SUMMARY – California Commission on Disability Access (CCDA) Annual Report to the
California State Legislature in Compliance with Government Code Sections 8299.07 (a) and
8299.08 (d)
Purpose of Report (1) Outlines the ongoing efforts of the CCDA to implement Government Code Sections 8299.05 and 8299.06. (2) Provides tabulated data on construction-related physical access violations alleged and complaints filed in state and federal courts.
Goal to reduce the number of claims through training, education and outreach. Improving disability access to places where we work, recreate and are entertained is good business.
Public accommodations of all types are required by federal and California law to be accessible to persons with disabilities but still, 23 years after the passage of the Americans with Disabilities Act, many businesses across California remain inaccessible to those with disabilities. As a result of the adoption of Senate Bill 1186 in 2012, CCDA is collecting data on these claims, learning from the data collected and developing education modules targeted at those violations occurring most frequently. The Commission initiated a data gathering project and has reviewed over 3,000 claims, establishing for the first time a baseline and producing valuable evidence contributing to an even more effective education and outreach effort.
Need for other strategies to support compliance. While analysis of the data is in its infant stage, some issues have become apparent. Having learned from the experience of jurisdictions like San Francisco City and County, many small businesses find compliance difficult for more reasons than lack of information. Funding is often mentioned as a barrier, and access to low cost loans and better tax treatment are seen as a possible component to add to a more robust list of strategies that may result in increased compliance.
The use of Certified Access Specialists by business needs to be encouraged as well. Inspection and development of a correction plan is an important and effective process for achieving access. In fact, many see access compliance as a critical public safety issue. There is no trigger for business that requires review and compliance other than that imposed when obtaining a building for remodeling or reconstruction. The impact of lawsuits on California businesses is significant. More study is required on the role of state and local government beyond encouraging voluntary compliance.
Limited resources. A critical key to achieving a more robust program for CCDA clearly rests with availability of resources. CCDA is expanding and improving relationships with state agencies and professional and business organizations, creating collaborations leading to expanded opportunities to develop and disseminate useful information and educational tools, and developing a strategic plan. However, limited budgets for both the Commission and state agencies often hinder the Commission’s ability to fulfill the great need for these types of educational resources.
Report available online at http://www.ccda.ca.gov/Reports.htm or by calling (916) 319-9974
Purpose of Report (1) Outlines the ongoing efforts of the CCDA to implement Government Code Sections 8299.05 and 8299.06. (2) Provides tabulated data on construction-related physical access violations alleged and complaints filed in state and federal courts.
Goal to reduce the number of claims through training, education and outreach. Improving disability access to places where we work, recreate and are entertained is good business.
Public accommodations of all types are required by federal and California law to be accessible to persons with disabilities but still, 23 years after the passage of the Americans with Disabilities Act, many businesses across California remain inaccessible to those with disabilities. As a result of the adoption of Senate Bill 1186 in 2012, CCDA is collecting data on these claims, learning from the data collected and developing education modules targeted at those violations occurring most frequently. The Commission initiated a data gathering project and has reviewed over 3,000 claims, establishing for the first time a baseline and producing valuable evidence contributing to an even more effective education and outreach effort.
Need for other strategies to support compliance. While analysis of the data is in its infant stage, some issues have become apparent. Having learned from the experience of jurisdictions like San Francisco City and County, many small businesses find compliance difficult for more reasons than lack of information. Funding is often mentioned as a barrier, and access to low cost loans and better tax treatment are seen as a possible component to add to a more robust list of strategies that may result in increased compliance.
The use of Certified Access Specialists by business needs to be encouraged as well. Inspection and development of a correction plan is an important and effective process for achieving access. In fact, many see access compliance as a critical public safety issue. There is no trigger for business that requires review and compliance other than that imposed when obtaining a building for remodeling or reconstruction. The impact of lawsuits on California businesses is significant. More study is required on the role of state and local government beyond encouraging voluntary compliance.
Limited resources. A critical key to achieving a more robust program for CCDA clearly rests with availability of resources. CCDA is expanding and improving relationships with state agencies and professional and business organizations, creating collaborations leading to expanded opportunities to develop and disseminate useful information and educational tools, and developing a strategic plan. However, limited budgets for both the Commission and state agencies often hinder the Commission’s ability to fulfill the great need for these types of educational resources.
Report available online at http://www.ccda.ca.gov/Reports.htm or by calling (916) 319-9974
CALIFORNIA COMMISSION ON DISABILITY
ACCESS: ANNUAL REPORT TO THE
CALIFORNIA STATE LEGISLATURE IN
COMPLIANCE WITH GOVERNMENT CODE
SECTIONS 8299.07 (A) AND 8299.08 (D)
February 14, 2014
Report available online at http://www.ccda.ca.gov/Reports.htm or by calling (916) 319-9974
Report available online at http://www.ccda.ca.gov/Reports.htm or by calling (916) 319-9974
TABLE OF CONTENTS
1.0 Introduction ..........................................................................................................................................................................1 History .................................................................................................................................................................................. 1 Mission .................................................................................................................................................................................1 Purpose of Report ................................................................................................................................................................1
2.0 Accomplishments and Path Forward ................................................................................................................................... 2 2013 Accomplishments ........................................................................................................................................................2 Path Forward........................................................................................................................................................................5
3.0 The Commission ................................................................................................................................................................... 6 4.0 Education and Outreach ...................................................................................................................................................... 6 5.0 Claims and Demand Letter Data Collection .........................................................................................................................7
Background ..........................................................................................................................................................................7 Tabulated Data.....................................................................................................................................................................7 Challenges and Solutions ...................................................................................................................................................10
6.0 Strategic Planning .............................................................................................................................................................. 11 Goals and Desired Outcomes.............................................................................................................................................11 Process ...............................................................................................................................................................................12 Design Team.......................................................................................................................................................................12 Next Steps ..........................................................................................................................................................................12
7.0 Establishment of Metrics ................................................................................................................................................... 13 Measuring Effectiveness ....................................................................................................................................................13 8.0 Staffing and Resources ....................................................................................................................................................... 15 Appendices ................................................................................................................................................................................16 Appendix A - Acronyms ......................................................................................................................................................17 Appendix B – Commissioner Roster and Terms .................................................................................................................18 Appendix C - ADA Violations Listing ...................................................................................................................................19 Appendix D – Tabulation of Construction-Related Physical Access Violations ..................................................................22 Appendix E – Complaints Filed in State/Federal Court and Demand Letters.....................................................................29
1.0 Introduction ..........................................................................................................................................................................1 History .................................................................................................................................................................................. 1 Mission .................................................................................................................................................................................1 Purpose of Report ................................................................................................................................................................1
2.0 Accomplishments and Path Forward ................................................................................................................................... 2 2013 Accomplishments ........................................................................................................................................................2 Path Forward........................................................................................................................................................................5
3.0 The Commission ................................................................................................................................................................... 6 4.0 Education and Outreach ...................................................................................................................................................... 6 5.0 Claims and Demand Letter Data Collection .........................................................................................................................7
Background ..........................................................................................................................................................................7 Tabulated Data.....................................................................................................................................................................7 Challenges and Solutions ...................................................................................................................................................10
6.0 Strategic Planning .............................................................................................................................................................. 11 Goals and Desired Outcomes.............................................................................................................................................11 Process ...............................................................................................................................................................................12 Design Team.......................................................................................................................................................................12 Next Steps ..........................................................................................................................................................................12
7.0 Establishment of Metrics ................................................................................................................................................... 13 Measuring Effectiveness ....................................................................................................................................................13 8.0 Staffing and Resources ....................................................................................................................................................... 15 Appendices ................................................................................................................................................................................16 Appendix A - Acronyms ......................................................................................................................................................17 Appendix B – Commissioner Roster and Terms .................................................................................................................18 Appendix C - ADA Violations Listing ...................................................................................................................................19 Appendix D – Tabulation of Construction-Related Physical Access Violations ..................................................................22 Appendix E – Complaints Filed in State/Federal Court and Demand Letters.....................................................................29
1.0 INTRODUCTION
HISTORY
In 2008, the California State Legislature concluded that in many instances persons with disabilities continued to be denied full and equal access to public facilities even though that right was provided under state and federal law. The Legislature further concluded that businesses in California have the responsibility to provide full and equal access to public facilities as required in laws and regulations, but that compliance may be impeded, in some instances, by conflicting state and federal regulations resulting in unnecessary litigation.
The Legislature passed Senate Bill 1608 (Corbett) establishing the California Commission on Disability Access (CCDA) under Government Code Sections 8299 – 8299.11 with a vision to developing recommendations that will enable persons with disabilities to exercise their right to full and equal access to public facilities and that will facilitate business compliance with the applicable laws, building standards and regulations to avoid unnecessary litigation, as well as addressing many other reforms related to access compliance.
MISSION
The mission of CCDA is to promote disability access in California through dialogue and collaboration with stakeholders including but not limited to the disability and business communities and all levels of government.
In order to achieve this mission CCDA is authorized to act as an information resource; to research and prepare advisory reports of findings to the Legislature on issues related to disability access, compliance inspections and continuing education; to increase coordination between stakeholders; to make recommendations to promote compliance with federal and state laws and regulations; and to provide uniform information about programmatic and architectural disability access requirements to the stakeholders.
PURPOSE OF REPORT
ONGOING EFFORTS OF CCDA - GOVERNMENT CODE SECTIONS 8299.07 (A)
This report outlines the ongoing efforts of the CCDA to implement Government Code Sections 8299.05 and 8299.06. In general these sections cover provision of information to businesses on compliance with disability access requirements; recommending programs to enable persons with disabilities to obtain full and equal access to public facilities; providing information to the
HISTORY
In 2008, the California State Legislature concluded that in many instances persons with disabilities continued to be denied full and equal access to public facilities even though that right was provided under state and federal law. The Legislature further concluded that businesses in California have the responsibility to provide full and equal access to public facilities as required in laws and regulations, but that compliance may be impeded, in some instances, by conflicting state and federal regulations resulting in unnecessary litigation.
The Legislature passed Senate Bill 1608 (Corbett) establishing the California Commission on Disability Access (CCDA) under Government Code Sections 8299 – 8299.11 with a vision to developing recommendations that will enable persons with disabilities to exercise their right to full and equal access to public facilities and that will facilitate business compliance with the applicable laws, building standards and regulations to avoid unnecessary litigation, as well as addressing many other reforms related to access compliance.
MISSION
The mission of CCDA is to promote disability access in California through dialogue and collaboration with stakeholders including but not limited to the disability and business communities and all levels of government.
In order to achieve this mission CCDA is authorized to act as an information resource; to research and prepare advisory reports of findings to the Legislature on issues related to disability access, compliance inspections and continuing education; to increase coordination between stakeholders; to make recommendations to promote compliance with federal and state laws and regulations; and to provide uniform information about programmatic and architectural disability access requirements to the stakeholders.
PURPOSE OF REPORT
ONGOING EFFORTS OF CCDA - GOVERNMENT CODE SECTIONS 8299.07 (A)
This report outlines the ongoing efforts of the CCDA to implement Government Code Sections 8299.05 and 8299.06. In general these sections cover provision of information to businesses on compliance with disability access requirements; recommending programs to enable persons with disabilities to obtain full and equal access to public facilities; providing information to the
Page 1
Legislature on access issues and compliance; and the development and dissemination of
educational materials and information to promote and facilitate disability access compliance.
TABULATED DATA - GOVERNMENT CODE SECTION 8299.08 (D)
This report provides tabulated data including the various types of construction-related physical access violations alleged in demand letters and complaints; the number of claims alleged for each type of violation; a list, by type, of the 10 most frequent types of accessibility violations alleged; the numbers of alleged violations for each listed type of violation; and the number of complaints filed in state or federal court.
2.0 ACCOMPLISHMENTS AND PATH FORWARD
Great progress was made by the Commission in 2013. January 2013 found the Commission with six members, five of whom represented persons with disabilities and one representing business. The Commission was not fully staffed, having been without an executive director for nearly nine months. While the Commission had established operating rules, no strategic plan existed, a variety of standing committees were meeting without adequate staff support, and the Commission had not met many of its required mandates under Senate Bill 1608 (Corbett) adopted in 2008.
Senate Bill 1186 (Steinberg), adopted in 2012, altered Commission duties, emphasized a focus on education to promote and facilitate construction-related physical access compliance, established a data collection project requiring the Commission to collect data on all demand letters and filed claims related to construction-related physical access violations and to report certain findings, including the top ten violations, on its website and to the Legislature.
2013 ACCOMPLISHMENTS
COMMISSION ADMINISTRATION
TABULATED DATA - GOVERNMENT CODE SECTION 8299.08 (D)
This report provides tabulated data including the various types of construction-related physical access violations alleged in demand letters and complaints; the number of claims alleged for each type of violation; a list, by type, of the 10 most frequent types of accessibility violations alleged; the numbers of alleged violations for each listed type of violation; and the number of complaints filed in state or federal court.
2.0 ACCOMPLISHMENTS AND PATH FORWARD
Great progress was made by the Commission in 2013. January 2013 found the Commission with six members, five of whom represented persons with disabilities and one representing business. The Commission was not fully staffed, having been without an executive director for nearly nine months. While the Commission had established operating rules, no strategic plan existed, a variety of standing committees were meeting without adequate staff support, and the Commission had not met many of its required mandates under Senate Bill 1608 (Corbett) adopted in 2008.
Senate Bill 1186 (Steinberg), adopted in 2012, altered Commission duties, emphasized a focus on education to promote and facilitate construction-related physical access compliance, established a data collection project requiring the Commission to collect data on all demand letters and filed claims related to construction-related physical access violations and to report certain findings, including the top ten violations, on its website and to the Legislature.
2013 ACCOMPLISHMENTS
COMMISSION ADMINISTRATION
-
Recruited and supported the appointment process with the Office of the Governor and
the State Legislature resulting in a nearly complete Commission (currently two seats
remain vacant).
-
Appointed an executive director, relocated to permanent offices and recruited to fill
staff vacancies.
-
Organized and held four Commission meetings and twelve Executive Committee
meetings.
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• In an attempt to streamline the CCDA committee structure and gain better focus and
effectiveness, CCDA eliminated four of the five standing committees and created one
new committee. This restructuring was necessary because results were not being
produced as rapidly as needed.
Previous Standing Committee
Structure
|
Current Standing Committee
Structure
• Executive • Education and Outreach |
EDUCATIONAL MATERIALS AND INFORMATION
-
Refocused activities to a single priority - the development and dissemination of
educational materials and information to promote and facilitate disability access
compliance.
-
Posted training videos, addressing the top ten access violations in California, working in
collaboration with the video producer California Department of Rehabilitation.
WEBSITE
-
Redesigned the CCDA website to better serve educational needs and to post SB 1186
claims data, including the top ten construction-related physical access violations.
-
Continued to identify and post educational resources from developers and producers
nationwide to CCDA website.
-
Began tracking CCDA website usage to help identify areas of interest.
DATA COLLECTION
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• Completed a budget change proposal for inclusion in the 2014-2015 Governor’s budget
that allows for increased support of the data collection and analysis project.
PARTNERSHIPS
PARTNERSHIPS
-
Initiated a strategic planning process to be complete in mid-2014.
-
Created effective collaborations with the California Department of Rehabilitation, the
Division of the State Architect, the Building Standards Commission and numerous
professional and industry organizations and local government.
-
Worked to strengthen the Certified Access Specialist (CASp) Program with the Division
of the State Architect (DSA) and the Certified Access Specialist Institute (CASI).
-
Together with the Department of Rehabilitation and the State Architect, co-hosted a
meeting about disability access issues with Ms. Kelly Vincent, the youngest member of
the South Australia (state-level) Parliament and the first member to use a wheelchair.
-
Organizations with attendees at CCDA meetings or via teleconference included:
Accessible Technology Services
American Institute of Architects, California Council
Berkeley Commission on Disability
CA Attorney General’s Office
CA Department of Fair Employment and Housing
CA Department of Rehabilitation, Disability Access Services Certified Access Specialist Institute
Designing Accessible Communities
Lawyers Against Lawsuit Abuse
Los Angeles County Commission on Disabilities
Office of Small Business Commission for the City of San Francisco San Francisco Municipal Transportation Agency
-
A sample listing of agencies with links to CCDA’s website include:
American Institute of Architects, California Council
CA Department of Housing and Community Development, Division of Codes and Standards State Housing Law Program
California Building Industry Association
California Building Officials
International Code Council
Page 4
PATH FORWARD
Building on the accomplishments of 2013, CCDA will focus on several key areas.
Building on the accomplishments of 2013, CCDA will focus on several key areas.
-
Strategic Planning. CCDA will complete their first strategic planning process which will
produce necessary information leading to an improved and more focused and effective
communication and training program.
-
Educational Resources. CCDA is currently completing the development of a
memorandum of understanding with the Division of the State Architect and the
California Department of Rehabilitation for the purpose of developing and disseminating
educational resources on access compliance throughout California. The collection and
use of business license fees will support this activity and it is critical that businesses, the
disability community and the general public understand the benefits of this effort.
-
Outreach. CCDA will be completing its efforts to fully refine and implement its outreach,
publications, website, and conference seminar programs. The Education and Outreach
Committee is currently focusing on developing its education and outreach plan for the
next two years.
-
Certified Access Specialists. The number of Certified Access Specialists is increasing
towards the stated goal of 2,000. The Certified Access Specialist Program will continue
to be a focus with the Division of the State Architect and the Certified Access Specialist
Institute to encourage the expansion of the program and the use of CASp professionals.
The ongoing information exchange with Certified Access Specialists sponsored by DSA
and CASI provides an open forum for dialogue about construction-related physical
accessibility interpretations and applications. It is critical to work with the business
community to help them understand the value of the CASp Program and how working
with the specialists will improve access and help businesses avoid claims being filed
against them. The Certified Access Specialists have been invited to meet with CCDA in
2014. In addition, opportunities for inclusion of the disability and business communities
in a variety of forums with the CASps will be also explored.
-
Data. Data collection from claims will continue and analysis efforts will become a more
significant program component with the second year of data. This analysis will support
the focused development of educational resources and training to address and reduce
the types of construction-related physical access claims that occur most often.
-
Partnerships. CCDA will continue to strengthen and expand partnerships and
collaborations with organizations representing the disability and business communities
to promote the Commission’s educational mission.
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3.0 THE COMMISSION
New Executive Director. January 2013 found CCDA with six Commissioners and without an Executive Director – a situation that had existed since early 2012. A successful recruitment resulted in the appointment of former California State Architect Stephan Castellanos FAIA to serve as Executive Director. The Commission acknowledges Former Commissioner Rocky Burks who, while serving as chair of the Commission, provided leadership and stability, essentially acting as Executive Director.
