, entitles "Personal devices and services," which states that the provision of personal devices -and services is not required by title U. This new section. which serves as a limitation on all of the requirements of the regulation, replaces 135.1"b)(2) of the proposed rule, which addressed the issue of personal devices and services explicitly only in the context of communications. The personal devices and services limitation was intended to have general application in the proposed rule in all contexts where it was relevant. The final rule, therefore, clarifies this point by including a general provision that will explicitly apply not only to auxiliary aids and services but across- the-board to include other relevant areas such as. for example. modifications in policies, practices, and procedures (J 35.130(b)(7)). The language of 135.135 parallels an analogous provision in the Department's title III regulations (ZS CFR 3ti 306) but preserves the explicit reference to readers for personal use or study" in 4 35.m(b)(2) of the proposed rule. This section does not preclude the short-term loan of personal receivers that are part of an assistive listening system. Subpart C—Employment Section 35.140 Employment Discriminotion Prohibited Title II of the ADA applies to ail activities of public entities. including their employment practices. The proposed rule cross-referenced the definitiam.requirmants. and procedures of title I of the ADA. as established by the Equal Employment 35708Federal Register I VOL 56, No. 144 f Friday, July 28, 1999 ules and Regulations Opportunity Commission in 29 CFR part 1830. This proposal would have resulted in use, under 135.140, of the title I definition of "employer," so that a public entity with 25 or more employees would have become subject to the requirements of J 35.140 on July 26.1992, one with 15 to 24 employees on July 28, 1994, and one with fewer than 15 employees would have been excluded completely. The Department received continents objecting to this approach. The commenters asserted that Congress intended to establish nondiscrimination requirements for employment by all public entities, including those that employ fewer than 15 employees; and that Congress intended the employment requirements of title II to become effective at the same time that the other requirements of this regulation become effective, January 26,1992. The Department has reexamined the statutory language and legislative history of the ADA on this issue and has concluded that Congress intended to cover the employment practices sof all public entities and that the applicable effective date is that of title 1L The statutory language of section 2M(b) of the ADA requires the Department to issue a regulation that is consistent with the ADA and the Department's coordination regulation under section 504, 28 CFR part 41. The coordination regulation specifically requires.nondiscrimination in employment, 28 CFR 41.52-41.55, and does not limit coverage based on size of employer. Moreovei, under all section 504 implementing regulations issued in accordance with the Department's coordination regulation, employment coverage under section 504 extends to all employers with federally assisted programs or activities, regardless of size, and the effective date for those employment requirements has always been the same as the effective date for nonemployment requirements established in the same regulations. The Department therefore concludes that 135.240 must apply to all public entities upon the effective date of this regulation. In the proposed regulation the Department cross-referenced the regulations implementing title 1 of the ADA. issued by the Equal Employment Opportunity Commission at 29 CFR part 2630, at a compliance standard for 135140 because, as proposed, the scope of coverage and effective date of coverage under title II would have been coextensive with'title L ifs the final regulation this language is modified slightly Subparagraph (1) of new paragraph (b) makes it clear that the standards established by the Equal Employment Opportunity Commission to 29 CFR part 1830 will. be the applicable compliance standards if the public entity is subject to title 1. if the public entity is not covered by title I, or until it Is covered by title I, subparagraph (b)(2) cross-references section 504 standards for what constitutes employment discrimination, as established by the Department of Justice in 28 CFR part 41. Standards for title I of the ADA and section 504 of the Rehabilitation Act are for the most part identical because title I of the ADA was based on requirements set forth to regulations implementing section 504. The Department, together with the other Federal agencies responsible for the enforcement of Federal laws prohibiting employment discrimination on the basis of disability, recognizes the .potential for Jurisdictional overlap that exists with respect to coverage of public entities and the need to avoid problems related to overlapping coverage. The other Federal agencies include the Equal Employment Opportunity Commissionu which is the agency primarily responsible for enforcement of title I of the ADA, the Department of Labor, which is the agency responsible for enforcement of section 503 of the Rehabilitation Act of 1973, and 26 Federal agencies with programs of Federal financial assistance, which are responsible for enforcing section 504 in those programs. Section io7 of the ADA requires that coordination mechanisms be developed in connection with the administrative enforcement of complaints alleging discrimination under title I and complaints alleging discrimination in employment in violation of the Rehabilitation Act. Although the ADA does not specifically require inclusion of employment complaints under title II in the coordinating mechanisms required by title L Federal investigations of title II employment complaints will be coordinated on a government -wide basis also. The Department is currently working with the EEOC and other affected Federal agencies to develop effective coordinating mechanisms, and final regulations on this issue will be issi►ed on or before January 26,1992. Subpart D—Program Accessibility Section 35.149 Discrimination Prohibited Section 35.149 states the general nondiscrimination principle underjying the program accessibility requirements of it 35.150 and 95.151. Section 35.150 Exisung Faclhtres Consistent with section 204(b) of the Act, this regulation adopts the program accessibility concept found in the section 504 regulations for federally conducted programs or activities (e.g.. 28 CFR part 39). The concept of "program accessibility" was fust used in the section 5o4 regulation adopted by the Department of Health, Education, and Welfare for its federally assisted programs and activities in 1977. It allowed recipients to make their federally assisted programs and activities available to individuals with disabilities without extensive retrofitting of their existing buildings and facilities, by offering those programs through alternative methods. Program accessibility has proven to be a useful approach and was adopted in the regulations issued for programs and activities conducted by Federal Executive agencies. The Act provides that the concept of program access will continue to apply with respect to facilities now in existence, because the cost of retrofitting existing facilities is often prohibitive. Section 35.150 requires that each service, program, or activity conducted by a public entity, when.viewed in Its entirety, be readily accessible to and usable by individuals with disabilities. The regulation makes clear, however, that a public entity is not required to make each of its existing facilities accessible (i 35.15o(a)(i)). Unlike title III of the Act, which requires public accommodations to remove architectural oarriers where such removal is 'readily achievable," or to provide goods and services through alternative methods. where those methods are "readily achievable," title II requires a public entity to make its programs accessible in all cases, except where to do so would result in a fundamental alteration in the nature of the program or in undue financial and administrative burdens. Congress intended the "undue burden" standard in title II to be significantly higher than the "readily achievable" standard in title M. Tbus, although title 11 may not require removal of barriers in some cases where removal would be required under title III. the program access requirement of title II should enable individuals with disabilities to participate in and benefit from the services, programs. or activities of public entities in all but the most unusual cases. paragraph (a)(2). which establishes a special limitation on the obligation to ensure program accessibility in historic Federal ol. 58, No. 144 / Friday, July 26, 1991 / Rules and preservation programs, is discussed below in connection with paragraph (b) Paragraph (a)(3), which is taken from the section 504 regulations for federally conducted programs, generally codifies case law that defines the scope of the public entity's obligation to ensure program accessibility. This paragraph provides that, in meeting the program accessibility requirement, a public entity is not required to take any action that would result in a fundamental alteration in the nature of its service, program, or activity or to undue financial and administrative burdens. A similar limitation is provided in li 35.164. This paragraph does not establish an absolute defense; it does not relieve a public entity of all obligations to individuals with disabilities. Although a public entity is not required to take actions that would result in a fundamental alteration in the nature of a service, program. or activity or in undue financial and administrative burdens, it nevertheless must take any other steps necessary to ensure that individuals with disabilities receive the benefits or services provided by the public entity. It is the Department's view that compliance with # 35.150(a), like compliance with the corresponding provisions of the section 504 regulations for federally conducted programs, would in most cases not result in undue financial and administrative burdens on a public entity. In determining whether financial and administrative burdens are undue, all public entity resources available for use in the funding and operation of the service, program, or activity should be considered. The burden of proving that compliance with paragraph (a) of § 35.150 would fundamentally alter the nature of a service, program. or activity or would result in undue financial and administrative burdens rests with the public entity. The decision that compliance would result in such alteration or burdens'must 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 Department recognizes the difficulty of identifying the official responsible for this determination, given the variety of organizational forms that may be taken by public entities and their components. The intention of this paragraph is that the determination must be made by a high level official, no lower than a Department head. having budgetary authority and responsibility for making spending decisions. Any person who believes that he or she or any specific class of person's has been injured by the public entity head's decision or failure to make a decision may file a complaint under the compliance procedures established in subpart F. Paragraph (b)(1) sets forth a number of means by which program accessibility may be achieved, including redesign of equipment, reassignment of services to accessible buildings, and provision of aides. The Department wishes to clarify that. consistent with longstanding interpretation of section 504. carrying an individual with a disability Is considered an ineffective and therefore an unacceptable method for achieving program accessibility. Department of Health. Education, and Welfare. Office of Civil Rights, Policy Interpretation No. 4.43 FR 36035 (August 14, 1978). Carrying will be permitted only In manifestly exceptional cases, and only if all personnel who are permitted to participate in carrying an individual with a disability are formally instructed on the safest and least humiliating means of carrying. "Manifestly exceptional" cases In which carrying would be permitted might include, for example, programs conducted in unique facilities, such as an oceanographic vessel, for which structural changes and devices necessary to adapt the facility for use by individuals with mobility impairments are unavailable or prohibitively expensive. Carrying is not permitted as an alternative to structural modifications such as installation of a ramp or a chairlift. In choosing among methods, the public entity shall give priority consideration to those that will be consistent with provision of services in the most integrated setting appropriate to the needs of individuals with disabilities. Structural changes in existing facilities are required only when there is no other feasible way to make the public entity's program accessible. (It should be noted that ..structural changes" include all physical changes to a facility; the tern does not refer only to changes to structural features, such as removal of or alteration to a load-bearing structural member.) The requirements of f 35.151 for alterations apply to structural changes undertaken to comply with this section. The public entity may comply with the program accessibility requirement by delivering services at alternate accessible sites or making home ti isits as appropriate. Historic Preservation Programs In order to avoid possible conflict between the congressional mandates to preserve historic properties, on the one 35709 ..and, and to eliminate discrimination against individuals with disabilities on the other, paragraph (a)(2) provides that a public entity is not required to take any action that would threaten or destroy the historic significance of an historic property. The special limitation on program accessibility set forth in paragraph (a)(2) Is applicable only to historic preservation programs, as defined in 135.104. that Is, programs that have preservation of historic properties as a primary purpose. Narrow application of the special limitation is justified because of the inherent flexibility of the program accessibility requirement. Where historic preservation isnot a primary purpose of the program, the public entity is not required to use a particular facility. It can relocate all or part of its program to an accessible facility, make home visits, or use other standard methods of achieving program accessibility without making structural alterations that might threaten or destroy significant historic features of the historic property. Thus, government programs located in historic properties. such as as historic State capitol. are not excused from the requirement for program access. Paragraph (a)(2), therefore, will apply only to those program that uniquely concern the preservation and experience of the historic property itself Because the primary benefit of an historic preservation program is the experience of the historic property, paragraph (b)(2) requires the public entity to give priority to methods of providing program accessibility that permit individuals with disabilities to have physical access to the historic property. This priority on physical access may also be viewed as a specific application of the general requirement that the public entity administer programs in the most integrated setting appropriate to the needs of qualified individuals with disabilities (g 35.130(',d)). Only when providing physical access would threaten or destroy the historic significance of an historic property, or would result in a fundamental alteration in the nature of the program or in undue financial and administrative burdens, may the public entity adopt alternative methods for providing program accessibility that do not ensure physical access. Examples of some alternative methods are provided in paragraph (bH2)- Time Periods Paragraphs (c) and (d) establish time periods for complying with the program accessibility requirement. Like the regulations for federally assisted 35710 Federal Regis / Vol. fib. No. 149 /Friday, July 26, 1. / Rules -and Regulations programs (e.g., 28 CFR 41.57(b)), paragraph (c) requires the public entity to make any necessary structural changes in facilities as soon as practicable, but in no event later than three years after the effective date of this regulation. facilities, transportation, public accommodations, and employers. followed by walkways serving other areas. Pedestrian "walkways" include locations where access is required for use of public transportation, such as bus stops that are not located at The proposed rule provided that, intersections or crosswalks. aside from structural changes, all other Similarly, a public entity should necessary steps to achieve compliance provide an adequate number of with this part must be taken within sixty accessible parking spaces in existing days. The sixty day period was taken parking lots or garages over which it has from regulations implementing section jurisdiction. Parph (dj(3) provides that, if a agra 5o4, which generally were effective no Part has already completed a more than thirty days after publication. public entity enn tfplan required by a regulation Because this regulation will not be transiimplementing section 504, the transition effective until January 28,1992, the plan required by this part will apply Department has concluded that no only to those policies and practices that additional transition period for non- were not covered by the previous structural changes is necessary, so the transition plan. Some commenters sixty day period has been omitted in the trtreaten that the transition plan should final rule. Of course, this section does include all aspects of the public entity's not reduce or eliminate any obligations operations, including those that may that are already applicable to a public have been covered by a previous entity under section 504. transition plan under section 504. The Where structural modifications are Department believes that such a required, paragraph (d) requires that a duplicative requirement would be transition plan be developed by an inappropriate. Many public entities may entity that employs 50 or more persons, find, however, that it will be simpler to within six months of the effective date include all of their operations in the of this regulation. The legislative history transition plan than to attempt to of title II of the ADA makes it clear that, identify and exclude specifically those under title II, "local and state that were addressed in a previous plan. governments are required to provide Of course, entities covered under curb cuts on public streets." Education section 504 are not shielded from their and Labor report at 84. As the rationale obligations under that statute merely for the provision of curb cuts, the House because they are included under the report explains, "The employment, transition plan developed under this transportation, and public section. accommodation sections of • • ' (the ADA) would be meaningless if people who use wheelchairs were not afforded the opportunity to travel on and between the streets." Id. Section 35.151(e), which establishes accessibility requirements for new construction and alterations, requires that all newly constructed or altered streets, roads, or highways must contain curb ramps or other sloped areas at any intersection having curbs or other barriers to entry from a street Ievel pedestrian walkway, and all newly constructed or altered street level pedestrian walkways must have curb ramps or other sloped areas at intersections to streets, roads, or highways. A new paragraph (d)(2) has been added to the final rule to clarify the application of the general requirement for program accessibility to the provision of curb cuts at existing crosswalks. This paragraph requires that the transition plan include a schedule for providing curb ramps or other sloped areas at existing pedestrian walkways, giving priority to walkways serving entities covered by the Act, including State and local government offices and Section 35.151 New Construction and Alterations Section 35.151 provides that those buildings that are constructed or altered by, on behalf of, or for the use of a public entity shall be designed, constructed, or altered to be readily accessible to and usable by individuals with disabilities if the construction was commenced after the effective date of this part. Fecilities under design on that date will be governed by this section if die date that bids were invited falls after tl:e effective date. This interpretatien is consistent with Federal practice under section 504. Section 35.151(c) establishes two standards for accessible new construction and alteration. Under paragraph (c), design, construction, or alteration of facilities in conformance with the Uniform Federal Accessibility Standards (UTAS) or with the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (hereinafter ADAAG) shall be deemed to comply with the requirements of this section with respec to those facilities except that, if ADAAG is chosen, the elevator exemption contained at i4 3e.401(d) and 38.404 does not apply. ADAAG is the standard for private buildings and was issued as guidelines by the Architectural and Transportation Barriers Compliance Board (ATBCB) under title III of the ADA. It has been adopted by the Department of Justice and is published as appendix A to the Department's title III rule to today's Federal Register. Departures from particular requirements of these standards by the use of other methods shall be permitted when it is clearly evident that equivalent access to the facility or part of the facility is thereby provided. Use of two standards is a departure from the proposed rule. The proposed rule adopted UFAS as the only interim accessibility standard because that standard was referenced by the regulations implementing section 504 of the Rehabilitation Act promulgated by most Federal funding agencies. It is, therefore, familiar to many State and local government entities subject to this rule. The Department, however, received many comments objecting to the adoption of UFAS. Commenters pointed out that, except for the elevator exemption, UFAS is not as stringent as ADAAG. Others suggested that the standard should be the same to lessen confusion. Section 204(b) of the Act states that title II regulations must be consistent not only with section 504 regulations but also with "this Act." Based on this provision, the Department has determined that a public entity should be entitled to choose to comply either with ADAAG or UFAS. Public entities who choose to follow ADAAG, however, are not entitled to the elevator exemption contained in title III of the Act and implemented in the title III regulation at i 36.401(d) for new construction and J 36.404 for alterations. Section 303(b) of title III states that, with some exceptions, elevators are not required in facilities that are less than three stories or have less than 3000 square feet per story. The section 504 standard, UFAS, contains no such exemption. Section 501 of the ADA makes clear that nothing in the Act may be construed to apply a lesser standard to public entities than the standards applied under section 504. Because permitting the elevator exemption would clearly result in application of a lesser standard than that applied under section 504, paragraph (c) states that the elevator exemption does not apply when public entities choose to follow ADAAG. Thus, a two-story courthouse. whether built according to UFAS or 1#� Federal Register ✓ol. 58, No.. 144 / Friday, July a 1991/"*"Rules and Regulations 35711 ADAAG, must be constructed with an elevator. It should be noted that Congress did not include an elevator exemption for public transit facilities covered by subtitle B of title II, which covers public transportation provided by public entities, providing further evidence that Congress intended that public buildings have elevators. Section 504 of the ADA requires the ATBCB to issue supplemental Minimum Guidelines and Requirements for Accessible Design of buildings and facilities subject to the Act, including title II. Section 204(c) of the ADA provides that the Attorney General shall promulgate regulations implementing title U that are consistent with the ATBCB's ADA guidelines. The ATBCB has announced its intention to Issue title II guidelines in the future. The Department anticipates that. after the ATBCB's title II guidelines have been published, this rule will be amended to adopt new accessibility standards consistent with the ATBCB's rulemaking. Until that time, however, public entities will have a choice of following UFAS or ADAAG, without the elevator exemption. Existing buildings leased by the public entity after the effective date of this part are not required by the regulation to meet accessibility standards simply by virtue of being leased. They are subject, however, to the program accessibility standard for existing facilities in 135.150. To the extent the buildings are newly constructed or altered, they must also meet the new construction and alteration requirements of 135.151. The Department received many comments urging that the Department require that public entities lease only accessible buildings. Federal practice under section 504 has always treated newly leased buildings as subject to the existing facility program accessibility standard. Section Z04(b) of the Act states that, in the area of "program accessibility, existing facilities," the title II regulations must be consistent with section 504 regulations. Thus, the Department has adopted the section S% principles for these types of leased buildings. Unlike the construction of new buildings where architectural barriers can be avoided at little or no coot. the application of new construction standards to an existing building being leased raises the same prospect of retrofitting buildings as the use of an existing Federal facility, and the same paccessoibility standard should app both wned and leased existing buildings. Similarly, requiring that public entities only lease accessible space would significantly restrict the options of State and local governments in seeking leased space, which would be particularly burdensome in rural or sparsely populated areas. On the other hand, the more accessible the leased space is, the fewer structural modifications will be required in the future for particular employees whose disabilities may necessitate barrier removal as a reasonable accommodation. Pursuant to the requirements for leased buildings contained in the Minimum Guidelines and Requirements for Accessible Design published under the Architectural Barriers Act by the ATBCB, 38 CFR 1190.34, the Federal Government may not lease a building unless it contains (1) One accessible route from an accessible entrance to those areas In which the principal activities for which the building is leased are conducted. (2) accessible toilet facilities, and (3) accessible parking facilities, if a parking area is included within the lease (38 CFR 1190.34). Although these requirements are not applicable to buildings leased by public entities covered by this regulation, such entities are encouraged to look for the most accessible space available to lease and to attempt to find space complying at least with these minimum Federal requirements. Section 35.151(d) gives effect to the intent of Congress, expressed in section 504(c) of the Act that this part recognize the national interest in preserving significant historic structures. Commenters criticized the Department's use of descriptive terms in the proposed rule that are different from those used in the ADA to describe eligible historic properties. In addition, some commenters criticized the Department's decision to use the concept of "substantially impairing" the historic features of a property, which is a concept employed in regulations implementing section 504 of the Rehabilitation Act of 1973. Those commenters recommended that the Department adopt the criteria of "adverse effect" published by the Advisory Council on Historic Preservation under the National Historic Preservation Act. 38 CFR 800.9, as the standard for determining whether an historic property may be altered. The Department agrees with these comments to the extent that they suggest that the language of the rule should conform to the language employed by Congress in the ADA. A definition of "historic property." drawn from section 504 of the ADA, has been added to 135.104 to clarify that the term applies to those properties listed or eligible for listing in the National Register of Historic Places, or properties designated as historic under State or local law. The Department intends that the exception created by this section be applied only in those very rare situations in which it is not possible to provide access to an historic property using the special access provisions established by UPAS and ADAAG. Therefore, paragraph (d)(1) of 135.151 has been revised to clearly state that alterations to historic properties shall comply, to the maximum extent feasible, with section 4.1.7 of UFAS or section 4.1.7 of ADAAG. Paragraph (d)(2) has been revised to provide that, if it has been determined under the procedures established in UFAS and ADAAG that it is not feasible to provide physical access to an historic property in a manner that will not threaten or destroy the historic significance of the property, alternative methods of access shall be provided pursuant to the requirements of 135.150. In response to comments. the Department has added to the final rule a new paragraph (e) setting out the requirements of J 38.151 as applied to curb ramps. Paragraph (e) is taken from the statement contained in the preamble to the proposed rule that all newly constructed or altered streets, roads, and highways must contain curb ramps at any intersection having curbs or other barriers to entry from a street level pedestrian walkway, and that all newly constructed or altered street level pedestrian walkwaysmust have curb ramps at intersections to streets6 roads, or highways. Subpart communications Section 35.180 teneral Section 35.180 requires the public entity to take such steps as may be necessary to ensure that communications with applicants, participants, and members of the public with disabilities are as effective as communications with others. Paragraph (b)(1) requires the public entity to furnish appropriate auxiliary aide and services when necessary to afford an individual with a disability an equal opportunity to participate in. and enjoy the benefits of the public entity's service, program, or activity. The public entity must provide an opportunity for Individuals with disabilities to request the auxiliary aids and services of their choice. This expressed choice shall,be giverLprimary consideration by the public entity (I 35.180(b)(2)), The public entity shall honor the choice unless it can demonstrate that another effective ssna Federal I VOL 56. No. 144 f Friday, July 28, 1991 J Rules and Regulations means of communication exists -bat use of the means chosen would not be required under 4 35.184. Deference to the request of the Individual with a disability disabilities. the is desirable because of the range d variety of auxiliary aids and services. and different circumstances requiring effective communication. For instance. some court -rooms are now equipped for "computer-assisted transcripts; which instant neons transcripts range of aids and services that may be required under this section. A number of comments raised questions about the extent of a public entity's obligation to provide access to television programming far persons with hearing impairments. Television and videotape programming produced by Public entities are covered bi Of such section. Access to audio oedoby closed programming may be pm allow virtually a captioning. of courtroom argument and testimony to appear on displays. Such a system might be an effective auxiliary aid or service for a person who is deaf or has s hearing loss who uses speech to communicate, but may be useless for someone who uses sign language. Although in some circumstances a notepad and written materials may be sufficient to permit effective communication. in other circumstances !hey may not be sufficient. For example, a qualified interpreter may be necessary when the information being communicated is comple& or is exchanged for a lengthy period of time. Generally, factors to be considered in determining whether an interpreter is required include the context in which the communication is taking place, the number of people involved. and the importance of the communication. Several commenters asked that the rule clarify that the provision of readers is sometimes necessary to.ensure access to a public entity's services, programs or activities. Reading devices or readers should be provided when necessary for equal participation and opportunity to benefit from any governmental service, program, or activity, such as reviewing public documents, examining demonstrative evidence, and filling out voter registration forms or forms needed to receive public benefits. The importance of providing qualified readeis for examinations administered by public entities is discussed under # 35.13o. Reading devices and readers are appropriate auxiliary aids and services where necessary to permit an individual with a disability to participate in or benefit from a service. program. or activity. Section 35.160(b)(2) of the proposed rule, which provided that a public entity need not furnish individually prescribed devices. readers for personal use or study, or other devices of's personal nature, has been deleted in favor of a new section in the final rule on persona devices and services (see 135.135). In response to comments, the tern "auxiliary aids and services" is used in place of "auxiliary aids" in the final rule. This phrase better reflects the Section 85.181 Telecommunication Devices for the Deaf (TDD`sj Section 35.181 requires that, where a public entity communicates with applicants and beneficiaries by telephone. T 13D's or equally effective telecommunication systema be used to communicate with individuals with impaired speech or hearing. Problems arise when a public entity which does not have a TDD needs to communicate with an individual who uses a TDD or vice versa. Title N of the ADA addresses this problem by requiring establishment of telephone relay services to permit communications between individuals who communicate by TDD and individuals who communicate by the telephone ne title e. The relay services required would involve a relay operator using 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. Section 204(b) of the ADA requires that the regulation implementing title D with respect to communications be consistent with the Department's regulation implementing section 504 for its federally conducted programs and activities at 28 CFR part 39. Section 35.161, which is taken from 1 39.160(a)(2) of that regulation, requires the use of TDD's or equally effective telecommunication systems for communication with people who use TDD's. of course, where relay services, .such as those required by title N of the ADA are available, a public entity may use those services to meet the requirements of this section. Many commenters were concerned that public entities should not rely heavily on the establishment of relay services. The commenters explained that while relay services would be of vast benefit to both public entities and individuals who use TDD's, the services are not sufficient to provide access to all 1 telephone services. First. relay systems do not provide effective access to the increasingly popular automated systems that require the caller to respond by pushing a button on a touch tone phone. Second relay systems cannot operate ,at enovo to convey messages on nswering ma&hws, or to permit a TDD ser to leave a recorded message* h* m omunication throrelay in cases systems lay not be appropriate ,nes pertaining to rape, domestic iolence. child abuse, and drugs. The )epartment believes that it is more appropriate for the Federal ,ommunkations Commission toile*dress hese issues in its rulemaking under tle V. Some commenters requested that those entities with frequent contacts with clients who use TDD's have on-site TDD's to provide for direct communication between the entity and the individual. The Department encourages those entities that have extensive telephone contact with the public such as city halls, public libraries. and public aid offices. to have TDD's to Insure more immediate access. Where the provision of telephone service is a major function of the entity. TDD's should be available. Section► 85; N Telephone 6meMencY Services Many public entities provide telephone emergency services by which individuals can seek immediate assistance from police, fire, ambulanm and other emergency services. These telephone emergency services— including "911" services—are dearly an important public service whose reliability can be a matter of life or death The legislative history of title 11 specifically reflects congressional intent that public entities must ung telephone emergency 911 services. be accessible to persons with unpaired hearing and speech through telecommunication technology (Conference report at 67; Education and Labor report at 64-85}. Proposed 135.162 mandated that public entities provide emergency telephone services to persons with disabilities that are "functionail equivalent" to voice services provided to others. Many commenters urged the Department to revise the section to make clear that direct access to telephone emergency sm-ices is required by titlp II of the ADA as indicated by the legislative history (Conference report at 67-M Edu"tion and Labor report at 85). In response, the final rule mandates "direct access,•' instead of "access that is functionally equivalent" to that provided to all other telephone users. Telephone soh g access through a third Parti relay service would not satisfy the requirement for direct access. Federal Register / Vol. 56, No. 144 / Fnody, July. u. 1391 / Rules ano heguiut,una Several commenters asked about s separate seven -digit emergency call number for the 911 services. The requirement for direct access disallows the use of a separate seven -digit number where 911 service is available. Separate seven -digit emergency call numbers would be unfamiliar to many individuals and also more burdensome to use. A standard emergency 911 number is easier to remember and would save valuable time spent in searching in telephone books for a local seven -digit emergency number. Many commenters request. J establishment of minimum standards of service (e.g., the quantity and location of TDD's and computer modems needed in a given emergency center). Instead of establishing these scoping requirements. the Department has established a performance standard through the mandate for direct access. Section 35.162 requires public entities to take appropriate steps, including equipping their emergency systems with modern technology, as may be necessary to promptly receive and respond to a call from users of TDD's and computer modems. Entities are allowed the flexibility to determine what is the appropriate technology for their particular needs. In order to avoid mandating use of particular technologies that may become outdated, the Department has eliminated the references to the Baudot and ASCII formats in the proposed rule. Some commenters requested that the section require the installation of a voice amplification device on the handset of the dispatchers telephone to amplify the dispatcher's voice. In an emergency, a person who has a hearing loss may be using a telephone that does not have an amplification device. Installation of speech amplification devices on the handsets of the dispatchers' telephones would respond to that situation. The Department encourages their use. Several commenters emphasized the need for proper maintenance of TDD's used in telephone emergency services. Section 35.133, which mandates maintenance of accessible features, requires public entities to maintain in operable working condition MD's and other devices that provide direct access to the emergency system. Section 35.163 information and Signage Section 35.163(a) requires the public entity to provide information to Individuals with disabilities concerning accessible services, activities, and facilities. Paragraph (b) requires the public entity to provide signage at all Inaccessible entrances to each of its facilities that directs users to an accessible entrance or to a location with information about accessible facilities. Several commenters requested that, where TDD -equipped pay phones or portable MD's exist, clear signage should be posted indicating the location of the TDD. The Department believes that this Is required by paragraph (a). In addition, the Department recommends that, in large buildings that house MD's, directional signage indicating the location of available MD's should be placed adjacent to banks of telephones that do not contain a TDD. Section 35.164 Duties Section 35.1644 like paragraph (a)(3) of (( 35.150, is taken from the section 504 regulations for federally conducted programs. Like paragraph (a)(3), it limits the obligation of the public entity to ensure effective communication in accordance with Davis and the circuit court opinions interpreting it. It also includes specific requirements for determining the existence of undue financial and administrative burdens. The preamble discussion of 4 35.150(a) regarding that determination is applicable to this section and further explains the public entity's obligation to comply with J ¢ 35.16045.164. Because of the essential nature of the services provided by telephone emergency systems. the Department assumes that 135.164 will rarely be applied to 1135.162. Subpart F—Compliancae Procedures Subpart F sets out the procedures for administrative enforcement of this part Section 203 of the Act provides that the remedies, procedures, and rights set forth in section 505 of the Rehabilitation Act of 1973 (29 U.S.C. 794a) for enforcement of section 504 of the Rehabilitation Act, which prohibits discrimination on the basis of handicap in programs and activities that receive Federal financial assistance. shall be the remedies, procedures. and rights for enforcement of title LL Section 505. in turn, incorporates by reference the remedies. procedures, and rights set forth in title VI of the Civil Rights Act of 1964 (42 u.S C. zwDd to 2000d -4a). Title VL which prohibits discrimination on the basis of race. color, or national origin in federally assisted programs, is enforced by the Federal agencies that provide the Federal financial assistance to the covered programs and activities in question. H voluntary compliance cannot be achieved Federal agencies enforce title VI either by the termination of Federal finds to a program that is found to discriminate. following an /oNainistrative hearing, or by a referral . _ chis Department for judicial enforcement. Title 11 of the ADA extended the requirements of section 504 to all services, programs, and activities of State and local governments, not only those that receive Federal financial assistance. The House Committee on Education and Labor explained the enforcement provisions as follows: It is the Committee's Intent that administrative enforcement of section 202 of the legislation should closely parallel the Federal govemmenrs experience with section 504 of the Rehabilitation Act of 1973. no Attorney General should use section 504 enforcement procedures and the Department's coordination role under Executive Order 12250 as models for regulation in this area. The committee eAvisions that the Department of Justice will identify appropriate Federal agencies to oversee compliance activities for State and local governments. As with section 504, these Federal agencies, including the Department of justice, will receive, investigate, and where possible, resolve complaints of discrimination. Iia Federal agency is unable to resolve a complaint by voluntary means. • • • the major enforcement sanction for the Federal government will be referral of cases by these Federal agencies to the Department of justice. Ile Department of justice may than proceed to file suits In Federal district court As with section 504, there is also a private right of action for persons with disabilities. which includes the full panoply of remedies. Again, consistent with section 504, It is not the Committee'* intent that persons with disabilities need to exhaust Federal administrative remedies before exercising their private right of action. Education & Labor report at 98. See also S. Rep. No. 118, joist Cong. lst Sesa., at 57-458 (1989). Subpart F effectuates the congressional intent by deferringto section 504 procedures where those procedures are applicable. that is. where a Federal agency has jurisdiction under section 504 by virtue of its provision of Federal financial assistance to the program or activity to which the discrimination is alleged to have occurred. Deferral to the 504 procedures also makes the sanction of fund termination available where necessary to achieve compliance. Because the Civil Rights Restoration Act (Pub. L. 100-259) extended the application of section 504 to all of the operations of the public entity receiving the Federal financial assistance. many activities of State and local governments are already covered by section 584. The procedures in subpart F apply to coaspdainb concerning services, programs. and 35714 Federal Regist /, Vol. 56, No. 144 / Friday, July 28, 1�/ Rules and Regulations 1 - t for which it does not have activities of public entities that are covered by the ADA. Subpart G designates the Federal agencies responsible for enforcing the ADA with respect to specific components of State and local government. It does not, however, displace existing jurisdiction under section 504 of the various funding agencies. Individuals may still file discrimination complaints against recipients of Federal financial assistance with the agencies that provide that assistance, and the funding agencies will continue to process those complaints under their existing procedures for enforcing section -504. The substantive standards adopted in this part for title II of the ADA are generally the same as those required under section 504 for federally assisted programs, and public entities covered by the ADA are also covered by the requirements of section 504 to the extent that they receive Federal financial assistance. To the extent that title II provides greater protection to the rights of individuals with disabilities, however, the funding agencies will also apply the substantive requirements established under title II and this part in processing complaints covered by both this part and section 504, except that fund termination procedures may be used only for violations of section 504: Subpart F establishes the procedures to be followed by the agencies designated in subpart G for processing complaints against State and local government entities when the designated agency does not have jurisdiction under section 504. Section 35.170 Complaints complaint filed with an agency that has jurisdiction under section 504 will be processed under the agency's procedures for enforcing section 504. Some commenters objected to the complexity of allowing complaints to be filed with different agencies. The multiplicity of enforcement jurisdiction is the result of following the statutorily mandated enforcement scheme. The Department has, however, attempted to simplify procedures for complainants by making the Federal agency that receives the complaint responsible for referring it to an appropriateagency. The Department has also added a new paragraph (c) to this section providing that a complaint may be filed with any agency designated under subpart G of this part, or with any agency that provides funding to the public entity that is the subject of the complaint, or with the Department of Justice. Under 4 35.171(a)(2), the Department of Justice will refer complaints for which it does not have jurisdiction under section 504 to an agency that does have jurisdiction under section 504, or to the agency designated under subpart G as responsible for complaints filed against the public entity that is the subject of the complaint or in the case of an employment complaint that is also subject to title I of the Act, to the Equal Employment Opportunity Commission. Complaints filed with the Department of justice may be sent to the Coordination and Review Section, F.O. Box 86118. Civil Rights Division, U.S. Department of Justice. Washington. DC 20035-6118. Section 35.170 provides that any individual who believes that he or she or a specificclass of individuals has been subjected to discrimination on the basis of disability by a public entity may, by himself or herself or by an authorized representative, file a complaint under this part within 180 days of the date of the alleged discrimination, unless the time for filing is extended by the agency for good cause. Although 135.107 requires public entities that employ 50 or more persons to establish grievance procedures for resolution of complaints, exhaustion of those procedures is not a prerequisite to riling a complaint under this section. If a complainant chooses to follow the public entity's grievance procedures, however, any resulting delay may be considered good cause for extending the time allowed for filing a coinpplaint under this part. Filing the complaint with any Federal agency will satisfy the requirement for timely filing. As explained below, a Section 35.171 Acceptance of Complaints Section win establishes procedures for determining jurisdiction and responsibility for processing complaints against public entities. The final rule provides complainants an opportunity to file with the Federal funding agency of their choice. If that agency does not have jurisdiction under section 504, however, and is not the agency designated under subpart G as responsible for that public entity, the agency must refer the complaint to the Department of Justice; which will be responsible for referring it either to an agency that does have jurisdiction under section 504 or to the appropriate designated agency, or in the case of an employment complaint that Is also subject to title I of the Act, to the Equal Employment Opportunity Commission. Whenever an agency receives a complaint over which it has jurisdiction under section 504. it will process the complaint under its section 504 procedures. When the agency designated under subpart G receives a comp am jurisdiction under section 504, it will treat the complaint as an ADA complaint under the procedures established in this subpart. Section 35.171 also describes agency responsibilities for the processing of employment complaints. As described in connection with 135-140. additional procedures regarding the coordination of employment complaints will be established in a coordination regulation issued by DOJ and EEOC. Agencies with jurisdiction under section 5o4 for complaints alleging employment 1 discrimination also covered by tide will follow the procedures established by the coordination regulation for those complaints. Complaints covered by title I but not section 504 will be referred to the EEOC, and complaints covered by this part but not title I will be processed under the procedures in this part. Section 35.172 Resolution of Complaints Section 35.172 requires the designated agency to either resolve the complaint or issue to the complainant and the public entity a Letter of Findings containing findings of fact and conclusions of law and a description of a remedy for each violation found. The Act requires the Department of Justice to establish administrative procedures for resolution of complaints, but does not require complainants to . exhaust these administrative remedies. The Committee Reports make clear that Congress intended to provide a private right of action with the full panoply of remedies for individual victims of discrimination. Because the Act does not require exhaustion of administrative remedies, the complainant may elect to proceed with a private suit at any time. Section 35.173 Voluntary Compliance Agreements Section 35.173 requires the agency to attempt to resolve all complaints in which it finds noncompliance through voluntary compliance agreements enforceable by the�Attorney General. Section 35.17! Referral Section 35.174 providealor referral of the matter to the Department of justice if the agency is unable to obtain voluntary compliance. Section 35.175 Attorney's Fees re Section 35.175 states that courts a authorized to award attorneys fees, including litigation expenses and costs, as provided in section 505 of the Act. Litigation expenses Include items such as expert witness fees, travel expenses. Federal Register mol. 56, No. 144 / Friday, July 26. 