The Session is Scheduled to begin at 2:00pm Eastern Time We will be testing sound quality periodically

Transcription

1 2010 ADA Standards and Ticketing Webinar Series The Session is Scheduled to begin at 2:00pm Eastern Time We will be testing sound quality periodically Audio and Visual are provided through the on-line webinar system. This session is closed captioned. Individuals may also listen via telephone by dialing code # (This is not a 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 H133A 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 at adata@adagreatlakes.org or toll free (877) (V/TTY) 1 Webinar Features Closed captioning click CC icon (top of screen) or control-f8 and adjust the captioning screen as needed Customize your view choose View from the menu bar at the top of the screen and choose the layout you prefer from the dropdown menu. Questions - type and submit questions in the Chat Area Text box or press control-m and enter text in the Chat Area Emotions/Hand-raising: Please do not use these features during this session 2 1

2 WEBINAR SERIES PART ONE OF FIVE OVERVIEW OF THE 2010 REVISED ADA REGULATIONS WEDNESDAY, OCTOBER 12, :00 to 3:00 p.m. EST What cultural arts administrator should know 3 Where to find the 2010 Revised ADA Regulations State and Local Governments Title II - General Requirements, 28 CFR Places of Public Accommodation Title III - Reasonable Modifications, 28 CFR (f) September 15, 2010 Published March 15, Effective (enforceable) ADA Standards for Design March 15, standards are effective (enforceable) 4 4 2

3 Where to get more information U.S. Department of Justice, Civil Rights Division, Disability Rights Section (voice) Recently Published New DOJ Guidance - U.S. Access Board info@access-board.gov (Voice) (TTY) ADA Centers Disability Business and Technical Assistance Centers (DBTAC) (Voice/TTY) Significant Changes Cultural Administrators Should Know Policies, Procedures, and Practices 1. Service animals 2. Mobility devices 3. Ticketing Physical Access and Barrier Removal Standards for Accessible Design 5. Safe Harbor 6. Reduction of Elements NEA Tip Sheet:

4 Definitions changed for: Service Animals: Any dog* trained to do work or perform a task *Limited Exception: Miniature Horse Title II: service animal Title III: (c) service animals 7 7 Definitions changed for: Mobility Devices include: Wheelchairs Example Manual,,p power, scooters Other power-driving mobility devices Example golf carts, Segway, etc. 8 4

5 What You Should Do? Train your staff. Service Dogs: 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. 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 9 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 excluded? d? 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. 10 5

6 8 Sections of Ticketing Regulations 1. Ticket Sales 2. Identification of seating 3. Ticket prices 4. Purchasing multiple tickets 5. Hold and release of tickets 6. Ticket transfer 7. Secondary ticket market 8. Prevention of fraud Title II: ticketing regulations Title III: (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 12 6

7 What You Should Do? Register for the next 4 webinar presentations in this series! We will cover ticketing in detail! Design Standards Between September 15, 2010, and March 15, 2012: Title II - may choose between: 1991 ADA Standards Uniform Federal Accessibility Standards 2010 Standards Title III - may choose between: 1991 ADA Standards 2010 Standards On and after March 15, 2012: 2010 Standards apply to all new construction, renovations, modifications, alternations, and barrier removal

8 A few significant changes in the 2010 Design Standards Number of Wheelchair Spaces in Assembly Areas Capacity of Seating (i.e. # of Seats) 4 to to to to to Minimum # of Required Wheelchair Spaces 501 to , plus 1 for each 150, or fraction thereof, between 501 through and over 36, plus 1 for each 200, or fraction thereof, over A few significant changes in the 2010 Design Standards Size of Wheelchair Locations Number of Removable Armrest 16 8

9 A 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 usable with an induction neck loop must have a 1/8 inch (3.5 mm) standard monojack Capacity of Seating in Assembly Area # of Receivers Required Based on Seating Capacity Minimum Number of Required Receivers Minimum Number of Required Receivers Required to be Hearing aid Compatible 50 or less to 200 2, plus 1 per 25 seats over 50 seats ¹ to 500 2, plus 1 per 25 seats over 50 seats ¹ 1 per 4 receivers ¹ 501 to , plus 1 per 33 seats over 500 seats ¹ 1 per 4 receivers ¹ 1001 to , 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. Sections 219 and 706 of the 2010 Standards Safe Harbor Element-by-element safe harbor Elements currently in compliance with the 1991 ADA Standards d 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 boating facilities Title II: (b)(2)(i) Title III: (d)(2)(i)

10 Examples of Safe Harbor Example 1: 1991 Standards - light switches could be installed between 48 and 54 inches above the floor 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 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 elements Title II: (c) Title III: (c)

11 Resources U.S. Department of Justice (DOJ) Revised Regulations: ADA Standards: Service Animals: animals Ticketing: Tech. Assistance: (800) (voice) or (800) (TTY) U.S. Access Board Standards, Guidelines and Other ADA Standards: Guide to which standard to follow: Tech. Assistance: (800) (voice), (800) (TTY) ADA National Network Tech. Assistance: (800) (Voice/TTY) Betty Siegel Director of VSA and Accessibility The John F. Kennedy Center for the Performing Arts Washington, D.C (202) (voice) (202) (TTY) Disclaimer Information contained in this presentation is 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 own professional legal advisor

12 Join Us For The Next Scheduled Session: Focus on Ticketing (Part 1): What is Accessible Seating, How Should Accessible Seats be Sold and Who Can Buy Them? Otb October 19, :00pm EST (V/TTY) 12