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2010 ADA Standards. DC Metro BLN Wednesday July 11, 2012. Structural Engineering Civil Engineering Parking Deck Solutions ADA Compliance. Britt Peters and Associates. Disability-Owned Group Sister Company of Britt Peters. Britt Peters Locations Headquarters: Greenville, SC
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2010 ADA Standards DC Metro BLN Wednesday July 11, 2012
Structural Engineering Civil Engineering Parking Deck Solutions ADA Compliance Britt Peters and Associates Disability-Owned Group Sister Company of Britt Peters Britt Peters Locations Headquarters: Greenville, SC Charleston, SC Norfolk, VA
2010 ADA Standards • Published in the Federal Register on September 15, 2010 • Effective for New Construction & Alterations as of March 15, 2012 • Requirements for both Title II & Title III • Updates from 1991 Standards • 1991 Standards = 97 Pages • 2010 Standards = 256 Pages
Title II – Public Entities • Who is covered? • Title II of the ADA covers programs, activities, and services of public entities Ex. State legislatures and courts, municipal facilities, public education facilities, etc. • Compliance Requirements • Must be altered to the “maximum extent feasible” • Structural Impracticability Exemption • 20% Rule • No provision related to Readily Achievable Physical Barriers • Transition Plan required
Title III – Private Entities • Who is covered? • Title III covers private entities that own, operate, or lease to places of public accommodation . Ex. Restaurants, hotels, theaters, retail stores, museums, libraries, parks, zoos, amusement parks, private physician offices, private education facilities, etc. • Compliance Requirement • Readily Achievable Physical barriers • Elevation Exemption • 20% Rule • Transition Plan not specifically required
Transition Plan • Identification of physical obstacles limiting accessibility • Describe methods to be used to achieve compliance • Development of a schedule to achieve compliance • Identify official responsible – “ADA Coordinator”
Risk / Liability • Civil Penalties: $55K for 1st violation $110K for subsequent violations • No “Inspectors” • Emphasis should be placed on High Risk areas • 3rd Party Inspections • Chapman v. Pier 1 Imports • Barrier can interfere will full and equal enjoyment even if barrier does not completely prevent access.
Resources http://www.ada.gov/ 1-800-514-0301 www.brittpeters.com