1991 /--Rules and Regulations 35715 etc. The Judiciary Committee Report specifies that such items are included under the rubric of "attorneys fees" and not "costs" so that such expenses will be assessed against a plaintiff only under the standard set forth in Christionsburg Garment Co. v. Equal Employment Opportunity Commission, 434 U.S. 412 (1978). (Judiciary report at 73.) Section 35.178 Alternative Means of Dispute Resolution Section 35.176 restates section 513 of the Act. which encourages use of alternative means of dispute resolution. Section 33.177 Effect of Unavailability of Technical Assistance Section 35.177 explains that, as provided in section 508(e) of the Act, a public entity is not excused from compliance with the requirements of this part because of any failure to receive technical assistance. Section 35.178 State Immunity Section 35.178 restates the provision of section 502 of the Act that a State is not immune under the eleventh amendment to the Constitution of the United States from an action in Federal or State court for violations of the Act. and that the same remedies are available for any such violations as are available in an action against an entity other than a State. Subpart C—Designated Agencies Section 35.190 Designated agencies Subpart G designates the Federal agencies responsible for investigating complaints under this part. At least 26 agencies currently administer programa of Federal financial assistance that are subject to the nondiscrimination requirements of section 504 as well as other civil rights statutes. A majority of these agencies administer modest Program of Federal financial assistance and/or devote minimal resources exclusively to "external" civil rights enforcement activities. Under Executive Order 122M the Department of Justice has encouraged the use of delegation agreements under which certain civil rights compliance responsibilities for a class of recipients funded by more than one agency are delegated by an agency or agencies to a "lead" agency. For example, many agencies that fund institutions of higher education have signed agreements that designate the Department of Education as the "lead" agency for this class of recipients. The use of delegation agreements reduces overlap and duplication of effort, and thereby strengthens overall civil tights enforcement. However. the use of these agreements to date generally has been limited to education and health care recipients. These classes of recipients are funded by numerous agencies and the logical connection to a lead agency is clear (e.g., the Department of Education for colleges and universities, and the Department of Health and Human Services for hospitals). The ADA's expanded coverage of State and local government operations further complicates the process of establishing Federal agency jurisdiction for the purpose of investigating complaints of discrimination on the basis of disability. Because all operations of public entities now are covered irrespective of the presence or absence of Federal financial assistance, many additional State and local government functions and organizations now are subject to Federal jurisdiction. In some cases, there is no historical or single clear-cut subject matter relationship with a Federal agency as was the case in the education example described above. Further, the 33,000 governmental jurisdictions subject to the ADA differ greatly in their organization, making a detailed and workable division of Federal agency jurisdiction by individual State, county, or municipal entity unrealistic. This regulation applies the delegation concept to the Investigation of complaints of discrimination on the basis of disability by public entities under the ADA. It designates eight agencies, rather than all agencies currently administering programs of Federal financial assistance, as responsible for investigating complaints under this part. These "designated agencies" generally have the largest civil rights compliance staffs. the most experience in complaint investigations and disability issues, and broad yet clear subject area responsibilities. This division of responsibilities is made functionally rather than by public entity type or name designation. For example. all entities (regardless of their title) that exercise responsibilities, regulate, or administer services or programs relating to lands and natural resources fall within the jurisdiction of the Department of Interior. Complaints under this part will be investigated by the designated agency most closely related to the functions exercised by the governmental component against which the complaint is lodged. For example, a complaint against a State medical board, where such a board is a recognizable entity, will be investigated by the Department of Health and Human Services (the designated agency for regulatory activities relating to the provision of health care), even if the board is part of a general umbrella department of planning and regulation (for which the Department of Justice is the designated agency). If two or more agencies have apparent responsibility over a complaint, i 35.190(c) provides that tho Assistant Attorney General shall determine which one of the agencies shall be the designated agency for purposes of that complaint. Thirteencommenters, including four proposed designated agencies, addressed the Department of justice's identification in the proposed regulation of nine "designated agencies" to investigate complaints under this part. Most comments addressed the proposed specific delegations to the various individual agencies. The Department of Justice agrees with several commenters who pointed out that responsibility for "historic and cultural preservation" functions appropriately belongs with the Department of Interior rather than the Department of Education. The Department of Justice also agrees with the Department of Education that "museums" more appropriately should be delegated to the Department of Interior, and that "preschool and daycare programs" more appropriately should be assigned to the Department of Health and Human Services, rather than to the Department of Education. The final rule reflects these decisions. The Department of Commerce opposed its listing as the designated agency for "commerce and industry. including general economic development, banking and finance. consumer protection. insurance, and small business". The Department of Commerce cited its lack of a substantial existing section 504 enforcement program and experience with many of the specific functions to be delegated. The Department of justice accedes to the Department of Commerce's position. and has as4igned itself as the designated agency for these functions. In response to a comment from the Department of Health and Human Services, the regulation's category of "medical and nursing schools" has been clarified to read "echools of medicine. dentistry, nursin& and other health- related fields": Also in response to a comment from the Department of Health and Human Services. "correctional institutions" have been specifically added to the public safety and administration of justice functions assigned to the Department of justice. The regulation also assigns the Department of justice as the designated agency responsible for all State and n 35716 Federal Regi: / Vol. 56, No. 144 / Friday, July 26, 1,, / Rules and Regulations local government functions not assigned to other designated agencies. The Department of justice, under an agreement with the Department of the Treasury, continues to receive and coordinate the investigation of complaints filed under the Revenue Sharing Act. This entitlement program, which was terminated in 1986, provided civil rights compliance jurisdiction for a wide variety of complaints regarding the use of Federal funds to support various general activities of local governments. In the absence of any similar program of Federal financial assistance administered by another Federal agency, placement of designated agency responsibilities for miscellaneous and otherwise undesignated functions with the Department of justice is an appropriate continuation of current practice. The Department of Education objected to the proposed rule's inclusion of the functional area of "arts and humanities" within Its responsibilities, and the Department of Housing and Urban Development objected to its proposed designation as responsible for activities relating to rent control, the real estate industry, and housing code enforcement. The Department has deleted these areas from the lists assigned to the Departments of Education and Housing and Urban Development, respectively, and has added a new paragraph (c) to 135.190, which provides that the Department of justice may assign responsibility for components of State or local governments that exercise responsibilities, regulate, or administer services, programs, or activities relating to functions not assigned to specific designated agencies by paragraph (b) of this section to other appropriate agencies. The Department believes that this approach will provide more flexibility In determining the appropriate agency for investigation of complaints involving those components of State and local governments not specifically addressed by the listings in paragraph (b). As provided in If 35.170 and 35.171, complaints filed with the Department of justice will be referred to the appropriate agency. Several commenters proposed a stronger role for the Department of justice, especially with respect to the receipt and assignment of complaints, and the overall monitoring of the effectiveness of the enforcement activities of Federal agencies. As discussed above, if 35.170 and 35.171 have been revised to provide for referral of complaints by the Department of justice to appropriate enforcement agencies. Also, language has been added to $ 35.190(a) of the final regulation stating that the Assistant Attorney General sh .11 provide policy guidance and interpretations to designated agencies to ensure the consistent and effective implementation of this part. Hat of Subjects in 28 CFR Part 35 Administrative practice and procedure, Alcoholism. Americans with disabilities, Buildings, Civil rights. Drug abuse, Handicapped, Historic preservation, Intergovernmental relations, Reporting and recordkeeping requirements. By the authority vested in me as Attorney General by 28 U.S.C. 509, 510, 5 U.S.C. 301, and section 204 of the Americana with Disabilities Act, and for the reasons set forth in the preamble, chapter I of title 28 of the Code of Federal Regulations is amended by adding a new part 35 to read as follows: PART 35 -NONDISCRIMINATION ON THE BASIS OF DISABILITY IN STATE AND LOCAL GOVERNMENT SERVICES Subpart A --General Sea ssmn Purpose. 35.102 Application. 35.103 Relationship to other laws. 35.104 Definitions. 35.105 Self-evaluation. 35.108 Notice. 35.107 Designation of responsible employee and adoption of grievance procedures. 35.108-35.129 [Reserved] Subpart "eneral Requirements 35.130 General prohibitions against discrimination. 35.131 Illegal use of drags. 35.132 Smoking. 35.133 Maintenance of accessible features. 35.134 Retaliation or coercion. 35.135 Personal devices and services. 35.138-35.139 [Reserved] Subpart C -Employment 35.140 Employment discrimination prohibited. 35.141-35.148 [Reserved] Subpart D -Program Accessibility 35.149 Discrimination prohibited 33.150 Existing facilities. 35.151 New construction and alterations. 35.152.35.159 [Reserved] Subpart E -Communications 35.180 General. 35.181 Telecommunication devices for the deaf (TDD's). 35.182 Telephone emergency services. 35.183 Information and signage. 35.184 Duties. as.1R5-35.189 [Reserved) Subpart F -Compliance Procedures 35.170 Complaints. 35.171 Acceptance of complaints. 35.172 Resolution of complaints. 35.173 Voluntary compliance agreements. 35.174 Referral. 35.175 Attorney's fees. 35.178 Alternative means of dispute resolution. 35.177 Effect of unavailability of technical assistance. 35.178 State immunity. 35.179-35.189 (Reserved] Subpart G -Designated Agencies 35.190 Designated agencies. 35.191-35.999 [Reserved] Appendix A to Part &S -Preamble to Regulation on Nondiscrimination on the Basis of Disability in State and Local Government Services (Published July 28. 1991) Authority: 5 U.SC. 301: 28 U.S.C. 509.510: Title IL Pub. L. 101-338 (42 U.S.C. 12134). Subpart A -General f 35.101 Purpose. The purpose of this part is to effectuate subtitle A of title 11 of the Americans with Disabilities Act of 1990. (42 U.S.C. 12131), which prohibits discrimination on the basis of disability by public entities. § 35.102 Application. (a) Except as provided in paragraph (b) of this section. this part applies to all services, programs, and activities provided or made available by public entities. (b) To the extent that public transportation services, programs, and activities of public entities are covered by subtitle B of title U of the ADA (42 U.S.C. 12141), they are not subject to the requirements of this part. 135.103 Relationship to other taws. (a) Rule of interpretation. Except as otherwise provided in this part, this part shall not be construed to apply a lesser standard than the standards applied under title V of the Rehabilitation Act of 1973 (29 U.S.C. 791) or the regulations Issued by Federal agencies pursuant to that title. (b) Other laws. This part does not invalidate or limit the remedies, rights, and procedures of any other Federal laws, or State or local laws (including State common law) that provide greater or equal protection for the rights of individuals with disabilities or individuals associated with them. 13&104 DeflMtiorn. For purposes of this part the term - Act means the Americans with Disabilities Act (Pub. L 101-336.104 Federal Register ;"0iL K ,No. 144 / Friday{ July_ 26, 1991 /'Nes and Regulations 36717 Pat. 327,42 U.S.C. 12101-12213 and 47 U.S.C. 225 and 811). Assistant Attorney General means the Assistant Attorney General, Civil Rights Division, United States Department of justice. Auxiliary aids and services includes— (1) Qualified interpreters, notetakers, transcription services, written materials, telephone handset amplifiers, assistive listening devices, assistive listening systems, telephones compatible with hearing aids, closed caption decoders, open and closed captioning, telecommunications devices for deaf persons (TDD's), videotext displays, or other effective methods of making aurally delivered materials available to Individuals with hearing impairments; (2) Qualified readers, taped texts, audio recordings, Brailled materials, large print materials, or other effective methods of making visually delivered materials available to individuals with visual impairments; (3) Acquisition or modification of equipment or devices; and (4) Other similar services and actions. Complete complaint means a written - statement that contains the complainant's name and address and describes the public entity's alleged discriminatory action in sufficient detail to inform the agency of the nature and date of the alleged violation of this part. It shall be signed by the complainant or by someone authorized to do to on his or her behalf. Complaints filed on behalf of classes or third parties shall describe or identify (by name, if possible) the alleged victims of discrimination. Current illegal use of drugs means illegal use of drugs that occurred recently enough to justify a reasonable belief that a person's drug use is current or that continuing use is a real and ongoing problem. Designated agency means the Federal agency designated under subpart of this part to oversee compliance activities under this part for particular components of State and local governments. Disability means. with respect to an individual. a physical or mental impairment that substantially limits one or more of the major life activities of such Individual; a record of such an impairment; or being regarded as having such an impairment (1)(i) The phrase physical or mental impairment means -- (A) Any physiological disorder or condition. cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: Neurological, musculoskeletal, special sense organs, respiratory (including speech organa), cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine; (B) Any mental or psychological disorder such as mental retardation. Drganic brain syndrome, emotional or mental illness, and specific learning disabilities. (ii) The phrase physical or mental impairment includes, but is not limited to, such contagious and noncontagious diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental. retardation, emotional illness, specific learning disabilities, HIV disease (whether symptomatic or asymptomatic), tuberculosis, drug addiction, and alcoholism. (iii) The phrase physical or mental Impairment does not include homosexuality or bisexuality. (2) The phrase major life activities means functions such as caring for one's selfperforming manual tasks, walking. seeing, hearing, speaking, breathing. learning, and working. (3) The phrase has a record of such an impairment means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities. (4) The phrase is regarded as hovtr;g an impairment means-- (I) eans-(i) Has a physical or mental Impairment that does not substantially limit major life activities but that is treated by a public entity as constituting such a limitation; (ii) Has, physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment; or (iii) Has none of the impairments defined in paragraph (1) of this definition but is treated by a public entity as having such an impairment. (5) The term disability does not include— (i) Transvestism. transawmalism. pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments. or other sexual behavior disorders; (ii) Compulsive gambft kleptomania, or pyromania; or (iii) Psychoactive substance use disorders resulting from current illegal use of drugs. Drug means a controlled substance, as defined in schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812). Focility means all or any portion of buildings, atructunas,.sites, complexes, equipment, rolling stock or other conveyances, roads, walks, passageways, parking lots, or other real or personal property, including the site where the building, property, structure, or equipment Is located Historic preservation programs means programs conducted by a public entity that have preservation of historic properties as a primary purpose. Historic Properties means those properties that are Hated or eligible for listing in the National Register of Historic Places or properties designated as historic under State or local law. Illegal use of dhWs means the use of one or more drugs, the possession or distribution of which is unlawful under the Controlled Substances Act (21 U.S.C. 812). The term Illegal use of &vp does not include the use of a drug taken under supervision by a licensed health care professional. or other uses authorized by the Controlled Substances Act or other provisions of Federal law. Individual with a disability means a person who has a disability. The term individual with a disability does not include an individual who U currently engaging in the illegal use of drugs, when the public entity acts on the basis of such use. Public entity means— (1) Any State or local government: (2) Any department, agency, special purpose district. or other instrumentality of a State or States or local government; and (3) The National Railroad Passenger Corporation. and any commuter authority (as defined in section 103(8) of the Rail Passenger Service Act}. Qualified individual with a disability means an individual with a disability who, with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication. or transportation barriers, or the provision of auxiliary aids and services. meets the essential eligibility requirements for the receipt of services or the participation In programs or activities provided by a public entity. Qualified lnterpreter means an interpreter who Is able to interpret effectively, accurately. and impartially both receptively and expressively. using any necessary specialized vocabulary. Section SM means section.504 of the Rehabilitation Act of 1973 (Pub. 4 93- 112, 87 Stat 394 (29 U.S.C. 79% as amended. State means each of the several States, the District of Columbia. the Commonwealth of Puerto Rico. Guam. American Samoa. the Virgin Islands, the 9�71a ledeM Re=ldfPe./ VoL 5% No. 244 J Friday. July M 299y4 Rules and Regulatlms Trust Territory of the Pacific blands, and the Commonweafth of the Northern Mariana bunds. I SLIOs $**4VeledlOR (a) A public entity shalt within one year of the effective date of this put. evaluate its current services, policim and practices, and the effects 2here4 that do not or may not meet the requirements of this part and. tea the extent modification of any such services, policies. and practices is required, the public entity shall proceed to make the necessary modifications. (b) A public entity shall provide an opportunity to bnterested persons. including individuals with disabilities or organisations repceaentiag individuals with disabalities, to participate fa the self-evainati� process by submitting comments. (c) A public entity that employs 50 or more persona shall. for at least three years following completion of the self- evaluation. maintain on file and make available for public inspection: (1) A fist of the interested persons consulted: (2) A description of areas examined and any problems identified: and (3) A description of any modifications made. (d) If a public entity has already complied with the self-evaluation requirement of a regulation implementing section W4 of the Rehabilitation Act of 199 then the requirements of this section shall apply only to those policies and practices that were not included in the previous self- evaluation. 13&106 Notice. A public entity shall make available to applicants, participants, beneficiaries, and other interested persons information regarding the provisions of this part and its applicability to the services, programs. or activities of the public entity, and make such information available to them in such manner as the head of the entity finds necessary to apprise such persons of the protections against discrimination assured them by the Act and this part. J 35.107 D"Wwtton of resparmslt>♦e employee and adoption of grievance procedures. (a) Uesignotion of responsible employee. A public entity that employs so or more persons shall designate at least one employee to coordinate its efforts to comply with and carry out Its responsibilities under this part, including any Investigation of any complaint communicated to it alleging its noncompliance with this part or alleging any scrim that would be prohibited by this part. The public enttty shall make available to ag interested individuals the name, office address. and telephone number of the employee or employees designated pursuant to this (b) Comp oint pnocvdure. A public entity that employs 50 or more persons shall adopt and publish grievance procedures providing for prompt and equitable resolution of complaints alleging an action that would be prohibited by this part. ¢J 3LIOs-9i.t29 tReearved) Subpart B --G wal Requlrementa 13 1 r�iin Ser t dlac (a) No qualified individual with • disability shall, on the basis of disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or, be subjected to discrimination by any public entity. (b) (1) A public entity. In providing any aid, benefit. or service, may not, directly or through contractualo licensing, or other arrangements, on the basis of disability— (f) Deny a qualified individual with a disability the opportainity to participate in or benefit from the aid, benefit. or service; (ii) Afford a qualified individual with a disability an opportunity to participate in or benefit from the aid, benefit, or service that is not equal to that afforded others. (iii) Provide a qualified individual with a disability with an aid benefit or service that is not as effective in affording equal opportunity to obtain the same result. to gain the same benefit, or to reach the same level of achievement as that provided to others; (iv) Provide different or separate aids, benefits, or services to individuals with disabilities or to any class of individuals with disabilities than is provided to others unless such action Is necessary to provide qualified individuals with disabilities with aids, benefits, or services that are as effective as those provided to others: (v) Aid or perpetuate discrimination against a qualified individual with a disability by providing significant assistance to an agency, organization, or person that discriminates on the basis of disability lin providing any aid benefit, or service to beneficiaries of the public entity's program; (vi) Deny a qualified Individual with a disability the opportunity to participate as a member,of planning or advisory boards; (vii) Otherwise Bmit a qualified individual with a disahility is the enjoyment of arty right. privilege. advantage. or opportunity enjoyed by others receiving the aid, benefit, or service. (2) A public entity may not deny a qualified individual with a disability the opportunity to participate in services. programs. or activities that are not separate or different. despite the existence of permissibly separate or different programs or activities. (3) A public entity may not. directly or through contractual or other arrangement&. utilise criteria or methods of administration: (i) That have the effect of subjecting qualified individuals with disabilities In discrimination on the basis of dbabilitT (ii) That have the purpose or affect of defeating or substantially impairino accompliAment of the objectives of the public entity's progim with respect to Individuals with disabilities; or (iii) That perpetuate this discrimination of anotherppaahlic entity It both public entities are sabjxt to common administrative control or are agencies of the same Stab. (4) A public entity may not. in determining the site or location of a facility,lana a selections— (I) That have the effect of excluding individuals with disabilities from denying them the benefits ofr er otherwise subjecting them to discrimination; or (if) That have the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of the service. program, or activity with respect to Individuals with disabilities. (5) A public entity, in the selection of procurement contractors. may not use criteria that subject qualified individuals with disabilities to discrimination on the basis of disability. (0) A public entity may not administer a licensing or certification program In a manner that subjects qualified Individuals with disabilities to discrimination on the basis of disability, nor may a public entity establish requirements for the programs or activities of licensees or certified entities that subject qualified individuals with disabilities to discrimination on the basis of disability. The programs or activities of entities that are licensed or certified by a public entity are not, themselves, covered by this part. (7) A public entity shall make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability, Federni Register 56, No. 144 ) Friday, July 28, 1991 1 Rules and unless the public entity can demonstrate that making the modifications would fundamentally alter the nature of the service. program, or activity. (8) A public entity shall not impose or apply eligibility criteria that screen out or teal to screen out an individual with a disability or any class of individuals with disabilities from fully and equally enjoying any service, program, or activity. unless such criteria can be shown to be necessary for the provision of the service, program6 or activity being offered. (c) Nothing in this part prohibits a public entity from providing benefits, services, or advantages to individuals with disabilities. or to a particular class of individuals with disabilities beyond those required by this part. (d) A public entity shall administer services, programs, and activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities. (e)(1) Nothing in this part shall be construed to require an Individual with a disability to accept an accommodation, aid, service, opportunity, or benefit provided under -the ADA or this part which such Individual chooses not to accept. (2) Nothing in the Act or this part authorizes the representative or guardian of an individual with a disability to decline food. water, medical treatment. or medical services for that individual. (f) A public entity may not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the costs of measurer, such as the provision of auxiliary aids or program accessibility, that are required to provide that individual or group with the nondiscriminatory treatment required by the Act or this part. (g) A public entity shall not exclude or otherwise deny equal services, programs, or activities to an individual or entity because of the known disability of an individual with whom the Individual or entity is known to have a relationship or association. 135.1!1 009W use of dn19& (a) General. (1) Except as provided in paragraph (b) of this section. this part does not prohibit discrimination against an Individual based on that Individual's current illegal use of drugs. (2) A public entity shall not discriminate on the basis of illegal use of drugs against an Individual who is not engaging in current illegal use of drugs and who— (I) Has saccessfuily completed a supervised drug rehabilitation program or has odwrvise been rehabilitated successfully. (ii) is participating in a supervised rehabilitation program; Of (iii) in erroneously regarded as engaging in such use. (b) Health and drag nehobilitatlon services. (1) A public entity shall not deny health service* or services provided in connection with drug rehabilitation, to an individual on the basis of that individual's current illegal use of drugs. if the individual b otherwise entitled to such services. (2) A drug rehabilitation or treatment program may decry participation to individuals who engage in illegal use of drugs while they are in the program. (c) Drug erg• (1) This para does not prohibit a public entity from adopting or administering reasonable policies or procedures, including but not limited !o drug testing, designed to ensure that an individual who formerly engaged In the illegal use of drugs is not now engaging in current illegal use of drugs. (2) Nothing in paragraph (c) of this section shall be construed to encmaga, prohibit, restrict. or authorize the conduct of testing for the illegal use of drugs. 135.132 Smoking. This part does not preclude the prohibition at or the imposition of restrictions on. old- transportation covered by this part. 135.133 matcrtenance of aceessibia features. (a) A public accommodation shall maintain in operable working condition those featmea ad facilities and equipment that are required to be readily accessible to and usable by persons with disabilities by the Act or this part (b) This section does not prohibit Isolated or temporary interruptions In service or access due to maintenance or repairs. 135.134 Retaiatton ar coercion. (a) No private or public entity shall discriminate against any Individual because that individual has opposed any act or practice made unlawful by this part, or because that individual made a charge, testified. assisted, or participated in any manner in an investigation, proceeding, or hearing under the Act or this part (b) No private or public entity shall coerce, intimidate, threaten, or interfere with any Individual in the exercise or - enjoyment at or on account of his or her having exercised or enjoyed or on account of his or her having aided or encouraged any other Individual In the 35719 ,;,cercise or enjoyment of, any right granted or protected by the Act or this part 1 Si18S ftrsoed d A4M and servioss. This part does not require a public entity to provide to individuals with disabilities personal devices, such as wheelchairs; individually prescribed devices, such as prescription eyeSlasses or kera&,i alder, readers for personal use or study; or services of a personal nature including assistance to eatin& toileting, or dressing. 11 Si.1994LM (Reserved) Subpart C—EMPIQ lWAM 185.140 Empbyment dsAW natkM No qualified individual with to disability shall. on the basis of disability. be subjected to discrimination in employment under any servim prograw, or activity conducted by a public entity. (b)(1) For purposes of this part. the requirements of title I of the Act, as established by the regulations of the Equal Employment Opportunity Commission In 29 CFR part 1830. apply to employment to any service, program6 or activity conducted by a public entity if that public enthY is also subject to the jurisdiction of tide L (2) For the purposes of t!>ja part, the requirements of section 504 of the Rehabilitation Act of SM as established by the regulations of the Department of justice ion 28 Crit part 41, as those requirements pertain to employment. apply to employment in any service, program. or activity conducted by a public entity if that public entity is not also subject to the jurisdiction of title L 1135.141 -MUS IReserwdl Subpart 0—*ropnm ACaess"ty 135.149 060=11aMr tlop gro1r1b " Except as otherwise provided In 135.150, no qualified individual with a disability shall. because a public entity's facilities are inaccessible to or unusable by individuals with disabilities. be excluded from participation in. or be denied the benefits of the services. programs, or activities of a public entity, or be subjected to discrimination by any public entity. 136.150 Er IS" lsemaee. (a) Geneml. A public entity shall operate each service, program. or activity so that the service, program, or activity, when viewed in its entirety. is readily accessible to and usable by 35720 Federal Register / Vol. 56, No. 144 / Friday, July 26, 199 / Rules and Regulations ' individuals with disabilities. Th.. paragraph does not -- (1) Necessarily require a public entity to make each of its existing facilities accessible to and usable by individuals with disabilities; (2) Require a public entity to take any action that would threaten or destroy the historic significance of an historic property; or (3) Require a public entity to take any action that it can demonstrate would result in a fundamental alteration in the nature of a service, program, or activity or to undue financial and administrative burdens. In those circumstances where personnel of the public entity believe that the proposed action would fundamentally alter the service, program, or activity or would result in undue financial and administrative burdens, a public entity has the burden of proving that compliance with 135.150(a) of this part would result in such alteration or burdens. The decision that compliance would result in such alteration or burdens must be made by the head of a public entity or his or her designee after considering all resources available for use in the funding and operation of the service, program, or activity, and must be accompanied by a written statement of the reasons for reaching that conclusion. If an action would result in such an alteration or such burdens, a public entity shall 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 or services provided by the public entity. (b) Methods—{1) General. A public entity may comply with the requirements of this section through such means as redesign of equipment, reassignment of services to accessible buildings, assignment of aides to beneficiaries, home visits, delivery of services at alternate accessible sites, alteration of existing facilities and construction of new facilities, use of accessible rolling stock or other conveyances, or any other methods that result in making its services, programs, or activities readily accessible to and usable by individuals with disabilities. A public entity is not required to make structural changes in existing facilities where other methods are effective in achieving compliance with this section. A public entity, in making alterations to existing buildings, shall meet the accessibility requirements of 135.151. In choosing among available methods for meeting the requirements of this section, a public entity shall give priority to those methods that offer services, programs, and activities to qualified individuals with disabilities in the most integrated setting appropriate. (2) Historic preservation programs. In meeting the requirements of 1 35.150(a) in historic preservation programs, a public entity shall give priority to methods that provide physical access to individuals with disabilities. In cases where a physical alteration to an historic property Is not required because of paragraph (a)(2) or (a)(3) of this section, alternative methods of achieving program accessibility Include— (i) Using audio-visual materials and devices to depict those portions of an historic property that cannot otherwise be made accessible; (ii) Assigning persons to guide individuals with handicaps into or through portions of historic properties that cannot otherwise be made accessible; or (iii) Adopting other innovative methods. (c) Time period for compliance. Where structural changes in facilities are undertaken to comply with the obligations established under this section, such changes shall be made within three years of January 28,1992, but in any event as expeditiously as possible. (d) 7}nnsition plan. (1) In the event that structural changes to facilities will be undertaken to achieve program accessibility, a public entity that employs 5o or more persons shall develop, within six months of January 28,1992, a transition plan setting forth the steps necessary to complete such changes. A public entity shall provide an opportunity to interested persons, including individuals with disabilities or organizations representing individuals with disabilities, to participate in the development of the transition plan by submitting comments. A copy of the transition plan shall be made available for public inspection. (2) If a public entity has responsibility or authority over streets, roads, or walkways. Its transition plan shall include a schedule for providing curb ramps or other sloped areas where pedestrian walks cross curbs, giving priority to walkways serving entities covered by the Act. including State and local government offices and facilities, transportation. places of public accommodation, and employers, followed by walkways serving other areas. (3) The plan shall, at a minimum— (i) Identify physical obstacles in the public entity's facilities that limit the accessibility of its programs or activities to individuals with disabilities; (ii) Describe in detail the methods that will be used to make the facilities accessible; (iii) Specify the schedule for taking the steps necessary to achieve compliance with this section and, if the time period of the transition plan is longer than one year, identify steps that will be taken during each year of the transition period; and (iv) Indicate the official responsible for implementation of the plan. (4) If a public entity has already complied with the transition plan requirement of a Federal agency regulation implementing section 504 of the Rehabilitation Act of 1973, then the requirements of this paragraph (d) shall apply only to those policies and practices that were not included in the previous transition plan. 1 35.151 New corstructlon and alterations. (a) Design and construction. Each facility or part of a facility constructed by, on behalf of, or for the use of a public entity shall be designed and constructed in such manner that the facility or part of the facility is readily accessible to and usable by individuals with disabilities, If the construction was commenced after January 26,1992. (b) Alteration. Each facility or part of a facility altered by, on behalf of, or for the use of a public entity in a manner that affects or could affect the usability of the facility or part of the facility shall. to the maximum extent feasible, be altered in such manner that the altered portion of the facility is readily accessible to and usable by individuals with disabilities, if the alteration was commenced after January 26,1992. (c) Accessibility standards. Design, construction, or alteration of facilities in conformance with the Uniform Federal Accessibility Standards (UFAS) (Appendix A to 41 CFR part 101-19.6) or with the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (ADAAG) (Appendix A to 28 CFR part 36) shall be deemed to comply with the requirements of this section with respect to those facilities, except that the elevator exemption contained at section 4.1.3(5) and section 4.1.6(1)0) of ADAAG shall not apply. Departures from particular requirements of either standard by the use of other methods shall be permitted when it is clearly evident that equivalent access to the facility or part of the facility is thereby provided. (d) Alterations: Historic properties. (1) Alterations to historic properties shall comply, to the maximum extent feasible, with section 4.1.7 of UFAS or section 4.1.7 of ADAAG. Federal Register (2) If it is not feasible to provide physical access to an historic property in a manner that will not threaten or destroy the historic significance of the building or facility, alternative methods of access shall be provided pursuant to the requirements of 135.150. (e) Curb ramps. (1) Newly constructed or altered streets, roads, and highways must contain curb ramps or other sloped areas at any intersection having curbs or other barriers to entry from a street level pedestrian walkway. (2) Newly constructed or altered street level pedestrian walkways must contain curb ramps or other sloped areas at intersections to streets, roads, or highways. ¢§ 35.152-35.159 [Reserved] Subpart E --Communications ¢ 35.160 General. (a) A public entity shall take appropriate steps to ensure that communications with applicants, participants, and members of the public with disabilities are as effective as communications with others. (b)(1) A public entity shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in, and enjoy the benefits of, a service, program, or activity conducted by a public entity. (2) In determining what type of auxiliary aid and service is necessary, a public entity shall give primary consideration to the requests of the individual with disabilities. 135.161 Telecommunication devices for the deaf (TDD's} Where a public entity communicates by telephone with applicants and beneficiaries, TDD's or equally effective telecommunication systems shall be used to communicate with individuals with impaired hearing or speech. ¢ 35.162 Telephone emergency servlces. Telephone emergency services, including 911 services, shall provide direct access to individuals who use TDD's and computer modems. 135.163 Information and signage. (a) A public entity shall ensure that interested persons, including persons with impaired vision or hearing, can obtain information as to the existence and location of accessible services, activities, and facilities. (b) A public entity shall provide signage at all inaccessible entrances to each of its facilities, directing users to an accessible entrance or to a location at which they can obtain information 56, No. 144 / Friday, j ly 26, 1991 / Rules and about accessible facilities. The international symbol for accessibility shall -be used at each accessible entrance of a facility. ¢ 35.164 Duties. This subpart does not require a public entity to take any action that it can demonstrate would result in a fundamental alteration in the nature of a service, program, or activity or in undue financial and administrative burdens. In those circumstances where personnel of the public entity believe that the proposed action would fundamentally alter the service, program, or activity or would result In undue financial and administrative burdens, a public entity has the burden of proving that compliance with this subpart would result in such alteration or burdens. The decision that compliance would result in such alteration or burdens must be made by the head of the public entity or his or her designee after considering all resources available for use in the funding and operation of the service, program, or activity and must be accompanied by a written statement of the reasons for reaching that conclusion. If an action required to comply with this subpart would result in such an alteration or such burdens, a public entity shall take any other action that would not result in such an alteration or such burdens but would nevertheless ensure that, to the maximum extent possible, individuals with disabilities receive the benefits or services provided by the public entity. §§ 35.165-35.169 [Reserved] Subpart F—Compliance Procedures ¢ 35.170 Complaints. (a) Who may file. An individual who believes that he or she or a specific class of individuals has been subjected to discrimination on the basis of disability by a public entity may, by himself or herself or by an authorized representative, file a complaint under this part (b) Time for filing. A complaint must be filed not later than 180 days from the date of the alleged discrimination, unless the time for filing is extended by the designated agency for good cause shown. A complaint is deemed to be filed under this section on the date it is first filed with any Federal agency. (c) Where to file. An individual may file a complaint with any agency that he or she believes to be the appropriate agency designated under subpart G of this part, or with any agency that provides funding to the public entity that is the subject of the complaint, or with 35721 ,ne Department of justice for referral an provided In i 35.171(a)(2). ¢ 35.171 Acceptance of complaints. (a) Receipt of complaints. (1)(i) Any Federal agency that receives a complaint of discrimination on the basis of disability by a public entity shall promptly review the complaint to determine whether it has jurisdiction over the complaint under section 604. (ii) If the agency does not have section 504 jurisdiction, it shall promptly determine whether it is the designated agency under subpart G of this part responsible for complaints filed against that public entity. (2)(i) If an agency other than the Department of justice determines that it does not have section 504 jurisdiction and is not the designated agency, it shall promptly refer the complaint, and notify the complainant that it is referring the complaint to the Department of justice. (ii) When the Department of justice receives a complaint for which it does not have jurisdiction under section 504 and is not the designated agency, it shall refer the complaint to an agency that does have jurisdiction under section 504 or to the appropriate agency designated in subpart G of this part or, in the case of an employment complaint that is also subject to title I of the Act, to the Equal Employment opportunity Commission. (3)(1) If the agency that receives a complaint has section 504 jurisdiction, it shall process the complaint according to its procedures for enforcing section 504. (ii) If the agency that receives a complaint does not have section 504 jurisdiction, but is the designated agency, it shall process the complaint according to the procedures established by this subpart (b) Emplganent complaints. (1) ]f a complaint alleges employment discrimination subject to title I of the Act, and the agency has section 504 jurisdiction, the agency shall follow the procedures issued by the Department of justice and the Equal Employment Opportunity Commission under section SO7(b) of the Act (2) If a complaint alleges employment discrimination subject to title I of the Act, and the designated agency does not have section 504 jurisdiction, the agency shall refer the complaint to the Equal Employment Opportunity Commission for processing under title I of the Act (3) Complaints alleging employment discrimination subject to this part. but not to title I of the Act shall be processed in accordance with the procedures established by this subpart (c) Complete complaint& (1) A designated agency shall accept all 35722 Federal Register / poi. bb, fru. 144 / kriLloy, )u;} complete complaints under this s n and shall promptly notify the complainant and the public entity of the receipt and acceptance of the complaint. (2) If the designated agency receives a complaint that is not complete, it shall notify the complainant and specify the additional information that is needed to make the complaint a complete complaint. If the complainant fails to complete the complaint, the designated agency shall close the complaint without prejudice. 