Americans with Disabilities Act Compliance Inspections Prepared for: Washington State Transit Insurance Pool December 8, 2010 Michael Miller Certified Accessibility Inspector/Plan Examiner

Standards Used – ADA Accessibility Guidelines (AADAG) 2002 – ICC/ANSI A – Washington State Building Codes 2006, 2009 – 49 CFR Part 37, Transportation for Individuals With Disabilities; Adoption of New Accessibility Standards (2006)

ADA Applicability Title II State and local governments give people with disabilities an equal opportunity to benefit from all of their programs, services, and activities (e.g. public education, employment, transportation, recreation, health care, social services, courts, voting, and town meetings). State and local governments are required to follow specific architectural standards in the new construction and alteration of their buildings. They also must relocate programs or otherwise provide access in inaccessible older buildings, and communicate effectively with people who have hearing, vision, or speech disabilities. Public entities are not required to take actions that would result in undue financial and administrative burdens. They are required to make reasonable modifications to policies, practices, and procedures where necessary to avoid discrimination, unless they can demonstrate that doing so would fundamentally alter the nature of the service, program, or activity being provided.

Title II Title III prohibits discrimination based on disability in public accommodations. Private entities covered by Title III include places of lodging, establishments serving food and drink, places of exhibition or entertainment, places of public gathering, sales or rental establishments, service establishments, stations used for specified public transportation, places of public display or collection, places of recreation, places of education, social service center establishments, and places of exercise or recreation. Title III also covers commercial facilities (such as warehouses, factories, and office buildings), private transportation services, and licensing and testing practices.

FTA/FRA Jurisdiction Public transit agencies are subject to FTA jurisdiction on matters relating to the ADA. Even if transit agencies which do not receive federal funding and/or triennial reviews, they are still subject to FTA regulations and are subject to ADA compliance reviews. This is especially true if a formal ADA complaint is filed with the USDOJ, USDOT or FTA. Agencies which operate commuter rail are subject to FRA jurisdiction on matters relating to the ADA.

Constructed Circa 1990, Pre-ADA

Examples of Exceptions X Do all walkways have a continuous surface with no changes in level greater than ½ inch? Where changes in walkway materials occur, is the vertical difference between materials less than ¼ inch?

Skagit Station Mt. Vernon, WA Constructed: 2003 Expanded: 2010

Examples of Exceptions Is at least one accessible urinal provided in each accessible men's toilet room? Is there a clear floor space of 30 x 48 Inches, adjoining or overlapping an accessible route, in front of each accessible urinal? Is a 24-inch long vertical grab bar with its centerline 36 inches above the finished floor located next to at least one standard height urinal?

Are all soap dispensers, paper towel dispensers, sanitary napkin dispensers, hand dryers, and waste receptacles in toilet rooms have the outlet mounted no higher than 15 to 40 inches above the finished floor?

Michael S. Miller Certified Accessibility Inspector/Plan Examiner Phone: