2010 ADA Standards and Ticketing Webinar Series
2010 ADA Standards and Ticketing Webinar Series
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by dialing 712-432-3100 code 930098 # (This is nota Toll Free number)
The content and materials of this training are property of the Great Lakes ADA Center and The John F. Kennedy Center for the Performing Arts and cannot be used and/or distributed without permission. This program is funded under award H133A110029 from the U.S. Department of Education through the auspices of the National Institute on Disability and Rehabilitation Research (NIDRR) For permission to use training content or obtain copies of materials used as part of this program please contact us by email at [email protected] or toll free (877)232-1990 (V/TTY)
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WEBINAR SERIES – PART ONE OF FIVE
OVERVIEW OF THE
2010 REVISED ADA REGULATIONS
WEDNESDAY, OCTOBER 12, 2011 2:00 to 3:00 p.m. EST
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What cultural arts administrator should know
Where to find the 2010 Revised ADA Regulations
State and Local Governments
Title II - General Requirements, 28 CFR 35.138
www.ada.gov/regs2010/titleII_2010/titleII_2010_withbold.htm
Places of Public Accommodation
Title III - Reasonable Modifications, 28 CFR 36.302(f)
www.ada.gov/regs2010/titleIII_2010/titleIII_2010_withbold.htm
September 15, 2010 – Published March 15, 2011 - Effective (enforceable)
ADA Standards for Design
Where to get more information
U.S. Department of Justice, Civil Rights Division, Disability Rights Section
www.ada.gov 800-514-0301 (voice)
Recently Published –New DOJ Guidance -www.ada.gov/ticketing_2010.htm
U.S. Access Board www.access-board.gov [email protected] 800-872-2253 (Voice) 800-993-2822 (TTY) 5 5 ADA Centers
Disability Business and Technical Assistance Centers (DBTAC) www.adata.org
800-949-4232 (Voice/TTY)
6 Significant Changes Cultural Administrators Should Know
Policies, Procedures, and Practices
1.
Service animals
2
Mobility devices
2.
Mobility devices
3.
Ticketing
Physical Access and Barrier Removal
4.
2010 Standards for
Accessible Design
6 6Accessible Design
5.
Safe Harbor
6.
Reduction of Elements
NEA Tip Sheet:
Definitions changed for:
Service Animals:
Any
dog*
trained to do work
or perform a task
*Limited Exception: Miniature Horse
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www.ada.gov/service_animals_2010.htm
Title II: §35.136 service animal ● Title III: § 36.302 (c) service animals
Definitions changed for:
Mobility Devices – include
:
Wheelchairs
Example – Manual, power, scootersp , p ,
Other power-driving mobility devices
What You Should Do?
Train your staff.
Service Dogs:
•
M k i•
May ask two questions:1) Is the animal required because of a disability?
2) What work or task has the animal been trained to perform?
* No other inquiries about an individual's disability or the dog are permitted.
Mobility Devices:
•
May ask for credible assurance.9
May ask for credible assurance. The following may count as assurance
- State disability parking placard or other government issued proof of disability
Verbal assurance that is not contradicted by your observation * It is not permissible to ask individuals about their disabilities
What You Should Do?
Are there circumstances where a patron or visitor may
be asked to remove a service dog?
Yes, when:
The dog is out of control and the handler does not take effective action to control it.
The dog is not housebroken.
HOWEVER– The patron or visitor must still be allowed to obtain goods or services.
If the mobility device seems inappropriate can it be
l d d?
10
excluded?
Yes, if:
It can demonstrated that the use of the device poses a legitimate safety issue based on actual risks, not on speculation or stereotypes.8 Sections of Ticketing Regulations
1.
Ticket Sales
2
Identification of seating
2.
Identification of seating
3.
Ticket prices
4.
Purchasing multiple tickets
5.
Hold and release of tickets
6
Ticket transfer
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6.
Ticket transfer
7.
Secondary ticket market
8.
Prevention of fraud
Title II: §35.138 ticketing regulations Title III: §36.302 (f) ticketing regulations
Just a taste …..
A few examples of the issues that the
ticketing regulations change or address
1.
Selling accessible seats online
2.
Pricing of accessible seats in all price
types
3.
The number of companion seats
4.
Holding accessible seating until venue is
sold out
What You Should Do?
Register for the next
Register for the next
4 webinar presentations
in this series!
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We will cover ticketing in detail!
2010 Design Standards
Between September 15, 2010, and March 15, 2012:
•
Title II - may choose between:
•
1991 ADA Standards
1991 ADA Standards
•
Uniform Federal Accessibility Standards
•
2010 Standards
•
Title III - may choose between:
•
1991 ADA Standards
•
2010 Standards
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On and after March 15, 2012:
•
2010 Standards apply to all new construction, renovations,
modifications, alternations, and barrier removal.