135.172 Resolution of con bk*-.. (a) The designated agency shall investigate each complete complaint attempt informal resolution, and, if resolution is not achieved, issue to the complainant and the public entity a Letter -of Findings that shall Include— (1) Findings of fact and conclusions of law; (2) A description of a remedy for each violation found and (3) Notice of the rights available under paragraph (b) of this section. (b) If the designated agency finds noncompliance. the procedures in 14 35.173 and 35.174 shall be followed. At any time, the complainant may file a private suit pursuant to section Zai of the Act. whether or not the designated agency finds a violation. 135.173 Volntary Cou>ap6WWO agreements. (a) When the designated agency issues a noncompliance Letter of Findings, the designated agency shall— (i) Notify the Assistatit Attorney General by forwarding a copy of the Letter of Findings to the Assistant Attorney General; and (2) Initiate negotiations with the public entity to secure compliance by voluntary means. (b) where the designated agency is able to secure voluntary compliarfoe. the voluntary compliance agreement shall— (1) Be in writing and signed by the parties: (2) Address each cited violation: (3) Specify the corrective or remedial action to be take% within a stated period of time, to come into compliance: (4) Provide assurance that discrimination will not recur, and (5) Provide for enforcement by the Attorney General. 135.174 ReNaaL If the public entity declines to enter into voluntary compliance negotiations or if negotiations are unsuccessful. the designated agency shall refer the matter to the Attorney General with a recommendation for appropriate action. 136.175 AttoMf tees. In any action or administrative proceeding commenced pursuant to the Act or this part, the court or agency, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee, including litigation expenses, and costs, and the United States shall be liable for the foregoing the same as a private individual. ^services, programs, or activities in the following functional areas. (i) Department of Agriculture: All programs, services, and regulatory activities relating to farming and the raising of livestock, including extension services. 135.176 Alternative means of dbpute resolution. Where appropriate and to the extent authorized by law, the use of alternative means of dispute resolution, including settlement negotiations, conciliation. facilitation, mediation. factfmding, minitrials, and arbitration, is encouraged to resolve disputes arising under the Act and this part. 135.177 Effect of unavagabOty of teMNcal assistance. A public entity shall not be excused from compliance with the requirements of this part because of any failure to receive technical assistance, including any failure in the development or dissemination of any technical assistance manual authorized by the Act. 135.176 State immunity. A State shall not be immune under the eleventh amendment to the Constitution of the United States from an action in Federal or State court of competent jurisdiction for a violation of this Act. In any actiop against a State for a violation of the requirements of this Act, remedies (including remedies both 9t law and in equity) are available for such a violation to the same extent as such remedies are available for such a violation in an action against any public or private entity other than a State. 1135.179-35.169 [Reserved) Subpart O—Dealgnated Agencies 135.190 Designated agencies. (a) The Assistant Attorney General shall coordinate the compliance activities of Federal agencies with respect to State and local government components, and shall provide policy guidance and interpretations to designated agencies to ensure the consistent and effective Implementation of the requirements of this part. (b) The Federal agencies listed in paragraph (b) (1) through (8) of this section shall have responsibiYIty for the implementation of subpart F of this part for components of State and local governments that exercise responsibilities. regulate, or administer (2) Department of Education: All programs, services, and regulatory activities relating to the operation of elementary and secondary education . systems and institutions, institutiont of higher education and vocational education (other than schools of medicine, dentistry, nursing, and other health-related schools), and libraries. (3) Department of Health and Human Services: All programs, services, and regulatory activities relating to the provision of health care and social services, including schools of medicine, dentistry, nursing, and other health- related schools, the operation of health care and social service providers and institutions, including "grass-roots" and community services organizations and programs, and preschool and daycare programs. (4) Department of Housing and Urban Development: All programs, services, and regulatory activities relating to state and local public housing, and housing assistance and referral. (5) Department of Interior. All programs, services, and regulatory activities relating to lands and natural resources, including parks and recreation. water and waste management, environmental protection. energy, historic and cultural preservation, and museums. (6) Department of fustice: All programs. services. and regulatory activities relating to law enforcement, public safety, and the administration of justice. including courts and correctional institutions: commerce and industry. including general economic development, banking and finance, consumer protection. insurance, and small business; planning, development, and regulation (unless assigned to other designated agenciesj: state and 10011 government support services (e.g., audit. personnel. comptroller. administrative services); all other government functions not assigned to other designated agencies. (7) Deportment of Labor. All programs, services. and regulatory activities relating to labor and the work force. (8) Department of Transportation: All programs, services. and regulatory activities relating to transportation. including highways. public transportation. traffic management (non- law enforcement), automobile licence and inspection, and driver licensing. (c) Responsibility for the implementation of subpart F of this part for components of State or local governments that exercise responsibilities, regulate, or administer services, programs, or activities relating to functions not assigned to specific designated agencies by paragraph (b) of this section may be assigned to other specific agencies by the Department of justice. (d) If two or more agencies have aDvarent responsibility over a -U.S. Gorwwwd Pftk#Q OMoe: 1981 — 282-678/U" complaint, the Assistant Attorney General shall determine which one of the agencies shall be the designated agency for purposes of that complaint. §§ 35.191-35.999 [Reserved] Appendix A to Part 35—Preamble to Regulation on Nondiscrimination on the Basis of Disability in State and Local Government Services (Pub9shed July K 1991) Note: For the convenience of the reader. this appendix contains the toxt of the preamble to the final regulation on nondiscrimination on the basis of disability in State and local government services inning at the heading "Section -by -Section .clysis" and ending before "Litt of Subjects in 28 CFR Part 35" (58 FR (INSERT FR PAGE CITATIONS); July 26. 1991). Dated: July 17,1991. Dick 'Thornburgh, Attorney General. [FR Doc 91-17388 Filed 7-25-91; 8:45 am] sa uw CODE 441"1-n 'A"*1 THE CITY LEADERS INSTITUTE Americans with Disabilities Act (ADA), [Public Law 101-336] The act was passed in December 1990 and various federal agencies are now writing final regulations which should be issued to State Agencies and Cities by July 26, 1991 (Generally) Some regulations will be issued in January 1992. Overall, the new regulations will become effective on July 26, 1992 for Cities (and businesses) with 25 or more employees. July 26, 1994 for employers with 15 to 24 employees. The Americans with Disabilities Act (ADA) is modeled after the Civil Rights Act of 1964 and rued acts. The Act gives Civil Rights protection to individuals with disabilities similar to those provided to individuals on the basis of race,, color, sex, national origin, and religion. It guarantees equal opportunity for individuals with disabilities in the following areas: 9 Public Accommodations Employment • Transportation e State and localgovernment services o. Telecommunications 1 Q. Who is protected against disability discrimination? A. An Individual with a Disability. The ADA defines an "individual with a disability" as a person who has -a pby-ical or mental impairment that substantially limits one or more major life activities such as: e Walking e Seeing s Hearing a Speaking e Breathing e A record of such an impairment e Performing manual tasks e Learning e Caring for oneself e Working e Attention Deficit e Is regarded as having such an impairment e Persons discriminated against because they have a known association or relationship with a disabled individual also are protected. An individual with epilepsy, paralysis, history of cancer that is in remission, a substantial hearing or visual ' imparament or learning disability, or history of mental illness, etc. would be covered. An individual with a minor, nonchronic condition of short duration (sprain, infection, broken Nmb) would not be covered. z 1 AREA ONE - PUBLIC ACCOMMODATIONS • No dimity discrimination in public areas such as: libraries, perks, City Hall, public buildings, restaurants, medical offices, retail stores, etc. • Cities (and businesses) will have to provide auxiliary aids and. services such as: qualified interpreters, assistive listening devices, note takers, qualified readers, taped texts, written materials for the hearing impaired, Braille or large print materials for the visually impaired, etc. (unless undue hardship) • In existing facilities, barriers must be removed when it is "easily accomplishable and able to be carried out without much difficulty or expense." i® s Ramp a few steps a Lower phones, drink -i s • Re -arrange office furniture, signs • Retrofit- latches and dooropenings Business • ADA allows persons to litigate when they have reasonable belief that discrimination is about to occur.: (proposed . ) • ADA allows and encourages Cities to "certify" their building codes/ordinances to provide "rebuttable evidence,' that local codes most or exceed, ADA. • Elevators may not be needed. < 3 floors 1 < 3000 sq.ft./floor • New UFAS - Uniform Federal Aocessibft :Standards are being developed for all new construction. • Provisions become effective on January 26, 1992. Enforcement through private lawsuits and the U.S. Attorney General, civil penal. s AREA TWO - EMPLOYMENT • ADA requires equal opportunity in selection, testing and hiring of qualified applicants with disabilities. <. .I-," The term "qualified applicant with a "' disability" means an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires. The term "reasonable accommodation" may include: (1) Making existing facilities used by employees readily accessible to and usable by individuals with disabilities (2) Job restructuring, part-time, modified work or reassignment (3) Acquisition or modification of equipment or devices (4) Modifications to examinations, training materials or policies (5) The provision of qualified readers or interpreters s ADA -requires equal treatment in promotion and benefits and reasonable accommodation for applicants and workers with disabilities when such accommodations would not impose "undue hardship." • Employers may NOT make pre-employment inquiries about an applicant's disability or conduct pre-employment medical exams. They may ask if applicants can perform specific job functions and may condition a job offer on results of a medical exam, but only if the exam is required for all entering employees in similar jobs. • Job applicants with AIDS are covered by ADA provisions. e Enforcement is through the Equal Employment Opportunity Commission. Regulations due July 26, 1991; effective 7/92 4 AREA THREE TRANSPORTATION Major Transportation Provisions 0 Newly purchased and leased bus and rail vehicles must be fully accessible and equipped for patrons with multiple disabilities. For publicly -funded systems, this requirement is already in effect. • New bus and rail facilites must be accessible. In major structural aeration, a path of travel to altered areas and restrooms serving altered areas must be accessible. • Public,, transit authorities must provide comparable, sear (para transit) to individuals who cannot use fixed route bus systems unless it would pose an undue burden. • The Architectural and Transportation Barriers Compliance Board and the Department of Transportation will issue regulations on January 26, 'lam, and enforce compliance. 5 n AREA FOUR - STATE AND LOCAL GOVERNMENT SERVICES • Non-discrimination in personnel recruitment, hiring, personnel management and advancement, disciplinary action and termination practices. • All government facilities, services, and communications must be accessible consistent with the requirements of Section 504 of the Rehabilitation Act of 1973. • Individuals may file complaints with Federal agencies to be designated by the Attorney General or initiate private lawsuits. • U.S. Department of Housing and Urban -Development (HUD) - State of Wyoming Community Development Block Grant Program (WCDBG) is coordinating all Section 504 training and compliance enforcement. • HUD requires Wyoming cities to demonstrate compliance ianc with Section 504 as a condition of applying for and receiving CDBG. • ADA - requirements become effective on January 26, 1992 - Section 504 compliance is current and ongoing with increased monitoring and verification by WCDBG staff. • Cities must take all reasonable and necessary steps to ensure that, persons with disabilities enjoy the full benefits of local government services and programs. 6 AREA FIVE - TELECOMMUNICATIONS. e ADArequires the establishment of telephone relay services for individuals who use Telecommunications Devices for the Deaf (TDD's) or similar devices. The Federal Communications Commission will issue regulations specifying standards for the operation of these services by July 26, 1993. s City staff must be trained in TDD or similar device operation and services. e The Federal Communications Commission is responsible for regulations which should be available July 26, 1991 . In July 1993 regulations regarding relay services will become effective. Individuals may file complaints with The Federal Communications Commission for enforcement. SUMMARY RECOMMENDATIONS 1. Ask your City Attorney / Manager / Personnel Officer to obtain a copy of ADA - Document No. 869-010-000-96-1. Cost is $1.50. Mail check to Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. 2. Make sure that your Personnel Officer has reviewed the ADA employment regulations. (July 26, 1991) Make sure they are incorporating ADA into your personnel policies. 3. Organize a local "ADA Committee" and direct them to conduct an assessment of all City owned facilities for accessibility compliance. Ask for a summary report with needs and costs. 4. Ask a key staff person to research the cost and availability of providing auxiliary services such as: taped, large print, and Braille ordinances, qualified readers and interpreters, and listening devices. 5. Ask your building inspector to coordinate the ficertificationIf process of your local building code/ordinances. 6. Anticipate additional staff development and training funds in your, 1992-93 budget specifically for ADA awareness and compliance implementation. 7. Seek and consider input from your City Attorney and insurance advisors before you stipulate medical examinations as an employment entrance requirement. 8. Consider retaining a consulting firm to conduct an ADA Assessment of your total operations to help your staff. 9. Schedule a work session with your City Attorney and Personnel Officer and have them pinpoint your weak areas. 10. Don't fret ... proceed with confidence... prepare for change. 1 w W FOR ADDITIONAL INFORMATION ON THE ADA CONTACT: Office on the Americans with Disabilities Act Civil Rights Division Department of Justice P.O. Box 66118 Washington, D.C. 20035-6118 (202) 514-0301 (Voice) (202) 514-0381 (TDD) (202) 514-0383 (TDD) Wyoming RSA Region Number 8 (307) 777-7385 Joan B. Watson (Ms.) Administrator Division of Vocational State Board Dept. of Employment 1100 Herschler Bldg. Cheyenne, Wyoming 82002 For more specific information about ADA requirements affecting employment contact: Equal Employment Opportunity Commission 1801 L Street NW Washington, DC 20507 800 -USA -EEOC (Voice) 800-800-3302 (TDD) For more specific information about ADA requirements affecting transportation contact: Department of Transportation 400 Seventh Street SW Washington, DC 20590 (202) 366-9305 (TDD) (202) 755-7687 For more specific information about requirements for accessible design in new construction and alterations contact: Architectural and Transportation Barriers Compliance Board 1111 18th Street NW Suite 501 Washington, DC 20036 800 -USA -ABLE 800 -USA -ABLE (TDD) For more specific information about ADA requirements affecting telecommunications contact: Federal Communications Commission 1919 M Street NW Washington, DC 20554 (202) 634-1837 (202) 632-1836 (TDD) 9 ll� s P.L. 101-33-6 Americans With Disabilities Act of 1990 SECTION 1. SHORT TITLE; TABLE'OF CONTENTS. (a) SHORT TITLE. -This Act may be cited as the "Americans with Disabilities Act of 1990". (b) TABLE OF CONTENTS. -The table of contents_ is as follows: _. Sec. 1. Short title, table of contents. Sec. 2. Findings and purposes. Sec. 3. Definitions. TITLE I -EMPLOYMENT Sec. 101. Definitions. Sec. 102. Discrimination. Sec. 103. Defenses. Sec. 104. Illegal use of drugs and alcohol. Sec. 105. Posting notices. Sec. 106. Regulations. Sec. 107. Enforcement. Sec. 108. Effective date. TITLE II -PUBLIC SERVICES Subtitle A -Prohibition Against Discrimination and Other Generally Applicable Provisions Sec. 201. Definition. ---- Sec. 202. Discrimination. Sec. 203. Enforcement. Sec. 204. Regulations. Sec. 205. Effective date. Subtitle B -Actions Applicable to Public Transportation Provided by Public Entities Considered Discriminatory Part 1 -Public Transportation Other Than by Aircraft or Certain Rail Operations Sec. 221. Definitions. Sec. 222. Public entities operating fixed route systems. Sec. 223. Paratransit as a complement to fix- ed route service. Sec. 224. Public entity operating a demand responsive system. Sec. 225. Temporary relief where lifts are unavailable. Sec. 226. New facilities. Sec. 227. Alterations of existing facilities. Sec. 228. Public transportation programs and activities in existing facilities and one car per train rule. Sec. 229. Regulations. Sec. 230. Interim accessibility requirements. Sec. 231. Effective date. MRKLIFE 32 Part 11 -Public Transportation by Intercity and Commuter Rail Sec. 241. Definitions. Sec. 242. Intercity and commuter rail actions considered discriminatory. Sec. 243. Conformance of accessibility standards. Sec. 244. Regulations. Sec. 245. Interim accessibility requirements. Sec. 246. Effective date. TITLE III -PUBLIC ACCOMMODATIONS AND SERVICES OPERATED BY PRIVATE ENTITIES Sec. 301. Definitions. Sec. 302. Prohibition of discrimination by public accommodations. Sec. 303. New construction and alterations in public accommodations and commercial facilities. Sec. 304. Prohibition of discrimination in specified public transportation services provid- ed by private entities. Sec. 305. Study. Sec. 306. Regulations. Sec. 307. Exemptions for private clubs and religious organizations. Sec. 308. Enforcement. Sec. 309. Examinations and courses. Sec. 310. Effective date. TITLE IV -TELECOMMUNICATIONS Sec. 401. Telecommunication relay services for hearing-impaired and speech -impaired individuals. Sec. 402. Closed -captioning of public service announcements. TITLE V -MISCELLANEOUS PROVISIONS Sec. 501. Construction. Sec. 502. State immunity. Sec. 503. Prohibition against retaliation and coercion. Sec. 504. Regulations by the Architectural and Transportation Barriers Compliance Board. Sec. 505. Attorney's fees. Sec. 506. Technical assistance. Sec. 507. Federal wilderness areas. Sec. 508. Transvestites. Sec. 509. Coverage of Congressional and the agencies of the legislative branch. Sec. 510. Illegal use of drugs. Sec. 511. Definitions. Sec. 512. Amendments to the Rehabilitation Act. Sec. 513. Alternative means of dispute resolution. Sec. 514. Severability. SEC. 2. FINDINGS AND PURPOSES. - (a) FINDINGS. -The Congress finds that - (1) some 43,000,000 Americans have one or more physical or mental disabilities, and this number is increasing as the population as a whole is growing older (2) historically, society has tended to isolate and segregate individuals with disabilities, and, despite some improvements, such forms of discri- mination against individuals with disabilities con- tinue to be a serious and pervasive social problem; (3) discrimination against individuals with disabilities persists in such critical areas as employ. ment, housing, public accommodations, educa- tion, transportation, communication, recreation, institutionalization, health services, voting, and access to public services; (4) unlike individuals who have experienced discrimination on the basis of race, color, sex, na- tional origin, religion, or age, individuals who have experienced discrimination on the basis of disability have often had no legal recourse to redress such discrimination; (5) individuals with disabilities continually encounter various forms of discrimination, in- cluding outright intentional exclusion, the discriminatory effects of architectural, transpor- tation, and communication barriers, overprotec- tive rules and policies, failure to make modifica- tions to existing facilities and practices, exclu- sionary qualification standards and criteria, segre- gation, and relegation to lesser services, programs, activities, benefits, jobs, or other opportunities; (6) census data, national polls, and other studies have documented that people with disabilities, as a group, occupy an inferior status in our society, and are severely disadvantaged socially, vocationally, economically, and educationally; (7) individuals with disabilities are a discrete and insular minority who have been faced with restrictions and limitations, subjected to a history of purposeful unequal treatment, and relegated to a position of political powerlessness in our society, based on characteristics that are beyond the control of such individuals and resulting from stereotypic assumptions not truly indicative of the individual ability of such individuals to par- ticipate in, and contribute to, society; (8) the Nation's proper goals regarding in- dividuals with disabilities are to assure equality of opportunity, full participation, independent liv- ing, and economic self-sufficiency for such in- dividuals; and (9) the continuing existence of unfair and un- necessary discrimination and prejudice denies people with disabilities the opportunity to com- pete on an equal basis and to pursue those op- portunities for which our free society is justifiably famous, and costs the United States billions of dollars in unnecessary expenses resulting from dependency and nonproductivity. (b) PURPOSE.–It is the purpose of this Act - (1) to provide a clear and comprehensive na. tional mandate for the elimination of discrimina- tion against individuals with disabilities; (2) to provide clear, strong, consistent, en- forceable standards addressing discrimination against individuals with disabilities; (3) to ensure that the Federal Government plays a central role in enforcing the standards established in this Act on behalf of individuals with disabilities; and (4) to invoke the sweep of congressional authority, including the power to enforce the fourteenth amendment and to regulate com- merce, in order to address the major areas of discrimination faced day -today by people with disabilities. SEC. 3. DEFINITIONS. As used in this Act: (1) AUXILIARY AIDS AND SERVICES.– The term "auxiliary aids and services" includes - (A) qualified interpreters or other effec- tive methods of making aurally delivered materials available to individuals with hearing impairments; (B) qualified readers, taped texts, or other effective methods of making visually delivered materials available to individuals with visual impairments; (C) acquisition or modification of equip- ment or devices; and (D) other similar services and actions. (2) DISABILITY.–The term "disability" means, with respect to an individual - (A) a physical or mental impairment that substantially limits one or more of the major life activities of such individual; (B) a record of such an impairment; or (C) being regarded as having such an impairment. (3) STATE.–The term "State" means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands. TITLE i—EMPLOYMENT SEC. 101. DEFINITIONS As used in this title: (1) COMMISSION.—The term "Commis- sion" means the Equal Employment Opportunity Commission established by section 705 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-4). (2) COVERED ENTITY.—The term "covered entity" means an employer, employ- ment agency, labor organization, or joint labor- management committee. (3) DIRECT THREAT.—The term "direct threat" means a significant risk to the health or safety of others that cannot be eliminated by reasonable accommodation. (4) EMPLOYEE.—The term "employee' means an individual employed by an employer. (5) EMPLOYER.— (A) IN GENERAL.—The term "employer' means a person engaged in an industry affecting commerce who has 15 or more employees for each working day in each of 20 or more calen- dar weeks in the current or preceding calendar year, and any agent of such person, except that, for two years following the effective date of this title, an employer means a person engaged in an industry affecting commerce who has 25 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding year, and any agent of such person. (B) EXCEPTIONS.—The term "employer" does not include - (i) the United States, a corporation wholly owned by the government of the United States, or an Indian tribe; or (ii) a bona fide private membership club (other than a labor organization) that is exempt from taxation under section 501(c) of the Inter- nal Revenue Code of 1986. (6) ILLEGAL USE OF DRUGS.— (A) IN GENERAL.—The term "illegal use of drugs" means the use of drugs, the possession or distribution of which is unlawful under the Controlled Substances Act (21 U.S.C. 812). Such term does not include the use of a drug taken under supervision by a licensed health care pro- fessional, or other uses authorized by the Con- trolled Substances Act or other provisions of Federal law. (B) DRUGS.—The term "drug" means a controlled substance, as defined in schedules I through V of section 202 of the Controlled Substances Act. (7) PERSON ETC.—The terms "person", "labor organization", "employment agency", "commerce", and "industry affecting commerce", shall have the same meaning given such terms in section 701 of the Civil Rights Act of 1964 (42 U.S.C. 2000e). (8) QUALIFIED INDIVIDUAL WITH A DISABILITY.—The term "qualified individual with a disability" means an individual with a disability who, with or without reasonable accom- modation, can perform the essential functions of the employment position that such individual holds or desires. For the purposes of this title, con. sideration shall be given to the employer's judg- ment as to what functions of a job are essential, and if an employer has prepared a written descrip- tion before advertising or interviewing applicants for the job, this description shall be considered evidence of the essential functions of the job. (9) REASONABLE ACCOMMODATION. —The term "reasonable accommodation" may include - (A) making existing facilities used by employees readily accessible to and usable by in- dividuals with disabilities; and (B) job restructuring, part-time or modified work schedules, reassignment to a vacant posi- tion, acquisition or modification of equipment or devices, appropriate adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities. (10) UNDUE HARDSHIP.— (A) IN GENERAL.—The term "undue hardship" means an action requiring significant difficulty or expense, when considered in light of the factors set forth in subparagraph (B). (B) FACTORS TO BE CONSIDERED.— In determining whether an accommodation would impose an undue hardship on a covered entity, factors to be considered include - (i) the nature and cost of the accom- modation needed under this Act, (ii) the overall financial resources of the facility or facilities involved in the provision of the reasonable accommodation; the number of persons employed at such facility; the effect on expenses and resources, or the impact otherwise of such accommodation upon the operation of the facility; (iii) the overall financial resources of the covered entity; the overall size of the business of a covered entity with respect to the number of its employees; the number, type, and location of its facilities; and (iv) the type of operation or operations of the covered entity, including the composition, structure, and functions of the workforce of such entity; the geographic separateness, ad- ministrative, or fiscal relationship of the facility or facilities in question to the covered entity. SEC. 102. DISCRIMINATION. (a) GENERAL RULE.—No covered entity shall discriminate against a qualified individual with a disability because of the disability of such in. dividual in regard-tojob-application procedures, the hiring, advancement, or discharge of employees, employee compensation, job train- ing, and other terms, conditions, and privileges of employment. (b) CONSTRUCTION.—As used in subsection (a), the term 'discriminate" includes - (1) limiting, segregating, or classifying a job applicant or employee in a way that adversely affects the opportunities or status of such appli- cant or employee because of the disability of such applicant or employee; (2) participating in a contractual or other ar- rangement or relationship that has the effect of subjecting a covered entity's qualified applicant or employee with a disability to the discrimina- tion prohibited by this title (such relationship in- cludes a relationship with an employment or referral agency, labor union, an organization pro- viding fringe benefits to an employee of the covered entity, or an organization prov0dfng (rain- ing and apprenticeship programs); (3) utilizing standards, criteria, or methods of administration - (A) that have the effect of discrimination on the basis of disability; or (B) that perpetuate the discrimination of others who are subject to common administrative control; (4) excluding or otherwise denying equal jobs or benefits to a qualified individual because of the known disability of an individual with whom the qualified individual is known to have a relationship or association; (5XA) not making reasonable accommoda- tions to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless such covered entity can demonstrate that the ac- commodation would impose an undue hardship MRKLIFE 33 on the operation of the business of such covered entity; or (B) denying employment opportunities to a job applicant or employee who is an otherwise qualified individual with a disability, if such denial is based on the need of such covered entity to make reasonable accommodation to the physical or mental impairments of the employee or applicant; (6) using qualification standards, employ. ment tests or other selection criteria that screen out or tend to screen out an -individual with a disability or a class of individuals with disabilities unless the standard, test or other selection criteria, as used by the covered entity, is shown to be job- related for the position in question and is consis- tent with business necessity; and (7) failing to select and administer tests con- cerning employment in the most effective man- ner to ensure that, when such test is administered to a job applicant or employee who has a disabili- ty that impairs sensory, manual, or speaking skills, such test results accurately reflect the skills, ap- titude, or whatever other factor of such applicant or employee that such test purports to measure, rather than reflecting the impaired sensory, manual, or speaking skills of such employee or applicant (except where such skills are the fac- tors that the test purports to measure). (c) MEDICAL EXAMINATIONS AND INQUIRIES.— (1) IN GENERAL.—The prohibition against discrimination as referred to in subsection (a) shall include medical examinations and inquiries. (2) PREEMPLOYMENT.— (A) PROHIBITED EXAMINATION OR INQUIRY.—Except as provided in paragraph (3), a covered entity shall not conduct a medical ex- amination or make inquiries of a job applicant as to whether such applicant is an individual with a disability or as to the nature or severity of such disability. (B) ACCEPTABLE INQUIRY .—A covered entity may make preemployment in- quiries into the ability of an applicant to perform job-related functions. (3) EMPLOYMENT ENTRANCE EXAMI. NATION.—A covered entity may require a medical examination after an offer of employ- ment has been made to a job applicant and prior to the commencement of the employment duties of such applicant, and may condition an offer of employment on the results of such examination, if. (A) all entering employees are subjected to such an examination regardless of disability; (B) information obtained regarding the medical condition or history of the applicant is collected ind maintained on separate forms and in separate medical files and is treated as a con- fidential medical record, except that - (i) supervisors and managers may be in- formed regarding necessary restrictions on the work or duties of the employee and necessary accommodations; - ----(ii) first aid and safety personnel may be informed, when appropriate, if the disability might require emergency treatment; and (iii) government officials investigating compliance with this Act shall be provided rele- vant information on request; and (C) the results of such examination are us- ed only in accordance with this title. MRKLIFE 34 (4) EXAMINATION AND INQUIRY.— (A) PROHIBITED EXAMINATIONS AND INQUIRIES.—A covered entity shall not require a medical examination and shall not make inquiries of an employee as to whether such employee is an individual with a disability or as to the nature or severity of the disability, unless such examination or inquiry is shown to be job- related and consistent with business necessity. (B) ACCEPTABLE EXAMINATIONS AND INQUIRIES.—A covered entity may con- duct voluntary medical examinations, including voluntary medical histories, which are part of an employee health program available to employees at that work site. A covered entity may make inquiries into the ability of an employee to per- form job-related functions. (C) REQUIREMENT.—Information ob- tained under subparagraph (B) regarding the medical condition or history of any employee are subject to the requirements of subparagraphs (B) and (C) of paragraph (3). SEC. 103. DEFENSES. (a) IN GENERAL.—It may be a defense to a charge of discrimination under this Act that an alleged application of qualification standards, tests, or selection criteria that screen out or tend to screen out or otherwise deny a job or benefit to an individual with a disability has been shown to be job-related and consistent with business necessity, and such performance cannot be ac- complished by reasonable accommodation, as re- quired under this title. (b) QUALIFICATION STANDARDS.—The term "qualification standards" may include a re- quirement that an individual shall not pose a direct threat to the health or safety of other in- dividuals in the workplace. (c) RELIGIOUS ENTITIES.— (1) IN GENERAL.—This title shall not pro- hibit a religious corporation, association, educa- tional institution, or society from giving prefer- ence in employment to individuals of a particular religion to perform work connected with the car- rying on by such corporation, association, educa- tional institution, or society of its activities. (2) RELIGIOUS TENETS REQUIREMENT. —Under this title, a religious organization may require that all applicants and employees conform to the religious tenets of such organization. (d) LIST OF INFECTIOUS AND COM- MUNICABLE DISEASES.— (1) IN GENERAL—The Secretary of Health and Human Services, not later than 6 months after the date of enactment of this Act, shall - (A) review all infectious and com- municable diseases which may be transmitted through handling the food supply; (B) publish a list of infectious and com- municable diseases which are transmitted through handling the food supply; (C) publish the methods by which such diseases are transmitted; and (D) widely disseminate such information regarding the list of diseases and their modes of transmissability to the general public. Such list shall be updated annually. (2) APPLICATIONS.—In any case in which an individual has an infectious or communicable disease that is transmitted to others through the handling of food, that is included on the list developed by the Secretary of Health and Human Services under paragraph (1), and which cannot be eliminated by reasonable accommodation, a covered entity may refuse to assign or continue to assign such individual to a job involving food handling. (3) CONSTRUCTION.—Nothing in this Act shall be construed to preempt, modify, or amend any State, county, or local law, ordinance, or regulation applicable to food handling which is designed to protect the public health from in- dividuals who pose a significant risk to the health or safety of others, which cannot be eliminated by reasonable accommodation, pursuant to the list of infectious or communicable diseases and the modes of transmissability published by the Secretary of Health and Human Services. SEC. 104. ILLEGAL USE OF DRUGS AND ALCOHOL. (a) QUALIFIED INDIVIDUAL WITH A DISABILITY.—For purposes of this title, the term "qualified individual with a disability" shall not include any employee or applicant who is cur- rently engaging in the illegal use of drugs, when the covered entity acts on the basis of such use. (b) RULES OF CONSTRUCTION.—Nothing in subsection (a) shall be construed to exclude as a qualified individual with a disability an in- dividual who - (1) has successfully completed a supervised drug rehabilitation program and is no longer engaging in the illegal use of drugs, or has other- wise been rehabilitated successfully and is no longer engaging in such use; (2) is participating in a supervised rehabilita- tion program and is no longer engaging in such use; or (3) is erroneously regarded as engaging in such use, but is not engaging in such use; except that it shall not be a violation of this Act for a covered entity to adopt or administer reasonable policies or procedures, including but not limited to drug testing, designed to ensure that an individual described in paragraph (1) or (2) is no longer engaging in the illegal use of drugs. (c) AUTHORITY OF COVERED ENTITY.— A covered entity - (1) may prohibit the illegal use of drugs and the use alcohol at the workplace by all employees; (2) may require that employees shall not be under the influence of alcohol or be engaging in the illegal use of drugs at the workplace; (3) may require that employees behave in conformance with the requirements established under the Drug -Free Workplace Act of 1988 (41 U.S.C. 701 et seq.); (4) may hold an employee who engages in the illegal use of drugs or who is an alcoholic to the same qualification standards for employment or job performance and behavior that such enti- ty holds other employees, even if any unsatisfac- tory performance or behavior is related to the drug use or alcoholism of such employee; and (5) may, with respect to Federal regulations regarding alcohol and the illegal use of drugs, re- quire that - (A) employees comply with the standards established in such regulations of the Department of Defense, if the employees of the covered en- tity are employed in an industry subject to such regulations, including complying with regulations (if any) that apply to employment in sensitive positions in such an industry, in the case of employees of the covered entity who are employed in such positions (as defined in the regulations of the Department of Defense); (B) employees comply with the standards established in such regulations of the Nuclear Regulatory Commission, if the employees of the covered entity are employed in an industry sub- ject to such regulations, including complying with regulations (if any) that apply to employment in sensitive positions in such an industry, in the case of employees of the covered entity who are employed in such positions (as defined in the regulations of the Nuclear Regulatory Commis- sion); and (C) employees comply with the standards established in such regulations of the Department of Transportation, if the employees of the covered entity are employed in a transportation industry subject to such regulations, including complying with such regulations (if any) that apply to employment in sensitive positions in such an industry, in the case of employees of the covered entity who are employed in such posi- tions (as defined in the regulations of the Depart- ment of Transportation). (d) DRUG TESTING.— (1) IN GENERAL.—For purposes of this title, a test to determine the illegal use of drugs shall not be considered a medical examination. (2) CONSTRUCTION.—Nothing in this title shall be construed to encourage, prohibit, or authorize the conducting of drug testing for the illegal use of drugs by job applicants or employ- ees or making employment decisions based on such test results. (e) TRANSPORTATION EMPLOYEES.— Nothing in this title shall be construed to en- courage, prohibit, restrict, or authorize the other- wise lawful exercise by entities subject to the jurisdiction of the Department of Transportation of authority to - (1) test employees of such entities in, and applicants for, positions involving safety -sensitive duties for the illegal use of drugs and for on -duty impairment by alcohol; and (2) remove such persons who test positive for illegal use of drugs and on -duty impairment by alcohol pursuant to paragraph (1) from safety - sensitive duties in implementing subsection (c). SEC. 105. POSTING NOTICES. Every employer, employment agency, labor organization, or joint labor-management commit- tee covered under this title shall post notices in an accessible format to applicants, employees, and members describing the applicable provisions of this Act, in the manner prescribed by section 711 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-10). SEC. 106. REGULATIONS. Not later than 1 year after the date of enact. ment of this Act, the Commission shall issue regulations in an accessible format to carry out this title in accordance with subchapter Il of chapter 5 of title 5, United States Code. SEC. 107. ENFORCEMENT. (a) POWERS, REMEDIES, AND PRO- CEDURES.—The powers, remedies, and pro- cedures set forth in sections 705, 706, 707, 709, and 710 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-4, 2000e-5, 2000e- i, 2000e-8, and 2000e-9) shall be the powers, remedies, and procedures this title provides to the Commission, to the Attorney General, or to any person alleging discrimination on the basis of disability in violation of any pro- vision of this Act, or regulations promulgated under section 106, concerning employment. (b) COORDINATION.—The agencies with enforcement authority for actions which allege employment discrimination under this title and under the Rehabilitation Act of 1973 shall develop procedures to ensure that administrative complaints filed under this title and under the Rehabilitation Act of 1973 are dealt with in a manner that avoids duplication of effort and prevents imposition of inconsistent or conflicting standards for the same requirements under this title and the Rehabilitation Act of 1973. The Commission, the Attorney General, and the Of- fice of Federal Contract Compliance Programs shall establish such coordinating mechanisms (similar to provisions contained in the joint regula- tions promulgated by the Commission and the Attorney General at part 42 of title 28 and part 1691 of title 29, Code of Federal Regulations, and the Memorandum of Understanding between the Commission and the Office of Federal Contract Compliance Programs dated January 16, 1981 (46 Fed. Reg. 7435, January 23, 1981)) in regulations implementing this title and Rehabilitation Act of 1973 not later than 18 months after the date of enactment of this Act. SEC. 108. EFFECTIVE DATE. This title shall become effective 24 months after the date of enactment. TITLE II—PUBLIC SERVICES SUBTITLE A—PRO111611TON AGAINST DISCRIMINATION AND OTHER GENERALLY APPLICABLE PROVISIONS SEC. 201. DEFINITION. As used in this title: (1) PUBLIC ENTITY.—The term "public en. tity" means - (A) any State or local government; (B) any department, agency, special pur- pose district, or other instrumentality of a State or States or local government; and (C) the National Railroad Passenger Cor. poration, and any commuter authority (as defin- ed in section 103(8) of the Rail Passenger Service Act). (2) QUALIFIED INDIVIDUAL WITH A DISABILITY.—The term "qualified individual with a disability" means an individual with a disability who, with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of aux- iliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities pro- vided by a public entity. SEC. 202. DISCRIMINATION. Subject to the provisions of this title, no qualified individual with a disability shall, by reason of such disability, be excluded from par- ticipation in or be denied the benefits of the ser- vices, programs, or activities of a public entity, or be subjected to discrimination by any such entity. SEC. 203. ENFORCEMENT. The remedies, procedures, and rights set forth in section 505 of the Rehabilitation Act of 1973 (29 U.S.C. 794a) shall be the remedies, procedures and rights this title provides to any person alleg- ing discrimination on the basis of disability in violation of section 202. SEC. 204. REGULATIONS. (a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Attorney General shall promulgate regulations in an accessi- ble format that implement this subtitle. Such regulations shall not include any matter within the scope of the authority of the Secretary of Transportation under section 223, 229, or 244. (b) RELATIONSHIP TO OTHER REGULA- TIONS.—Except for "program accessibility, ex- isting facilities', and "communications", regula- tions under subsection (a) shall be consistent with this Act and with the coordination regulations under part 41 of title 28, Code of Federal Regula- tions (as promulgated by the Department of Health, Education, and Welfare on January 13, 1978), applicable to recipients of Federal finan- cial assistance under section 504 of the Rehabilita- tion Act of 1973 (29 U.S.C. 794). With respect to "program accessibility, existing facilities', and "communications", such regulations shall be con- sistent with regulations and analysis as in part 39 of title 28 of the Code of Federal Regulations, applicable to federally conducted activities under such section 504. (c) STANDARDS.—Regulations under subsec- tion (a) shall include standards applicable to facilities and vehicles covered by this subtitle, other than facilities, stations, rail passenger cars, and vehicles covered by subtitle B. Such standards shall be consistent with the minimum guidelines and requirements issued by the Architectural and Transportation Barriers Compliance Board in ac- cordance with section 504(a) of this Act. SEC. 205. EFFECTIVE DATE. (a) GENERAL RULE.—Except as provided in subsection (b), this subtitle shall become effective 18 months after the date of enactment of this Act. (b) EXCEPTION.—Section 204 shall become effective on the date of enactment of this Act. SUBTITLE B ACTIONS APPLICABLE TO PUBLIC TRANSPORTATION PROVIDED BY PUBLIC EN7777ES CONSIDERED DISCRIMINATORY PART I -PUBLIC TRANSPORTATION OTHER THAN BY AIRCRAFT OR CERTAIN RAIL OPERATIONS SEC. 221. DEFINITIONS. As used in this part: (1) DEMAND RESPONSIVE SYSTEM.— The term "demand responsive system" means any -system of providing designated public transpor- tation which is not a fixed route system. (2) DESIGNATED PUBLIC TRANSPOR- TATION.—The term "designated public transportation" means transportation (other than public.school transportation)by bus–rail, or any other conveyance (other than transportation by aircraft or intercity or commuter rail transporta- tion (as defined in section 241)) that provides the general public with general or special service (in- cluding charter service) on a regular and continu- ing basis. TVn rVTC1ICF :� r (3) FIXED ROUTE SYSTEM.—The term "fixed route system" means a system of providing designated public transportation on which a vehi- cle is operated along a prescribed route according to a fixed schedule. (4) OPERATES.—The term "operates", as used with respect to a fixed route system or de- mand responsive system, includes operation of such system by a person under a contractual or other arrangement or relationship with a public entity. (5) PUBLIC SCHOOL TRANSPORTA- TION.—The term "public school transportation" means transportation by schoolbus vehicles of schoolchildren, personnel, and equipment to and from a public elementary or secondary school and school -related activities_ (6) SECRETARY.—The term "Secretary' means the Secretary of Transportation. SEC. 222. PUBLIC ENTITIES OPERATING FIXED ROUTE SYSTEMS. (a) PURCHASE AND LEASE OF NEW VEHICLES.—It shall be considered discrimination for purposes of section 202 of this Act and sec- tion 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) for a public entity which operates a fixed route system to purchase or lease a new bus, a new rapid rail vehicle, a new light rail vehi- cle, or any other new vehicle to be used on such system, if the solicitation for such purchase or lease is made after the 30th day following the effective date of this subsection and if such bus, rail vehicle, or other vehicle is not readily accessi- ble to and usable by individuals with disabilities, including individuals who use wheelchairs. (b) PURCHASE AND LEASE OF USED VEHICLES.—Subject to subsection (cXl), it shall be considered discrimination for purposes of sec- tion 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) for a public entity which operates a fixed route system to purchase or lease, after the 30th day following the effective date of this subsection, a used vehicle for use on such system unless such entity makes demonstrated good faith efforts to purchase or lease a used vehicle for use on such system that is readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. (c) REMANUFACTURED VEHICLES.— Al) GENERAL RULE.—Except as provided in paragraph (2), it shall be considered discrimina- tion for purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) for a public entity which operates a fixed route system - (A) to remanufacture a vehicle for use on such system so as to extend its usable life for 5 years or more, which remanufacture begins (or for which the solicitation is made) after the 30th day following the effective date of this subsec- tion; or (B) to purchase or lease for use on such system a remanufactured vehicle which has been remanufactured so as to extend its usable life for 5 years or more, which purchase or lease occurs after such 30th day and during the period in which the usable life is extended; unless, after remanufacture, the vehicle is, to the maximum extent feasible, readily accessible to and usable by individuals-with—disci i i res, including in- dividuals who use wheelchairs. n (2) EXCEPTION FOR HISTORIC VEHICLES.— (A) GENERAL RULE.—If a public entity operates a fixed route system any segment of which is included on the National Register of Historic Places and if making a vehicle of historic character to be used solely on such segment readi- ly accessible to and usable by individuals with disabilities would significantly alter the historic character of such vehicle, the public entity only has to make (or to purchase or lease a remanufac- tured vehicle with) those modifications which are necessary to meet the requirements of paragraph (1) and which do not significantly alter the historic character of such vehicle. (B) VEHICLES OF HISTORIC CHARAC- TER DEFINED BY REGULATIONS.—For pur- poses of this paragraph and section 228(6), a vehi- cle of historic character shall be defined by the regulations issued by the Secretary to carry out this subsection. SEC. 223. PARATRANSIT AS A COMPLE- MENT TO FIXED ROUTE SERVICE. (a) GENERAL RULE.—It shall be considered discrimination for purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) for a public entity which operates a fixed route system (other than a system which provides solely commuter bus service) to fail to provide with respect to the operations of its fixed route system, in accordance with this sec- tion, paratransit and other special transportation services to individuals with disabilities, including individuals who use wheelchairs, that are suffi- cient to provide to such individuals a level of ser- vice (1) which is comparable to the level of designated public transportation services provided to individuals without disabilities using such system; or (2) in the case of response time, which is comparable, to the extent practicable, to the level of designated public transportation services provided to individuals without disabilities using such system. (b) ISSUANCE OF REGULATIONS.—Not later than 1 year after the effective date of this subsection, the Secretary shall issue final regula- tions to carry out this section. (c) REQUIRED CONTENTS OF REGULATIONS.— (1) ELIGIBLE RECIPIENTS OF SERVICE.— The regulations issued under this section shall re- quire each public entity which operates a fixed route system to provide the paratransit and other special transportation services required under this section- (AXi) to any individual with a disability who is unable, as a result of a physical or mental impairment (including a vision impairment) and without the assistance of another individual (ex- cept an operator of a wheelchair lift or other boar- ding assistance device), to board, ride, or disem- bark from any vehicle on the system which is readily accessible to and usable by individuals with disabilities; (ii) to any individual with a disability who needs the assistance of a wheelchair lift or other boarding assistance device (and is able with such assistance) to board, ride, and disembark from any vehicle which is readily accessible to and usable by individuals with disabilities if the individual wants to travel on a route on the system during the hours of operation of -the system at a time (or within a reasonable period of such time) when such a vehicle is not being used to provide designated public transportation on the route; and (iii) to any individual with a disability who has a specific impairment -related condition which prevents such individual from traveling to a boarding location or from a disembarking loca- tion on such system; (B) to 1 other individual accompanying the individual with the disability; and (C) to other individuals, in addition to the one individual described in subparagraph (B), ac- companying the individual with a disability pro- vided that space for these additional individuals is available on the paratransit vehicle carrying the individual with a disability and that the transpor- tation of such additional individuals will not result in a denial of service to individuals with disabilities. For purposes of clauses (i) and (ii) of sub- paragraph (A), boarding or disembarking from a vehicle does not include travel to the boarding location or from the disembarking location. (2) SERVICE AREA.—The regulations issued under this section shall require the provision of paratransit and special transportation services re- quired under this section in the service area of each public entity which operates a fixed route system, other than any portion of the service area in which the public entity solely provides com- muter bus service. (3) SERVICE CRITERIA.—Subject to paragraphs (1) and (2), the regulations issued under this section shall establish minimum ser- vice criteria for determining the level of services to be required under this section. (4) UNDUE FINANCIAL BURDEN LIMITATION.—The regulations issued under this section shall provide that, if the public enti- ty is able to demonstrate to the satisfaction of the Secretary that the provision of paratransit and other special transportation services otherwise re- quired under this section would impose an un- due financial burden on the public entity, not- withstanding any other provision of this section (other than paragraph (5)), shall only be required to provide such services to the extent that pro- viding such services would not impose such a burden. (5) ADDITIONAL SERVICES.—The regula- tions issued under this section shall establish cir- cumstances under which the Secretary may re- quire a public entity to provide, notwithstanding paragraph (4), paratransit and other special transportation services under this section beyond the level of paratransit and other special transpor- tation services which would otherwise be re- quired under paragraph (4). (6) PUBLIC PARTICIPATION.—The regulations issued under this section shall require that each public entity which operates a fixed route system hold a public hearing, provide an opportunity for public comment, and consult with individuals with disabilities in preparing its plan under paragraph (7). (7) PLANS.—The regulations issued under this section shall require that each public entity which operates a fixed route system - (A) within 18 months after the effective date of this subsection, submit to the Secretary, and commerce implementation of, a plan for pro- viding paratransit and other special transportation services which meets the requirements of this sec- tion; and (B) on an annual basis thereafter, submit to the Secretary, and commence implementation of, a plan for providing such services. (8) PROVISION OF SERVICES BY OTHERS.—The regulations issued under this sec- tion shall - (A) require that a public entity submitting a plan to the Secretary under this section iden- tify in the plan any person or other public entity which is providing a paratransit or other special transportation service for individuals with disabilities in the service area to which the plan applies; and (B) provide that the public entity submit- ting the plan does not have to provide under the plan such service for individuals with disabilities. (9) OTHER PROVISIONS.—The regula- tions issued under this section shall include such other provisions and requirements as the Secretary determines are necessary to carry out the objectives of this section. (d) REVIEW OF PLAN.— (1) GENERAL RULE.—The Secretary shall review a plan submitted under this section for the purpose of determining whether or not such plan meets the requirements of this section, in - eluding the regulations issued under this section. (2) DISAPPROVAL.—If the Secretary deter- mines that a plan reviewed under this subsection fails to meet the requirements of this section, the Secretary shall disapprove the plan and notify the public entity which submitted the plan of such disapproval and the reasons therefor. (3) MODIFICATION OF DISAPPROVED PLAN.—Not later than 90 days after the date of disapproval of a plan under this subsection, the public entity which submitted the plan shall modify the plan to meet the requirements of this section and shall submit to the Secretary, and commence implementation of, such modified plan. (e) DISCRIMINATION DEFINED.—As used in subsection (a), the term " discrimination" includes - (1) a failure of a public entity to which the regulations issued under this section apply to sub- mit, or commence implementation of, a plan in accordance with subsections (c)(6) and (cX7); (2) a failure of such entity to submit, or com- mence implementation of, a modified plan in ac- cordance with subsection (43); (3) submission to the Secretary of a modified plan under subsection (dx3) which does not meet the requirements of this section; or (4) a failure of such entity to provide paratransit or other special transportation services in accordance with the plan or modified plan the public entity submitted to the Secretary under this section. (f) STATUTORY CONSTRUCTION.— Nothing in this section shall be construed as preventing a public entity - (1) from providing paratransit or other special transportation services at a level which is greater than the level of such services which are required by this section, (2) from providing paratransit or other special transportation services in addition to those paratransit and special transportation services re- quired by this section, or (3) from providing such services to in- dividuals in addition to those individuals to whom such services are required to be provided by this section. SEC. 224. PUBLIC ENTITY OPERATING A DE- MAND RESPONSIVE SYSTEM. If a public entity operates a demand respon- sive system, it shall be considered discrimination, for purposes of section 202 of this Act and sec- tion 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), for such entity to purchase or lease a new vehicle for use on such system, for which a solicitation is made after the 30th day follow- ing the effective date of this section, that is not readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, unless such system, when viewed in its entirety, provides a level of service to such individuals equivalent to the level of service such system provides to individuals without disabilities. SEC. 225. TEMPORARY RELIEF WHERE LIFTS ARE UNAVAILABLE. (a) GRANTING.—With respect to the pur- chase of new buses, a public entity may apply for, and the Secretary may temporarily relieve such public entity from the obligation under sec- tion 222(a) or 224 to purchase new buses that are readily accessible to and usable by individuals with disabilities if such public entity demonstrates to the satisfaction of the Secretary - (1) that the initial solicitation for new buses made by the public entity specified that all new buses were to be lift -equipped and were to be otherwise accessible to and usable by individuals with disabilities; (2) the unavailability from any qualified manufacturer of hydraulic, electromechanical, or other lifts for such new buses; (3) that the public entity seeking temporary relief has made good faith efforts to locate a qualified manufacturer to supply the lifts to the manufacturer of such buses in sufficient time to comply with such solicitation; and (4) that any further delay in purchasing new buses necessary to obtain such lifts would significantly impair transportation services in the community served by the public entity. (b) DURATION AND NOTICE TO CON- GRESS.—Any relief granted under subsection (a) shall be limited in duration by a specified date, and the appropriate committees of Congress shall be notified of any such relief granted. (c) FRAUDULENT APPLICATION.—If, at any time, the Secretary has reasonable cause to believe that any relief granted under subsection (a) was fraudulently applied for, the Secretary shall - (1) cancel such relief if such relief is still in effect; and (2) take such other action as the Secretary considers appropriate. SEC. 226. NEW FACILITIES. For purposes of section 202 of this Act and sec- tion 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), it shall be considered discrimination for a public entity to construct a new facility to be used in the provision of designated public transportation services unless such facility is readi- ly accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. SEC. 227. ALTERATIONS OF EXISTING FACILITIES. (a) GENERAL RULE.—With respect to altera- tions of an existing facility or part thereof used in the provision of designated public transporta- tion services that affect or could affect the usabili- ty of the facility or part thereof, it shall be con- sidered discrimination, for purposes of section 202 of this Act and section 504 of the Rehabilita- tion Act of 1973 (29 U.S.C. 794), for a public en- tity to fail to make -such -alterations (or to ensure that the alterations are made) in such a manner that, to the maximum extent feasible, the altered portions of the facility are readily accessible to and usable by individuals with disabilities, in- cluding individuals who use wheelchairs, upon the completion of such alterations. Where the public entity is undertaking an alteration that af- fects or could affect usability of or access to an area of the facility containing a primary function, the entity shall also make the alterations in such a manner that, to the maximum extent feasible, the path of travel to the altered area and the bathrooms, telephones, and drinking fountains serving the altered area, are readily accessible to and usable by individuals with disabilities, in- cluding individuals who use wheelchairs, upon completion of such alterations, where such altera- tions to the path of travel or the bathrooms, telephones, and drinking fountains serving the altered area are not disproportionate fo-the overall alterations in terms of cost and scope (as deter- mined under criteria established by the Attorney General). (b) SPECIAL RULE FOR STATIONS.— (1) GENERAL RULE.—For purposes of sec- tion 202 of this Act and section 504 of the _Rehabilitation Act of 1973 (29 U.S.C. 794), it shall be considered discrimination for a public entity that provides designated public transportation to fail, in accordance with the provisions of this subsection, to make key stations (as determined under criteria established by the Secretary by regulation) in rapid rail and light rail systems readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. (2) RAPID RAIL AND UGHT RAIL KEY STATIONS.— (A) ACCESSIBILITY.—Except as other- wise provided in this paragraph, all key stations (as determined under criteria established by the Secretary by regulations) in rapid rail and light rail systems shall be made readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, as soon as prac- ticable but in no event later than the last day of the 3 -year period beginning on the effective date of this paragraph. (B) EXTENSION FOR EXTRAORDI- NARILY EXPENSIVE STRUCTURAL CHANGES.—The Secretary may extend the 3 -year period under subparagraph (A) up to a 30 -year period for key stations in a rapid rail or light rail system which stations need extraor- dinarily expensive structural changes to, or replacement of, existing fadlties; except that'by the last day of the 20th year following the date of the enactment of this Act at least 2/3 of such key stations must be readily accessible to and usable by individuals with disabilities. (3) PLANS AND MILESTONES.—The Secretary shall require the appropriate public en- tity to develop and submit to the Secretary a plan for compliance with this subsection - (A) that reflects consultation with in- dividuals with disabilities affected by such plan VX)RKLIFE 37 and the results of a public hearing and public com- standards applicable to facilities and vehicles ments on such plan, and covered by this subtitle. The standards shall be (B) that establishes milestones for achieve- consistent with the minimum guidelines and re- ment_of the requirements_Qf_I_his.subsection. quirements issued by the Architectural and Transportation Barriers Compliance Board in ac- cordance with section 504 of this Act. SEC. 228. PUBLIC TRANSPORTATION PRO- GRAMS AND ACTIVITIES IN EXISTING FACILITIES AND ONE CAR PER TRAIN RULE. (a) PUBLIC TRANSPORTATION PRO- GRAMS AND ACTIVITIES IN EXISTING FACILITIES.— (1) IN GENERAL.—With respect to existing facilities used in the provision of designated public transportation services, it shall be con- sidered discrimination, for purposes of section 202 of this Act and section 504 of the Rehabilita- tion Act of 1973 (29 U.S.C. 794), for a public en- tity to fail to operate a designated public transpor- tation program or activity conducted in such facilities so that, when viewed in the entirety, the program or activity is readily accessible to and usable by individuals with disabilities. (2) EXCEPTION.—Paragraph (1) shall not re- quire a public entity to make structural changes to existing facilities in order to make such facilities accessible to individuals who use wheelchairs, unless and to the extent required by section 227(a) (relating to alterations) or section 227(b) (relating to key stations). (3) UTILIZATION.—Paragraph (1) shall not require a public entity to which paragraph (2) ap- plies, to provide to individuals who use wheelchairs services made available to the general public at such facilities when such individuals could not utilize or benefit from such services pro- vided at such facilities. (b) ONE CAR PER TRAIN RULE.— (1) GENERAL RULE.—Subject to paragraph (2), with respect to 2 or more vehicles operated as a train by a light or rapid rail system, for pur- poses of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), it shall be considered discrimination for a public entity to fail to have at least 1 vehicle per train that is accessible to individuals with disabilities, including individuals who use wheelchairs, as soon as practicable but in no event later than the last day of the 5 -year period beginning on the effective date of this section. (2) HISTORIC TRAINS.—In order to com- ply with paragraph (1) with respect to the remanufacture of a vehicle of historic character which is to be used on a segment of a light or rapid rail system which is included on the Na- tional Register of Historic Places, if making such vehicle readily accessible to and usable by in. dividuals with disabilities would significantly alter the historic character of such vehicle, the public entity -which operates -such -system only has to make (or to purchase or lease a remanufactured vehicle with) those modifications which are necessary to meet the requirements of section 222(cX1) and which do not significantly alter the historic character of such vehicle. SEC. 229. REGULATIONS. (a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall issue regulations, in an ac- cessible format, necessary for carrying out this part (other than section 223). (b) STANDARDS.—The regulations issued under this section and section 223 shall include MRKLIFE 38 SEC. 230. INTERIM ACCESSIBILITY REQUIREMENTS. If final regulations have not been issued pur- suant to section 229, for new construction or alterations for which a valid and appropriate State or local building permit is obtained prior to the issuance of final regulations under such section, and for which the construction or alteration authorized by such permit begins within one year of the receipt of such permit and is completed under the terms of such permit, compliance with the Uniform Federal Accessibility Standards in effect at the time the building permit is issued shall suffice to satisfy the requirement that facilities be readily accessible to and usable by persons with disabilities as required under sec- tions 226 and 227, except that, if such final regula- tions have not been issued one year after the Ar- chitectural and Transportation Barriers Com- pliance Board has issued the supplemental minimum guidelines required under section 504(a) of this Act, compliance with such sup- plemental minimum guidelines shall be necessary to satisfy the requirement that facilities be readi- ly accessible to and usable by persons with disabilities prior to issuance of the final regulations. SEC. 231. EFFECTIVE DATE. (a) GENERAL RULE.—Except as provided in subsection (b), this part shall become effective 18 months after the date of enactment of this Act. (b) EXCEPTION.—Sections 222, 223 (other than subsection (a)), 224, 225, 227(b), 228(b), and 229 shall become effective on the date of enactment of this Act. PART H—PUBLIC TRANSPORTATION BY INTERCITY AND COMMUTER RAIL SEC. 241. DEFINITIONS. As used in this part: (1) COMMUTER AUTHORITY.—The term "commuter authority" has the meaning given such term in section 103(8) of the Rail Passenger Service Act (45 U.S.0 502(8)). (2) COMMUTER RAIL TRANSPORTA- TION.—The term "commuter rail transportation" has the meaning given the term "commuter ser- vice" in section 103(9) of the Rail Passenger Ser- vice Act (45 U.S.0 502(9)). (3) INTERCITY RAIL TRANSPORTA- TION.—The term "intercity rail transportation" means transportation provided by the National Railroad Passenger Corporation. (4) RAIL PASSENGER CAR.—The term "rail passenger car" means, with respect to inter- city rail transportation, single -level and bi-level coach cars, single -level and bi-level dining cars, single -level and bi-level sleeping can, single -level and bi-level lounge cars, and food service can. (5) RESPONSIBLE PERSON.—The term "responsible person" means - (A) in the case of a station more than 50 percent of which is owned by a public entity, such public entity; (B) in the case of a station more than 50 percent of which is owned by a private party, the persons providing intercity or commuter rail transportation to such station, as allocated on an equitable basis by regulation by the Secretary of Transportation; and (C) in a case where no party owns more than 50 percent of a station, the persons providing intercity or commuter rail transportation to such station and the owners of the station, other than private party owners, as allocated on an equitable basis by regulation by the Secretary of Transportation. (6) STATION.—The term "station" means the portion of a property located appurtenant to a right-of-way on which intercity or commuter rail transportation is operated, where such por. tion is used by the general public and is related to the provision of such transportation, including passenger platforms, designated waiting areas, ticketing areas, restrooms, and, where a public entity providing rail transportation owns the pro- perty, concession areas, to the extent that such public entity exercises control over the selection, design, construction, or alteration of the proper- ty, but such term does not include flag stops. SEC. 242. INTERCITY AND COMMUTER RAIL ACTIONS CONSIDERED DISCRIMINATORY. (a) INTERCITY RAIL TRANSPORTATION.— (1) ONE CAR PER TRAIN RULE.—It shall be considered discrimination for purposes of sec- tion 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) for a person who provides intercity rail transporta- tion to fail to have at least one passenger car per train that is readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, in accordance with regula- tions issued under section 244, as soon as prac- ticable, but in no event later than 5 years after the date of enactment of this Act. (2) NEW INTERCITY CARS.— (A) GENERAL RULE.—Except as other- wise provided in this subsection with respect to individuals who use wheelchairs, it shall be con- sidered discrimination for purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) for a person to pur- chase or lease any new rail passenger cars for use in intercity rail transportation, and for which a solicitation is made later than 30 days after the effective date of this section, unless all such rail cars are readily accessible to and usable by in- dividuals with disabilities, including individuals who use wheelchairs, as prescribed by the Secretary of Transportation in regulations issued under section 244. (B) SPECIAL RULE FOR SINGLE -LEVEL PASSENGER COACHES FOR INDIVIDUALS WHO USE WHEELCHAIRS.—Single-level passenger coaches shall be required to - (i) be able to be entered by an in- dividual who uses a wheelchair; (ii) have space to park and secure a wheelchair; (iii) have a seat to which a passenger in a wheelchair can transfer, and a space to fold and store such passengers wheelchair, and (iv) have a restroom usable by an in- dividual who uses a wheelchair, only to the ex- tent provided in paragraph (3). (C) SPECIAL RULE FOR SINGLE -LEVEL DINING CARS FOR INDIVIDUALS WHO USE WHEELCHAIRS.—Single-level dining cars shall not be required to - (i) be able to be entered from the sta. tion platform by an individual who uses a wheelchair; or (ii) have a restroom usable by an in- dividual who uses a wheelchair if no restroom is provided in such car for any passenger. (D) SPECIAL RULE FOR BI -LEVEL DIN- ING CARS FOR INDIVIDUALS WHO USE WHEELCHAIRS.—Bi-level dining cars shall not be required to - (i) be able to be entered by an in- dividual who uses a wheelchair; (ii) have space to park and secure a wheelchair; (iii) have a seat to which a passenger in a wheelchair can transfer, or a space to fold and store such passenger's wheelchair; or (iv) have a restroom usable by an in- dividual who uses a wheelchair. (3) ACCESSIBILITY OF SINGLE -LEVEL COACHES.— (A) GENERAL RULE.—It shall be con- sidered discrimination for purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) for a person who provides intercity rail transportation to fail to have on each train which includes one or more single -level rail passenger coaches - W a number of spaces - (1) to park and secure wheelchairs (to accommodate individuals who wish to remain in their wheelchairs) equal to not less than one-half of the number of single -level rail passenger coaches in such train; and (11) to fold and store wheelchairs (to accommodate individuals who wish to transfer to coach seats) equal to not less than one-half of the number of single -level rail passenger coaches in such train, as soon as practicable, but in no event later than 5 years after the date of enact- ment of this Act; and (ii) a number of spaces - (1) to park and secure wheelchairs (to accommodate individuals who wish to remain in their wheelchairs) equal to not less than the total number of single -level rail passenger coaches in such train; and (II) to fold and store wheelchairs (to accommodate individuals who wish to transfer to coach seats) equal to not less than the total number of single- level rail passenger coaches in such train, as soon as practicable, but in no event later than 10 years after the date of enactment of this Act. (B) LOCATION.—Spaces required by subparagraph (A) shall be located in single -level rail passenger coaches or food service cars. (C) LIMITATION.—Of the number of spaces required on a train by subparagraph (A), not more than two spaces to park and secure wheelchairs nor more than two spaces to fold and store wheelchairs shall be located in any one coach or food service car. (D) OTHER ACCESSIBILITY FEATURES. —Single -level rail passenger coaches and food ser- vice cars on which the spaces required by sub- paragraph (A) are located shall have a restroom usable by an individual who uses a wheelchair and shall be able to be entered from the station platform by an individual who uses a wheelchair. (4) FOOD SERVICE.— (A) SINGLE -LEVEL DINING CARS.—On any train in which a single -level dining car is us- ed to provide food service - (i) if such single -level dining car was purchased after the date of enactment of this Act, table service in such car shall be provided to a passenger who uses a wheelchair if. (I) the car adjacent to the end of the dining car through which a wheelchair may enter is itself accessible to a wheelchair; (11) such passenger can exit to the platform from the car such passenger occupies, move down the platform, and enter the adjacent accessible car described in subclause (1) without the necessity of the train being moved within the station; and (111) space to park and secure a wheelchair is available in the dining car at the time such passenger wishes to eat (if such passenger wishes to remain in a wheelchair), or space to store and fold a wheelchair is available in the dining car at the time such passenger wishes to eat (if such passenger wishes to transfer to a dining car seat); and (ii) appropriate auxiliary aids and ser- vices, including a hard surface on which to eat, shall be provided to ensure that other equivalent food service is available to individuals with disabilities, including individuals who use wheelchairs, and to passengers traveling with such individuals. Unless not practicable, a person providing in- tercity rail transportation shall place an accessi- ble car adjacent to the end of a dining car describ- ed in clause (i) through which an individual who uses a wheelchair may enter. (B) BI -LEVEL DINING CARS.—On any train in which a bi-level dining car is used to pro- vide food service. (i) if such train includes a bi-level lounge car purchased after the date of enactment of this Act, table service in such lounge car shall be pro- vided to individuals who use wheelchairs and to other passengers; and (ii) appropriate auxiliary aids and ser- vices, including a hard surface on which to eat, shall be provided to ensure that other equivalent food service is available to individuals with disabilities, including individuals who use wheelchairs, and to passengers traveling with such individuals. (b) COMMUTER RAIL TRANSPORTATION.— (1) ONE CAR PER TRAIN RULE.—It shall be considered discrimination for purposes of sec- tion 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) for a person who provides commuter rail transpor- tation to fail to have at least one passenger car per train that is readily accessible to and usable by individuals with disabilities, including in- dividuals who use wheelchairs, in accordance with regulations issued under section 244, as soon as practicable, but in no event later than 5 years after the date of enactment of this Act. (2) NEW COMMUTER RAIL CARS.— (A) GENERAL RULE.—It shall be con- sidered discrimination for purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) for a person to pur- chase or lease any new rail passenger cars for use in commuter rail transportation, and for which a solicitation is made later than 30 days after the effective date of this section, unless all such rail cars are readily accessible to and usable by in- dividuals with disabilities, including individuals who use wheelchairs, as prescribed by the Secretary of Transportation in regulations issued under section 244. (B) ACCESSIBILITY.—For purposes of section 202 of this Act and section 504 of the Rehabilitation Ad of 1973 (29 U.S.C. 794), a re- quirement that a rail passenger car used in com- muter rail transportation be accessible to or readi- ly accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, shall not be construed to require - 0) a restroom usable by an individual who uses a wheelchair if no restroom is provid- ed in such car for any passenger, (ii) space to fold and store a wheelchair; or (iii) a seat to which a passenger who uses a wheelchair can transfer. (c) USED RAIL CARS.—It shall be considered discrimination for purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U:S':C:-794)-for-a person to purchase or lease a used rail passenger car for use in inter- city or commuter rail transportation, unless such person makes demonstrated good faith efforts to purchase or lease a used rail car that is readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, as prescribed by the Secretary of Transportation in regulations issued under sec- tion 244. (d) REMANUFACTURED RAIL CARS.— (1) REMANUFACTURING.—It shall be considered discrimination for purposes of section 202 of this Act and section 504 of the Rehabilita- tion Act of 1973 (29 U.S.C. 794) for a person to remanufacture a rail passenger car for use in in- tercity or commuter rail transportation so as to extend its usable life for I0 years or more, unless the rail car, to the maximum extent feasible, is made readily accessible to and ividusable by in - duals with disabilities, including individuals who use wheelchairs, as prescribed by the Secretary of Transportation in regulations issued under section 244. (2) PURCHASE OR LEASE.—It shall be con- sidered discrimination for purposes of section 202 of this Act and section 504 of the Rehabilitation . Act of 1973 (29 U.S.C. 794) for a person to pur- chase or lease a remanufactured rail passenger car for use in intercity or commuter rail transporta- tion unless such car was remanufactured in ac- cordance with paragraph (1). (e) STATIONS.— (1) NEW STATIONS.—It shall be con- sidered discrimination for purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) for a person to build a new station for use in intercity or commuter rail transportation that is not readily accessible to and usable by individuals with disabilities, in- cluding individuals who use wheelchairs, as prescribed by the Secretary of Transportation in regulations issued under section 244. (2) EXISTING STATIONS.— (A) FAILURE TO MAKE READILY ACCESSIBLE.— (i) GENERAL RULE.—It shall be con- sidered discrimination for purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) for a responsible per- son to fail to make existing stations in the inter- city rail transportation system, and existing key stations in commuter rail transportation systems, INORKLIFE 3 (� 10",11 readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, as prescribed by the Secretary of Transportation in regulations issued under sec- tion 244. (ii) PERIOD FOR COMPLIANCE.— (1) INTERCITY RAIL.—All stations in the intercity rail transportation system shall be made readily accessible to and usable by in- dividuals with disabilities, including individuals who use wheelchairs, as soon as practicable, but in no event later than 20 years after the date of enactment of this Act. (It) COMMUTER RAIL.—Key sta- tions in commuter rail transportation systems shall be made readily accessible to and usable by in- dividuals with disabilities, including individuals who use wheelchairs, as soon as practicable but in no event later than 3 years after the date of enactment of this Act, except that the time limit may be extended by the Secretary of Transpor- tation up to 20 years after the date of enactment of this Act in a case where the raising of the en- tire passenger platform is the only means available of attaining accessibility or where other extraordinarily expensive structural changes are necessary to attain accessibility. (iii) DESIGNATION OF KEY STA- TIONS.—Each commuter authority shall designate the key stations in its commuter rail transportation system, in consultation with in- dividuals with disabilities and organizations representing such individuals, taking into con- sideration ornsideration such factors as high ridership and whether such station serves as a transfer or feeder station. Before the final designation of key sta- tions under this clause, a commuter authority shall hold a public hearing. (iv) PLANS AND MILESTONES.— The Secretary of Transportation shall require the appropriate person to develop a plan for carry- ing out this subparagraph that reflects consulta- tion with individuals with disabilities affected by such plan and that establishes milestones for achievement of the requirements of this subparagraph. (B) REQUIREMENT WHEN MAKING ALTERATIONS.— (i) GENERAL RULE.—It shall be con- sidered discrimination, for purposes of section 202 of this Act and section 504 of the Rehabilita- tion Act of 1973 (29 U.S.C. 794), with respect to alterations of an existing station or part thereof in the intercity or commuter rail transportation systems that affect or could affect the usability of the station or part thereof, for the responsible person, owner, or person in control of the sta- tion to fail to make the alterations in such a man- ner that, to the maximum extent feasible, the altered portions of the station are readily accessi- ble to and usable by individuals with disabilities, including individuals who use wheelchairs, upon completion of such alterations. (ii) ALTERATIONS TO A PRIMARY FUNCTION AREA.—It shall be considered discrimination, for purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), with respect to alterations that affect or could affect the usability of or ac- cess to an area of the station containing a primary function, for the responsible person, owner, or person in control of the station to fail to make the alterations in such a manner that, to the max- imum extent feasible, the path of travel to the altered area, and the bathrooms, telephones, and MRKL/FE 40 drinking fountains serving the altered area, are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, upon completion of such alterations, where such alterations to the path of travel or the bathrooms, telephones, and drinking foun- tains serving the altered area are not dispropor- tionate to the overall alterations in terms of cost and scope (as determined under criteria establish- ed by the Attorney General). (C) REQUIRED COOPERATION.—It shall be considered discrimination for purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) for an owner, or person in control, of a station governed by subparagraph (A) or (B) to fail to provide reasonable cooperation to a responsible person with respect to such station in that respon- sible person's efforts to comply with such sub- paragraph. An owner, or person in control, of a station shall be liable to a responsible person for any failure to provide reasonable cooperation as required by this subparagraph. Failure to receive reasonable cooperation required by this subparagraph shall not be a defense to a claim of discrimination under this Act. SEC. 243. CONFORMANCE OF ACCESSI- BILITY STANDARDS. Accessibility standards included in regulations issued under this part shall be consistent with the minimum guidelines issued by the Architectural and Transportation Barriers Compliance Board under section 504(a) of this Act. SEC. 244. REGULATIONS. Not later than 1 year after the date of enact- ment of this Act, the Secretary of Transportation shall issue regulations, in an accessible format, necessary for carrying out this part. SEC. 245. INTERIM ACCESSIBILITY REQUIRE- MENTS. (a) STATIONS.—If final regulations have not been issued pursuant to section 244, for new con- struction or alterations for which a valid and ap- propriate State or local building permit is obtained prior to the issuance of final regulations under such section, and for which the construction or alteration authorized by such permit begins within one year of the receipt of such permit and is completed under the terms of such permit, com- pliance with the Uniform Federal Accessibility Standards in effect at the time the building per- mit is issued shall suffice to satisfy the require- ment that stations be readily accessible to and usable by persons with disabilities as required under section 242(e), except that, if such final regulations have not been issued one year after the Architectural and Transportation Barriers Compliance Board has issued the supplemental minimum guidelines required under section 504(a) of this Act, compliance with such sup- plemental minimum guidelines shall be necessary to satisfy the requirement that stations be readi- ly accessible to and usable by persons with disabilities prior to issuance of the final regulations. (b) RAIL PASSENGER CARS.—If final regula- tions have not been issued pursuant to section 244, a person shall be considered to have com- plied with the requirements of section 242(a) through (d) that a rail passenger car be readily accessible to and usable by individuals with disabilities, if the design for such car complies with the laws and regulations (including the Minimum Guidelines and Requirements for Ac- cessible Design and such supplemental minimum guidelines as are issued under section 504(a) of this Act) governing accessibility of such cars, to the extent that such laws and regulations are not inconsistent with this part and are in effect at the time such design is substantially completed. SEC. 246. EFFECTIVE DATE. (a) GENERAL RULE.—Except as provided in subsection (b), this part shall become effective 18 months after the date of enactment of this Act. (b) EXCEPTION.—Sections 242 and 244 shall become effective on the date of enactment of this Act. TITLE III—PUBLIC ACCOMMODATIONS AND SERVICES OPERATED BY PRIVATE ENTITIES SEC. 301. DEFINITIONS. As used in this title: (1) COMMERCE.—The term "commerce" means travel, trade, traffic, commerce, transpor- tation, or communication - (A) among the several States; (B) between any foreign country or any territory or possession and any State; or (C) between points in the same State but through another State or foreign country. (2) COMMERCIAL FACILITIES.—The term "commercial facilities" means facilities - (A) that are intended for nonresidential use; and (B) whose operations will affect commerce. Such term shall not include railroad locomotives, railroad freight cars, railroad cabooses, railroad cars described in section 242 or covered under this title, railroad rights-of-way, or facilities that are covered or expressly exempted from coverage under the Fair Housing Act of 1968 (42 U.S.C. 3601 et seq.). (3) DEMAND RESPONSIVE SYSTEM.— The term "demand responsive system" meats any system of providing transportation of individuals by a vehicle, other than a system which is a fix- ed route system. (4) FIXED ROUTE SYSTEM.—The term "fixed route system" means a system of providing transportation of individuals (other than by air- craft) on which a vehicle is operated along a prescribed route according to a fixed schedule. (5) OVER -THE -ROAD BUS.—The term "over -the -road bus' means a bus characterized by an elevated passenger deck located over a bag- gage compartment. (6) PRIVATE ENTITY.—The term "private entity" means any entity other than a public en- tity (as defined in section 201(1)). (7) PUBLIC ACCOMMODATION.—The following private entities are considered public accommodations for purposes of this title, if the operations of such entities affect commerce - (A) an inn, hotel, motel, or other place of lodging, except for an establishment located within a building that contains not more than five rooms for rent or hire and that is actually oc- cupied by the proprietor of such establishment as the residence of such proprietor; (B) a restaurant, bar, or other establish- ment serving food or drink; (C) a motion picture house, theater, con- cert hall, stadium, or other place of exhibition or entertainment; (D) an auditorium, convention center, lec- ture hall, or other place of public gathering; (E) a bakery, grocery store, clothing store, hardware store, shopping center, or other sales or rental establishment; (F) a Laundromat, dry-cleaner, bank, barber shop, beauty shop, travel service, shoe repair service, funeral parlor, gas station, office of an accountant or lawyer, pharmacy, insurance office, professional office of a health care pro- vider, hospital, or other service establishment; (G) a terminal, depot, or other station used for specified public transportation; (H) a museum, library, gallery, or other place of public display or collection; (1) a park, zoo, amusement park, or other place of recreation; Q) a nursery, elementary, secondary, undergraduate, or postgraduate private school, or other place of education; (K) a day care center, senior citizen center, homeless shelter, food bank, adoption agency, or other social service center establishment; and (L) a gymnasium, health spa, bowling alley, golf course, or other place of exercise or recreation. (8) RAIL AND RAILROAD.—The terms "rail" and "railroad" have the meaning given the term "railroad" in section 202(e) of the Federal Railroad Safety Act of 1970 (45 U.S.C. 431(e)). (9) READILY ACHIEVABLE.—The term "readily achievable" means easily accomplishable and able to be carried out without much difficulty or expense. In determining whether an action is readily achievable, factors to be considered include - (A) the nature and cost of the action need- ed under this Act; (B) the overall financial resources of the facility or facilities involved in the action; the number of persons employed at such facility; the effect on expenses and resources, or the impact otherwise of such action upon the operation of the facility; (C) the overall financial resources of the covered entity; the overall size of the business of a covered entity with respect to the number of its employees; the number, type, and location of its facilities; and (D) the type of operation or operations of the covered entity, including the composition, structure, and functions of the workforce of such entity; the geographic separateness, admini- strative or fiscal relationship of the facility or facilities in question to the covered entity. (Io) SPECIFIED PUBLIC TRANSPORTA- TION.—The term "specified public transporta- tion" means transportation by bus, rail, or any other conveyance (other than by aircraft) that pro- vides the general public with general or special service (including charter service) on a regular and continuing basis. (11) VEHICLE.—The term "vehicle" does not include a rail passenger car, railroad loco- motive, railroad freight car, railroad caboose, or a railroad car described in section 242 or covered under this title. SEC. 302. PROHIBITION OF DISCRIMINA- TION BY PUBLIC ACCOMMODATIONS. (a) GENERAL RULE.—No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, ser- vices, facilities, privileges, advantages, or accom- modations of any place of public accommoda- tion by any person who owns, leases (or leases to), or operates a place of public accommodation. (b) CONSTRUCTION.— (1) GENERAL PROHIBITION.— (A) ACTIVITIES.— (i) DENIAL OF PARTICIPATION.