Newly appointed Commissioners. Lacking a sufficient number of members during 2012 and extending into 2013, the Commission found it very difficult to advance an agenda. The Commission and the Executive Director focused on encouraging appointments and worked with leadership in the California Legislature and the Office of the Governor. This effort resulted in a nearly complete Commission with two seats open (see Appendix B – Commissioner Roster and Terms).
Focused organization and priorities. Established in 2009, CCDA took the necessary steps to establish an organization, create systems and policies necessary to operate, and identify a list of goals. Several standing committees were established to create implementation plans for each of the primary goals. In 2013, an emphasis was placed on the CCDA priority to educate and provide resources for business owners to encourage compliance with construction-related physical access standards. This focus resulted in the reorganization of the Commission’s activities through elimination of all standing committees with the exception of the Executive Committee, creation of an Education and Outreach Committee and initiation of a strategic planning process.
Emphasis on collaboration. CCDA has also placed a greater emphasis on the importance of collaboration. Throughout 2013, CCDA staff and Commissioners extended their reach by developing collaborative relationships, which include the Department of Rehabilitation and the Division of the State Architect. In addition CCDA has reached out to business and professional organizations such as the American Institute of Architects, the California Chamber of Commerce, the Building Owners and Managers Association, Certified Access Specialist Institute, City and County of San Francisco, California Chamber of Commerce, and the California Business Property Association.
4.0 EDUCATION AND OUTREACH
Website evaluation. A primary tool for education and outreach is the CCDA website. Early in 2013, CCDA evaluated the design and content of its website. CCDA determined the content was not sufficient and the design was not user friendly for the varied stakeholder groups that need
New Executive Director. January 2013 found CCDA with six Commissioners and without an Executive Director – a situation that had existed since early 2012. A successful recruitment resulted in the appointment of former California State Architect Stephan Castellanos FAIA to serve as Executive Director. The Commission acknowledges Former Commissioner Rocky Burks who, while serving as chair of the Commission, provided leadership and stability, essentially acting as Executive Director.
Newly appointed Commissioners. Lacking a sufficient number of members during 2012 and extending into 2013, the Commission found it very difficult to advance an agenda. The Commission and the Executive Director focused on encouraging appointments and worked with leadership in the California Legislature and the Office of the Governor. This effort resulted in a nearly complete Commission with two seats open (see Appendix B – Commissioner Roster and Terms).
Focused organization and priorities. Established in 2009, CCDA took the necessary steps to establish an organization, create systems and policies necessary to operate, and identify a list of goals. Several standing committees were established to create implementation plans for each of the primary goals. In 2013, an emphasis was placed on the CCDA priority to educate and provide resources for business owners to encourage compliance with construction-related physical access standards. This focus resulted in the reorganization of the Commission’s activities through elimination of all standing committees with the exception of the Executive Committee, creation of an Education and Outreach Committee and initiation of a strategic planning process.
Emphasis on collaboration. CCDA has also placed a greater emphasis on the importance of collaboration. Throughout 2013, CCDA staff and Commissioners extended their reach by developing collaborative relationships, which include the Department of Rehabilitation and the Division of the State Architect. In addition CCDA has reached out to business and professional organizations such as the American Institute of Architects, the California Chamber of Commerce, the Building Owners and Managers Association, Certified Access Specialist Institute, City and County of San Francisco, California Chamber of Commerce, and the California Business Property Association.
4.0 EDUCATION AND OUTREACH
Website evaluation. A primary tool for education and outreach is the CCDA website. Early in 2013, CCDA evaluated the design and content of its website. CCDA determined the content was not sufficient and the design was not user friendly for the varied stakeholder groups that need
Page 6
to understand construction-related physical access requirements. The website has been
redesigned to better serve educational needs. The next iteration of the website to be
implemented in 2014 will add social media allowing interaction and information sharing and an
expanded FAQ site.
Educational modules for top ten violations. In 2013, CCDA embarked on a project pursuant to SB 1186 to collect data on lawsuits and demand letters filed in California that sought redress for construction-related physical access violations. From this data, CCDA is required to determine the top ten violations and prepare educational modules for each. This data collection project is current and information is included in this report. The top ten educational modules have been developed by the Department of Rehabilitation and posted to both the DOR and CCDA websites.
5.0 CLAIMS AND DEMAND LETTER DATA COLLECTION
BACKGROUND
With the passing of SB 1186 in September of 2012, the California Commission on Disability Access began collecting and reporting on the website the top ten most frequently alleged construction-related physical access violations. In the 16 months of data collection portrayed in this report, CCDA received a total of 3,047 records of court filings and/or demand letters - an average of 190 records per month.