A few significant changes in the 2010 Design Standards
Number of Wheelchair Spaces in Assembly AreasCapacity
of
Seating
(i.e.
#
of
Seats)
Minimum
#
of
Required
Wheelchair
Spaces
4
to
25
1
26
to
50
2
51
to
150
4
151
to
300
5
301 to 500
6
15301
to
500
6
501
to
5000
6,
plus
1
for
each
150,
or
fraction
thereof,
between
501
through
5000
5001
and
over
36,
plus
1
for
each
200,
or
fraction
thereof,
over
5000
A few significant changes in the 2010 Design Standards
Size of Wheelchair LocationsA few significant changes in the 2010 Design Standards
Assistive Listening Receivers•
Required where audible communication is integral to the use of the space•
Not required if audio amplification is not provided•
25% of the receivers must be hearing aid compatible g p•
usable with an induction neck loop•
must have a 1/8 inch (3.5 mm) standard monojack # of Receivers Required Based on Seating Capacity Capacity ofSeating in Assembly Area
Minimum Number of Required Receivers
Minimum Number of Required Receivers Required to be Hearing
aid Compatible
50 or less 2 2
51 to 200 2 pl s 1 per 25 seats o er 50 seats ¹ 2
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● Sections 219 and 706 of the 2010 Standards 51 to 200 2, plus 1 per 25 seats over 50 seats ¹ 2
201 to 500 2, plus 1 per 25 seats over 50 seats ¹ 1 per 4 receivers ¹
501 to 1000 20, plus 1 per 33 seats over 500 seats ¹ 1 per 4 receivers ¹
1001 to 2000 35, plus 1 per 50 seats over 1000 seats ¹ 1 per 4 receivers ¹
2001 and over 55 plus 1 per 100 seats over 2000 seats ¹ 1 per 4 receivers ¹
1. Or fraction thereof.
Safe Harbor
Element-by-element “safe harbor”
●
Elements currently in compliance with the 1991 ADA
St
d d
t f
li
bli
ti
t
Standards are exempt from compliance or obligation to
retrofit to the 2010 Standards
●
Until
the facility engages in a renovation, modification, alteration,
or barrier removal.
●
No safe harbor If –
●
an element never complied with the 1991 Standards
●
elements were not covered in the 1991 Standards
●ex: swimming pools amusement rides play areas and recreational
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●ex: swimming pools, amusement rides, play areas, and recreational boating facilities
Title II: §35.150(b)(2)(i) Title III: § 36.304 (d)(2)(i)
Examples of Safe Harbor
Example 1:1991 Standards - light switches could be installed between 48 and 54 inches above the floor.
2010 Standards - light switches may not be installed any higher than 48 inches above the floor.
Your light switches are all installed at 54 inches. Must you lower all your light switches? Yes
No Example 2:
1991 Standards - for every eight accessible parking spaces there must be one van accessible space.
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2010 Standards - for every six accessible parking spaces there must be one van accessible space.
Your parking lot has 16 accessible parking spaces and 1 van accessible spaces. Must you go in and restripe your parking lot to add more van accessible spaces.
Yes No
Reduction of Accessible Elements
Exception to the general rule:
●
May reduce accessible elements in a facility from the number
required in the 1991 ADA Standards to those in the 2010 Standards
●Limited to physical elementsResources
U.S. Department of Justice (DOJ)
www.ada.gov
●Revised Regulations: www.ada.gov/regs2010/ADAregs2010.htm ●2010 ADA Standards: www.ada.gov/2010ADAstandards_index.htm
●Service Animals:www ada gov/service animals 2010 htm
●Service Animals: www.ada.gov/service_animals_2010.htm
●Ticketing: www.ada.gov/ticketing_2010.htm
●Tech. Assistance: (800) 514-0301 (voice) or (800) 514-0383 (TTY)
U.S. Access Board
www.access-board.gov
●2010 Standards, Guidelines and Other ADA Standards: www.access-board.gov/ada/index.htm
Guide to which standard to follow:www access board gov/ada/using
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●Guide to which standard to follow: www.access-board.gov/ada/using-standards.htm
●Tech. Assistance: (800) 872-2253 (voice), (800) 993-2822 (TTY)
ADA National Network
www.adata.org
●Tech. Assistance: (800) 949-4232 (Voice/TTY)
Betty Siegel
Director of VSA and Accessibility
Director of VSA and Accessibility
The John F. Kennedy Center for
the Performing Arts
Washington, D.C. 20566
(202) 416-8727 (voice)
(202) 416-8728 (TTY)
[email protected]
DisclaimerInformation contained in this presentation is for general guidance The information in this
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for general guidance. The information in this presentation is not intended to be legal advice
nor a rendering of legal advice, opinion or services. Recipients should consult with their