— It shall be discriminatory to subject an individual or class of individuals on the basis of a disability or disabilities of such individual or class, directly, or through contractual, licensing, or other ar- rangements, to a denial of the opportunity of the individual or class to participate in or benefit from the goods, services, facilities, privileges, advan- tages, or accommodations of an entity. (ii) PARTICIPATION IN UNEQUAL BENEFIT.—It shall be discriminatory to afford an individual or class of individuals, on the basis of a disability or disabilities of such individual or class, directly, or through contractual, licensing, or other arrangements with the opportunity to participate in or benefit from a good, service, facility, privilege, advantage, or accommodation that is not equal to that afforded to other individuals. (iii) SEPARATE BENEFIT.—It shall be discriminatory to provide an individual or class of individuals, on the basis of a disability or disabilities of such individual or class, directly, or through contractual, licensing, or other ar- rangements with a good, service, facility, privi• lege, advantage, or accommodation that is dif- ferent or separate from that provided to other individuals, unless such action is necessary to pro- vide the individual or class of individuals with a good, service, facility, privilege, advantage, or accommodation, or other opportunity that is as effective as that provided to others. (iv) INDIVIDUAL OR CLASS OF IN- DIVIDUALS.—For purposes of clauses (i) through (iii) of this subparagraph, the term "individual or class of individuals" refers to the clients or customers of the covered public accommodation that enters into the contractual, licensing or other arrangement. (B) INTEGRATED SETTINGS.—Goods, services, facilities, privileges, advantages, and ac- commodations shall be afforded to an individual with a disability in the most integrated setting appropriate to the needs of the individual. (C) OPPORTUNITY TO PARTICI- PATE.—Notwithstanding the existence of sepa- rate or different programs or activities provided in accordance with this section, an individual with a disability shall not be denied the opportunity to participate in such programs or activities that are not separate or different. (D) ADMINISTRATIVE METHODS.— An individual or entity shall not, directly or through contractual or other arrangements, utilize standards or criteria or methods of administration - (i) that have the effect of discriminating on the basis of disability; or (ii) that perpetuate the discrimination of others who are subject to common administra- tive control. (E) ASSOCIATION.—It shall be discriminatory to exclude or otherwise deny equal goods, services, facilities, privileges, advan- tages, accommodations, or other opportunities to an individual or entity because of the known disability of an individual with whom the in- dividual or entity is known to have a relation- ship or association. (2) SPECIFIC PROHIBITIONS.— (A) DISCRIMINATION.—For purposes of subsection (a), discrimination includes - (i) the imposition or application of eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities from fully and equally enjoying any goods, services, facilities, privileges, advantages, or accommodations, unless such criteria can be shown to be necessary for the provision of the goods, services, facilities, privileges, advantages, or accommodations being offered; (ii) a failure to make reasonable modifi- cations -in policies, practices, or procedures, when such modifications are necessary to afford such goods, services, facilities, privileges, advantages, or accommodations to individuals with disa- bilities, unless the entity can demonstrate that making such modifications would fundamentally alter the nature of such goods, services, facilities, privileges, advantages, or accommodations; (iii) a failure to take such steps as may be necessary to ensure that no individual with a disability is excluded, denied services, segre- gated or otherwise treated differently than other individuals because of the absence of auxiliary aids and services, unless the entity can demon- strate that taking such steps would fundamentally alter the nature of the good, service, facility, privilege, advantage, or accommodation being of- fered or would result in an undue burden; (iv) a failure to remove architectural barriers, and communication barriers that are structural in nature, in existing facilities, and transportation barriers in existing vehicles and rail passenger cars used by an establishment for transporting individuals (not including barriers that can only be removed through the retrofit- ting of vehicles or rail passenger cars by the in- stallation of a-�drauli<or other lift), where such removal is readily achievable; and (v) where an entity can demonstrate that the removal of a barrier under clause (iv) is not readily achievable, a failure to make such goods, services, facilities, privileges, advantages, or accommodations available through alternative methods if such methods are readily achievable. (B) FIXED ROUTE SYSTEM.— (i) ACCESSIBILITY.—It shall be con- sidered discrimination for a private entity which operates a fixed route system and which is not subject to section 304 to purchase or lease a vehi- cle with a seating capacity in excess of 16 passengers (including the driver) for use on such system, for which a solicitation is made after the 30th day following the effective date of this sub- paragraph, that is not readily accessible to and usable by individuals with disabilities, including -individuals who use wheelchairs ---- (ii) EQUIVALENT SERVICE. --If a private entity which operates a fixed route system and which is not subject to section 304 purchases or leases a vehicle with a seating capacity of 16 passengers or less (including the driver) for use on such system after the effective date of this sub- paragraph that is not readily accessible to or usable by individuals with disabilities, it shall be considered discrimination for such entity to fail to operate such system so that, when viewed in its entirety, such system ensures a level of ser- vice to individuals with disabilities, including in- dividuals who use wheelchairs, equivalent to the level of service provided to individuals without disabilities. (C) DEMAND RESPONSIVE SYSTEM.— or purposes of subsection (a), discrimination includes - (i) a failure of a private entity which operates a demand responsive system and which MRKLIFE 41 /'r is not subject to section 304 to operate such system so that, when viewed in its entirety, such system ensures a level of service to individuals with disabilities, including individuals who use wheelchairs, equivalent to the level of service pro- vided to individuals without disabilities; and (ii) the purchase or lease by such entity for use on such system of a vehicle with a seating capacity in excess of 16 passengers (including the driver), for which solicitations are made after the 30th day following the effective date of this sub- paragraph, that is not readily accessible to and usable ey individuals with disabilities (including individuals who use wheelchairs) unless such en- tity can demonstrate that such system, when viewed in its entirety, provides a level of service to individuals with disabilities equivalent to that provided to individuals without disabilities.. (D) OVER -THE -ROAD BUSES.— (i) LIMITATION ON APPLICABILI- TY.—Subparagraphs (B) and (C) do not apply to over -the -road buses. (ii) ACCESSBU17Y REQUIREMENTS.— or purposes of subsection (a), discrimination in- cludes (I) the purchase or lease of an over -the - road bus which does not comply with the regula- tions issued under section 306(aX2) by a private entity which provides transportation of in- dividuals and which is not primarily engaged in the business of transporting people, and (II) any other failure of such entity to comply with such regulations. (3) SPECIFIC CONSTRUCTION.—Nothing in this title shall require an entity to permit an individual to participate in or benefit from the goods, services, facilities, privileges, advantages and accommodations of such entity where such individual poses a direct threat to the health or safety of others. The term " direct threat" means a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices, or procedures or by the pro- vision of auxiliary aids or services. SEC. 303. NEW CONSTRUCTION AND ALTERATIONS W PUBLIC ACCOMMODA- TIONS AND COMMERCIAL FACILITIES. (a) APPLICATION OF TERM.—Except as pro- vided in subsection (b), as applied to public ac- commodations and commercial facilities, discrimination for purposes of section 302(a) includes - (1) a failure to design and construct facilities for first occupancy later than 30 months after the date of enactment of this Act that are readily ac- cessible to and usable by individuals with disa- bilities, except where an entity can demonstrate that it is structurally impracticable to meet -the requirements of such subsection in accordance with standards set forth or incorporated by reference in regulations issued under this title; and (2) with respect to a facility or part thereof that is altered by, on behalf of, or for the use of an establishment in a manner that affects or could affect the usability of the facility or part thereof, a failure -to make alterations in such a manner that,- to hat;to the maximum extent feasible, the altered por- tions of the facility are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. Where the en- tity is undertaking an alteration that affects, or could affect usability of or access to an area of the facility containing a primary function, the en- tity shall also make the alterations in such a man- ner that, to the maximum extent feasible, the path of travel to the altered area and the bathrooms, telephones, and drinking fountains serving the altered area, are readily accessible to and usable by individuals with disabilities where such altera- tions to the path of travel or the bathrooms, telephones, and drinking fountains serving the altered area are not disproportionate to the overall alterations in terms of cost and scope (as deter- mined under criteria established by the Attorney General). (b) ELEVATOR.—Subsection (a) shall not be construed to require the installation of an elevator for facilities that are less than three stories or have less than 3,000 square feet per story unless the building is a shopping center, a shopping mall, or the professional office of a health care provider or unless the Attorney General determines that a particular category of such facilities requires the installation of elevators based on the usage of such facilities. SEC. 304. PROHIBITION OF DISCRIMINA- TION IN SPECIFIED PUBLIC TRANSPORTA- TION SERVICES PROVIDED BY PRIVATE ENTITIES. (a) GENERAL RULE.—No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of specified public transportation services provided by a private en- tity that is primarily engaged in the business of transporting people and whose operations affect commerce. (b) CONSTRUCTION.—For purposes of subsection (a), discrimination includes - (1) the imposition or application by a entity described in subsection (a) of eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities from fully enjoying the specified public transportation services provided by the en- tity, unless such criteria can be shown to be necessary for the provision of the services being offered; (2) the failure of such entity to - (A) make reasonable modifications con- sistent with those required under section 30Z(bX2XAXii), (B) provide auxiliary aids and services con- sistent with the requirements of section 302(bX2XAXiii); and (C) remove barriers consistent with the re- quirements of section 3o2(bX2XA) and with the requirements of section 303(aX2), (3) the purchase or lease by such entity of a new vehicle (other than an automobile, a van with a seating capacity of less than 8 passengers, including the driver, or an over -the -road bus) which is to be used to provide specified public transportation and for which a solicitation is made after the 30th day following the effective date of this section, that is not readily accessible to and usable by individuals with disabilities, in- cluding individuals who use wheelchairs; except that the new vehicle need not be readily accessi- ble to and usable by such individuals if the new vehicle is to be used solely in a demand respon- sive system and if the entity can demonstrate that such system, when viewed in its entirety, pro- vides a level of service to such individuals equivalent to the level of service provided to the general public; (4XA) the purchase or lease by such entity of an over -the -road bus which does not comply with the regulations issued under section 306(aX2); and (B) any other failure of such entity to com- ply with such regulations; and (5) the purchase or lease by such entity of a new van with a seating capacity of less than 8 passengers, including the driver, which is to be used to provide specified public transportation and for which a solicitation is made after the 30th day following the effective date of this section that is not readily accessible to or usable by in- dividuals with disabilities, including individuals who use wheelchairs; except that the new van need not be readily accessible to and usable by such individuals if the entity can demonstrate that the system for which the van is being purchased or leased, when viewed in its entirety, provides a level of service to such individuals equivalent to the level of service provided to the general public; (6) the purchase or lease by such entity of a new rail passenger car that is to be used to pro- vide specified public transportation, and for which a solicitation is made later than 30 days after the effective date of this paragraph, that is not readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs; and (7) the remanufacture by such entity of a rail passenger car that is to be used to provide specified public transportation so as to extend its usable life for 10 years or more, or the purchase or lease by such entity of such a rail car, unless the rail car, to the maximum extent feasible, is made readily accessible to and usable by in- dividuals with disabilities, including individuals who use wheelchairs. (c) HISTORICAL OR ANTIQUATED CARS.— (1) EXCEPTION.—To the extent that com- pliance with subsection (bX2XC) or (bX7) would significantly alter the historic or antiquated character of a historical or antiquated rail passenger car, or a rail station served exclusive- ly by such cars, or would result in violation of any rule, regulation, standard, or order issued by the Secretary of Transportation under the Federal Railroad Safety Act of 1970, such compliance shall not be required. (2) DEFINtT1ON.—As used in this subsec- tion, the term "historical or antiquated rail passenger car' means a rail passenger car - (A) which is not less than 30 years old at the time of its use for transporting individuals; (B) the manufacturer of which is no longer in the business of manufacturing rail passenger cars; and (C) which - (i) has a consequential association with events or persons significant to the past; or (ii) embodies, or is being restored to em- body, the distinctive characteristics of a type of rail passenger car used in the past, or to repre- sent a time period which has passed. SEC. 305. STUDY. (a) PURPOSES.—The Office of Technology Assessment shall undertake a study to determine - (1) the access needs of individuals with disabilities to over -the -road buses and over -the - road bus service; and (2) the most cost-effective methods for pro- viding access to over -the -road buses and over -the - road bus service to individuals with disabilities, particularly individuals who use wheelchairs, through all forms of boarding options. (b) CONTENTS.—The study shall include, at a minimum, an analysis of the following: (1) The anticipated demand by individuals with disabilities for accessible over -the -road buses and over -the -road bus service. (2) The degree to which such buses and ser- vice, including any service required under sec- tions 304(bX4) and 306(aX2), are readily accessi- ble to and usable by individuals with disabilities. (3) The effectiveness of various methods of providing accessibility to such buses and service to individuals with disabilities. (4) The cost of providing accessible over -the - road buses and bus service to individuals with disabilities. including consideration o: technological and cost savinc development-, in equipment and de\i:es buses that could enhance accessibility, including the installation of accessible restrooms which do not result in a loss of seating capacity. (6) The impact of accessibility requirements on the continuation of over -the -road bus service, with particular consideration of the impact of such (u AD1vI50R-r CO!.,!.:, i cE.—c, Co -,.:a: - ing the study required by subsection (a), the Of- fice of Technology Assessment shall establish an advisory committee, which shall consist of - (1) members selected from among private operators and manufacturers of over -the -road buses; (2) members selected from among indi- viduals with disabilities, particularly individuals who use wheelchairs, who are potential riders of such buses; and (3) members selected for their technical ex- pertise on issues included in the study, including manufacturers of boarding assistance equipment and devices. The number of members selected under each of paragraphs (1) and (2) shall be equal, and the total number of members selected under paragraphs (1) and (2) shall exceed the number of members selected under paragraph (3). (d) DEADLINE.—The study required by subsection (a), along with recommendations by the Office of Technology Assessment, including any policy options for legislative action, shall be submitted to the President and Congress within 36 months after the date of the enactment of this Act. If the President determines that compliance with the regulations issued pursuant to section 306(aX2XB) on or before the applicable deadlines specified in section 306(aX2XB) will result in a significant reduction in intercity over -the -road bus service, the President shall extend each such deadline by 1 year. (e) REVIEW.—In developing the study re- quired by subsection (a), the Office of Tech. no logy Assessment shall provide a preliminary draft of such study to the Architectural and Transportation Barriers Compliance Board established under section 502 of the Rehabilita- tion Act of 1973 (29 U.S.C. 792). The Board shall have an opportunity to comment on such draft study, and any such comments by the Board made in writing within 120 days after the Board's receipt of the draft study shall be incorporated as part of the final study required to be submit- ted under subsection (d). SEC. 306. REGULATIONS. (a) TRANSPORTATION PROVISIONS. - 0) GENERAL RULE.—Not later than 1 year after the date of the enactment of this Act, the Secretary of Transportation shall issue regulations in an accessible format to carry out sections 302(bX2XB) and (C) and to carry out section 304 (other than subsection (6X41)). (2) SPECIAL RULES FOR PROVIDING AC- CESS TO OVER -THE -ROAD BUSES.— (A) INTERIM REQUIREMENTS. (i) ISSUANCE.—Not later than 1 year after the date of the enactment of this Act, the Secretary of Transportation shall issue regulations in an accessible format to carry out sections 304(bX4) and 302(bXZXDXii) that require each -".% ate enht,. which use an over -the -road bus tc provide transportation of indi\iduals t, pro- vide acct sibility to such bus: except that such 'Ei.:�2:.: r; <:'Sl� �.�t :Y\::7.:Y 3r'\ �t::.•l't'1C it cnanges in over•ihe-road Duces in oroer to pro- vide access to individuals who use wheelchairs during the effective period of such regulations and shall not require the purchase of boarding assistance devices to provide access to such individuals. EFFECTIVE PERIOD.—Tbe regula- _ . -ti_ -. _G'_ -'s .ice 1 .. tions issued under subparagraph tB). (B) FINAL REQUIREMENT.— (i) REVIEW OF STUDY AND IN. TERIM REQUIREMENTS.—The Secretary shall review the study submitted under section 305 and the regulations issued pursuant to subparagraph (A). (ii) ISSUANCE.—Not later than 1 year after the date of the submission of the study under section 305, the Secretary shall issue in an accessible format new regulations to carry out sec- tions 304(6X4) and 302(bX2XDXii) that require, taking into account the purposes of the study under section 305 and any recommendations resulting from such study, each private entity which uses an over -the -road bus to provide transportation to individuals to provide accessi- bility to such bus to individuals with disabilities, including individuals who use wheelchairs. (iii) EFFECTIVE PERIOD.—Subject to section 305(d), the regulations issued pursuant to this subparagraph shall take effect - (1) with respect to small providers of transportation (as defined by the Secretary), 7 years after the date of the enactment of this Act; and (II) with respect to other providers of transportation, 6 years after such date of enactment. (C) LIMITATION ON REQUIRING IN. STALLATION OF ACCESSIBLE RESTROOMS.— The regulations issued pursuant to this paragraph shall not require the installation of accessible restrooms in over -the -road buses if such installa- tion would result in a loss of seating capacity. (3) STANDARDS.—The regulations issued pursuant to this subsection shall include standards applicable to facilities and vehicles covered by sections 302(bX2) and 304. (b) OTHER PROVISIONS.—Not later than 1 year after the date of the enactment of this Act, the Attorney General shall issue regulations in an accessible format to carry out the provisions of this title not referred to in subsection (a) that include standards applicable to facilities and vehicles covered under section 302. (c) CONSISTENCY WITH ATBCB GUIDE- LINES.—Standards included in regulations issued under subsections (a) and (b) shall be consistent with the minimum guidelines and requirements issued by the Architectural and Transportation Barriers Compliance Board in accordance with section 504 of this Act. (c)) INTERIM-ACCESSB11M STANDARDS.— (1) FACILITIES.—If final regulations have not been issued pursuant to this section, for new construction or alterations for which a valid and appropriate State or local building permit is ob- tained prior to the issuance of Final regulations under this section, and for which the construc- tion or alteration authorized by such permit . begins within one year of the receipt of such per- mit and is completed under the t-erms of such per- mit. compliance with the Uniform Federal Ac- ce,sibilit\ Standards in efttNA at the time the ;'CildU`� CVtllUt ks hdll .11rlt\C tv paha\ tnE :ey, renienr that :aC-i;-'e ce :ea q a zm.- ble to and usable by persons with disabilities as required under section 303, except that, if such final regulations have not been issued one year after the Architectural and Transportation Bar- riers Compliance Board has issued the supplemen- tal minimum guidelines required under section .rr. _� zr�` -1ti.the rttiluirement that facilities l� rra.11l\ accessible to anti usable by persons wills disabililies prior to issuance of the final regulations. (2) VEHICLES AND RAIL PASSENGER CARS.—If final regulations have not been issued pursuant to this section, a private entity shall be considered to have complied with the re- quirements of this title, if any, that a vehicle or rail passenger car be readily accessible to and usable by individuals with disabilities, if the design for such vehicle or car complies with the laws and regulations (including the Minimum Guidelines and Requirements for Accessible Design and -such supplemental minimum guidelines as are issued under section 504(a) of this Act) governing accessibility of such vehicles or cars, to the extent that such laws and regula- tions are not inconsistent with this title and are in effect at the time such design is substantially completed. SEC. 307. EXEMPTIONS FOR PRIVATE CLUBS AND RELIGIOUS ORGANIZATIONS. The provisions of this title shall not apply to private clubs or establishments exempted from coverage under title 11 of the Civil Rights Act of 1964 (42 U.S.C. 2000-a(e)) or to religious organi- zations or entities controlled by religious organiza- tions, including places of worship. SEC. 308. ENFORCEMENT. (a) IN GENERAL.— (1) AVAILABILITY OF REMEDIES AND PROCEDURES. -The remedies and procedures set forth in section 204(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000a -3(a)) are the remedies MRKL/FE 4 3 and procedures this title provides to any person who is being subjected to discrimination on the basis of disability in violation of this title or who has reasonable grounds for believing that such person is about to be subjected to discrimination in violation of section 303. Nothing in this sec- tion shall require a person with a disability to engage in a futile gesture if such person has ac- tual notice that a person or organization covered by this title does not intend to comply with its provisions. (2) INJUNCTIVE RELIEF.—In the case of violations of sections 302(bX2XAXiv) and section 303(x), injunctive relief shall include an order to alter facilities- to make such facilities readily ac- cessible to and usable by individuals with disa- bilities to the extent required by this title. Where appropriate, injunctive relief shall also include re- quiring the provision of an auxiliary aid or ser- vice, modification of a policy, or provision of alternative methods, to the extent required by this title. (b) ENFORCEMENT BY THE ATTORNEY GENERAL.— (1) DENIAL OF RIGHTS.— (A) DUTY TO INVESTIGATE.— (i) IN GENERAL.—The Attorney General shall investigate alleged violations of this title, and shall undertake periodic reviews of com- pliance of covered entities under this title. (ii) ATTORNEY GENERAL CERTIFI- CATION.—On the application of a State or local government, the Attorney General may, in con- sultation with the Architectural and Transporta- tion Barriers Compliance Board, and after prior notice and a public hearing at which persons, in- cluding individuals with disabilities, are provid- ed an opportunity to testify against such certifica- tion, certify that a State law or local building code or similar ordinance that establishes accessibility requirements meets or exceeds the minimum re- quirements of this Act for the accessibility and usability of covered facilities under this title. At any enforcement proceeding under this section, such certification by the Attorney General shall be rebuttable evidence that such State law or local ordinance does meet or exceed the minimum re- quirements of this Act. (B) POTENTIAL VIOLATION.—If the Attorney General has reasonable cause to believe that -------- (i) any person or group of persons is engaged in a pattern or practice of discrimination under this title; or (ii) any person or group of persons has been discriminated against under this title and such discrimination raises an issue of general public importance, the Attorney General may commence a civil ac- tion in any appropriate United States district court. (2) AUTHORITY OF COURT.—In a civil action under paragraph (1XB), the court - (A) may grant any equitable relief that such court considers to be appropriate, including, to the extent required by this title - (i) granting temporary, preliminary, or permanent relief; (ii) providing an auxiliary aid or service, modification of policy, practice, or procedure, or -alternative method;- and (iii) making facilities readily accessible to and usable by individuals with disabilities; (B) may award such other relief as the court considers to be appropriate, including monetary damages to persons aggrieved when requested by the Attorney General; and (C) may, to vindicate the public interest, assess a civil penalty against the entity in an amount - (i) not exceeding $50,000 for a first violation; and (ii) not exceeding $100,000 for any subsequent violation. (3) SINGLE VIOLATION.—For purposes of paragraph (2XC), in determining whether a first or subsequent violation has occurred, a deter- mination in a single action, by judgment or set- tlement, that the covered entity has engaged in more than one discriminatory act shall be counted as a single violation. (4) PUNITIVE DAMAGES.—For purposes of subsection (bX2XB), the term "' monetary damages" and "such other relief" does not include punitive damages. (5) JUDICIAL CONSIDERATION.—In a civil action under paragraph (1XB), the court, when considering what amount of civil penalty, if any, is appropriate, shall give consideration to any good faith effort or attempt to comply with this Act by the entity. In evaluating good faith, the court shall consider, among other factors it deems relevant, whether the entity could have reasonably anticipated the need for an appropri- ate type of auxiliary aid needed to accommodate the unique needs of a particular individual with a disability. SEC. 309. EXAMINATIONS AND COURSES. Any person that offers examinations or courses related to applications, licensing, certification, or credentialing for secondary or postsecondary education, professional, or trade purposes shall offer such examinations or courses in a place and manner accessible to persons with disabilities or offer alternative accessible arrangements for such individuals. SEC. 310. EFFECTIVE DATE. (a) GENERAL RULE.—Except as provided in subsections (b) and (c), this title shall become ef- fective 18 months after the date of the enactment of this Act. (b) CIVIL ACTIONS.—Except for any civil ac- tion brought for a violation of section 303, no civil action shall be brought for any act or omis- sion described in section 302 which occurs - (1) during the first b months after the effec- tive date, against businesses that employ 25 or fewer employees and have gross receipts of $1,000,000 or less; and (2) during the first year after the effective date, against businesses that employ 10 or fewer employees and have gross receipts of $500,000 or less. (c) EXCEPTION.—Sections 302(a) for purposes of section 302(bX2XB) and (C) only, 304(a) for pur- poses of section 304(6X3) only, 304(bX3), 305, and 306 shall take effect on the date of the enactment of this Act. TITLE IV -TELECOMMUNICATIONS SEC. 401. TELECOMMUNICATIONS RELAY SERVICES FOR HEARING-IMPAIRED AND SPEECH- IMPAIRED INDIVIDUALS. (a) TELECOMMUNICATIONS.—Title II of the Communications Act of 1934 (47 U.S.C. 201 et seq.) is amended by adding at the end thereof the following new section: "SEC. 225. TELECOMMUNICATIONS SER- VICES FOR HEARING-IMPAIRED AND SPEECH -IMPAIRED INDIVIDUALS. (a) DEFINITIONS.—As used in this section - (1) COMMON CARRIER OR CAR- RIER.—The term 'common carrier' or 'carrier' in- cludes any common carrier engaged in interstate communication by wire or radio as defined in sec- tion 3(h) and any common carrier engaged in in- trastate communication by wire or radio, not- withstanding sections 2(b) and 221(b). (2) TDD.—The term 'TDD' means a Telecommunications Device for the Deaf, which is a machine that employs graphic communica- tion in the transmission of coded signals through a wire or radio communication system. (3) TELECOMMUNICATIONS RELAY SERVICES.—The term 'telecommunications relay services' means telephone transmission services that provide the ability for an individual who has a hearing impairment or speech impairment to engage in communication by wire or radio with a hearing individual in a manner that is functional- ly equivalent to the ability of an individual who does not have a hearing impairment or speech impairment to communicate using voice com- munication services by wire or radio. Such term includes services that enable two-way com- munication between an individual who uses a TDD or other nonvoice terminal device and an individual who does not use such a device. "(b) AVAILABILITY OF TELECOMMUNI- CATIONS RELAY SERVICES.— (1) IN GENERAL.—In order to carry out the purposes established under section 1, to make available to all individuals in the United States a rapid, efficient nationwide communication ser- vice, and to increase the utility of the telephone system of the Nation, the Commission shall en- sure that interstate and intrastate telecommunica- tions relay services are available, to the extent possible and in the most efficient manner, to hearing-impaired and speech -impaired individuals in the United States. (2) USE OF GENERAL AUTHORITY AND REMEDIES.—For the purposes of administering and enforcing the provisions of this section and the regulations prescribed thereunder, the Com- mission shall have the same authority, power, and functions with respect to common carriers engag- ed in intrastate communication as the Commis- sion has in administering and enforcing the pro- visions of this title with respect to any common carrier engaged in interstate communication. Any violation of this section by any common carrier engaged in intrastate communication shall be sub- ject to the same remedies, penalties, and pro- cedures as are applicable to a violation of this Act by a common carrier engaged in interstate communication. "(c) PROVISION OF SERVICES.—Each com- mon carrier providing telephone voice transmis- sion services shall, not later than 3 years after the date of enactment of this section, provide in com pliance with the regulations prescribed under this section, throughout the area in which it offers ser- vice, telecommunications relay services, in- dividually, through designees, through a com- petitively selected vendor, or in concert with other carriers. A common carrier shall be con- sidered to be in compliance with such regulations- 11_. (1) with respect to intrastate telecommwmica- tions relay services in any State that does not have a certified program under subsection (f) and with respect to interstate telecommunications relay ser- vices, if such common carrier (or other entity through which the carrier is providing such relay services) is in compliance with the Commission's regulations under subsection (d); or (2) with respect to intrastate telecommunica- tions relay services in any State that has a cer- tified program under subsection (f) for such State, if such common carrier (or other entity through which the carrier is providing such relay services) is in compliance with the program certified under subsection (f) for such State. "(d) REGULATIONS.— (1) IN GENERAL.—The Commission shall, not later than 1 year after the date of enactment of this section, prescribe regulations to implement this section, including regulations that - (A) establish functional requirements, guidelines, and operations procedures for telecommunications relay services; (B) establish minimum standards that shall be met in carrying out subsection (c); (C) require that telecommunications relay services operate every day for 24 hours per day; (D) require that users of telecommunica- tions relay services pay rates no greater than the rates paid for functionally equivalent voice com- munication services with respect to such factors as the duration of the call, the time of day, and the distance from point of origination to point of termination; (E) prohibit relay operators from failing to fulfill the obligations of common carriers by refusing calls or limiting the length of calls that use telecommunications relay services; (F) prohibit relay operators from disclos- ing the content of any relayed conversation and from keeping records of the content of any such conversation beyond the duration of the call; and (G) prohibit relay operators from inten- tionally altering a relayed conversation. (2) TECHNOLOGY.—The Commission shall ensure that regulations prescribed to imple- ment this section encourage, consistent with sec- tion 7(a) of this Act, the use of existing technology and do not discourage or impair the development of improved technology. (3) JURISDICTIONAL SEPARATION OF COSTS.— (A) IN GENERAL. -Consistent with the provisions of section 410 of this Act, the Com- mission shall prescribe regulations governing the jurisdictional separation of costs for the services provided pursuant to this section. (B) RECOVERING COSTS.—Such regulations shall generally provide that costs caus- ed by interstate telecommunications relay services shall be recovered from all subscribers for every interstate service and costs caused by intrastate telecommunications relay services shall be recovered from the intrastate jurisdiction. In a State that has a certified program under subsec- tion (f), a State commission shall permit a com- mon carrier to recover the costs incurred in pro- viding intrastate telecommunications relay ser- vices by a method consistent with the re- quirements of this section. "(e) ENFORCEMENT.— (1) IN GENERAL.—Subject to subsections (f) and (g), the Commission shall enforce this section. (2) COMPLAINT.—The Commission shall resolve, by final order, a complaint alleging a violation of this section within 180 days after the date such complaint is filed. "(f) CERTIFICATION.— (1) STATE DOCUMENTATION.—Any State desiring to establish a State program under this section shall submit documentation to the Commission that describes the program of such State for implementing intrastate telecommunica- tions relay services and the procedures and remedies available for enforcing any requirements imposed by the State program. (2) REQUIREMENTS FOR CERTIFICA- TION.—After review of such documentation, the Commission shall certify the State program if the Commission determines that - (A) the program makes available to hearing-impaired and speech -impaired in- dividuals, either directly, through designees, through a competitively selected vendor, or through regulation of intrastate common carriers, intrastate telecommunications relay services in such State in a manner that meets or exceeds the requirements of regulations prescribed by the Commission under subsection (d); and (B) the program makes available adequate procedures and remedies for enforcing the re- quirements of the State program. (3) METHOD OF FUNDING.—Except as provided in subsection (d), the Commission shall not refuse to certify a State program based sole- ly on the method such State will implement for funding intrastate telecommunication relay services. (4) SUSPENSION OR REVOCATION OF CERTIFICATION.—The Commission may sus- pend or revoke such certification if, after notice and opportunity for hearing, the Commission determines that such certification is no longer warranted. In a State whose program has been suspended or revoked, the Commission shall take such steps as may be necessary, consistent with this section, to ensure continuity of telecom- munications relay services. "(g) COMPLAINT.— "(1) REFERRAL OF COMPLAINT.—If a complaint to the Commission alleges a violation of this section with respect to intrastate telecom- munications relay services within a State and cer- tification of the program of such State under subsection (f) is in effect, the Commission shall refer such complaint to such State. "(2) JURISDICTION OF COMMISSION.— After referring a complaint to a State under paragraph (1), the Commission shall exercise jurisdiction over such complaint only if - "(A) final action under such State program has not been taken on such complaint by such State - "(i) within 180 days after the complaint is filed with such State; or "(ii) within a shorter period as prescrib- ed by the regulations of such State; or _ "(B) the Commission determines that such State program is no longer qualified for certifica- tion under subsection (f).". (b) CONFORMING AMENDMENTS.—The Communications Act of 1934 (47 U.S.C. 151 et seq.) is amended - (1) in section 2(b) (47 U.S.C. 152(b)), by strik- ing "section 224" and inserting "sections 224 and 225'; and (2) in section 221(b) (47 U.S.C. 221(b)), 6y striking "section 301" and inserting "sections 225 and 301'. SEC. 402. CLOSED -CAPTIONING OF PUBLIC SERVICE ANNOUNCEMENTS. Section 711 of the Communications Act of 1934 is amended to read as follows: "SEC. 711. CLOSED -CAPTIONING OF PUBLIC SERVICE ANNOUNCEMENTS. "Any television public service announcement that is produced or funded in whole or in part by any agency or instrumentality of Federal Government shall include closed captioning of the verbal content of such announcement. A television broadcast station licensee - ,U) shall not be required to supply closed captioning for any such announcement that fails to include it; and "(2) shall not be liable for broad- casting any such announcement without transmit- ting a closed caption unless the licensee inten- tionally fails to transmit the closed caption that was included with the announcement.'. TITLE V—MISCELLANEOUS PROVISIONS SEC. 501. CONSTRUCTION. (a) IN GENERAL.—Except as otherwise pro- vided in this Act, nothing in this Act shall be con- strued to apply a lesser standard than the stan- dards applied under title V of the Rehabilitation Act of 1973 (29 U.S.C. 790 et seq.) or the regula- tions issued by Federal agencies pursuant to such title. (b) RELATIONSHIP TO OTHER LAWS. -- Nothing in this Act shall be construed to in- validate or limit the remedies, rights, and pro- cedures of any Federal law or law of any State or political subdivision of any State or jurisdic- tion that provides greater or equal protection for the rights of individuals with disabilities than are afforded by this Act. Nothing in this Act shall be construed to preclude the prohibition of, or the imposition of restrictions on, smoking in places of employment covered by title 1, in transportation covered by title (1 or 111, or in places of public accommodation covered by title 111. (c) INSURANCE.—Titles I through IV of this Act shall not be construed to prohibit or restrict - (1) an insurer, hospital or medical service com- pany, health maintenance organization, or any agent, or entity that administers benefit plans, or similar organizations from underwriting risks, classifying risks, or administering such risks that are based on or not inconsistent with State law; or (2) a person or organization covered by this Act from establishing, sponsoring, observing or administering the terms of a bona fide benefit plan that are based on underwriting risks, classi- fying risks, or administering such risks that are based on or n mconsisFent with State law; or (3) a person or organization covered by this Act from establishing, sponsoring, observing or administering the terms of a bona fide benefit plan that is not subject to State laws that regulate insurance. Paragraphs (1), (2), and (3) shall not be used as a subterfuge to evade the purposes of title I and 111. IA7nRKT TT- : (d) ACCOMMODATIONS AND SER- -VICES.—Nothing inthis-Aet-shall be construed to require an individual with a disability to ac- cept an accommodation, aid, service, opportuni- ty, or benefit which such individual chooses not to accept. SEC. 502. STATE IMMUNITY. A State shall not be immune under the eleventh amendment to the Constitution of the United States from an action in Federal or State court of competent jurisdiction for a violation of this Act. In any action against a State for a viola- tion of the requirements of this Act, remedies (in- cluding remedies 1%,th at lay.' and in equity) are available for such a violation to the 1:71e e"er.t as such reme&cs are available ror such a Viola- tion in an action against any public or private en- tily other than a State. SEC. 503. PROHIBITION AGAINST RETAUA- TION AND COERCION. (a) RETALIATION.—No person shall discriminate against any individual because such individual has opposed any act or practice made unlawful by this Act or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this Act. (b) INTERFERENCE, COERCION, OR IN- TIMIDATION.—It shall be unlawful to coerce, intimidate, threaten, or interfere with any in- dividual in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or en- couraged any other individual in the exercise or enjoyment of, any right granted or protected by this -Act. - (c) REMEDIES AND PROCEDURES.—The remedies and procedures available under sections 107, 203, and 308 of this Act shall be available to aggrieved persons for violations of subsections (a) and (b), with respect to title 1, title 11 and title 111, respectively. SEC. 504. REGULATIONS BY THE ARCHITEC- TURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD. (a) ISSUANCE OF GUIDELINES.—Not later than 9 months after the date of enactment of this Act, the Architectural and Transportation Barriers Compliance Board shall issue minimum guidelines that shall supplement the existing Minimum Guidelines and Requirements for Accessible Design for purposes of titles 11 and III of this Act. (b) CONTENTS OF GUIDELINES.—The sup- plemental guidelines -issued -under subsection (a) shall establish additional requirements, consistent with this Act, to ensure that buildings, facilities, rail passenger cars, and vehicles are accessible, in terms of architecture and design, transportation, and communication, to individuals with disabilities. (c) QUALIFIED HISTORIC PROPERTIES.— (1) IN GENERAL.—The supplemental guidelines issued under subsection (a) shall include procedures and requirements for alterations that will threaten or destroy the historic significance of qualified historic buildings and facilities as defined in 4.1.7(Ixa) of the Uniform Federal Ac- cessibility Standards. (2) SITES ELIGIBLE FOR LISTING IN NA- TIONAL REGISTER.—With respect to altera- tions of buildings or facilities that are eligible for WORKLIFE 46 /'N listing in the National Register of Historic Places under the National Historic Preservation Act (16 U.S.C. 470 et seq.), the guidelines described in paragraph (1) shall, at a minimum, maintain the procedures and requirements established in 4.1.7(1) and (2) of the Uniform Federal Accessibili- ty Standards. (3) OTHER SITES.—With respect to altera- tions of buildings or facilities designated as historic under State or local law, the guidelines described in paragraph (1) shall establish pro- cedures equivalent to those established by 4.1.7(1x6) and (c) of the Uniform Federal Ac- cessibility Standards, and shall require, at a minimum. compliance with the requirement, establisheJ in -1.' _ I or . such stxrlJa-ds. SEC ;o>. -\T70R.\E1 5 FEES. In any action or administrative proceeding commenced pursuant to this Act, the court or agency, in its discretion, may allow the prevail- ing party, other than the United States, a reasonable attorney's fee, including litigation ex- penses, and costs, and the United States shall be liable for the foregoing the same as a private individual. SEC. 506. TECHNICAL ASSISTANCE. (a) PLAN FOR ASSISTANCE.— (1) IN GENERAL.—Not later than 180 days after the date of enactment of this Act, the At- torney General, in consultation with the Chair of the Equal Employment Opportunity Commis- sion, the Secretary of Transportation, the Chair of the Architectural and Transportation Barriers Compliance Board, and the Chairman of the Federal Communications Commission, shall develop a plan to assist entities covered under this Act, and other Federal agencies, in understan- ding the responsibility of such entities and agen- cies under this Act. (2) PUBLICATION OF PLAN.—The At- torney General shall publish the plan referred to in paragraph (1) for public comment in accor- dance with subchapter II of chapter 5 of title 5, United States Code (commonly known as the Ad- ministrative Procedure Act). (b) AGENCY AND PUBLIC ASSISTANCE.— The Attorney General may obtain the assistance of other Federal agencies in carrying out subsec- tion (a), including the National Council on Disability, the President's Committee on Employ- ment of People with Disabilities, the Small Business Administration, and the Department of Commerce. (c) IMPLEMENTATION— (1) RENDERING ASSISTANCE.—Each Federal agency that has responsibility under paragraph (2) for implementing this Act may render technical assistance to individuals and in- stitutions that have rights or duties under the respective title or titles for which such agency has responsibility. (2) IMPLEMENTATION OF TITLES.— (A) TITLE 1.—The Equal Employment Opportunity Commission and the Attorney General shall implement the plan for assistance developed under subsection (a), for title I. (B) TITLE Il.— (i) SUBTITLE A.—The Attorney General shall implement such plan for assistance for subtitle A of title 11. (ii) SUBTITLE B.—The Secretary of Transportation shall implement such plan for assistance for subtitle B of title 11. (C) TITLE III.—The Attorney General, in coordination with the Secretary of Transporta- tion and the Chair of the Architectural Transpor- tation Barriers Compliance Board, shall imple- ment such plan for assistance for title Ill, except for section 304, the plan for assistance for which shall be implemented by the Secretary of Transportation. (D) TITLE IV.—The Chairman of the Federal Communications Commission, in coor- dination with the Attorney General, shall imple- ment such plan for assistance for title IV. (3) TECHNICAL ASSISTANCE n1ANUAl_S.—Each Federal agency that has resr,o :ibility uncle- ^ara,..arh _' for imp!e:rnen- in, prl vision of appropriate technical a-r'istance manulls to individuals or entities with r`ght% or duties under this Act no later than six months after ap- plicable final regulations are published under titles 1, 11, 111, and IV. (d) GRANTS AND CONTRACTS.— (1) IN GENERAL.—Each Federal agency that has responsibility under subsection (cx2) for im- plementing this Act may make grants or award contracts to effectuate the purposes of this sec- tion, subject to the availability of appropriations. Such grants and contracts may be awarded to in- dividuals, institutions not organized for profit and no part of the net earnings of which inures to the benefit of any private shareholder or in- dividual (including educational institutions), and associations representing individuals who have rights or duties under this Act. Contracts may be awarded to entities organized for profit, but such entities may not be the recipients or grants described in this paragraph. (2) DISSEMINATION OF INFORMA- TION.—Such grants and contracts, among other uses, may be designed to ensure wide dissemina- tion of information about the rights and duties established by this Act and to provide informa- tion and technical assistance about techniques for effective compliance with this Act. (e) FAILURE TO RECEIVE ASSISTANCE.— An employer, public accommodation, or other entity covered under this Act shall not be excus- ed from compliance with the requirements of this Act because of any failure to receive technical assistance under this section, including any failure in the development or dissemination of any technical assistance manual authorized by this section. SEC. 507. FEDERAL WILDERNESS AREAS. (a) STUDY.—The National Council on Disability shall conduct a study and report on the effect that wilderness designations and wilderness land management practices have on the ability of individuals with disabilities to use and enjoy the National Wilderness Preservation System as established under the Wilderness Act (16 U.S.C. 1131 et seq.). (b) SUBMISSION OF REPORT.—Not later than 1 year after the enactment of this Act, the National Council on Disability shall submit the report required under subsection (a) to Congress. (c) SPECIFIC WILDERNESS ACCESS.— (1) IN GENERAL.—Congress reaffirms that nothing in the Wilderness Act is to be construed as prohibiting the use of a wheelchair in a wilderness area by an individual whose disabili- ty requires use of a wheelchair, and consistent with the Wilderness Act no agency is required to provide any form of special treatment or ac commodation, or to construct any facilities or modify any conditions of lands within a wilderness area in order to facilitate such use. (2) DEFINITION.—For purposes of paragraph (1), the term "wheelchair" means a device designed solely for use by a mobility - impaired person for locomotion, that is suitable for use in an indoor pedestrian area. SEC. 508. TRANSVESTITES. For the purposes of this Act, the term "disabl- ed" or "disability" shall not apply to an individual solely because that individual is a transvestite. SEC. 509. COVERAGE OF CONGRESS AND THE AGENCIES OF THE LEGISLATIVE BRANCH. (a) COVERAGE OF THE SENATE.— (1) COMMITMENT TO RULE XLII.—The Senate reaffirms its commitment to Rule XLII of the Standing Rules of the Senate which provides as follows: "No member, officer, or employee of the Senate shall, with respect to employment by the Senate or any office thereof - (a) fail or refuse to hire an individual; "'(b) discharge an individual; or (c) otherwise discriminate against an in- dividual with respect to promotion, compensa- tion, or terms, conditions, or privileges of employment on the basis of such individual's race, color, religion, sex, national origin, age, or state of physical handicap.'. (2) APPLICATION TO SENATE EMPLOY- MENT.—The rights and protections provided pursuant to this Act, the Civil Rights Act of 1990 (S. 2104, 101st Congress), the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, and the Rehabilitation Act of 1973 shall apply with respect to employment by the United States Senate. (3) INVESTIGATION AND ADJUDICA- TION OF CLAIMS.—AIL claims raised by any individual with respect to Senate employment, pursuant to the Acts referred to in paragraph (2), shall be investigated and adjudicated by the Select Committee on Ethics, pursuant to S. Res. 338, 88th Congress, as amended, or such other entity as the Senate may designate. (4) RIGHTS OF EMPLOYEES.—The Com- mittee on Rules and Administration shall ensure that Senate employees are informed of their rights under the Acts referred to in paragraph (2). (5) APPLICABLE REMEDIES.—When assigning remedies to individuals found to have a valid claim under the Acts referred to in paragraph (2), the Select Committee on Ethics, or such other entity as the Senate may designate, should to the extent practicable apply the same remedies applicable to all other employees covered by the Acts referred to in paragraph (2). Such remedies shall apply exclusively. (6) MATTERS OTHER THAN EMPLOY- MENT. --- (A) IN GENERAL.—The rights and pro- tections under this Act shall, subject to sub- paragraph (B), apply with respect to the conduct of the Senate regarding matters other than employment. (B) REMEDIES.—The Architect of the Capitol shall establish remedies and procedures to be utilized with respect to the rights and pro- tections provided pursuant to subparagraph (A). Such remedies and procedures shall apply ex- clusively, after approval in accordance with sub- paragraph (C). (C) PROPOSED REMEDIES AND PRO- CEDURES.—For purposes of subparagraph (B), the Architect of the Capitol shall submit propos- ed remedies and procedures to the Senate Com- mittee on Rules and Administration. The remedies and procedures shall be effective upon the approval of the Committee on Rules and Administration. (7) EXERCISE OF RULEMAKING POWER.—Notwithstanding any other provision of law, enforcement and adjudication of the rights and protections referred to in paragraph (2) and WA) shall be within the exclusive jurisdiction of the United States Senate. The provisions of paragraphs (1), (3), (4), (5), (60, and (6)(C) are enacted by the Senate as an exercise of the rulemaking power of the Senate, with full recognition of the right of the Senate to change its rules, in the same manner, and to the same extent, as in the case of any other rule of the Senate. (b) COVERAGE OF THE HOUSE OF REPRESENTATIVES.— (1) IN GENERAL.—Notwithstanding any other provision of this Act or of law, the pur- poses of this Act shall, subject to paragraphs (2) and (3), apply in their entirety to the House of Representatives. (2) EMPLOYMENT IN THE HOUSE.— (A) APPLICATION.—The rights and pro- tections under this Act shall, subject to sub- paragraph (B), apply with respect to any employee in an employment position in the House of Representatives and any employing authority of the House of Representatives. (B) ADMINISTRATION.— (i) IN GENERAL.—In the administra- tion of this paragraph, the remedies and pro- cedures made applicable pursuant to the resolu. Hon described in clause (ii) shall apply exclusively. (ii) RESOLUTION.—The resolution referred to in clause (i) is House Resolution 15 of the One Hundredth First Congress, as agreed to January 3, 1989, or any other provision that continues in effect the provisions of, or is a suc- cessor to, the Fair Employment Practices Resolu- tion (House Resolution 558 of the One Hun- dredth Congress, as agreed to October 4, 1988). (C) EXERCISE OF RULEMAKING POWER.—The provisions of subparagraph (B) are enacted by the House of Representatives as an exercise of the rulemaking power of the House of Representatives, with full recognition of the right of the House to change its rules, in the same manner, and to the same extent as in the case of any other rule of the House. (3) MATTERS OTHER THAN EMPLOY- MENT.— (A) IN GENERAL.—The rights and pro- tections under this Act shall, subject to sub- paragraph (B), apply with respect to the conduct of the House of Representatives regarding mat- ters other than employment. (B) REMEDIES.—The Architect of the Capitol shall establish remedies and procedures to be utilized with respect to the rights and pro- tections provided pursuant to subparagraph (A). Such remedies and procedures shall apply ex- clusively, after approval in accordance with sub- paragraph (C). (C) APPROVAL.—For purposes of sub- paragraph (B), the Architect of the Capitol shall submit proposed remedies and procedures to the Speaker of the House of Representatives. The remedies and procedures shall be effective upon the approval of the Speaker, after consultation with the House Office Building Commission. (c) INSTRUMENTALITIES OF CONGRESS.— (1) IN GENERAL.—The rights and protec- tions under this Act shall, subject to paragraph (2), apply with respect to the conduct of each in- strumentality of the Congress. (2) ESTABLISHMENT OF REMEDIES AND PROCEDURES BY INSTRUMENTALITIES.— The chief official of each instrumentality of the Congress shall establish remedies and procedures to be utilized with respect to the rights and pro- tections provided pursuant to paragraph (1). Such remedies and procedures shall apply exclusively. (3) REPORT TO CONGRESS.—The chief official of each instrumentality of the Congress shall, after establishing remedies and procedures for purposes of paragraph (2), submit to the Con- gress a report describing the remedies and procedures. (4) DEFINITION OF INSTRUMEN- TALITIES.—Fe"urposes- of this section,- in- strumentalities of the Congress include the following: the Architect of the Capitol, the Con- gressional Budget Office, the General Accoun- ting Office, the Government Printing Office, the Library of Congress, the Office of Technology Assessment, and the United States Botanic Garden. (5) CONSTRUCTION.—Nothing in this section shall alter the enforcement procedures for individuals with disabilities provided in the General Accounting Office Personnel Act of 1980 and regulations promulgated pursuant to that Act. SEC. 510. ILLEGAL USE OF DRUGS. (a) IN GENERAL.—For purposes of this Act, the term "individual with a disability" does not include an individual who is currently engaging in the illegal use of drugs, Aen the covered en. tity acts on the basis of such use. (b) RULES OF CONSTRUCTION.—Nothing in subsection (a) shall be construed to exclude as an individual with a disability an individual who - (1) has successfully completed a supervised drug rehabilitation program and is no longer engaging in the illegal use of drugs; or has other- wise been rehabilitated successfully and is no longer engaging in such use; (2) is participating in a supervised rehabilita- tion program and is no longer engaging in such use; or (3) is erroneously regarded as engaging in such use, but is not engaging in such use; except that it shall not be a violation of this Act for a covered entity to adopt or administer reasonable policies or procedures, including but not limited to drug testing, designed to ensure that an in- dividual described in paragraph (1) or (2) is no longer engaging in the illegal use of drugs; how- ever, nothing in this section shall be construed to encourage, prohibit, restrict, or authorize the conducting of testing for the illegal use of drugs. (c) HEALTH AND OTHER SERVICES.— Notwithstanding subsection (a) and section 511(bX3), an individual shall not be denied health services, or services provided in connection with drug rehabilitation, on the basis of the current illegal use of drugs if the individual is otherwise entitled to such services. MRKLIFE 4 7 /^, (d) DEFINITION OF ILLEGAL USE OF DRUGS. - 0) IN GENERAL.—The term "illegal use of drugs" means the use of drugs, the possession or distribution of which is unlawful under the Con- trolled Substances Act (21 U.S.C. 812). Such term does not include the use of a drug taken under supervision by a licensed health care professional, or other uses authorized by the Controlled Substances Act or other provisions of Federal law. (2) DRUGS.—The term "drug" means a con- trolled substance, as defined in schedules I through V of section 202 of the Controlled Substances Act. SEC. 511. DEFINITIONS. (a) HOMOSEXUALITY AND BtSEXUALI- TY.—For purposes of the definition of "disabili- ty" in section 3(2), homosexuality and bisexuali- ty are not impairments and as such are not disabilities under this Act. (b) CERTAIN CONDITIONS.—Under this Act, the term "disability" shall not include - (1) transvestism, transsexualism, pedophilia, exhibitionism, voyeurism,_ gender_ identity disorders not resulting from physical im- pairments, or other sexual behavior disorders; (2) compulsive gambling, kleptomania, or pyromania; or (3) psychoactive substance use disorders resulting from current illegal use of drugs.* SEC. 512. AMENDMENTS TO THE REHABILI- TATION ACT. (a) DEFINITION OF HANDICAPPED IN- DIVIDUAL.—Section 7(8) of the Rehabilitation Act of 1973 (29 U.S.C. 706(8)) is amended by redesignating subparagraph (C) as subparagraph (D), and by inserting after subparagraph (B) the following subparagraph: "(CXi) For purposes of title V, the term "individual with handicaps' does not include an individual who is currently engaging in the illegal use of drugs, when a covered entity acts on the --basis of such -use — - "(6) Nothing in clause (i) shall be con- strued to exclude as an individual with handicaps an individual who - "(t) has successfully completed a super- vised drug rehabilitation program and is no longer engaging in the illegal use of drugs, or has other- wise been rehabilitated successfully and is no longer engaging in such use; "(ll) is participating in a supervised rehabilitation program and is no longer engag- ing in such use; or "(Ill) is erroneously regarded as engaging in such use, but is not engaging in such use; except that it shall not be a violation of this Act for a covered entity to adopt or administer reasonable policies or procedures, including but not limited to drug testing, designed to ensure that an individual described in subclause (1) or (11) is no longer engaging in the illegal use of drugs. '"(iii) Notwithstanding clause (i), for pur- poses of programs and activities providing health services and services provided under titles 1, If and Ill, an individual shall not be excluded from the benefits of such programs or activities on the basis of his or her current illegal use of drugs if he or she is otherwise entitled to such services. "(iv) For purposes of programs and ac- tivities providing educational services, local educational agencies may take disciplinary action VvORKLIFE 48 pertaining to the use or possession of illegal drugs or alcohol against any handicapped student who currently is engaging in the illegal use of drugs or in the use of alcohol to the same extent that such disciplinary action is taken against nonhan- dicapped students. Furthermore, the due process procedures at 34 CFR 104.36 shall not apply to such disciplinary actions. (v) For purposes of sections 503 and 504 as such sections relate to employment, the tern 'individual with handicaps' does not include any individual who is an alcoholic whose current use of alcohol prevents such individual from perfor- ming the duties of the job in question or whose employment, by reason of such current alcohol abuse, would constitute a direct threat to property or the safety of others.'. (b) DEFINITION OF ILLEGAL DRUGS.— Section 7 of the Rehabilitation Act of 1073 (20 U.S.C. 706) is amended by adding at the end the following new paragraph: "(22XA) The term 'drug' means a controlled substance, as defined in schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812). (B) The term 'illegal use of drugs' means the use of drugs, the possession or distribution of which is unlawful under the Controlled Substances Act. Such terns does not include the use of a drug taken under supervision by a licens- ed health care professional, or other uses authoriz- ed by the Controlled Substances Act or other pro- visions of Federal law.". (c) CONFORMING A1\,It=NDMENTS.--- Section 7(8XB) of the Rehabilitation Act of 147; (29 U.S.C. 706(8XB)) is amended. (1) in the first sentence, by striking "Subject to the second sentence of this subparagraph," and inserting "Subject to subparagraphs (C) and (D),"; and (2) by striking the second sentence. SEC. 513. ALTERNATIVE MEANS OF DISPUTE RESOLUTION. Where appropriate and to the extent authoriz- ed by law, the use of alternative means of dispute resolution, including settlement negotiations, con- ciliation, facilitation, mediation, factfinding, minitrials, and arbitration, is encouraged to revolve disputes arising under this Act. SEC. 514. SEVERABILITY. Should any provision in this Act be found to be unconstitutional by a court of law, such pro- vision shall be severed from the remainder of the Act, and such action shall not affect the en- forceability of the remaining provisions of the Act. Congressional Votes on the Final Passage of The Americans With Disabilities Act In the House of Representatives July 12, 1')t)0 the douse agreed to the confer- ence report on S. 933, to establish a clear and comprehensive prohibition of discrimination on the basis of disability. This cleared the measure for Senate action. In the Senate luly 13, 100o the U.S. Senate agreed to the con- ference report on S. ��±3, to establish a clear and comprehensive prohibition of discrimination on the basis of disability. o-37 AganoNo-7 fur -91 Against -6 Not Voting -3 The Americans with Disabilities Act became law when it was signed by President George Bush at 10:26 AM on July 26, 1990. People Who Have A Hearing Impairment -- Hearing impairment is the most common disability among Americans, but it is also a disability which should have little, if any, effect on recreation participation. As is the case with all disabilities, there are different degrees of hearing impairment. These degrees are covered in more detail in the section of the manual entitled "Guide to Disabilities." The two categories of hearing impairment you're most likely to encounter are based on the ability to understand speech. People who are "hard of hearing" have difficulty hearing other people's speech but can understand it with some sort of amplification technique or device. People who are "deaf" can not hear speech well enough to understand it, even with amplification. A person who is deaf may also have impaired speech to a degree, since he may not be able to hear well enough to correct phonetic errors in his own speech. Most people with severe hearing impairments have a voice; they just choose not to use it if other communication techniques will be clearer. People who have hearing impairments usually communicate with others in some combination of the following methods: Speech Depending on the degree of hearing loss, the hearing impaired person actually may hear speech if it is clear, and may themselves speak clearly. People with more severe hearing impairment may be able to hear amplified speech with the assistance of a hearing aid. The speech of these persons may be somewhat unclear. Lip reading is a technique learned by some people with hearing loss which assists them in understanding others' speech when they can't hear it well or at all. Lip readers watch a speaker's mouth and identify words by the shape and position of the lips and tongue. This is a difficult skill to master since less than 35% of English words are recognizable solely by mouth positions and movements. Context and non- verbal communications are essential adjuncts to this skill. Signing Signing is often used as a communication technique by people with speech as well as hearing impairments. Signing involves using the position and movement of the hands, as well as other body language, to create pre -defined symbols for words. AMESLAN (American Sign Language) is one sign language which has its own syntax. Spoken English signing follows the syntax of standard speech. Finger spelling, a more specific kind of signing, involves using the position and movement of the hands to create a pre -defined symbol for each letter in a word. It is usually used in conjunction with word signing to cover words or names for which there is no pre -defined sign. /0*,N, /'1 Writing Writing is the only means of communication for some hearing and speech impaired people. Some people have keyboard devices called TTYs or TDDs, which enable them to communicate over the telephone. There are not many activities which preclude the participation of people with hearing impairments, no matter how severe. About the only activity component to be addressed is communication. Carefully analyze the communication requirements of a particular activity in which the hearing impaired consumer wants to participate. Most often, the only adaption necessary is to be sure there are visual cues incorporated into the activity to compensate for the participant's level of ability in responding to strictly verbal cues. Some Things You Might Want To Do -If a person who has a hearing impairment seems to need assistance, offer your help but don't give it unless the offer is accepted. -Speak clearly and distinctly, at a normal rate and volume. Don't exaggerate the volume or speed of your own speech unless you're asked to. Be expressive! Use facial expressions, hand gestures, body movements to accentuate your speech. Subtle changes in tone or volume to indicate feeling or meaning may be missed by someone with a hearing impairment. The more visual cues you use, the easier it will be for the hearing impaired person to understand you. -When giving instructions or explanations, keep background noise to a minimum to prevent distractions and confusion concerning the activity in which the person is involved. If it's very loud, go some place where it's quitter or give instructions before entering a noisy area. -Face people with hearing impairments while you're speaking. They won't be able to "hear" the back of your head. Be sure that your face and upper body are clearly visible. Get close enough to be seen plainly, face the light, be sure there is enough of it to illuminate your face, and avoid shadows on your face (like those cast by broad - rimmed hats and sunglasses). -Try to avoid eating, smoking, or chewing while you talk. It makes your speech harder to understand. -Make sure you have the attention of people with hearing impairments before you begin communicating with them, perhaps by touching their arm or gesturing. -Be sure you have been understood before going on to something else. Repeat yourself as often as necessary, perhaps rephrasing since you may have been using some words that are difficult to understand. -Be sure to talk directly to a person with a hearing impairment, not an interpreter if one is present. Address yourself to the people (person) to whom you are sending your message. -If you're having trouble understanding someone's speech, or they're having trouble understanding yours, try repeating what's been said. If that fails, try using a pencil and paper. Clear communication is what's important, not how it's accomplished. -Visual aids such as diagrams, written instructions, pictures, or media in addition to verbal instructions assist hearing impaired individuals in comprehending directions and instructions. -There may be a need for some adaptation and modification to make and activity accessible to hearing impaired people if communication is an essential component. Incorporating visual cues into directions or instructions, using flags or lights to start or stop play, and using hand signals are some possibilities. COMMUNICATING WITH PEOPLE WHO HAVE HEARING IMPAIRMENTS More than merely a barrier to sound perception, hearing loss is a barrier to communication and understanding. It is a major, chronic disability that affects one out of every sixteen Americans. One in every 100 Americans is profoundly deaf - unable to hear speech well enough to understand it. The wide range of impairment, the variety of methods of communication and differences in the age of onset of disability make it difficult to generalize about hearing impaired people. But certain facts are apparent. People who are hearing impaired rely on information they can see. Some means of making communication visible is necessary to ensure that people who are hearing impaired are able to explain their needs effec- tively and understand what is expected of them. With some auxiliary aid or accommodation and some sensitivity to their condition by those around, people who are hearing impaired can communicate and participate fully and easily in most settings. People who are hearing impaired have not received fair treatment from professional, social and government service providers or from the courts and police. Some accommodation to the condition of hearing loss can make a critical difference in whether people who are hearing impaired receive services they need and to which they are entitled and whether they can participate satisfactorily in society. The material cost of such accommodation is modest in comparison with the gain realized. As we review the various methods that people who are hearing impaired use to communicate, one general rule to bear in mind is that the person who is hearing impaired knows what method is best, because he or she has spent a lifetime negotiating the problems that hearing loss imposes. Whatever method is natural for that person is the method that should always be used, preferably from the first moment of contact. Sign Language and Interpreters American Sign Language (ASL) is a visible language that is linguisti- cally independent of English. Its signals are handshapes and movements that represent words, concepts or letters of the English alphabet. Many people who are deaf use sign language rather than English as their primary mode of communication. For many people who are deaf it is a native language with rich cultural associations. An interpreter is a skilled professional who can translate the meaning of spoken words into sign language as the words are spoken and trans- late sign language messages into correct English as they are signed. Interpretation of written or spoken English into ASL requires a high degree of skill. It takes as much time and effort to learn sign language as any other language. Page 1 At times a specialized interpreter must be used. For example, a person who is both deaf and visually impaired may need a specially trained deaf -blind interpreter. Some people who are deaf do not use sign language but require an "oral" interpreter who silently mouths the speaker's words to them. The oral interpreter is usually a person whom the person who is deaf finds easy to lipread and who knows how to substitute synonyms for words that are difficult to lipread. Another unusual situation occurs when the person who is deaf has rudimentary language skills or does not use conventional sign language. In this situation, another person who is deaf may have to provide interpreta- tion into conventional sign language, which can then be interpreted into English by the regular interpreter. Qualified interpreters can be found through local and state chapters of the Registry of Interpreters for the Deaf (RID), a national profession- al organization that certifies interpreters in various skill specialties, including legal interpreting. Interpreters can also be located through local organizations of people who are deaf, the state association of the deaf, a state commission or agency for hearing impaired people or schools for children who are deaf. In addition, people who are deaf may themselves suggest local interpreters. Professional offices and service agencies should develop their own lists of interpreters whom they know to be reliable and competent. Using the same interpreter regularly can enhance the quality of communication, since an interpreter who is familiar with a speaker's vocal style and customary phrases will be able to interpret more effectively. The interpreter also can provide valuable assistance to service providers by advising them about effective use of an interpre- ter and about other means of communicating with people who are deaf. While professional certification may be useful in evaluating the skills of an interpreter, the ultimate authority on an interpreter's qualifi- cations should be the person who is deaf. An interpreter who cannot provide effective communication to a person who is deaf in a particular situation cannot be considered qualified despite professional certification. Relying on amateurs who may know some sign language is a frequent error. The ability to make or read a few signs or to fingerspell is no substitute for proficiency. A well meaning, beginning signer will usually not know sign language well enough to interpret or to communicate effectively with most people who are deaf. Many inexperienced interpreters do not sign in ASL but use signs borrowed from ASL in an English word order. They may frequently impose a completely incorrect English meaning on the sign, such as using the sign for the adjective "fine," meaning "good," to connote the noun "fine," meaning "penalty." An unqualified interpreter might finger - spell words when he or she does not know a sign; but directly translated English idioms are rendered meaningless in ASL. For example, a direct translation of the English idiom "have to,, would mean Page 2 /"', "possess" in ASL. Problems of NotewritinMc Many people who are deaf rely on written notes to communicate with people who hear or to supplement other modes of communication. However, writing is not always effective or appropriate. A written conversation is tedious, cumbersome and time consuming. Written messages are frequently condensed. The writer omits much of the information that would otherwise be exchanged, so the person who is deaf does not get the same amount of detail that a hearing person would. Some deaf people are highly educated. Others are not. A common misconception is that deaf people compensate for their inability to hear by reading and writing. Many deaf people, especially those who lost their hearing before they learned to talk, have difficulty with written as well as spoken English. Data from a 1971 national survey of hearing impaired students showed that reading comprehension is the hearing impaired person's most difficult academic area. It is the area most severely affected by deafness. Most people learn their native language by hearing it spoken around them from infancy. But a person who is born deaf or who loses the ability to hear when very young cannot .learn English in this way. Therefore, despite normal intelligence, a person who is deaf may have limited competence in English. For such people, English is virtually a second language. They may have a limited English vocabulary and grammar, a condition that can lead to numerous misunderstandings. The extensive use of idioms in English also poses significant reading problems for deaf people. For example, the expression "under arrest" in the Miranda warnings (discussed in Chapter Nine) would be puzzling to many deaf people because "under" to them means only "beneath." For these reasons, written notes or materials will often be inadequate to achieve effective communication with a person who is deaf. The effectiveness of notewriting as a method should be observed carefully to avoid miscommunication. Lipreading Comprehension A common misconception about deaf people is that they all read lips. Very few people can read lips well enough to understand speech, even under optimum conditions. Information collected during the 1972 National Census of the Deaf Population indicated that 21.4 percent of deaf adults who completed one or more years of senior high school considered their lipreading ability to be poor to nonexistent. "In fact, even the best speechreaders in a one-to-one situation were found to understand only 26 percent of what was said [and m]any bright deaf individuals grasp less than 5 percent." This low level of comprehension occurs because many English speech Page 3 sounds are not visible on the mouth or lips. Certain spoken words or sounds create similar lip movements. The ambiguity of lipreading is demonstrated by the fact that the sounds of T, D, Z, S and N all look identical on the lips. The words "right," "ride" and "rise" would be indistinguishable to a person who is deaf, as would the sentences, "Do you have the time?" and "Do you have the dime?" The meaning of entire sentences can be lost because a key word is missed or misunderstood. When a person who is deaf does not understand a sentence, the speaker should repeat the thought using different words. The speaker should use gestures freely, for example, pointing to a wristwatch to indicate time. Many factors hinder one's ability to lipread. Lipreading is difficult when: -the speaker is in motion or not directly facing the lipreader; -the lips are obscured by hands, beards or mustaches; -the speaker does not articulate carefully or has distorted speech; -the speaker has a regional or foreign accent; -the speaker is using technical or unfamiliar words; -the lipreader is not familiar with the language structures and vocabulary of spoken English; -the speaker is not well lighted; -the lipreader must look into a glare or light; -the lipreader has poor vision. Lipreading often supplements other modes of communication, but it is seldom sufficient in itself to ensure effective communication. Unless the person who is deaf indicates a preference for using only lip- reading, it should not be relied upon extensively. Environmental Interferences Environmental factors often interfere with communication with a person who is deaf. The room should be adequately lighted, without glare. While people who are profoundly deaf will not be affected by background noises, they will be distracted by a great deal of background movement or changes in lighting. A person who uses a hearing aid or who has residual hearing may be seriously distracted by background noises. One should try to talk in a quiet place, away from the noises of machinery and other conversations. When talking to a hearing impaired person, one should speak directly to the person without moving around, turning away or looking down at papers or books. Speak naturally, without shouting or distorting normal mouth movements. Some people who are deaf have normal and intelligible speech. Others do not speak at all. Early deafness interferes with language and speech acquisition. Many people who are deaf who can speak exhibit unusual tones, inflections or modulations. Whether or not a person who is deaf uses speech is a matter of individual preference. Difficulty Page 4 r n in understanding a person who is deaf's voice can be relieved by listening without interruption for a while until the person's particular voice patterns become familiar. The phrases "deaf mute" and "deaf and dumb" are considered by most people who are deaf to be insults and should not be used. Communication Devices One -frustration of deafness is the inability to use a conventional telephone. People who hear rely heavily on the telephone and take it for granted in communicating with businesses, friends, government agencies and emergency services. With new devices for people who are deaf coming into more frequent use, the telephone has become a means rather than a barrier to communication. A TDD (Telecommunication Device for the Deaf), commonly referred to as a TTY (teletypewriter), is a machine with a typewriter keyboard connected by an acoustic coupler to a regular telephone.* Two people with compatible equipment can have a typed conversation over the telephone, enabling people who are hearing and speech impaired to have the same functional telephone service as other people. The devices are relatively inexpensive and easy to use. If a professional, agency or business office does not have a TDD, people who are deaf will not be able to get information, make appoint- ments or transact business by telephone. The office will be unable to contact clients who are deaf except by mail, resulting in frustrating delays, inefficient service and lost business. The office should publicize the fact that its telephone is TDD equipped and should indicate this fact in all telephone directory listings and on all announcements, brochures and letterheads. The TDD capability is indicated by placing the letters "TDD" after the phone number of by "voice or TDD" if both options are available. Other devices are available which adapt telephones to the individual needs of people who are hearing impaired. Amplifier switches can be added to telephone receivers. Telephones and other auditory systems - alarms, doorbells or inhome buzzers - can be connected to a blinking light which alerts a person who is hearing impaired. Many hearing aids are equipped with inductive coil "telephone switches." These hearing aids use electromagnetic leakage from compatible telephone receivers to transmit the message. If, in a job situation, a person using this kind of hearing aid is assigned to an incompatible telephone, a compatible *Although most people who are deaf use the term TTY generically to refer to any of several telecommunication devices, technically TTY refers only to converted teletypewriter machines. The broader term TDD includes not only the TTY, but also new video and electronic machines such as the C -Phone, Manual Communications Module (MCM) and Portatel. Hereafter we will regularly use the inclusive term TDD; in certain contexts, however, the come common, everyday term TTY will be used. Page 5 ,-"% /'*41 model can be acquired at reasonable cost. The methods described above are those most commonly used by people who are hearing impaired. They are the means of crossing and thus elimina- ting the communications barriers that separate people who are deaf and people who hear from one another. Page 6 /%k NOTES 1. J. Schein and M. Delk, The Deaf Population of the United States (Silver Spring, MD.: National Association of the Deaf. 1974), p. 15. 2. The national office of the Registry of Interpreters for the Deaf is located at 814 Thayer Avenue, Silver Spring, MD 20910. Telephone (301) 588-2406. 3. Gallaudet College, Academic Achievement Test Results of a National Testing Program for Hearing Impaired Students in the United States Spring 1971 monograph. 4. Mary Furey, personal communication, June 1976. 5. Schein and Delk, Deaf Population P. 63. 6. M. Vernon and E. Mindel, They Grow in Silence: The Deaf Child and His Family (Silver Spring, MD.: National Association of the Deaf, 1971), p. 96. Page 7 W People Who Have A Visual Impairment Some Things You Mi ht Want To Know The quality of vision and therefore visual impairment, is most often referred to in terms of acuity (clearness) and field (the angle of vision). It is important to remember, however, that there are visual impairments which affect vision in ways that are not indicated by measurements of these two characteristics, such as difficulty in the perception of colors and extreme sensitivity or insensitivity to light. The most common way of referring to the quality of vision is in terms of the 20/20 method, used to measure the visual acuity to see at 20 feet what someone with perfect vision can see at 20 feet. 20/200 means the ability to see at 20 feet what a person with perfect vision can see at 200 feet. Another level of visual capability is the field of vision. This is the diameter, in degrees, of the arc within which a person has perceptive ability when looking straight ahead. A person with perfect vision can perceive things about 90 degrees in all directions while looking straight ahead, making a visual field about 180 degrees in diameter. People with tunnel vision, the result of several visual impairments, can see only straight ahead and not to the sides. They have no peripheral vision, only central vision. Some people are just the Opposite. They can see to the sides but not straight ahead. They have no central vision, only peripheral vision. For further information, see the Blindness and Other Visual Impairments section of the manual entitled "Guide to Disabilities." A legally blind person is one whose vision in the better eye, even with glasses or contact lenses, is no better than 20/200 or whose visual field has a maximum diameter of 20 degrees. A totally blind person has complete loss of vision and light perception. People with this level of blindness are actually a small minority of people with visual impairments, and even of people classified as legally blind. Most such people retain some measure of shape and/or light perception capability. People with visual impairments will be able to obtain varying amounts of visual information about their environment. However, it's important to realize that while vision does provide people with a great deal of information about their environment, it is not the only source of information. People with visual impairments have usually learned to rely on other senses to fill in the gap created by their restricted ability to obtain visual information. Smell, touch, hearing and the perception of movement all become more important sensory channels. They have adapted to the loss or unreliability of one information source by relying more heavily on others. This increased reliance often results, not in an actual physical change in the acuity of other senses, but in an enhancement of them. Such enhancement is likely the effect of the increased reliance often results, not in an actual physical change in the acuity of other senses, but in an enhancement of them. Such /"k /'N enhancement is likely the effect of the increased use of, and attendance to, senses that ordinarily occupy a secondary position in information gathering. This increased reliance on non -visual information gathering is a key element in making activities accessible to a person who has impaired vision. Adapting activities for people with visual impairments may mean taking advantage of the adaptation they have already made for their inability to see clearly. That can mean using other sensory channels instead of, or at the same time as, visual channels. The only way to know for sure the extent of a person's visual disabili- ty, the methods they use to adapt and their specific needs in a recreational environment, is to ask them. Don't make assumptions. One common one is that most people who are legally blind can read braille. This is simply not the case. Less than 10% of people who have severe visual impairments can read braille. Many people prefer to use audio cassette. Above all, use your imagination. That's the sense, more than any other, that will help you provide accessible programs for recreation participants who are visually impaired. Some Things You Might Want To Do -If someone with a visual impairment seems to need assistance, offer your help but don't give it unless your offer is accepted. If it is accepted, ask for an exact explanation of how you can help. -Loss of sight does not affect a person's hearing. Don't shout at a person with a visual impairment. Similarly, it does not affect a person's mental ability. Talk directly to him, not to others in his behalf. -Don't be afraid to use words like "see" or "look" or "blind". Such words are a part of our everyday vocabulary and people who are blind use them too. -When you meet a person who is blind, be sure to identify yourself. Remember to let her know when you leave too. -Don't pet a guide dog, unless you have the owner's permission. When the dog is in harness, he is on duty. If he's distracted, the owner may be placed in jeopardy. -Use specific, descriptive language when giving directions, explaining things or describing a place, an event or an activity to a person who is blind. colors, textures, movements and directional indicators in a description can make it more vivid for someone with a visual impair- ment. -During activities, orient the person with a visual impairment to the placement of objects around him that he will be using. The military analogy of a clock face to explain position is often used by people with severe visual impairment. For example: the lanyard strips are at 3 o'clock, the hooks are at 9. 11' -When guiding a person who is blind to a seat, simply place her hand on the back of the chair and let her seat herself. Explain what you are doing as you do it. -Orient the person with a visual impairment to new environments. Describe the size, shape, distances, boundaries, and any obstacles or potential hazards. -Minimize background noises when instructing individuals with visual impairments. Extraneous noise can be very distracting and create confusion for people who rely on auditory information in their environment. -When you are demonstrating a skill, the person with a visual impair- ment may want to hold your hands as you work. Explain graphically in concrete terms what you are doing as you do it. Sometimes it's best to stand behind the participant, reaching through his arms, with his hands on yours, so he can follow your exact movements. Some Things You Might Need To Know Assistance: If a blind person accepts your offer of assistance, you should ask, "Would you like to take my arm?" Brush your forearm against theirs so the blind person can grip your arm above the elbow. The grip should be firm enough to maintain while walking, and not be uncomfortable. Children will grip the same as adults except at the wrist. Some aged or disabled people may want to walk arm in arm. This offers more support than the grip. They may also wish to travel at a slower pace. IMPORTANT: Don't attempt to lead the individual by taking his or her arm! Your arm should be relaxed along your side and the blind person's arm will be bent at the elbow. With his right hand, he will grip your left elbow. Be sure you keep your arm close to your body. While using the sighted guide method, the blind person should travel a half step behind you. Pick a comfortable walking pace for both of you. If the blind person pulls your arm back, or tightens his grip, you are probably traveling too fast. Never try to push or steer a blind person ahead of you. You should also try to keep the person aware as conditions or surroundings change. Remember to mention curbs, steps, doorways, narrow passage, ramps, etc. Let them know if the stairs go up or down and when they reach the last step. opening Doors When you are approaching a door, say so. Have the blind person's free hand side of their body on the hinged side of the door. You should stop and change arms if not positioned correctly. Place you hand on the knob and let the blind person follow your arm to the door knob. Tell him or her whether the door opens toward or away form you. Allow the blind person to hold the door open for both of you. DEAF -BLINDNESS WHAT IS DEAF -BLINDNESS? There are many variations of combined hearing and vision impairment, creating subgroups of clients with specific needs and counseling issues. The following overview provides some indication of these variations and their implications. The first consideration is age of onset: -Congenitally deaf -blind: The individual was born both aurally and visually impaired. -Adventitiously deaf -blind: The person lost both sight and hearing in childhood or adult life. -Hearing impaired, adventitiously vision impaired: The individual has grown up with a hearing impairment, but acquired vision impairment later in life. The most common example of this is people with Usher's syndrome. -vision impaired, adventitiously hearing impaired: The person has grown up with a visual impairment and acquired a hearing impairment later in life. One important issue related to age of onset of hearing impairment is language development. Rehabilitation counselors may notice great variation in deaf or deaf -blind clients' abilities to communicate in English. Such wide variations in English language ability help create .