CCDA was successful in managing this project with the assistance of volunteers from the Department of Rehabilitation, the Vocational Rehabilitation Modernization Project and a Department of Justice law intern who assisted in defining, categorizing, and updating the CCDA database of records. However, the use of legal interns who must be supervised by a lawyer is hampered by not having an attorney on staff. CCDA has also worked closely with the State Bar in comparing a database of demand/advisory letters on a quarterly basis.
TABULATED DATA
Construction-related physical access violations. A total of 9,043 construction-related physical access violations were alleged in the 3,047 state/federal cases and demand letters during the 16-month period from September 2012 – December 2013. The types of ADA alleged violations have been categorized using 51 key codes consistent with Title 24 of the California Code of Regulations (see Appendix C – ADA Violations Listing).
10 most frequent types of construction-related physical access violations alleged. The top two ranking alleged violations – loading zones/van access and parking spaces - composed 26% of the total reported violation types.
Educational modules for top ten violations. In 2013, CCDA embarked on a project pursuant to SB 1186 to collect data on lawsuits and demand letters filed in California that sought redress for construction-related physical access violations. From this data, CCDA is required to determine the top ten violations and prepare educational modules for each. This data collection project is current and information is included in this report. The top ten educational modules have been developed by the Department of Rehabilitation and posted to both the DOR and CCDA websites.
5.0 CLAIMS AND DEMAND LETTER DATA COLLECTION
BACKGROUND
With the passing of SB 1186 in September of 2012, the California Commission on Disability Access began collecting and reporting on the website the top ten most frequently alleged construction-related physical access violations. In the 16 months of data collection portrayed in this report, CCDA received a total of 3,047 records of court filings and/or demand letters - an average of 190 records per month.
CCDA was successful in managing this project with the assistance of volunteers from the Department of Rehabilitation, the Vocational Rehabilitation Modernization Project and a Department of Justice law intern who assisted in defining, categorizing, and updating the CCDA database of records. However, the use of legal interns who must be supervised by a lawyer is hampered by not having an attorney on staff. CCDA has also worked closely with the State Bar in comparing a database of demand/advisory letters on a quarterly basis.
TABULATED DATA
Construction-related physical access violations. A total of 9,043 construction-related physical access violations were alleged in the 3,047 state/federal cases and demand letters during the 16-month period from September 2012 – December 2013. The types of ADA alleged violations have been categorized using 51 key codes consistent with Title 24 of the California Code of Regulations (see Appendix C – ADA Violations Listing).
10 most frequent types of construction-related physical access violations alleged. The top two ranking alleged violations – loading zones/van access and parking spaces - composed 26% of the total reported violation types.
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Rank
Alleged ADA Violations
Reporting
Period 1
Reporting
Period 2
Category
Sept – June
2012
July 2012 -
Dec 2013
Toilet
Rooms -
Bathrooms
Key Code 1 - Entry doors are not accessible or not on an
accessible route.
N/A
10
Key Code 5 - Lavatories and Mirrors are not accessible.
9
N/A
8
N/A
Key Code 11 - Number of spaces. Parking lot does not
contain minimum number of accessible parking spaces.
4
4
2
2
Parking
Key Code 12 - Parking Spaces. Existing parking spaces are
not compliant.
Key Code 13 - Signage. Signage in parking lot is not
compliant. E.g., parking spaces need to be designated as
reserved by a sign showing the symbol of accessibility.
5
3
Key Code 14 - Loading zones/van access aisles are not
compliant or non-existent
1
1
Key Code 15 - Routes to and from parking lot or public
right of way are not accessible. May include uneven
surfaces.
Accessible
Route and
Entry
Key Code 17 - General. Entry doors are not accessible or
missing sign/symbol of accessibility.
3
10
5
Key Code 16 - Ramps. Curb ramps or entrance ramps are
not compliant or non-existing.
N/A
7
6
Key Code 20 - Access aisles within building are not
accessible. E.g., dining or work surfaces are not on an
accessible route.
Access
within
Public
Facility
7
9
Key Code 26 - Access Height. Heights of surfaces such as
counters, bars, or tables are not compliant.
6
8
Key Code 7 - Grab Bars. Grab bars in bathroom are non-
existent, or existing grab bars are not compliant.
Alleged construction-related physical access violations by type. Appendix D - Tabulation of
Construction-Related Physical Access Violations includes data for the alleged violations for each
of the 51 key codes used.
Number of complaints filed in state or federal court and demand letters. From September 2012 – December 2013, 627 Federal Cases, 2,078 State Cases and 342 Demand Letters were collected (see Appendix E – Complaints Filed in State/Federal Court and Demand Letters.) The graphs below illustrate (1) the monthly breakdown of complaints filed and demand letters and (2) a map portraying the combined data by zip code.
