Harmony
description
Transcript of Harmony
Origin of the Species (Sorry, Charles)
• Derived from the 2004 ADAAG.
• Intent-‐ to HARMONIZE federal and state requirements
• For states that have adopted the ‘03 or ‘06 IBC , incl. ANSI A117.1-‐2003 Accessibility Standards, then most of federal requirements already being met
To Whom Does It Apply • For new construcWon or
alteraWons beginning on or aXer 3/15/12 , a covered public or private enWty must comply with the 2010 Standards.
The Three Phases of Life
• Buildings constructed prior to 9/14/10 • Buildings constructed 9/15/10 -‐ 3/14/12 • Buildings constructed aXer 3/15/12
But What about Title II and Title III? Where Does This Fit In?
Title II vs. Title III
Title II (Yes, that’s you) • State and local government
faciliWes-‐ 28 CFR 35.151 • 28 CFR 35.105 -‐ programing • ExcepWon-‐ TransportaWon
faciliWes • Applies to universiWes,
colleges, schools, state and local government faciliWes
• State and local government must follow 2010 standards
Title III (may also include you) • Public accommodaWons and
Commercial faciliWes-‐ 28 CFR part 36, subpart D
• Applies to all aspects of commerce, private industry
• Note: Federal government isn’t defined as a public enWty-‐ covered by secWons 501 & 504 of RehabilitaWon Act of 1973
Title II vs. Title III-‐ Examples • A privately owned
restaurant on state land must meet Title III, while the land itself must meet Title II
• The land owner must ensure contractually that the operaWon of the restaurant doesn’t impinge on its ability to meet Title II requirements
• A city owns an office building with commercial faciliWes such as a restaurant and a book shop on the first floor.
• The city’s faciliWes are located above the first floor, where it must meet Title II requirements
• The commercial enWWes must meet Title III requirements
Is there a ‘Grandfather’ clause? • ‘10 regulaWons provide a
“safe harbor” for building elements that comply with ‘91 standards, unless being altered/renovated
• Of course if there were no standards in ‘91 for a building type then there is no exempWon, e.g. play areas, swimming pools, dwelling units of residenWal faciliWes
Program Accessibility
• As of 3/15/12 program accessibility will be measured with reference to ‘new’ standards
• Title III requires barrier removal to the extent it’s “readily achievable”
• Title II requires that programs be accessible in their enWrety-‐ unless it creates an “undue burden” or “fundamental alteraWon”
• Now, let’s look at some highlights…