` subgroups of clients, as well: -Prelingually hearing impaired: The individual's hearing loss happened before the establishment of childhood language skills. -Postlingually hearing impaired: The client's hearing loss took place after the establishment of language ability. An individual whose hearing impairment occurred after language was well established may have a stronger chance of understanding and communica- ting in English than a person whose hearing impairment occurred prior to the establishment of language. Severity of impairment affects a client's needs. The vast majority of deaf -blind individuals retain some usable residual capacity in at least one of the senses. Each client presents a unique combination of nature and severity of each disability. For example, one person may have tunnel vision, usable sight only in a small middle range of vision, while another may have macular degeneration, fairly clear sight at long distances but an inability to see small things in the central vision area. One client may have almost no response to sound, while another may hear sounds but be unable to discriminate speech. it is erroneous to assume that all deaf -blind people show 100 percent absence of sight or hearing. Additional disabilities are somewhat common among the deaf -blind Population. Sometimes the combination of hearing impairment and vision impairment is part of a syndrome that includes other disabling Page 1 /0 0*1 /'1 `.eatures. For example, infants born with vision and hearing impair - .cents as a result of maternal rubella often have other physical disabilities, such as heart or liver dysfunctions. While it is false that deaf -blind people have inferior intelligence, mental retardation does sometimes accompany congenital deaf -blindness. Autism is also not uncommon. Finally, a high percentage of deaf -blind individuals are mentally ill. This may be the result of congenital predisposition to mental illness or it may result from the extreme isolation and frustra- tion that they experience. CAUSES OF DEAF -BLINDNESS A leading cause is maternal rubella, commonly known as German measles. A severe congenital hearing impairment may result from a condition known as Usher's syndrome, which carries with it a progressive eye condition called retinitis pigmentosa; the visual impairment usually is not manifested until young adulthood. Congenital blindness can be associated with a progressive hearing loss such as Meniere's disease. Other causes are traumatic; for example, a severe blow to the head or a high fever can result in deaf -blindness. For a person who is deaf or blind, any deterioration in the other sense, for whatever reason, can result in deaf -blindness. THE POPULATION Rehabilitation and Education Experts, Inc. (REDEX) estimates that there ire about 735,000 people'in this country who have both vision and nearing impairments. However, only about 4,000 children are in programs supported through the U.S. Department of Education, while the Helen Keller National Center for Deaf -Blind Youth and Adults has been able to identify only about 12,000 deaf -blind individuals being served. Outreach and identification are the first steps toward establishing appropriate service delivery. COMMUNICATION The combined loss o: hearing and vision results in unique receptive and expressive communication barriers, not only for deaf -blind people, but also for those communicating with them. The list is long and may be incomplete, because there are idiosyncratic methods people devise to communicate. Rehabilitation professionals can expect great diversity among deaf -blind clients. Many deaf -blind people can use more than one method, but usually have one they prefer because it best fits their residual abilities and sensory preferences. According to Yarnell, the most preferred modes are the American One Hand Manual Alphabet (fingerspelling), American Sigh Language (ASL) and printing in the palm of the hand. What is important to remember is that, according to the law, clients have a right to require communica- tion in the mode they prefer. Whatever form of communication is used, because of the communication )arriers that can exist, it takes more time to work with deaf -blind clients. Page 2 People Who Have A Physical Impairment '- Some Things You Might Want To Know Because there is such a wide range of causes, definitions, and ranges of severity in considering physical disabilities, there is no recognized categorical system which exists. Terms referring to physical conditions such as paraplegia, cerebral palsy, and muscular dystrophy are often used in an attempt to categorize physical disability. However, such terms have little functional meaning since individuals with the same condition differ greatly in level of ability. Many recreation leaders are uncomfortable with all of the technical information and medical jargon related to the specific impairments included within this disability class. For further information on a specific kind of physical condition, see the information on that specific disability in the section of the manual entitled "Guide to Disabilities." It's more important to be aware of the abilities of the person and the level at which she is capable of functioning. Keep in mind that individuals with the same physical condition will differ in choice of activities and in the degree to which they can accomplish the skills associated with that activity. Thousands of people in the United States have some degree of physical disability. Physical disabilities may effect a person's coordination, mobility, balance, agility, strength, endurance, or a combination of these capabilities. It is important to remember that a physical disability to participate in a specific recreation program. For example, using a cane for assistance in walking will have little or no impact on taking part in a photography class. In considering how a potential participant can take part in a particu- lar activity, it is necessary to look at the physical requirements of the activity and the abilities of the person. It is often possible for the person to take part without adaptation, but some adaptation may be necessary. There is one primary authoritative source for information on the recreation implications of a particular person's particular, disability: the particular person himself. Mobility is the major limitation for many persons with a physical disability. Increasing the number of persons on a team or shortening boundaries in a game can result in successful participation by such individuals. For example, in volleyball, nine person teams, rather than six, could be used to reduce the amount of court space which each player must cover. Low strength level is another limitation for some persons with physical disabilities. Adaptive equipment can allow the individual to take part in many sports and games. For example, bowling ramps and handle grip bowling balls can allow a person to participate in a bowling league or to bowl recreationally. Another example is a spring-loaded billiard cue which can be used by a person with limited upper arm strength. /-'N A*"*N Some Things You Might Want To Do -If you think a person may need help, offer assistance and then wait for a reply. If a person with a physical disability falls, wait for the person to indicate whether or not help is required. If assistance is required, the person can tell you what method of help is needed. Do not automatically assume that a person in a wheelchair needs you to drive it. If the person wants assistance, provide it. -Consult with the experts - the persons with disabilities and professionals working with and providing services to persons with disabilities - to determine potential programs, activities, and ideas for adaptation. -Be patient without being over protective or overindulgent. A person may not move quickly but may want to complete a project or activity independently. -Some persons with physical disabilities may have problems with speech. It may be necessary to ask them to repeat a word or phrase until you become familiar with their speaking style. -Crutches, walkers, prosthetic devices (artificial limbs) and wheel- chairs, are some necessary accessories. Do not take them away from participants unless they ask you to. Taking away such assistive devices can leave a person stranded. -Allow participants to take part in all activities that you offer to the group. Let these individuals make their own decisions regarding what they can and cannot do. Do not inflict your assumptions or anticipated limitations on the capabilities or interests of someone else. -Make sure that programs offer opportunity for success, new experi- ences, and challenge to all participants. Be creative and ready to try new games or old games with a different twist. -Ask persons with physical disabilities about special equipment, aids, or techniques they may use to assist them in daily living that may be useful in the recreation environment. -Provide adaptive equipment when necessary to include an individual with a physical disability in an activity. Recreators or persons with disabilities can modify existing equipment or can obtain commercially available adaptive equipment. -Minimize environmental barriers that limit functioning. A hard, firm surface will probably be easier than grass or soft dirt for maneuver- ing a wheelchair. Plan ahead for field trips in order to assess a facility for potential barriers, using a physically disabled person or a professional who is knowledgeable as the evaluator. -Design experiences occasionally that require all participants to assume a limitation. For example, try a nonverbal time in which participants can communicate only through gestures or facial expressions or play games in the dark or blindfolded. Some Things You Miqht Need _ToKnow _ Personal Aids And Devices: Individuals with physical disabilities usually depend on personal aids and devices to increase their functional abilities. These aids and devices can range from easily available devices, such as a standard wheelchair, to very personalized, one -of -a -kind types of aid, like a form -fitted hand strap to assist in holding a pen. Typically, aids and devices become as personal to the individual as clothes do to some other people. Consequently, any handling or assistance concerning aids should be done carefully and considerately. Mobility aids (wheelchairs, crutches, walkers, braces) are the most visible and easily recognized devices. Aids to body function include prostheses (artificial limbs), ileostomy or colostomy bags (body waste collection devices) and breathing assistance devices. In most situations, the individual has mastered the use and care of the aid or device and will not need assistance. If assistance is required, the individual can usually direct the correct kind and level of help needed. It is not only entirely proper, but usually essential to ask for guidance when assisting an individual with their aid or device. For children, be sure to ask a parent or guardian about correct assistance with the device. It is also important to ask if there are any implications for recreation activity associated with the device, like where and when the device can't be used, under what conditions the device might be problematic to the owner or others, special storage considerations, etc. Wheelchairs• There are right and wrong ways to handle a wheelchair. This checklist of do's and don't's may be helpful to someone who is asked for assist- ance by a person who uses a wheelchair. Folding a Wheelchair -To fold most wheelchairs, remove the cushions first and pull upward in the seat fabric at the center front and back. -Don't lift the chair by the armrests - they'll probably come right out in your hands. Opening a Wheelchair. -Keep fingers turned toward the middle of the seat and press with the heels of the hand on the two sides of the seat. -Don't put fingers between the chair frame and the seat - they'll be crushed. Putting a Wheelchair Into a Car Trunk -Position the folded wheelchair close to and parallel with the trunk. -Don't bend your back - keep it straight and bend knees and hips. -Grasp struts of chair, not the wheels, armrests or movable parts. Keep one hand well forward, the other well back. -Lift the chair vertically by straightening your legs. Balance the chair on the edge of a trunk. -With the full weight being taken by the wheels resting on the trunk edge, tip the chair up. When it is almost horizontal, slide it into the trunk. Pushing a Wheelchair Down a Curb -Place your foot on the tipping lever. Take firm hold of the handgrips, then tip the chair backwards. -Gently lower the chair down the curb. You must now take some of the weight, so be such to arch your back and bend your knees. -It is very important that both rear wheels hit the ground at the same time. -Another method is to turn the back of wheels to ground level, then lower the front wheels. Pushing a Wheelchair Up a Curb -Place foot on tipping lever and lift the chair off its front wheels, moving them forward onto the curb. Gauge the distance to the curb carefully; avoid forcing the front wheels against any ridge or unevenness. -A second person can help to lift the chair by grasping one handle of the wheelchair and the bar below the armrest. Movements should be made together on an agreed signal. -Sometimes the wheelchair passenger can help to control the chair by steadying the rear wheels. Carrying a Wheelchair Up Stairs -Although a very light disabled person, or a child, can be lifted by one helper, two helpers are usually required. -Position the wheelchair squarely at the foot of the stairs with its back toward the steps. Tip the chair backward. -Take a firm grip, place one foot up on the first step, throw the one shoulder slightly backward and pull the chair up onto the first step. -A second helper stands in front to steady and lift the chair when it rises upward over the steps, holding the chair frame below the armrests. W -Repeat for the second step. Make sure you are solidly balanced, throw your weight back, pull up again. Carrying a Wheelchair Down Stairs -Don't try to take a wheelchair down a flight of stairs unless you are absolutely sure that you can hold the weight of the person in it and maintain full control. -Grasp handgrips, slowly move the chair forward, control the forward _and downward movement against the step's edge. Use your body as a brake at the top of the step. Don't wait until the chair drops to do so. -Stop for a rest between steps. -Use another assistant, perhaps a passerby, whenever available. The second assistant stands below in front, holds the chair frame under the armrests, slowing and steadying the descent. 100N, /011, Cerebral Palsy Description of Disabilitv Cerebral palsy is the commonly used term for a group of conditions characterized by loss of voluntary movement together with spasm of the affected muscles. The condition may involve one or more limbs. It is due to non-progressive brain damage at the pre -natal stage or shortly after birth. Other disabilities are often associated with the condition. Main Types of Cerebral Palsy Spastic. One or more parts of the body may be involved such as abnormal posture, lying, sitting, standing, walking. Poor hand function with sensory loss may also be involved in spastic cerebral palsy. Voluntary movement is present but rather labored, jerky or great rather than smoothly coordinated. Speech, chewing and swallowing may be difficult. There may also be retardation of growth in affected limbs. Athetoid. Irregular, uncontrollable, involuntary motions occur in any part of the body, including the face and tongue (excitement or nervousness tends to increase these movements). Coordination is difficult when voluntary movement is attempted. Poor fine hand movements are evident as well. Ataxic. A disturbance of balance and sense of direction is involved. Voluntary movements are present but may be clumsy or uncoordinated. Poor fine hand movements are evident. Nystagmus (eyejerking involuntar- ily) may occur. Nature and Extent of Handicap Cerebral palsy takes many forms and no two people with this condition are precisely alike. Some are so lightly handicapped that they have no obvious disability. Others who are more seriously affected may appear clumsy or have difficulty with walking and manual manipulation or with speech. Sometimes damage results in deafness and some people will experience perceptual difficulties. Many people with cerebral palsy have above intelligence although they may appear to be mentally retarded because of speech difficulties. As a result of their disability, often people with cerebral palsy are at a level of intelligence which is below average. Implications for Recreation Some people with cerebral palsy have speech defects which complicate communication. A little patience and understanding of the frustration of the speaker will often minimize the barriers which may otherwise be created. Equally, care should be taken concerning the slightly handicapped who have perceptual difficulties as this aspect of their disability may need to be understood by other participants. Recreation leaders should remember that special consideration may need to be given to those people with cerebral palsy that have shaky or jerky hands. This may create some difficulties but usually a little /1 r"\ ingenuity can overcome any problem which is created. Card holders, card shufflers, utensils and tools with built up handles are forms of useful adapted equipment. People with cerebral palsy are satisfactorily participating in activities ranging from swimming and canoeing to computer and video games. A heated pool is recommended to relax tense muscles. However, an individual should not be denied a chance to go swimming because of unheated water. no Parks, Recreation and Cultural smic" Hiiyard Community Center 2580 Hilyard Street, Eugene, OR 97405 • 687-5311 ACCESSIBILITY FEATURES The features listed below are those found in the room listed. PARKING LOT 1. No curbs 2. Warning strips in concrete 3. Marked parking spaces with 3 foot wide aisles FRONT ENTRANCE 1. Automatic doors 2. Large, easy-to-use door push buttons 3. Entry easy to identify by use of contrasting colors 4. Vestibule designed to prevent "trapping" individual using a wheelchair - extra door button provided. 5. Floor covering in vestibule is firm for wheel chair mobility. 6. Fre switches at reachable height from wheelchair 7. Thermostats at reachable height from wheelchair 8. Building security key pad at reachable height from wheelchair 9. Light switches are over -sized rockers with lights for people with low vision 10. Audio/visual fire, emergency strobe lights THROUGHOUT BUILDING 1. All doors are 36" wide for wheelchairs to fit 2. Room signs are routed for higher contrast, ease of reading by people with low vision RESTROOMS 1. Light weight doors with large pull handles 2. Roll -under sink counters 3. Two different stall configurations with grab bars for transfers 4. Toilet set at raised height and hung from wail for access 5. Full length mirrors 6. Faucet handles that adjust easily 7. Water temperature set lower to prevent burns and scalding 8. Benches for balance while people are dressing 9. Coat / towel hooks at reachable height 10. Wrapped under -sink pipes to prevent burns and scalds 11. All vending machines at reachable height 12. Audio / visual fire, emergency strobe lights SHOWER /TOILET ROOM 1. Light weight doors with large pull handles 2. Roll -under sink counters 3. Toilet set at raised height and hung from wall for access 4. Full length mirrors 5. Faucet handles that adjust easily 6. Water temperature set lower to prevent burns and scalding 7. Benches for balance while people are dressing 8. Coat / towel hooks at reachable height n 9. Wrapped under -sink pipes to prevent bums ._ and scalds 10. All vending machines at reachable height 11. Audio / visual fire, emergency strobe lights 12. Grab bars for transfers 13. Rollin shower 14. Adjustable height shower handle CLASSROOM 1. Light weight door, door handles over -sized and easy to grab 2. Roll -under sink counter 3. Faucet handles dont require grasp, adjust easily 4. Water temperature set lower to prevent - burns and scalding 5. Wrapped under -sink pipes to prevent bums and scalds 6. Closed-loop hearing system 7. Pull-out work stations at counters 8. Lower drawers with pullout shelving 9. Cabinet hardware over -sized for ease of use by people unable to use hands to grasp 10. Light switches are rocker switches with lights for people with low vision 11. Thermostat at wheelchair -accessible height 12. Carpet is low -nap for wheelchair manueverability 13. Sound -treated ceiling tie to aid people with hearing impairments 14. Tamper -proof electrical outlets to prevent injury 15. Audio / visual fire, emergency strobe lights 16. Wood trim provided as a ceiling reference for people with spatial orientation limitations RECEPTION AND LOUNGE 1. Fre switches at height reachable from wheelchair 2. Light switches are over -sized rockers, for limited finger function 3. Light switches iiluminate&5when off for . . people with low vision 4. Hall walls are straight for individuals with blindness that use canes 5. Counter is bowed into entrance to assist someone using a cane or with low vision 6. Audio and visual fire, emergency strobe lights 7. Sound treatment on wag to reduce echo and assist people with hearing impairment 8. Carpet molding continues straight wall line for people with blindness that use canes 9. Wood trim provided as a ceiling reference for people with spatial orientation limitations 10. Low nap carpet for wheelchair and walker maneuverability 11. Fireplace hearth is level with floor so person in wheelchair can load fireplace 12. Fire switch at reachable height from wheel- chair MULTI-PURPOSE ROOM 1. Light weight door, door handles over -sized and easy to grab 2. Roll -under sink counter 3. Faucet handles that adjust easily 4. Water temperature set lower to prevent bums and scalding 5. Wrapped under -sink pipes to prevent bums and scalds 6. Closed-loop hearing system 7. Pull-out work stations at counters 8. Lower drawers with pull-out shelving 9. Cabinet hardware over -sized for ease of use by people unable to use hands to grasp 10. Light switches are rocker switches with lights for people with low vision 11. Thermostat at wheelchair -accessible height 12. Carpet is low -nap for wheelchair manueverability 13. Sound -treated ceiling tile to aid people with hearing impairments 14. Tamper -proof electrical outlets to prevent injury 15. Audio / visual fire, emergency strobe lights 16. Lighting and electrical outlets at adjustable levels for low glare 17. Audio /visual fire, emergency strobe lights KITCHEN 1. Light weight door, door handles over -sized and easy to grab 2. Roll -under sink 3. Wrapped under -sink pipes to prevent bums and scalds 4. Faucet handles don't require grasp, are easy to adjust 5. Sink at two levels to accommodate standing or sitting 6. Water temperature is set lower to prevent bums or scalds 7. Roll -under cook top 8. Cook top controls at front of unit 9. Adjustable mirror to allow seated person to see back burners 10. Building security key pad at reachable height from wheelchair 11. Fire switches are reachable height in a wheelchair 12. Overhead lights are at two levels for people with low vision 13. Light switches are over -sized rockers, for limited finger function 14. Light switches are illuminated when off for people with low vision 15. Pull-out work station at counters 16. Lower drawers have pull-out shelving 17. Wall phone mounted at accessible height 18. All cabinet hardware is over -sized for easy use by people unable to grasp with hands 19. Sam door 10- Multi -Purpose room for easy entrance, exit from kitchen by wheelchairs 20. Refrigerator and freezer at bottom - reach- able by person in wheelchair 21. Curb cut on sidewalk at exterior door OFFICE! FRONT COUNTER AREA 1. Carpet is low -nap for wheelchair and walker maneuverability 2. Pocket door rollers are easy glide for limited arm strength 3. Pull-out work counters 4. Roil -under reception counter 5. Thermostat height can be reached from wheelchair 6. Lower drawers have pull-out shelving 7. All cabinet hardware is over -sized for people with limited arm or hand control 8. Light switches are rocker switches for people with limited hand functions 9. Light switches are illuminated when 'off' for people with low vision 10. Lighting can be adjusted to reduce glare 11. Copier/printer counter correct height for use by person in wheelchair 12. Coat rack at two heights for individuals standing or using a wheelchair 13. Safe is at correct height for wheelchair 14. Key closet is at height for wheelchair OFFICES Each office has -all these features: 1. Adjustable lighting 2. Light switches are rocker switches for people with limited hand functions 3. Carpet is low -nap for wheelchair and walker maneuverability 4. Sliding door glides are easy -glide for people with limited arm strength 5. Room enough for more than one person in a wheelchair to work in the office LEGISLATURE OF THE STATE OF IDAHO Fifty-first Legisiadue Second Regular Session — 1992 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 754 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE IDAHO BUILDING CODE ADVISORY ACT; AMENDING SECTION 39-4109, 3 IDAHO CODE, TO PROVIDE FOR ADOPTION OF THE AMERICANS WITH DISABILITIES 4 ACT, PARTS II AND III; AND AMENDING SECTION 39-4116, IDAHO CODE, TO PRO - 5 VIDE THAT LOCAL GOVERNMENTS SHALL ADOPT THE AMERICANS WITH DISABILITIES 6 ACT, PARTS II AND III. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 39-4109, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 39-4109. ADOPTION OF CODES. The following codes are hereby adopted for 11 the state of Idaho: 12 (1) Ea4-The-}982-Uniform-B>zi}ding-eode-9taadards;-pnb}isited-by-tlse-}nter- 13 national-eoaferenee-of-$aiidiesg-9ff=eiais: 14 Ebi The i98e latest edition of the Uniform Building Code, published by 15 the International Conference of Building Officials, as adopted by the Idaho 16 Building Code Advisory Board and appendices thereto, excepting appendices 17 chapter 1 as it relates to existing buildings, chapter 11 as it relates to 18 agricultural buildings and structures, chapter 12 as it relates to group R 19 division 3 occupancies, chapter 31, chapter 35 as it relates to sound trans - 20 mission control, and chapter 70 as it relates to excavation and grading; 21 (2) The Uniform Mechanical Code, 1973, published by the International 22 Conference of Building Officials and the International Association of Plumbing 23 and Mechanical Officials; 24 (3) American--Standard-gpeeificativns-fer-Making-$ai}dings and-raci}ities 25 Aeeessib}e-to;-and-Hsabit-by;-the--Pkysica}iy--Handicapped;--ANSf--A}}�-}-}96} 26 FEi-}9�}�;--pabiisked--by--the--�uaerican-Nationa}-Standards-fnstitate americans 27 with Disabilities Act (ADA) Part III, (Appendix A to Part 36 -Standards for 28 Accessible Design), Accessibility Guidelines for Buildings and _Facilities as 29 published in the Federal Register Volume 56 No. 144, Friday, July 26, 1991, 30 and subsequent editions and this shall also be known as UBC Standard 31-1; 31 (4) Elevators, Dumbwaiters, Escalators and Moving Walks, ANSI A17.1-1971, 32 and ANSI A17.lb-1973, published by the American National Standards Institute; 33 (5) The Life Safety Code, National Fire Protection Association Code num- 34 ber 101-1973, published by the National Fire Protection Association; 35 (6) National Fire Protection Association Code numbers 5018-1974 (ANSI 36 A119.1), and 501C-1974 (ANSI A119.2), and the accepted engineering practice 37 standards therein. for compliance by the manufactured home and recreational 38 vehicle i^.dustry, published by the National Fire Protection Association; and 39 (7) National Fire Protection Association Code numbers 501A-1974, and 40 501D-1974, published by the National Fire Protection Association; and 41 (8) Americans with Disabilities Act (ADA) Part II, Accessibility Guide - 42 lines for Buildings and Facilities, and Transportation Facilities as published 43 in the Federal Register Volume 56 No 173, Friday, September 6. 1991. .n 2 1 SECTION 2. That Section 39-4116, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 39-4116. LOCAL GOVERNMENT ENFORCEMENT -- ASSISTANCE. (1) Local govern - 4 ments may, effective July 1 of any year, by affirmative action by resolution 5 or ordinance taken by the governing board of a local government, prior to 6 December 31 of the previous year, comply with the codes enumerated in this 7 chapter, and codes, rules and regulations promulgated pursuant to this chap - 8 ter, and inspection and enforcement may be provided by the local government, 9 or may be provided by the department if such local government opts to comply 10 with the provisions of this chapter but not to provide inspection and enforce - 11 ment, except that the department shall retain jurisdiction of inspection and 12 enforcement of construction standards and set-up codes for manufactured homes 13 and construction standards for recreational vehicles, and for inspection and 14 enforcement of construction standards for modular buildings and commercial 15 coaches, and for review of public school construction plans, whether or not a 16 local government opts to comply with the other provisions of this chapter. Any 17 decision to comply with the provisions of this chapter must be communicated to 18 the director in writing, and compliance must be for an entire year commencing 19 July 1. The minimum codes a local government must adopt in order to opt into 20 this chapter are the latest editions of the Uniform Building Code and the Uni- 21 form Mechanical Code. Except as listed in subsection (2) of this section, tThe 22 remaining codes enumerated in the act are optional as to whether or not the 23 local government wishes to adopt them. 24 (2) Regardless of whether or not a local government opts to comply with 25 other sections of this act, they shall adopt the Americans With Disabilities 26 Act (ADA) Part III, (Appendix A to Part 36 -Standards for Accessible Design), 27 Accessibility Guidelines for Buildings and Facilities as published in the Fed - 28 eral Register Volume 56 No. 144 Friday, July 26, 1991 and subsequent editions 29 and this shall also be known as UBC Standard 31-1 and the Americans With Dis- 30 abilities Act (ADA) Part II, Accessibility Guidelines for Buildings and Facil- 31 ities. and Transportation Facilities as published in the Federal Register Vol - 32 ume 56 No. 173, Friday, September 6, 1991. 33 (3) A11 building code inspectors, including those of local governments 34 which have opted to comply with the provisions of this chapter, shall be cer- 35 tified as provided by section 39-4108, Idaho Code. 36 (34) The department may contract to assist a local government in such 37 matters as technical assistance, code interpretation, education, training, 38 personnel, and information and dissemination of information and statistics. 39 (45) The department may conduct or sponsor pre -entry and in-service edu- 40 cation and training programs on the technical, legal, and administrative 41 aspects of building code administration and enforcement. For this purpose, it 42 may Cooperate and contract with educational institutions, local, state, 43 regional or national building officials' organizations, and any other appro- 44 priate organization. 45 (56) Local governments who do not exercise their option may at any time 46 of the year contract with the department to administer the building code 47 enforcement program for them. Tl -12 terms of such a contract shall be negotiated 48 between the local unit of government and the director. d, 01-r .tit 5 i ATG - 3* t'4') amu' c.5,...,..a-•.w O,c.�,sk ca.VL�,,. Az, - - LEGISLATURE OF THE STATE OF IDAHO Fifty-first Legisianwe IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 754 BY STATE AFFAIRS COMMITTEE AN ACT Second Regular Session — 1992 RELATING TO THE IDAHO BUILDING CODE ADVISORY ACT; AMENDING SECTION 39-4109, IDAHO CODE, TO PROVIDE FOR ADOPTION OF THE AMERICANS WITH DISABILITIES ACT, PARTS II AND III; AND AMENDING SECTION 39-4116, IDAHO CODE, TO PRO- VIDE THAT LOCAL GOVERNMENTS SHALL ADOPT THE AMERICANS WITH DISABILITIES ACT, PARTS II AND III. Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 39-4109, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 39-4109. ADOPTION OF CODES. The following codes are hereby adopted for 11 the state of Idaho: 12 (1) Fad-eke-}98�-Hniform-6ai}ding-@ode-Standards;-pab}fished-by-the-inter- 13 nations}-Eonferenee-of-6ai}ding-9ffieiaiar 14 Fb4 The }98i latest edition of the Uniform Building Code, published by 15 the International Conference of Building Officials, as adopted by the Idaho 16 Building Code Advisory Board and appendices thereto, excepting appendices 17 chapter 1 as it relates to existing buildings, chapter 11 as it relates to 18 agricultural buildings and structures, chapter 12 as it relates to group R 19 division 3 occupancies, chapter 31, chapter 35 as it relates to sound trans - 20 mission control, and chapter 70 as it relates to excavation and grading; 21 (2) The Uniform Mechanical Code, 1973, published by the International 22 Conference of Building Officials and the International Association of Plumbing 23 and Mechanical Officials; 24 (3) American--Standard-Specifications-fer-Making-6ai}dings-and-Facii=ties 25 Aeeessibie-teT-and-Efsabie-byT-the--Physics}iy--Efandicapped;--AHS}--A}}�-}-}gb} 26 FR-}9�}4T--pabiished--by--the--American-Nationa}- Stand ards-ins tit ate Americans 27 with Disabilities Act (ADA) Part III, (Appendix A to Part 36 -Standards for 28 Accessible Design), Accessibility Guidelines for Buildings and Facilities as 29 published in the Federal Register Volume 56 No. 144, Friday, July 26, 1991, 30 and subseauent editions and this shall also be known as UBC Standard 31-1; 31 (4) Elevators, Dumbwaiters, Escalators and Moving Walks, ANSI A17.1-1971, 32 and ANSI A17.lb-1973, published by the American National Standards Institute; 33 (5) The Life Safety Code, National Fire Protection Association Code num- 34 ber 101-1973, published by the National Fire Protection Association; 35 (6) National Fire Protection Association Code numbers 501B-1974 (ANSI 36 A119.1), and 501C-1974 (ANSI A119.2), and the accepted engineering practice 37 standards therein. for compliance by the manufactured home and recreational 38 vehicle industry, published by the National Fire Protection Association; and 39 (7) National Fire Protection Association Code numbers 501A-1974, and 40 501D-1974, published by the National Fire Protection Association; and 41 (8) :americans with Disabilities Act (ADA) Part II, Accessibility Guide - 42 lines for Buildings and Facilities, and Transportation Facilities as published 43 in the Federal Register Volume 56 No. 173, Friday, September 6. 1991. V/ HOLLAND & HART ATTORNEYS AT LAW DENVER SUITE 1400 TELEPHONE (208) 342-5000 DENVER TECH CENTER WEST ONE PLAZA FACSIMILE (208) 343-8869 COLORADO SPRINGS BOISE, IDAHO 83702-7714 ASPEN MAILING ADDRESS BILLINGS PO BOX 2527 BOISE BOISE, IDAHO 83701-2527 CHEYENNE JACKSON WASHINGTON, D C TITLE III PUBLIC ACCOMMODATION BY PRIVATE ENTITIES B. Newal Squyres Debra K. Ellers I. What Does Title III Require? Title III is intended to provide individuals with disabilities with the same access to all of the goods and services that are provided by private entities to the general population. Title III prohibits service providers from discriminating against individuals with disabilities in the full and equal enjoyment of the goods, services, facilities, privileges and advantages of any place of public accommodation. II. What are the Effective Dates for Title III? Title III was effective January 26, 1992. However, certain civil actions for a violation of Title III may not be brought against businesses that employ 25 or fewer employees and have gross receipts of $1 million or less until after July 26, 1992. Such civil actions may not be commenced against businesses that employ 10 or fewer employees and have gross receipts of $500,000 or less until after January 26, 199q. Unlike Title I of the ADA, which will not apply to employers with fewer than 15 employees, Title III will apply to every business, regardless of its size or number of employees. III. Who is Protected by Title III? Title III protects the same people that are protected by Title I (people with disabilities; people who were disabled; people considered to be disabled; people associated or who have a relationship with a person with a disability; and anyone who exercises rights under the ADA). /011%, Iv. What Businesses or other Establishments are Covered by Title III? A. Public Accommodations Public accommodations have an affirmative obligation to remove barriers to access so as not to discriminate against the disabled. Congress enumerated various public accommodations to which Title III specifically applies: - places of lodging; - establishments serving food or drink; - places of exhibition or entertainment (e.g., theaters or stadiums); - places of public gathering (e.g., auditoriums, convention centers); - establishments selling or renting items (e.g., grocery stores, hardware stores, shopping centers); - establishments providing services (e.g., laundromats, dry cleaners, banks); - stations used for public transportation; - places of public display or collection (e.Q., museums, libraries); - places of recreation (e.g[.,,.parks, zoos, amusement parks); - places of education; - establishments providing social services (e.g., daycare centers, senior citizen centers, shelters); and - places of exercise or recreation (e.g., gymnasiums, bowling alleys, golf courses). B. Commercial Facilities A commercial facility is defined as a private facility intended for nonresidential use whose operations -will affect commerce. Examples are manufacturing facilities and corporate offices. Commercial facilities do not have an affirmative obligation under Title III to remove barriers, but must meet accessibility requirements for alterations to existing facilities or new construction. V. What are the Accessibility Requirements of Title III? A. Barrier Removal The ADA requires public accommodations to modify the physical layout where modification is "readily achievable." The term readily achievable is defined as "easily accomplishable and owl= r"t able to be carried out without much difficulty or expense." The criteria to be considered in determining whether a structural alteration is readily achievable are the same as those for determining undue hardship in Title I: the nature and cost of the changes and the overall financial resources of the facility, among others. Examples of steps to remove barriers, include, but are not limited to, the following actions: 1. Installing ramps; 2. Making curb cuts in sidewalks and entrances; 3. Repositioning shelves; 4. Rearranging tables, chairs, vending machines, display racks, and other furniture; 5. Repositioning telephones; 6. Adding raised markings on elevator control button; 7. Installing flashing alarm lights; 8. Widening doors; 9. Installing offset hinges to widen doorways; 10. Eliminating a turnstile or providing an alternative accessible path; 11. Installing accessible door hardware; 12. Installing grab bars in toilet stalls; 13. Rearranging toilet partitions to increase maneuvering space; 14. Insulating lavatory pipes under sinks to prevent burns; 15. Installing a raised toilet seat; 16. Installing a full-length bathroom mirror; 17. Repositioning the paper towel dispenser in a bathroom; 18. Creating designated accessible parking spaces; 19. Installing an accessible paper cup dispenser at an existing inaccessible water fountain; 20. Removing high pile, low density carpeting; or 21. Installing vehicle hand controls. B. Alterations to Premises "Altered" commercial facilities and public accommodations must be made readily accessible to disabled individuals if the alteration begins after January 26, 1992. Not every change in a facility is significant enough to amount to an "alteration" that then must meet the accessibility criteria. An alteration is defined as a change to a facility that affects or could affect the useability of the building or facility or any part thereof and includes: restoration, changes or rearrangements in structural parts or elements, and changes or rearrangements in the plan configuration of walls and full height partitions. Generally, normal maintenance, reroofing, painting or - 3 - wallpapering, asbestos removal, and changes to mechanical and electrical systems will not be alterations sufficient to trigger the "readily accessible" requirements. In addition, when the area under alteration is a "primary function area," there may also be an obligation to alter the path of travel to the primary function area to make it readily accessible as well. Primary function areas include all work areas, customer service areas, meeting rooms, dining areas in cafeterias, and offices in which the activities of the business are carried out. Mechanical rooms, boiler rooms, supply storage rooms, employee lounges and locker rooms, janitorial closets, entrances, and restrooms are generally not areas containing a primary function so alterations to these areas will not automatically trigger an obligation to alter a path of travel to these areas. If altering the path of travel would exceed 20% to 30% of the cost of the alteration to the primary function area, it could be considered to be disproportionate to the overall cost of the alterations being made. The facility's obligation in such a situation would be to make the path of travel readily accessible up to the point where the cost becomes disproportionate with providing an accessible entrance as the first priority. Where an area is being altered which is not a primary function area, there is no obligation to alter the path of travel to the area; however, the alterations must still meet the "readily accessible" test. C. New Construction Any new construction of a commercial facility or a public accommodation to be occupied after January 26, 1993, must be designed to be readily accessible unless it would be "structurally impracticable" to do so. Readily accessible means that the facility can be approached, entered, and used by individuals with disabilities (including mobility, sensory and cognitive impairments) easily and conveniently. An exception is that buildings of less than three stories 4g with less than 3,000 square feet which are not used as shopping centers or for professional healthcare may not be required to install elevators. Here, the ADA contemplates convenient access and intends that patrons and employees will be able to get to, enter and use a facility. It includes providing access to a facility from a street or parking lot, access to work areas for employees, and access to common use areas such as employee lounges, cafeterias, health units and exercise facilities. Only in rare situations will the accessibility requirements be excused because of structural impracticability. Generally, to be structurally impracticable, the unique characteristics of the terrain must make accessibility unusually difficult. Nevertheless, the commercial facility must comply to the extent it is feasible to - 4 - 10..E do so. Some locations in a facility, particularly in manufacturing facilities, will not be required to be accessible. These include (1) observation galleries used primarily for security purposes or (2) nonoccupiable spaces (a) accessed only by ladders, catwalks, crawl spaces, very narrow passageways or freight (nonpassenger) elevators and (b) frequented only by service personnel for repair purposes. D. Transportation Services Generally, private entities that are primarily engaged in the business of transporting people are required to purchase or lease new vehicles that are accessible and usable by people with disabilities. Title III is specific regarding the type, size and requirements of replacement vehicles. The duty of reasonable accommodation requires such entities to remove structural or other barriers for persons with disabilities as long as such accommodation is not an undue burden. Private employers and public entities also have obligations to modify transportation systems to accommodate disabled employees. VI. Penalties The public accommodation provisions are enforceable by any individual or by the United States Attorney General through the Department of Justice. When suits are brought by an individual, relief is limited to an order to cease the discriminatory conduct, or an order to make a certain accommodation, and attorneys' fees. When an action is brought by the Attorney General, in addition to the above remedies, the court may award compensatory damages and civil penalties ranging from $50,000 to $100,000. 18721 MWIC 504 DEFINITIONS FEDERAL FINANCIAL ASSISTANCE Includes community development funds... ©� hem �4�c°""` '•"`�� INDIVIDUALS WITH HANDICAPS - Any person with a pial or mental impairment that substantially limits one or more maj(Sr life activif - has a record of such impairment((- ao... COY -^-� • `"'"'"a"``, "'� `��`� ��-" - or is regarded as having such an impairment- PROGRAM mpairment- PROGRAM OR ACTIVITY (%-v kl^, �u-kpv—b-- "-% Sa'k /Al"O - Means all of the operations of: Crc"OL-A.-�) a) A department, agency, special purpose district, or other instrumentality of�a $,ate or local government; or, �\ GiCkti s :r \ -'* w va+,kv C- b) The entity of such State or local government that distributes such assistance and each such department or agency to which the assistance is extended... REASONABLE ACCOMMODATION The modification to a program which is instituted for the purpose of accommodating disability(ies) and which does not create an undue financial or administrative burden or the recipient. k- -,zA- PvaQe Q .04 0, Cb*6;(:J.t (Qc c s� �`�- T TATTt-%"1L ! TTT%TTTI A T A d"0"T-C4CITTITT TTT7 C4T A ATT% A "TNO Standards adopted by the United States Architectural And Transportation Barriers Compliance Board for the purpose of enforcing the architectural requirements of 504 and other Civil Rights legislation addressing disability. i"'\ SELF-EVALUATION -e3 GENERAL REQUIREMENTS o A self evaluation must be completed by July 10, 1989. o In preparation of the self evaluation, the recipient must consult with individuals with handicaps or organizations representing them. o Recipients with 15 or more employees must keep on file for at least three years: ke Aorr'-) 4& a j L -be --r 6� - a list of interested persons consulted; - A description of areas examined and any problems identified; - and, a description of modifications made and remedial steps taken. ELEMENTS o Evaluation of current policies and practices relative to the 504 regulations. n o Modification of any policies and practices that do not meet the 504 requirements. o Corrective action to remedy any discrimination found. AREAS TO BE EVALUATED o Buildings or facilities for physical accessibility o Program outreach and communication (a5 AAl p�O�� °'�"�'"``� C&o.-A o Eligibility and admission criteria and practice o Distribution and occupancy policy and practice o Percentage of accessible units o Employment ( including pre-employment) (TTY $t & Fpt:c &4wK 0 o Complaint processing procedures ^ NON -HOUSING FACILITIES EXISTING FACILITIES - Each non -housing program or activity must be operated so that, when viewed in its entirety, it is readily accessible to and usable by individuals with handicaps. - Recipients are not necessarily required to make each facility accessible to individuals with handicaps, and need not take any action which can be demonstrated to impose an undue financial and administrative burden. - Methods of achieving program accessibility may include such actions as to: - Locate programs or services in accessible facilities - Assign aides to assist beneficiaries - Conduct home visits - Add or redesign equipment or furnishings - Change management policies or procedures - Acquire or build new facilities - Selectively alter existing facilities - Non-structural changes to comply with the requirements for non- housing facilities were to have been completed by September 10, 1988. - For structural changes, a transition plan was to have been developed by January 10, 1989 showing how changes will be completed before July 10, 1991. 1 TELECOMMUNICATION DEVICES FOR THE DEAF (TDD) BASIC INFORMATION o A TDD or TYY (Teletypewriter) is used to communicate with individuals who have hearing or speech impairments. o A TDD user and a person without a TDD may communicate by means of a third party operator. o The three basic parts of a TDD are: - A typewriter -like keyboard; - An electronic coupler (modem) for the handset; and - A read-out display for the message. o The cost of a TDD ranges between $125 and $1,000. USING A TDD c Determine as quickly as possible if the call is by TDD or regular telephone. o Identify yourself in the same way you would by regular telephone, typing in your name, organization, and so forth. o Omit punctuation except as necessary for clarification. o Use abbreviations and shortened messages whenever possible. o Complete the call with appropriate sign off code. COMMON TDD TERMS o GA - Go Ahead. This indicates that you have finished and the other person may type. o SK - Stop Keying. This signals that one person is ready to hang up. o GA to SK - This is to request for confirmation to hang up. o Q — This replaces the question mark. o HD - Hold. This is a request for you to wait. o PLS - Please o XX/XXX - This indicates misspelled or incorrect words. 11� THE TRANSITION PLAN GENERAL REQUIREMENTS - A transition plan is mandatory if structural changes to facilities are needed to achieve program accessibility. - The plan must be developed with the assistance of individuals with handicaps or organizations representing them. - A copy of the plan must be made available for public inspection. CONTENTS OF THE PLAN - Identification of the physical obstacles that limit accessibility. - Detailed description of methods that will be used to make facilities accessible. - Schedule for each step of the process, including year -by -year milestones if more than one year is required. - Name of the official responsible for implementation of the plan. - Names of persons or groups who assisted with the plan. CONTAGIOUS DISEASES GENERAL CONSIDERATIONS - Persons with contagious diseases can be considered individuals with handicaps under Section 504. - The recipient must determine if the individual is otherwise qualified to participate in the program. - A recipient is not required to make fundamental alterations in programs or undertake undue financial and administrative burdens. - The recipient must determine if by reasonable accommodation the risk of contagion can be eliminated. FACTORS FOR CONSIDERATION OF SPECIFIC CASES - What is the nature of the risk; how is the disease transmitted? - What is the duration of the risk; how long is the carrier infected? - What is the severity of the risk; what is the potential harm to others? - What is the probability that the disease will be transmitted? MEDICAL EXAMINATIONS - If a medical examination is required of some applicants, it must be required of all. - Any action resulting from such an examination must be based on sound medical judgement and comply with Section 504. - Medical information on an employee/ applicant is confidential except that: - Supervisors and managers may be informed regarding restrictions on work or duties; and - First aid and safety personnel may be informed where emergency treatment is required. n 11. ll�!.,Pogram Accessibility The facilities of any program or activity that receives Federal financial assistance must be accessible to and usable by qualified individuals with handicaps. The extent to which facilities must be made accessible depends on whether they are new. altered, or existing facilities. New facilities must be designed or constructed to be read;l) accessible to and usable by individuals with handicaps. See 24 CFR 8.22. Certain "covered multifamily dwellings" must be designed and constructed to meet the accessibility requirements of the Fair Housing ACL See 42 USC 3604 (f)(3)(C); 24 CFR 100.205. A. Non-bousing Facilities 1. Complete the section below with information about each of the recipient's programs or activities that receives Federal financial assistance. Write the name of the program or activity and the address of the facility. Use the code letters listed after the chart to complete the other categories. Program Example: Admin Facility I Status I 200 C St:. E Inaee. Features 1 I , I � I I I I � I i i i Facility. The Status of a facility is: N - New A - Altered E - Existing H - Historic Preservation Features. See Site Aceessibifiy V (A) Methods. The methods that may be used to make a program or activity accessible are a. Location of programs or services in accessible facilities or accessible portions of facilities; b. Assignment of aid to beneficiaries, c. Home visits: d. Addition or redesign of equipment: a. Changes in management policies or procedures. f. Acquisition or construction of additional facilities, - !tiod of "rnpuance i i I g. Alterations to existing facilities on a selective basis: h. Any other method that results in making a program or activity accesible to individuals with handicaps (such as referral to other facilities dud are accessible). In Historic Preservation programs (H), priority should be given to methods that provide physical access to individuals with handicaps A physical alteration to the property is not required 0 it would result in a substantial impairment of significant historic features in that case, the following methods may be used to make a program or activity accessible I. Use audio-visual materiels and devices to depict those portions of an historic property that cannot otherwise be made accessible, 1. Assign persons to guide individuals with handicaps into or through Portions of historic properties that cannot othenrise be made accessible; or, It. Adopt other innovative methods. (See 1l.21(c)(2)(n) for suggestions). Parr t 2. Are facilities accessible to and usable by individuals with handicaps? Do structural alterations need to be completed to make the facilities accessible? U sttvctural changes are necessary, has a transition plan to make such changes been completed? E] Yes E]No F1 Unable to Determine 3. Will structural changes be completed by July 10, 1991? 