Number of complaints filed in state or federal court and demand letters. From September 2012 – December 2013, 627 Federal Cases, 2,078 State Cases and 342 Demand Letters were collected (see Appendix E – Complaints Filed in State/Federal Court and Demand Letters.) The graphs below illustrate (1) the monthly breakdown of complaints filed and demand letters and (2) a map portraying the combined data by zip code.
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Complaints Filed in State/Federal Court and Demand Letters
400
350
300
250
200
150
100
50
0
Federal Cases
State Cases
Demand Letters
There were a total of 2,535 different zip codes and 46 counties impacted by the demand letters
and/or case filings. The ten counties with the most demand letters and/or case filings include:
Top Ten Counties
COUNTY NUMBER OF COMPLAINTS FILED/DEMAND LETTERS
Top Ten Counties
COUNTY NUMBER OF COMPLAINTS FILED/DEMAND LETTERS
Los Angeles
Santa Clara
Fresno
Riverside
Sacramento
San Mateo
1,297
179
120
74
56
33
San Diego
Contra Costa
San Bernardino
Alameda
208
Orange
123
86
71
33
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Sep-12
Oct-12
Nov-12
Dec-12
Jan-13
Feb-13
Mar-13
Apr-13
May-13
Jun-13
Jul-13
Aug-13
Sep-13
Oct-13
Nov-13
Dec-13
Complaints Filed in State/Federal Court and Demand Letters by Zip Code
CHALLENGES AND SOLUTIONS
CCDA has identified both challenges and solutions in collecting and reporting the required data.
CHALLENGES AND SOLUTIONS
CCDA has identified both challenges and solutions in collecting and reporting the required data.
-
Challenge - Increasing volume of cases
Solution - CCDA has secured a web consultant to streamline the data entry processes and to reduce some of the manual labor of the data entry. Additionally, the consultant is developing real time reporting of data on the web.
-
Challenge – Dependency on volunteers to complete the project
Solution - CCDA wrote a BCP that was recently approved by the Department of Finance for one additional staff person. (Subject to Legislative approval.)
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• Challenge - Development of educational modules
Solution - CCDA is partnering with the Department of Rehabilitation and the Division of the State Architect through monthly meetings between the Executive Director and the Education and Outreach Committee to identify opportunities statewide. Additionally, CCDA coordinated with the Department of Rehabilitation, Disability Access Services Unit to develop and produce educational video presentations that address the top ten reported construction-related physical access violations.
6.0 STRATEGIC PLANNING
To achieve CCDA’s mission of promoting disability access in California through dialogue and collaboration with stakeholders, the Commission will be preparing a Strategic Plan to guide their activities for the next three to five years. CCDA has hired the Center for Collaborative Policy, an off-campus unit of California State University, Sacramento, to assist with the development of the Strategic Plan.
GOALS AND DESIRED OUTCOMES
The goals of the Strategic Plan are to:
Solution - CCDA is partnering with the Department of Rehabilitation and the Division of the State Architect through monthly meetings between the Executive Director and the Education and Outreach Committee to identify opportunities statewide. Additionally, CCDA coordinated with the Department of Rehabilitation, Disability Access Services Unit to develop and produce educational video presentations that address the top ten reported construction-related physical access violations.
6.0 STRATEGIC PLANNING
To achieve CCDA’s mission of promoting disability access in California through dialogue and collaboration with stakeholders, the Commission will be preparing a Strategic Plan to guide their activities for the next three to five years. CCDA has hired the Center for Collaborative Policy, an off-campus unit of California State University, Sacramento, to assist with the development of the Strategic Plan.
GOALS AND DESIRED OUTCOMES
The goals of the Strategic Plan are to:
-
Develop the organization to implement and achieve the goals of SB 1608 and SB 1186,
particularly in regard to education and outreach.
-
Create programs to assist with compliance.
-
Build relationships with and between persons with disabilities and the business
community.
-
Reduce the number of claims.
The desired outcomes include:
-
Creation of a governance structure to guide future work of CCDA.
-
A prioritized Action Plan to implement compliance programs, educational programs, and
outreach activities.
-
Creation of next steps to bolster the efficacy of the Commission and the CCDA
organization.
-
Creation of programs to increase compliance and reduce claims and letters.
Page 11
PROCESS
The strategic planning process includes:
The strategic planning process includes:
-
Conducting a stakeholder assessment to identify disability access issues, challenges and
opportunities;
-
Creation of a Summary Findings Report with review by with the Design Team and the
Commission;
-
Conducting a Strategic Planning Workshop develop a draft plan ;
-
Holding Validation Workshops across the state to confirm the draft Strategic Plan and
seek support to implement the recommendations;
-
Approval of the Strategic Plan by the Commission; and
-
Implementation of the Strategic Plan.
DESIGN TEAM
A Design Team was convened to provide advice on the strategic planning process. Members include:
-
Betty Wilson, City of Los Angeles Commission on Disability
-
Scott Hauge, CAL Insurance & Associates, Inc.