18.21 (c)(3)) M Yes El No RUnable to Determine 4. Are programs or services located in accessible facilities or accessible portions of facilities? Non- structural changes to make programs accessible must be made immediately. The means of assuring such accessibility is discussed in 24 CFR 8.21. 0 Yes FlNo F1 Unable to Determine If no method has been designed to correct an inaccessible feature, the following statement should be used: There is evidence that the recipient's non -housing facilities will not be made accessible to or usable by qualified individuals with handicaps within the time period required by the Department of HUD. B. Housing Facilities 1. Base Line Information a. How many individuals in the area are eligible for public housing? i b. How many of them are eligible qualified individuals with handicaps? c. How many housing units does the recipient have? d. How many are accessible? i e. How many are occupied by those persons who do need those features? f. How many accessible units are occupied by individuals who have no need of those features? g. How many applicants are currently on a waiting list? h. How many applicants on the waiting list need an accessible unit? i. How many of them have been passed over in the last year due to the unavailability of an accessible unit? 2. General Requirements for all LIPH and Moderate Rehabilitation Projects (A Multifamily Housing Project means a project containing five or more dwelling units.) a. Are accessible dwelling units to the maximum extent feasible and subject to reasonable health and safety requirements? (1) Distributed throughout projects and sites? Yes R No [:) Unable to Determine (2) Available in a sufficient range of sizes and amenities so that there is a choice of living ar- rangements available to qualified individuals with handicaps. 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O d'a OC G a �. G- — W 4 Q G d 0 a L 9 f-+ d 7 _^ N G ��- ei ►b.. O fL•• G ..+ !L'• y C 1. a r 'O ►. }-• .. O — O V � T /"1 COMMISSIONERS: Presidedt - Gayle Speiser Vice President - - Robert Trerise Mdrienne Endo ! Mark Leeper Cla►Use' M. Mas -ell Susan Plile; 450 WIEYT STATE STREET Osbaldo Revna BOISE, IDAHO 33720 Bernedum E. Ricker (2= 334.2373 Philip N. Sansossa IDAHO HUMAN RIGHTS COMMISSION VaWw T Ruder. fh1vo e Equdi Opportumtv timployer HANDICAP DISCRIMINATION --IDAHO'S EXPERIENCE --by Leslie L. Goddard April, 1991 In July of 1988 the Idaho Human Rights Act was amended to prohibit, for the first time, employment discrimination based upon handicap. The new state law was drafted in order to provide coverage similar to that offered by the federal Rehabilitation Act of 1973. Thus, Idaho employers who as federal contractors are bound by the Rehabilitation Act are not subjected to conflicting statutory requirements. One major distinction between the federal and state laws lies in the range of employers who are covered. The federal Rehabilitation Act just includes employers who have at least $2500 in federal contracts. The state law covers all private employers who have at least 10 employees for 20 or more weeks in the current or preceding calendar year. As of July 1, 1991, the number of employees will drop to five. The law also covers all governmental entities and state contractors, regardless of the number of employees they have. Idaho Code 67-5902(15) defines "handicap" in broad torms. li includes "a physical or mental condition . .. whether congenital or acquired, which constitutes a substantial disability to that person and is demonstrable by medically accepted clinical or laboratory diagnostic techniques. A handicapped person is one who: (a) has such a disability, or (b) has a record of such a disability, or (c) is regarded as having such a disability." t€F"Ni�tO- Hf� ;ee� 0 9 backs, can make a person "handicapped" and protected by the statute if those minor conditions are used by others to deny employment opportunities. Like federal law, Idaho state law requires an employer to attempt a reasonable accommodation to the special needs of the handicapped worker or job applicant. Reasonable accommodations are adjustments or modifications to the work environment made to help the handicapped person fulfill his or her employment responsibilities. Examples include: making the worksite accessible to and usable by the handicapped person, modification of equipment or tools, job restructuring or reassignment, or modified work schedules. A requested accommodation is not reasonable if it unduly disrupts the employer's normal operations, threatens the health or safety of the handicapped person or others, contradicts a business necessity of the employer, or otherwise imposes an undue hardship on the employer. See Idaho Code 67-5902(16) and IDAPA 15.06.A.122. Idaho law does not require an employer to hire anyone who, because of a handicap or for any other reason, cannot perform the work which needs to be done. Nor does the law prohibit hiring someone other than a handicapped applicant for reasons unrelated to the handicap. In fiscal year 1989 (the first year in which the state law was effective) the commission received 44 formal complaints of handicap discrimination. For the next fiscal year, 47 formal complaints were filed, constituting about 16% of the commission's administrative case load. Over a nine-month period from approximately October of 1989 through July of 1990 the following disabilities were the bases for at least one complaint of handicap discrimination: learning disability, alcoholism, cerebral palsy, heart disease, deafness, back problems, diabetes, red cedar athsma, paraplegia, manic depressive personality, -3- the commission tries not to second guess any employer who has made a good z faith effort at accommodation. The commission has encountered two situations which have led it to question whether employers were acting in good faith, however. One occurs when employers seem to be passing moral judgments on the alcoholic, rather than responding to genuine workplace issues. An employer who is contemplating disciplinary action against an alcoholic should ask himself whether he would take the same action if the person were suffering from another disability. The second situation involves the issue of treatment. The commission has encountered cases where the alcoholic suffered no disciplinary action --despite poor performance --until he or she sought treatment. Employees have been terminated when they requested unpaid time off for inpatient treatment. Others have been terminated while participating in rigorous outpatient treatment schedules which left them too exhausted to work normal or overtime hours. In both instances, one cannot help but believe that employers would have been more willing to accommodate employees who suffered from some disability other than alcoholism. When working with disabilities other than alcoholism, efforts to define reasonable accommodations have not been as difficult as the agency had anticipated. As a general rule, most handicapped workers know what accommodations, if any, they need. Employers can usually rely on their own worker or applicant for the most accurate information and should feel free to ask. It is a mistake to avoid discussing a handicap during a pre-employment interview if the condition is seen as material and used as a basis for not hiring the applicant. An honest discussion may reveal that the disabled person can perform the job with no or a minimal accommodation and be the best candidate! -5- A generalizations, but to give the handicapped candidate the same individualized look that any other candidate would receive. 7- GLOSSARY OF EQUAL EMPLOYMENT OPP(jHTUNITY/ AFFIRMATIVE ACTION TERMS 11901 An Equal Employment Opportunity/Affirmative Action Glossary.—Here's an alphabetical list of the basic terms you'll come across in discussion of EEO and affirmative action programs. The definitions are short and are meant to give you a general idea of what's involved. More detailed explanations are in- cluded in the individual tab sections. Italicized terms within the definitions are included individually in the glossary. Accommodation for the handicapped—Any. changes you make in your physical plant (installing ramps or special restroom facilities, etc.) or in your jobs (changing tools needed or modifying the sequence of the tasks. etc.) so that the handicapped can perform the jobs. ADEA—The Age Discrimination in Employment Act of 1967 which prohibits discrimination in employment against �weQs-between 40 and 76 - Adverse impact—A substantially different rate of selection in hiring. promotion, or other employment decision that works to the disadvantage of members of a racial, sex, or ethnic group. If more members of one group than another are qualifying for employment, training, promotion, etc., then your selection procedures may be having a disparate effect or adverse impact on the group that's not qualifying. It doesn't matter if those policies or procedures weren't intended to affect people unequally; what matters is the result. The Uniform Guidelines on Employee Selection Procedures use a rule of thumb: If the selection rate for a group is at least 80% of the rate for the group with the highest rate of selection, there is probably no adverse impact. However, a smaller difference may be evidence of adverse impact if significant in both statistical and practical terms. A larger difference may not be. if the numbers are so small as to make statistical analysis impossible. Remember that adverse impact is only one aspect of unlawful discrimination; the 80% rule is merely a basis for drawing an initial inference and re- quiring additional information. (See validation.) Affected class—Any group of peopie—blacks, Hispanics. women—who are being discriminated against or who have been discriminated against in the past. Affirmative action plan (AAP) —A written plan with a specific program to eliminate or prevent discrimination. Some are required by law: others are developed under court order. The AAP is often designed to remedy past discrimination and to make sure it doesn't happen again. Developing an AAP usually involves four steps: an analysis of the representation of various groups in your workforce: the setting of numerical goals and timetables to get more members of underrepresented classes on the workforce; an explanation of the methods to be used to eliminate discrimination; and the establishment of responsibility for implementing the program. Ago discrimination—See ADEA. American Indian or Alaskan native --A person having origins in any of the original peoples of North America. and who maintains cultural identification through tribal affiliation or community recognition. (See minority groups.l Artificial barriers to employment—Requirements that have nothing to do with job performance. but prevent certain groups from being hired or promoted. For example, lifting requirements when lifting is an insignificant part of the job, or English language requirements when no oral communication is necessary. Asian or Pacific Islander—A person having origins in any of the original peoples of the Far East. Southeast Asia. the Indian Subcontinent or the Pacific Islands. This area includes. for example, China, Japan. Korea. the Philippine d 1979 P -H Inc. EEO Compliance Manual—See Cross Reference Table for latest deveiopments 11901 :902 Planning Your EEO Program Islands, and Samoa. The Indian Subcontinent takes in the countries of India. Pakistan. Bangladesh, Sri Lanka. Nepal, Sikkim, and Bhutan. (See minority groups.) Availability—The percentage of women and minorities in the labor supply in your company's area. This figure is then used to see if your workforce reflects the representation of minorities and women in your community. (See parity percentages: underutilization.) Black, not of Hispanic origin—A person having origins in any of the black racial groups of Africa. (See minority groups.) Bona fide occupational qualification—A job qualification, not necessarily based on merit, education, or experience, that's necessary to the operation of a particular business and reasonably related to the job. Sex and age are exam- ples of requirements companies have tried to prove as BFOQs for certain jobs. But if you can't prove the require- ment is legitimate, then you can't insist on it. And the courts and EEOC have rejected most arguments for sex as a BFOQ. In fact, EEOC's Guidelines on Discrimination Based on Sex list only two jobs for which sex may be a BFOQ—actor and actress. Business necessity—A policy that's essential to the financial stability or the safe and efficient operation of your busi- ness. If one of your policies discriminates, you must be able to prove it's essential. For example, if it's prohibitive- ly expensive for you to hire a particular group, then you may be able to claim business necessity and discriminate. Note: The courts have interpreted the doctrine of business necessity very narrowly. Few claims are ever accepted. Cease and desist order—An order from a compliance agency or court requiring an employer, union. or other organization to stop certain illegal actions or practices. Charging party—The person who charges a company, union, employment agency, etc., with discrimination. Chilling effect—Policies, interview questions. or work situations that discourage certain groups from applying for or remaining in jobs are said to have a chilling effect. Things that seem harmless to you may subtly discriminate against some classes. Class action—A civil suit brought by one or more persons or by a government agency on behalf of all persons who are in the same situation or who are subject to the same discrimination. Complaint—The formai notification of alleged discrimination to the proper authority. The complaint should contain enough information to permit an investigation. The complaint is usually considered filed when it's delivered to the proper official or office. It doesn't always have to be in writing and the charging party doesn't always have to identify himself or herself. Compliance agency—Any government agency (federal, state, or local) in charge of enforcing antidiscrimination laws. Compliance review—An investigation to see whether a particular employer, union, employment agency, or other organization is in compliance with the nondiscrimination requirements of the laws and regulations. Depending on the law, the agency, and the agency's regulations, compliance reviews may be conducted with or without a complaint. Reviews may be limited to a particular complaint or they may include an entire organization or an entire industry. Agencies conducting reviews may look into the circumstances and facts of specific discrimination charges, examine policies and practices which may result in discrimination, and decide whether or not AA Ps and complaint procedures are adequate. y ~ 1903 Glossary _ int, usually rmal Conciliation—The process of trying to seottlleaadiscrimination acl n. Conciliation liat onitis generally the firsthstepin a discrimination without resorting to a formal hearing g sits down with the employer and tries to work out suit with EEOC. When a charge is made to EEOC, the agency a voluntary solution. emonstrate by that the Construct validity me show whethconstruct or ntotta oft cants selection orn mrocedure you must ployees have identifiable characteristics which shave tion procedure measures whether PP clerical aptitude). (See validation.) been determined to be important for successful job performance (e.g.. P Content validity—To show content validity of a selection procedure, you must show by demonstrable data that the selection procedure is a representative sample of important "work behaviors" (e.g., specific skills) needed to do the particular job in question. (See validation.) Co-worker preference—Somecompanies argued workers their don't want to work with women, employer. blacks. k members of some other group. But the courts have ruled that's no excuse for discrimination by n (See �c�i!r-preference.) — ' Criterion -related validity—To show criterion-reiated validity of a selection procedure, you must demonstrate that the selection procedure predicts or significantly correlates with important elements of work who scores well behavior. In the test her words: if a test or other selection procedure has criterion -related validity, an app licantwill perform well on the job and an applicant who scores poorly on the test will perform poorly on the job. (See technical feasibility: validation.) Customer preference—Some companies have argued that their customers don't want to deal with women, blacks. or members of some other group The courts haven't accepted this argument. (See co-worker preference.) Differential prediction—See unfairness of selection procedure. Disclaimer—The words, "An Equal Opportunity Employer—M/F," used in all your help -wanted ads. Those words must be followed up with action. Discrimination—Unequal treatment of a class of persons. If the policy, oresult op practian ceon. poiicv, or s discriminatory. practice Discrimination treatment of a particular protected class, then that action, p may involve a single act or it may involve a continuing policy or -practice. It may be intentional or unintentional: purpose or intent is irrelevant when the effect is to deny equal opportunity. Disparate effect—See adverse impact. Disparate treatment—Your policies must treat all groups in the same way. You can't. for example, have one set of rules for women and another for men. You can be charged with discrimination if there's disparate treatment—if all your policies aren't applied to all groups in the same way. EEO-1—All companies with 100 or more employees and all government contractors with 50 or more employees must file this report every year with EEOC. The EEO -1 shows what percentage of women and minorities are in each of your jobs. (See minority groups.) Equal employment opportunity—Equal access to all available jobs and training, under equal terms and conditions. and with equal benefits and services without actions, policies, or practices which differentiate among applicants O 1979 P -H Inc. EEO Compliance Manual—See Cross Reference Table for latest developments 'j1901 1904 Planning Your EEO Program or employees on the basis of race, color, national origin, sex. age, or religion. This includes equality in recruit- ment, hiring, layoff, discharge, recall, promotion, training, responsibility, wages, vacation, overtime, insurance, retirement and pension benefits, and breaks. Executive orders—Orders issued by the President which are binding on the executive branch of the federal govern- ment. Federai guidelines—Interpretations, clarifications, and positions of various government agencies designed to help you comply with the laws they enforce. Federal guidelines don't have the force of law, but they're generally ac- cepted or given great weight by the courts. Final findings—A state agency's conclusions about the validity of a discrimination charge. EEOC usually uses this conclusion to decide whether or not to investigate the charge further. Handicapped persons—Under HEW guidelines, handicapped persons are defined as persons who have physical or _awaieirw4totrments that substantially limit one or more of their major life activities (talking, walking, working, etc.), have histories of those impairments, or are regarded as having those impairments. Persons "regarded as having those impairments" may not have handicaps, but appear to have them. They may have just as much trou- ble getting and keeping jobs as persons who are really handicapped. Hispanic—All persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race. legal action—A civil or criminal suit. It may be filed by a prosecutor, a compliance agency, an aggrieved person or persons, or an organization, depending on the type of suit. • Civil suits are filed to declare, enforce, and protect rights, or to right or prevent a wrong. • Iniunetions are court orders forbidding certain actions; requests for injunctions are civil actions filed to prevent the initiation or continuation of an action. Criminal actions are filed for infractions of criminal law; only the Justice Department or a state prosecuting agency may prosecute a criminal action. Prosecuting agencies must choose which law to sue under if more than one law applies. Prosecuting agencies can also take nonjudicial action, including publishing the names of parties found in violation of discrimination laws and debarring companies or organizations that discriminate from receiving future federal contracts or financial assistance. Minority groups—For purposes of nondiscrimination and affirmative action reporting, the five standard categories are: American Indian or Alaskan native: Asian or Pacific Islander: Black, not of Hispanic origin, Hispanic: iVhite. not of Hispanic origin. (See individual categories for definitions.) Parity percentages—When the percentage of minorities and women on the job in your company equals the percentage of minorities and women in your labor market, you have achieved parity percentages. (See availability: underutilization.) Pattern or practice suit—A civil suit charging the existence of a repeated or customary action or practice, or a series of acts of the same type, resulting in a pattern of discrimination. ssn Glossary 1905 Probable cause—Government compliance agencies don't have to find "proof beyond a reasonable doubt" to conclude that a company's employment practices discriminate. They only have to find "probable" or "reasonable" cause to proceed with enforcement action. (See reasonable cause.) Rate of selection—For a group, the rate of selection is determined by dividing the number of applicants selected from that group by the total number of applicants from that group, and multiplying by 100. The resulting percentage is compared with the percentage for the group with highest selection rate in determining whether selection procedures have had adverse impact on the group. Reasonable cause—Sufficient grounds to believe an illegal act may have occurred. Red -circle rates—Keeping employees at their current wage rates when they move into jobs previously closed to them. This insures that women and minorities don't have to take pay cuts to move into jobs they were previously denied because of discrimination. Regulations—Rules or orders set forth by government agencies. Regulations interpret statutes and are binding on persons and organizations that come within the agency's jurisdiction. Relevant labor market—The geographic area from which you can reasonably be expected to recruit workers. Remedial action file—A list of women and minorities in line for the next promotion. Also includes lists of qualified women and minorities who applied when there were no jobs available. Respondent—The company, union, employment agency, etc., named in a discrimination charge. Reverse discrimination—Action, policy or practice that adversely affects whites and/or males in the course of im- plementing affirmative action or preferential treatment of minority groups and/or women. Courts have upheld charges brought by aggrieved whites (e.g., the Bakke case). Right to a hearing—The charging parry's right or the respondent's right to request and be given an administrative hearing. Although many discrimination complaint procedures don't give the charging party the right to a hear- ing, the compliance agency may hold a hearing for the respondent and allow the chargine party to take part in it. Right to file suit—The charging parrv's right to file a civil action to enforce a right which allegedly was violated. Although many anti -discrimination laws don't give charging parties this right, a compliance agency or the Justice Department may file suit and let the charging party take part. The charging party may also be given the right to file suit by the compliance agency. (See legal action.) Selection procedure—A measure or procedure (other than a bona fide seniority system) used as a basis forany employment decision. Examples: traditional paper -and -pencil tests; performance tests: training programs or probationary periods: physical, educational, and work experience requirements: informal or formal interviews: application forms: etc. Technical feasibility—The situation in which criterion -related validity studies can be meaningfully conducted. These are the conditions: (1) a large enough number of persons for findings to be statistically significant; (2) a sufficient range of scores on selection procedure and job performance measures for representative results; (3) unbiased, reliable, and relevant measures of job performance or employee adequacy. (Ste validation.) c 1979 P -H Inc. EEO Compliance Manual—See Cross Reference Table for latest developments 11901 1 1906 Planning Your EEO Program Underutilization—Having a lower percentage of minorities and women in some jobs than there is in your company's labor market. (See availability; parity percentages.) Unfairness of selection procedure—Also called differential prediction. A condition in which members of one racial, ethnic, or sex group characteristically obtain lower scores on a selection procedure than members of another group, and the differences are not reflected in differences in job performance. Validation—Demonstrating that your selection procedures are reliable indicators of future success in a job. (See construct validity; content validity; criterion -related validity; technical feasibility.) White, not of Hispanic origin—A person having origins in any of the original peoples of Europe, North Africa, or the Middle East. In certain contexts, particularly in contrast with Hispanics, whites are referred to as Anglos. (See minority groups.) elok" �t IDAHO TRANSPORTATION DEPARTMENT ni@Anil AUTApr nnoiaira 1990 n THE 1990 IDAHO TRANSPORTATION DEPARTMENT DISADVANTAGED BUSINESS ENTERPRISE REGISTERED LIST Contractors - Subcontractors - Consultants - Suppliers - Brokers July, 1990 Prepared by: Civil Rights Section Kingsley and Associates Idaho Transportation Department AND 124 Broadway P.O. Box 7129 Boise, Idaho 83702 Boise, Idaho 83707 (208) 334-8458 (208) 342-1360 FORWARD The Disadvantaged (DBE) Business Enterprises listed in6 the 1990 Idaho Transportation Directory are contractors, suppliers, consul- tants who have expressed an interest in providing services in the private and public works transportation and construction industries. The Disadvantaged (DBE) Business Enterprises included here have been certified by the Idaho Transportation Department as legiti- mate Disadvantaged Business Enterprises. n The information provided in the Directory has been supplied by the business owners utilizing the ITD-646A or 646B documents as appro- priate. The information was gathered during a formal effort con- ducted by the Idaho Transportation Department. Knowledge about the other Disadvantaged Enterprises in Idaho should increase during the year as new information is received through the ongoing efforts of the Idaho Transportation Department Disadvantaged Busi- ness Enterprise Program. This Directory is published quarterly by the Idaho Transportation Department, Civil Rights Section. The compilation of this Directory has been made possible through the cooperation of numerous private and public entities currently involved in addressing the problems faced by contractors attempt- ing to solicit .the support of Disadvantaged Enterprises in the contracting industry. However, support of the business owners who have responded positively to inquiries has been especially appreciated. CRAADIRDMWBE 7/90W -1- /� HIGHWAY CONSTRUCTION /,-1 BE A -I FLAGGING WBE 9414 MARTINGALE BOISE, ID 83709 RHONDA BUFFINGTON (208) 323-7969 DBE ABT SERVICE CORPORATION MSE 2339 SOUTH 2700 WEST WEST VALLEY CITY, UT 84119 EDWARD A. VIGIL (801) 972-1702 DBE AGI CONSTRUCTION WBE 7705 MAXWELL DRIVE BOISE, ID 83704 TERRI BANKHEAD (208) 322-5309 DBE ALEXANDER -MARTIN, WBE 302 SOUTH 700 EAST JEROME, ID 83338 ELAINE MARTIN (208) 324-2300 BONDING: UNDETERMINED FLAGGING, TRAFFIC CONTROL, SEWER AND WATER, EXCAVATION, DEMOLI- TION, CLEAR AND GRUBB, PILOT CAR, TRAFFIC MARKINGS, SIGNS OC: 040687 LOS: 040187 BONDING: YES GENERAL CONSTRUCTION, HEAVY HIGHWAY, BRIDGES, EXCAVATION, GUARDRAIL, SIGNS, DEMOLITION, BUILDING, INTERIOR FINISHING, FENCING, MINOR STRUCTURES OC: 123184 LOS: BONDING: YES HEAVY HIGHWAY CONSTRUCTION, DIRT WORK, GRADING, EXCAVATION, BRIDGES, FENCING, DEMOLITION, GUARDRAIL, TRAFFIC CONTROL, FLAGGING OC: 102689 LOS: 102489 INC. BONDING: YES BRIDGES, HIGHWAY, GUARDRAIL, MINOR STRUCTURES, SIGNS, GUARD- RAIL (CONCRETE) OC: 052389 LOS: 050489 DBE ALL AMERICAN CONTRACTORS MBE PO BOX 1099, AIRPORT PLAZA #1 BLACKFOOT, ID 83221 ALLEN L. KNIFFEN (208) 785-6001 DBE ALPINE ASPHALT & BUILDING, INC. MBE 10535 GRANT CREEK ROAD WBE MISSOULA, MONTANA 59802 SYLVIA FRAME (406) 721-6644 DBE AMERICAN FENCE COMPANY OF IDAHO WBE 3500 HIGHWAY 30 WEST POCATELLO, ID 83204 JOYCE STODDARD (208) 234-2258 DBE AMERIGO, INC. QBE 8549 NORTH PARKS ROAD POCATELLO, ID 83201 CHERI HALL (208) 232-6177 CRAADIRDMWBE 7/90W -3- BONDING: YES CLEARING, GRUBBING, SEWER, WATER BRIDGES, SIDEWALK, EXCAVATION, FENCING, FLAGGING, PILOT CAR, MINOR STRUCTURES, FLATWORK, AND ROOFING, TRAFFIC MARKINGS, CARPENTRY OC: 112686 LOS: 051889 BONDING: YES PAINTING, TRAFFIC MARKINGS, SIGNING, STRUCTURES OC: 02088 LOS: BONDING: YES INSTALL RESIDENTIAL, INDUSTRIAL, COMMERCIAL, HIGHWAY, FARM FENCING, ALL TYPES OF FENCING OC: 120186 LOS: 040788 BONDING: UNDETERMINED FLAGGING, TRAFFIC CONTROL, PILOT CAR, TRAFFIC MARKINGS, SIGNS, FENCING, TRAFFIC SIGNALS OC: 101686 LOS: 101786 HIGHWAY CONSTRUCTION "_*N. BE B & C CONSTRUCTION, INC. WBE 4950 VALENTY ROAD SUITE B CHUBBUCK, ID 83202 CINDY NESTER (208) 237-7093 DBE B. T. GALLEGOS CONSTRUCTION CO. MBE PO BOX 598 BRIGHAM CITY, UT 84302 BEN GALLEGOS (801) 723-5703 DBE BALLARD CONSTRUCTION COMPANY WBE 8220 SEVENTH AVENUE SOUTH SEATTLE, WA 98108 M. L. MUELLER (206) 764-1313 DBE BARRICADE SIGNS & SAFETY WBE NORTHWEST 218 SUNRISE DRIVE PULLMAN, WA 99163 KIM MOTLEY (509) 334-3906 DBE BENGE CONSTRUCTION COMPANY MBE 333 SOUTH STATE ST., SUITE V-194 LAKE OSWEGO, OR 97034 S. SCOTT BENGE (503) 222-4047 DBE BERNARD'S CONSTRUCTION WBE ROUTE 2, BOX 137 KAMIAH, ID 83536 GERALDINE BERNARD (208) 935-0007 DBE BIG Z TRUCKING MBE PO BOX 31371 BILLINGS, MT 59107 ROBERT ZIMMERMAN (406) 259-7779 DBE BUCKAROO TRUCKING PO BOX 1401 KETCHUM, ID 83340 CAROL DENT (208) 726-2205 CRAADIRDMWBE 7/90W -5- BONDING: YES HEAVY, CLEAR, GRUBB, SEWER, WATER, SIDEWALK, CONCRETE, PAVE- MENT, HIGHWAY, EXCAVATION, MINOR STRUCTURES, GRADIENT, DRAIN, DEMOLITION, CURB, AND GUTTER OC: 052389 LOS: 051889 BONDING: UNDETERMINED EXCAVATING, GUARDRAIL, MINOR STRUCTURES, BRIDGES, GRADIENT AND DRAIN OC: 092888 LOS: BONDING: YES BRIDGES, EXCAVATION, MINOR STRUCTURES, GUARDRAIL, CURB & GUTTER, FENCING, CARPENTRY, FLAT WORK, INTERIOR FINISH OC: 031588 LOS: 062989 BONDING: YES BARRICADES, CONSTRUCTION SIGNING, TRAFFIC CONTROL, PILOT CAR, TRAFFIC MARKINGS, FLAGGING OC: 041684 LOS: 031588 BONDING: YES GENERAL CONTRACTOR, CLEARING, GRUBBING, EXCAVATING, DEMOLI- TION, SEWER, GUARDRAIL, FENCE, PAVING, ASPHALT, CRUSHED AGGREGATE OC: 090286 LOS: 041389 BONDING: YES EXCAVATING, ROAD FOUNDATIONS FOR PIPE, TRUCKING, DRAINAGE OC: 102887 BUILDING, BUILD WATER TANKS, GRADING, LOS: 102087 BONDING: UNDETERMINED HAUL ASPHALT MATERIALS FROM REFINERIES, PETROLEUM & WATER FOR THE CONSTRUCTION & REPAIR OF HIGHWAYS OC: 040786 LOS: 041789 BONDING: UNDETERMINED HAULING SAND AND GRAVEL OC: 061990 LOS: 060190 /'r HIGHWAY CONSTRUCTION �� 3E FEDCO—FOUNDATION AND ELEVATOR WBE DRILLING COMPANY 2033 THIRD AVENUE NORTH LEWISTON, ID 83501 NANCY ADCOCK (208) 743-3631 DBE FORREST H. JACKSON, INC. MBE NORTH 5524 JULIA STREET SPOKANE, WA 99207 FORREST H. JACKSON (509) 483-0454 DBE FREITAS—LANCASTER, INC. MBE 4563 FIRST STREET IDAHO FALLS, ID 83401 FRANK FREITAS (208) 529-0698 /"BE G & T FLAGGING SERVICE sE PO BOX 1017 ELGIN, OR 97827 TRUDY KALMBACH (503) 437-3372 DBE GARNET GREEN TRUCKING WBE 4501 EAST AMITY MERIDIAN, ID 83642 GARNET GREEN (208) 362-3128 DBE GIB'S CONCRETE MBE PO BOX 124 LEWISVILLE, ID GILBERT DUENES (208) 754-9944 BONDING: YES DRILLING, FOUNDATION HOLES, ELEVATOR JACK HOLES, WATER WELLS OC: 051388 LOS: 050588 BONDING: YES GENERAL AND HEAVY CONSTRUCTION, CONCRETE, CURB, GUTTER, EARTH— WORK, EXCAVATING, GUARDRAIL, DRILLING, BLASTING OC: 102083 LOS: 091086 BONDING: YES GENERAL CONTRACTING, CLEARING AND GRUBBING, SEWER, WATER, BRIDGES, SIDEWALK, BUILDING, INTERIOR FINISHING, ELECTRICAL, MASONRY, PAINTING, PLUMBING, CARPENTRY, ROOFING, HVAC, ENGINEERING, SURVEYING, AND GEOTHERMAL OC: 032188 LOS: 030288 BONDING: UNDETERMINED EXCAVATING, GRADING, EARTHWORK, TRAFFIC SIGNALS, BRIDGES, ASPHALT, TRUCKING OWNER/ OPERATOR, TRAFFIC CONTROL, PILOT CAR, FLAGGING OC: 111986 LOS: BONDING: YES TRUCKING, OWNER OPERATOR OC: 062189 LOS: 053189 BONDING: YES CONCRETE, FLATWORK, FOUNDATIONS, 83431 BUILDING, SOME ROAD CONCRETE, CURB, GUTTER; SIDEWALKS OC: 012086 LOS: 041188 DBE GLOBAL CONSULTANTS/CONSTR., INC. MBE 2737 77TH AVENUE SE, SUITE 114 WBE MERCER ISLAND, WA 98040 THERESA OR HANK RONEY (206) 232-5590 CRAADIRDMWBE 7/90W —7— BONDING: UNDETERMINED HEAVY CONSTRUCTION, BRIDGES, HIGHWAY, MINOR STRUCTURES, CON— CRETE PLANT, INDUSTRIAL, GUARD— RAIL CONCRETE, INTERIOR FINISH, ARCHITECTURE, CONSULTANT (M/WBE REGULATIONS RELATING TO CONSTRUCTION) OC: 062188 LOS: 090288 HIGHWAY CONSTRUCTION SE JOHN'S ELECTRIC WBE PO BOX 679 LEWISTON, ID 83501 PATRICIA NANNINGA (208) 743-4511 DBE K R C CORPORATION MBE 1531 WOODLAND DRIVE WBE COEUR D'ALENE, ID 83814 KATHY CARDWELL (208) 772-7267 DBE L B CONTRACTING WBE 6212 WEST STATE STREET BOISE, ID 83703 LINDA BRENNAN (208) 343-8385 DBE LANGLEY TRAFFIC SERVICE WBE 2777 US ROUTE 1 TREVOSE, PA 19047 NANCY LANGLEY (215) 638-9770 ,",BE LILL CONSTRUCTION BE PO BOX 5305 WBE SPOKANE, WA 99205 LUCILLE LILL (509) 328-2218 DBE LIPPERT HEAVY EQUIPMENT MBE 8790 SUNNYSIDE CUTOFF ROAD WBE SANDPOINT, ID 83864 STEFFANI LIPPERT (208) 263-5520 DBE LOOK OUT TRAFFIC CONTROL, INC. WBE 1951 INCLINE WAY MERIDIAN, ID 83642 PATRICIA JUSTICE (208) 888-6213 DBE MARCON, INC. MBE PO BOX 1411 LEWISTON, ID MARC YATES (208) 746-4370 BONDING: YES ELECTRICAL CONTRACTOR, TRAFFIC SIGNALS OC: 032188 LOS: 030788 BONDING: YES TRAFFIC CONTROL, FLAGGING, CLEARING, HAULING, SITE PREPARA- TION, SIGNING, ILLUMINATION OC: 052187 LOS: 050687 BONDING: YES WATER TRUCKS, WATER PUMPS, DEWATERING, TRAFFIC CONTROL, FLAGGING, PILOT CAR, SIGNS, CLEARING, GRUBBING OC: 012086 LOS: 040589 BONDING: YES TRUCKING OWNER/OPERATOR OC: 092286 LOS: BONDING: YES BRIDGES, GUARDRAIL, MINOR STRUCTURES, CURB, GUTTER, CARPENTRY, INTERIOR FINISH OC: 032885 LOS: 102187 BONDING: UNDETERMINED EXCAVATING, EARTHWORK, DEMO- LITION, SEWER, SLASH DISPOSAL OC: 030687 LOS: 031687 BONDING: UNDETERMINED FLAGGING, TRAFFIC CONTROL OC: 122089 LOS: 121889 BONDING: YES DRILLING, BLASTING, EXCAVATING, 83501 CLEARING, GRUBBING, SEWER, WATER, TRAFFIC CONTROL, PILOT CAR, GUARDRAIL, MINOR STRUC- TURES, DEMOLITION, CURB, GUTTER OC: 031485 LOS: 022785 CRAADIRDMWBE 7/90W -9- 3E OMO CONSTRUCTION, INC. MBE PO BOX 31793 BILLINGS, MT 59107 RONALD OMO (406) 256-0199 n HIGHWAY CONSTRUCTION BONDING: YES PILOT CAR, TRAFFIC MARKINGS, GUARDRAIL, SIGNS, TRAFFIC CON- TROL, HEAVY HIGHWAY CONSTRUC- TION, FLAGGING OC: 092888 LOS: 011084 DBE ONE WAY SIGNS AND CONSTRUCTION, INC. BONDING: YES MBE PO BOX 31495 GUARDRAIL, SIGNING, TRAFFIC WBE BILLINGS, MT 59107 CONTROL ROSE M. LARSEN OC: 032489 LOS: 030584 (406) 245-5182 DBE P B LAMINATIONS, INC. MBE 2940 MARY AVENUE BRENTWOOD, MO 63144 PERVIS D. BROWN (314) 968-2569 DBE PACE CONSTRUCTION, INC. MBE PO BOX 6117 WBE BOZEMAN, MT 59715 PATTIE TOWNSEND (406) 587-3215 "' 3E PACIFIC NORTHWEST ALLIANCE, INC. dE 4408 EAST FREDERICK SPOKANE, WA 99207 MARI WEBB (509) 484-3309 DBE PALM TREE CONSTRUCTION WBE PO BOX 31553 BILLINGS, MT 59107 VICKI BENDER (406) 248-7961 DBE PANTROL, INC. MBE PO BOX 4387 SPOKANE, WA 99202 ROY GIVENS (509) 535-9061 DBE PAPE AND SONS CONSTRUCTION, INC. WBE 9512 STATE HIGHWAY 16 NORTHWEST GIG HARBOR, WA 98335 EUGENE K. PAPE (206) 851-6040 DBE PAULA CHEGWIDDEN TRUCKING WBE PO BOX 1 MOUNTAIN HOME, ID 83647 PAULA CHEGWIDDEN (208) 587-7242 CRAADIRDMWBE 7/90W -11- BONDING: YES TRAFFIC MARKINGS, MANUFACTURER OF AZTEC TEMPER ORANGE PAVEMENT MARKER TAPES OC: 042788 LOS: BONDING: YES SEWER, WATER, EXCAVATION, MINOR STRUCTURES, GRADIENT, DRAIN, AND DEMOLITION OC: 052989 LOS: 052786 BONDING: UNDETERMINED LANDSCAPE, IRRIGATION DESIGN, CONSULTATION OC: 032188 LOS: 031088 BONDING: YES SEWER LINER, STORM DRAINS, EXCAVATION OC: 021088 LOS: 011085 BONDING: UNDETERMINED CONTROL PANELS, PROCESS PANELS, INSTRUMENTATION, ELECTRICAL OC: 042684 LOS: 030988 BONDING: YES CLEARING AND GRUBBING, SEWER AND WATER, EXCAVATION, AND MINOR STRUCTURES OC: 112888 LOS: 040589 BONDING: UNDETERMINED TRUCKING AND HAULING OC: 112586 LOS: 031389 n HIGHWAY CONSTRUCTION n BE RAINIER STEEL, INC. BONDING: YES MBE 101 LUND ROAD SW PLACE REBAR AUBURN, WA 98001 OC: 031588 LOS: 080289 MAURICE OLNEY (206) 735-0003 DBE RAM, INC. BONDING: YES MBE PO BOX 4327 GENERAL CONTRACTOR, CURB, FEDERAL WAY, WA 98063 GUTTER, EARTHWORK, CLEARING, MAX ANSOLA, JR. GRUBBING, EXCAVATING, DEMOLI- (206) 838-8325 TION, SEWER OC: 041087 LOS: 011290 DBE REBAR WEST COMPANY WBE ROUTE 2, BOX 694 GRANGEVILLE, ID 83530-9637 SHEILA MERRITT (208) 983-1418 DBE RECORD STEEL AND CONSTRUCTION CO. MBE 2384 EAST VICTORY ROAD WBE MERIDIAN, ID 83642 SUSAN RECORD (208) 887-1401 DBE RIVERS POINT CONSTRUCTION WBE HC 76 BOX 1095 GARDEN VALLEY, ID 83622 SHAUNA FRY (208) 462-3219 DBE S. A. GONZALES CONSTRUCTION MBE PO BOX 430 NEWMAN LAKE, WA 99025 STEPHEN GONZALES (509) 226-9988 DBE S Y CONSTRUCTION WBE PO BOX 280 AMERICAN FORK, UT SUE MARIE YOUNG (801) 756-8383 BONDING: YES REINFORCING AND STRUCTURAL STEEL INSTALLATION OC: 122283 LOS: 030988 BONDING: YES GENERAL CONSTRUCTION, BRIDGES, EXCAVATION, MINOR STRUCTURES, STEEL FABRICATION, STRUCTURAL STEEL ERECTION, REBAR AND CONCRETE PLACING OC: 051688 LOS: 051388 BONDING: UNDETERMINED CLEAR, GRUB, SEWER, WATER, SIDE- WALK, CONCRETE, PAVEMENT AND GUARDRAIL, PILOT CAR, TRAFFIC CONTROL, GENERAL BUILDING CON- TRACTOR, EXCAVATION', SIGNS, FLAGGING, FENCING OC: 082189 LOS: 081589 BONDING: YES GENERAL CONTRACTOR, UNDERGROUND DRAINAGE, EXCAVATING, EARTHWORK, GRADING, CRUSHING OC: 122086 LOS: BONDING: YES GENERAL HIGHWAY CONSTRUCTION, 84003 MASONRY, CARPENTRY, AND FLATWORK, BRIDGES, GUARDRAIL, TRAFFIC CONTROL, CONCRETE OC: 061289 LOS: DBE SALT LAKE SEISMIC SERVICES ABE 2650 SOUTH 8550 WEST MAGNA, UT 84044 RUTH ANDERSON (801) 250-4088 CRAADIRDMWBE 7/90W -13- BONDING: YES SEISMIC MONITORING, DRILLING, BLASTING OC: 052187 LOS: /'1 HIGHWAY CONSTRUCTION `�E T. J. ODIAGA ENTERPRISES, INC. .BE 523 LOGAN BOISE, ID 83712 TOM ODIAGA (208) 336-8452 r� BONDING: UNDETERMINED CONCRETE, MASONRY, SEEDING,. LANDSCAPING, GUARDRAIL, METAL BEAMS, FENCING, REPAIR TILE, FLAGGING, SIGNS, ASPHALT PAVEMENT, MINOR STRUCTURES, CURB, AND GUTTER OC: 021986 LOS: 032186 DBE TRAFFIC PRODUCTS AND SERVICE CO. BONDING: UNDETERMINED WBE (DIVISION OF M. R. PRIEST) TRAFFIC CONTROL, SIGN MANUFAC- 515 HIGHLAND STREET TURING, AND INSTALLATION, FENC- BOISE, ID 83706 ING, MINOR STRUCTURES, KNIFE RENETTE GAUMER GRINDING (208) 345-8682 OC: 071388 LOS: 050588 -DBE THREE RIVERS CONSTRUCTION WBE PO BOX 258 ALPINE, WY 83128 ' DOROTHY REINHART (307) 654-7587 DBE TRIAD STEEL INC. OF OREGON MBE 537 NORTH 66TH STREET SPRINGFIELD, OR 97478 JAMES TALLEY (503) 726-9227 DBE UGAKI AND ASSOCIATES, INC. MBE PO BOX 1465 IDAHO FALLS, ID 83403-1465 JACK UGAKI (208) 523-3484 DHE U.S. METRO CORPORATION MBE PO BOX 1263 BOISE, ID 83701-1263 ANTONIO MARTINEZ (208) 384-5590 DBE VANESSA GROVE TRUCKING WBE 776 N MCDERMIT ROAD NAMPA, ID 83687 VANESSA GROVE (208) 887-1251 n CRAADIRDMWBE 7/90W -15- BONDING: YES GENERAL CONTRACTOR, BUILDING, STRUCTURAL, CONCRETE, PAVING CURB, GUTTER, SIDEWALKS, FLAGGING OC: 011383 LOS: 060188 BONDING: YES FURNISH AND INSTALL REINFORCING STEEL IN CONCRETE STRUCTURES, BRIDGES AND GUARDRAIL OC: 122587 LOS: 032789 BONDING: YES GENERAL CONTRACTOR, CONCRETE, CURB, GUTTER, EXCAVATING, DEMO- LITION, EARTHWORK, LANDSCAPING, GUARDRAIL, FENCING, ASPHALT, ROOFING INSULATION, FULL LINE MATERIAL HANDLING EQUIPMENT OC: 052187 LOS: 070689 BONDING: YES BUILDING AND SPECIALTY CONSTRUC- TION, CONCRETE, PAINTING, DEMO- LITION, BRIDGES, GUARDRAIL, FENCING OC: 123185 LOS: 012087 BONDING: YES TRUCKING, OWNER/OPERATOR OC: 070988 LOS: 021390 n BUILDING CONSTRUCTION �\ BE BOISE BRICK AND STONE DESIGN BONDING: UNDETERMINED MBE 1907 NORTH 11TH MASONRY, BRICK, BLOCK STONE BOISE, ID 83702 CARPENTRY, TILE, FLATWORK, RICHARD RODRIGUEZ STUCCO (208) 344-0633 OC: 061990 LOS: 060690 DBE BOISE SIGN COMPANY BONDING: UNDETERMINED WBE 1609 NORTH 12TH SIGN PAINTING, INTERIOR BOISE, ID 83702 FINISHING, TRAFFIC MARKINGS JUDY STEVENS (208) 384-9221 OC: 102689 LOS: 101789 DHE C & K ELECTRIC COMPANY BONDING: YES MBE 3889 HORSESHOE CIRCLE COMMERCIAL AND RESIDENTIAL POCATELLO, ID 83201 WIRING KEN BURTON OC: 082685 LOS: (208) 232-2919 (208) 237-2538 DBE COLORS PAINTING BONDING: UNDETERMINED MSE 120 EAST MALLARD INTERIOR, EXTERIOR PAINTING, BOISE, ID 83706 DRY WALL ARNELL JONES OC: 102689 LOS: 101789 (208) 336-1809 /QBE D & W CONTRACTORS BONDING: YES 8E EAST 6017 -37TH PAINTING, CEMENT, DRYWALL SPOKANE, WA 99223 OC: 122888 LOS: 022688 DONNA SHERFEY (509) 448-8655 DBE ENTERPRISE ELECTRIC, INC. BONDING: UNDETERMINED WBE 1316 JACKSON STREET, BOX 5431 ELECTRICAL CONSTRUCTION, RESI- BOISE, ID 83705 DENTIAL AND COMMERCIAL EILEEN A. KEITH OC: 013189 LOS: 012589 (208) 344-0441 DBE GEM ENTERPRISES BONDING: YES WBE #40 WAHA GLEN GENERAL BUILDING CONSTRUCTION, LEWISTON, ID 83501 CARPENTRY, ROOFING, INTERIOR ` EDITH WELLS FINISHING (208) 743-6097 OC: 122287 LOS: 021386 ' DBE INTERSTATE ROOFING & SHEETMETAL, INC BONDING: UNDETERMINED WBE 6055 NORTH GOVERNMENT WAY #9 ROOFING AND SHEETMETAL WORK COEUR D'ALENE, ID 83814 OC: 032489 LOS: 113088 JUDY H. WHATLEY (208) 772-5538 DBE J & S MASONRY, INC. �iBE - PO BOX 497 / `gE NORTH BEND, WA 98045 SHAYNE AND JO -ANNE JACKSON (206) 888-0200 CRAADIRDMWBE 7/90W -17- BONDING: UNDETERMINED MASONRY CONTRACTOR OC: 122888 LOS: 092688 SUPPLIER BE C PORT PRE -MIX BONDING: UNDETERMINED WBE PO BOX 1807 SUPPLIER: CONCRETE, SAND AND LEWISTON, ID 83501 GRAVEL, CONCRETE PLANT JOAN COURVILLE OC: 112487 LOS: 111787 (208) 746-9556 DBE CAMX SCIENTIFIC CORPORATION BONDING: UNDETERMINED MBE 1237 EAST MAIN STREET WHOLESALE DISTRIBUTORS OF ROCHESTER, NY 14603 SCIENTIFIC LABORATORY SUPPLIES, ANDREW S. EDWARDS EQUIPMENT, AND CHEMICALS (716) 482-1300 OC: 013189 LOS: DBE IDAHO BAG AND METAL BONDING: UNDETERMINED WBE 140 WEST COMMERCIAL BURLAP AND PLASTIC BAGS, WEISER, ID 83672 RECONDITIONING BAGS MITSU OGAMI OC: 112487 LOS: 120881 (208) 549-1610 . DBE LACUNA INTERIORS BONDING: YES WBE 830 CENTER AVENUE COURTROOM BENCHES AND AUDITORIUM PAYETTE, ID 83661 SEATING; DISTRIBUTOR OF SCHOOL KRISTINE BEAN FURNITURE; FURNISH AND INSTALL (208) 642-4429 COURTROOM SPECTATOR SEATING, JURY SEATING OC: 032687 LOS: 021390 BE LASCO SAFETY PRODUCTS, INC. BONDING: UNDETERMINED WBE 1915 LEWIS LANE SUPPLIER SAFETY PRODUCTS HIGHLAND PARK, IL 60035 OC: 061990 LOS: ALISON WELLS (708) 831-0267 DBE MIDWEST SHOP SUPPLIES, INC. BONDING: YES WBE PO BOX 3717 CATALOG MAIL ORDER SIOUX CITY, IA 51102 SPECIALIZING IN INDUSTRIAL SHOP SUSAN EVELETH SUPPLIES 1-800-831-5904 OC: 092589 LOS: DBE NEWPORT CONCRETE BONDING: YES WBE PO BOX 708 SUPPLIERS: REDI-MIX CONCRETE, NEWPORT, WA 99156 SAND & GRAVEL MARY ANN JONES OC: 071186 LOS: 102886 (208) 437-5671 DBE TERRA ENTERPRISE, INC. BONDING: UNDETERMINED WBE PO BOX 9485 DISTRIBUTOR OF WIRE STAKES, MOSCOW, ID 83843 PLASTIC SHEETS, SLIT FENCES, CONNIE DRIVER TREE SHADES,- GROUND MULCH, CUL - (208) 882-9489 VERT, GEOTEXTILE, EROSION, SEDI- MENT CONTROL PRODUCTS, MANUFAC- TURE EROSION CONTROL BLANKETS OC: 112888 LOS: 093088 CRAADIRDMWBE 7/90W -19- SUPPLIER SUPPLIER (BROKER) DBE P A K PETROLEUM BONDING: UNDETERMINED WBE 4045 NORTHWEST 64TH STREET ASPHALT, PETROLEUM SALES SUITE 180 OK OC: 021188 LOS: DBE MBE LAHOMA CITY, OK 73116 PATSY KING (405) 843-7851 T A K PETROLEUM BONDING: UNDETERMINED E 59 QUEENS AVENUE, SUITE 104 BROKER, PAVING GRADE ASPHALT SPOKANE, WA 99207 SEAL COAT MATERIAL, DIESEL GEORGE KUROIWA FUEL AND GASOLINE (509) 483-1005 OC: 070185 LOS: 072385 ******************** CRAADIRDMWBE 7/90W -21- 101 SERVICES /� BE ECHECO ENVIRONMENTAL WBE 920 NORTH BRIDGE BLACKFOOT, ID 83221 FRANK ECHEVARRIA (208) 785-6852 DBE FOUR SEASONS TRAVEL WBE 300 NORTH 6TH STREET BOISE, ID 83702 KAY DILLON (208) 342-6836 DBE GEORGEANN'S TRAVEL SERVICE, INC. WBE PO BOX 1345 IDAHO FALLS, ID 83403 GEORGEANN MERRILL (208) 523-8101 DBE LARSON AND ASSOCIATES WBE PO BOX 1101 POCATELLO, ID 83204 VIRGINIA LARSON (208) 232-2034 DBE MARKHAM PAINTING ,*'18E 5026 CREE WAY BOISE, ID 83709 SHARON MARKHAM (208) 362-5453 DBE MARY ANN'S KITCHEN PLANNING WBE 10 NORTH LATAH BOISE, ID 83706 MARY ANN FOLTZ (208) 345-8676 DBE MASAKOS SEWING MBE 3324 PEPPERWOOD WBE BOISE, ID 83704 MASAKO MARTIN (208) 376-8642 DBE MICROCLEAN MBE 2923 ERIN AVENUE NAMPA, ID 83686 EDGUARDO A. RODRIGUEZ (208) 466-0441 CRAADIRDMWBE 7/90W -23- BONDING: YES ASBESTOS REMOVAL OC: 030190 LOS: 020990 BONDING: YES TRAVEL AGENCY OC: 052087 LOS: BONDING: UNDETERMINED TRAVEL AGENCY OC: 032489 LOS: 030989 BONDING: UNDETERMINED INDUSTRIAL FILTRATION, ENVIRONMENTAL SERVICES OC: 092589 LOS: 071389 BONDING: YES PAINTING, WALLCOVERING, STAIN, FINISH WOODWORK OC: 062189 LOS: 060189 BONDING: UNDETERMINED INTERIOR FINISHIN9, DESIGN AND SELL CABINETRY, CONSULTANTS OC: 011387 LOS: 072888 BONDING: YES SEWING AND UPHOLSTERY OC: 080388 LOS: 072888 BONDING: YES JANITORIAL CONTRACTOR OC: 072988 LOS: 072788 SERVICES i"1 BE TIME TO TRAVEL VIBE 4055 GOVERNMENT WAY #10 COEUR D'ALENE, ID 83814 MARGARET POUNDER (208) 765-6545 DBE TRAVEL CENTRE WBE 574 MAIN STREET BOISE, ID 83702 MARLA KOBER BEEBE (208) 336-1212 DBE TREASURE VALLEY SALES AND SERVICE MBE PO BOX 1859 WBE BOISE, ID 83701 MAVIS FELICIEN ` (208) 286-7007 DBE UNIGLOBE CAPITOL TRAVEL, INC. WBE 3076 NORTH LAKEHARBOR LANE BOISE, ID 83703 JANE GABBERT/KAY DOYLE (208) 344-4174 DBE WATSON AGENCY /�E 745 NORTH FOURTH STREET COEUR D'ALENE, ID 83814 ROCKY WATSON (208) 664-9500 BONDING: YES TRAVEL AGENCY OC: 032489 BONDING: YES TRAVEL AGENCY OC: 122988 LOS: 021589 LOS: 092288 BONDING: UNDETERMINED HOUSE REPAIR AND CLEANING, CARPENTRY, PAINTING, INSULATION OC: 071189 LOS: 071189 BONDING: YES TRAVEL AGENCY OC: 071388 LOC: 071388 BONDING: YES SECURITY AND FLAG PERSONNEL OC: 122287 LOS: 120187 ******************** CRAADIRDMWBE 7/90W -25- n CONSULTANTS /"1 BE J G LEVITT PROFESSIONAL DEVELOPMENT BONDING: UNDETERMINED WBE 1159 PALACE LANE PROFESSIONAL DEVELOPMENT, BOISE, ID 83704 TRAINER, ON-SITE TRAINING JULIE LEVITT OC: 062290 LOS: 060590 (208) 375-3304 DBE KINGSLEY AND ASSOCIATES BONDING: UNDETERMINED MBE 124 BROADWAY CONTRACT COMPLIANCE, CONSULTING WBE BOISE, ID 83702 AND MANAGEMENT JON OLIVER OC: 060989 LOS: 031389 (208) 342-1360 DBE L K C CONSULTING SERVICES WBE 5002 MORNINGSIDE, #204 HOUSTON, TX 77005 LINDA CHERRINGTON (715) 522-2554 DBE LEMLEY AND ASSOCIATES WBE 1508 NORTH 13TH BOISE, ID 83702 PAMELA K. LEMLEY (208) 345-5226 /QBE LIN AND ASSOCIATES, INC. BE 1111 THIRD AVENUE, SUITE 400 SEATTLE, WA 98101 MARCUS LIN (206) 621-1218 DBE MARJORIE HANLEY & ASSOCIATES WBE 12986 MAPLE LEAF COURT NORTHEAST AURORA, OR 97002 MARJORIE HANLEY MACQUEEN (503) 678-2667 DBE NORTHWEST ARCHAEOLOGICAL WBE ASSOCIATES, INC. PO BOX 27524 SEATTLE, WA 98225 SARAH CAMPBELL (206) 361-0309 BONDING: UNDETERMINED TRANSPORTATION PLANNING, TRANSIT SERVICE IMPLEMENTATION, OPERATIONS MANAGEMENT, FACILITY DESIGN, CONSTRUCTION MANAGEMENT OC: 122089 LOS: BONDING: UNDETERMINED MANAGEMENT CONSULTING, CONSTRUC- TION MANAGEMENT OC: 112888 LOS: 112288 BONDING: UNDETERMINED CONSULTING ENGINEERS AND PLANNERS OC: 051388 LOS: 061589 BONDING: UNDETERMINED AVIATION CONSULTING OC: 042684 LOS: 071789 BONDING: UNDETERMINED ARCHAEOLOGICAL CONSULTING RESOURCE MANAGEMENT PLANNING, SURVEY, EXCAVATION OC: 071388 LOS: DBE PERFORMANCE IMPROVEMENT ASSOCIATES BONDING: UNDETERMINED WBE 1120 EAST JEFFERSON, SUITE 100 PERFORMANCE/MANAGEMENT CONSULT - BOISE, ID 83712 ING, SAFETY TRAINING WORKSHOP, ADRIANNE SAUCERMAN SEMINARS (208) 345-7096 OC: 110889 LOS: 110189 CRAADIRDMWBE 7/90W -27- a CONSULTANTS BE WHITE SHIELD INC. MBE PO BOX 477 WBE GRANDVIEW, WA 98930 STUART FRICKE (509) 882-1144 CRAADIRDMWBE 7/90W -29- BONDING: UNDETERMINED ENGINEERING CONSULTING, ARCHI- TECTURAL, PLANNING SURVEYORS OC: 101488 LOS: /0 -*N