-
Regina Dick-Endrizzi, San Francisco Office of Small Business
-
Erick Mikiten, Mikiten Architecture
-
Dennis Corelis, Division of the State Architect
-
Megan Juring, Department of Rehabilitation
-
Wendy Hill, staff to Assembly Member Tom Ammiano
-
Steve Castellanos, CCDA
-
Angela Jemott, CCDA
NEXT STEPS
The Center for Collaborative Policy is currently conducting stakeholder interviews with 30 stakeholders representing diverse perspectives on disability access. The Summary Findings Report will be completed by mid-February 2014. Planning for the Strategic Planning Workshop will commence in February. The Strategic Plan Workshop is expected to be held in March. The draft Strategic Plan will be available for review by the Design Team and CCDA staff in April. Validation Workshops will be conducted in three locations in California during the month of May. The Strategic Plan will be finalized and brought to the Commission for their approval in June 2014. Implementation of the Strategic Plan is expected to commence immediately after approval.
-
Betty Wilson, City of Los Angeles Commission on Disability
Page 12
7.0 ESTABLISHMENT OF METRICS
The work accomplished in 2013 on the demand letter and claims data collection project is valuable and will contribute in a significant way to future CCDA programs and projects. In addition to determining the top ten most frequent construction-related physical access violations, the data collection has created for the first time a baseline by which the Commission will be able to judge the effectiveness of its education and outreach efforts.
CCDA is committed to the goal of reducing lawsuits through education and outreach. It remains very difficult to draw a direct connection between data, education and outreach and reducing claims. Encouraging property and business owners to voluntarily seek compliance requires additional methods of determining program effectiveness . The Commission shall explore what additional metrics may be applied. The Commission remains hopeful that a better understanding on the part of the business community on how to avoid costly lawsuits while improving business will result in fewer claims.
To that end, and with its partners and collaborators, CCDA is in process of implementing strategies that include (but are not limited to) publications, expanded use of its website and social media, development of video presentations, conferences and seminars, and establishing a speakers bureau.
MEASURING EFFECTIVENESS
CCDA will measure effectiveness in a number of ways.
PUBLICATIONS
CCDA has identified existing publications developed by a variety of sources including the US Access Board, the California Department of Rehabilitation, the California State Architect, and the California Chamber of Commerce. CCDA worked directly with the Office of Senator Ellen Corbett to develop a brochure for placement in legislative members’ offices. The brochure is near completion and currently under review by Senate staff. CCDA will continue to review annually the use and effectiveness of these publications and will add to their number and expand their distribution.
WEBSITE AND SOCIAL MEDIA
In 2013, CCDA redesigned its website to be a more effective communications and education tool for its stakeholders. CCDA is working to direct those seeking information to the Commission’s website and have started to collect information on the number of visitors to the
The work accomplished in 2013 on the demand letter and claims data collection project is valuable and will contribute in a significant way to future CCDA programs and projects. In addition to determining the top ten most frequent construction-related physical access violations, the data collection has created for the first time a baseline by which the Commission will be able to judge the effectiveness of its education and outreach efforts.
CCDA is committed to the goal of reducing lawsuits through education and outreach. It remains very difficult to draw a direct connection between data, education and outreach and reducing claims. Encouraging property and business owners to voluntarily seek compliance requires additional methods of determining program effectiveness . The Commission shall explore what additional metrics may be applied. The Commission remains hopeful that a better understanding on the part of the business community on how to avoid costly lawsuits while improving business will result in fewer claims.
To that end, and with its partners and collaborators, CCDA is in process of implementing strategies that include (but are not limited to) publications, expanded use of its website and social media, development of video presentations, conferences and seminars, and establishing a speakers bureau.
MEASURING EFFECTIVENESS
CCDA will measure effectiveness in a number of ways.
PUBLICATIONS
CCDA has identified existing publications developed by a variety of sources including the US Access Board, the California Department of Rehabilitation, the California State Architect, and the California Chamber of Commerce. CCDA worked directly with the Office of Senator Ellen Corbett to develop a brochure for placement in legislative members’ offices. The brochure is near completion and currently under review by Senate staff. CCDA will continue to review annually the use and effectiveness of these publications and will add to their number and expand their distribution.
WEBSITE AND SOCIAL MEDIA
In 2013, CCDA redesigned its website to be a more effective communications and education tool for its stakeholders. CCDA is working to direct those seeking information to the Commission’s website and have started to collect information on the number of visitors to the
Page 13
site. The updated version of the website will include features that allow dialogue, social media,
hosted exchanges and conversations which should result in increased usage and effectiveness
of the site.
VIDEO PRESENTATIONS
CCDA has worked very successfully with its partner, the California Department of Rehabilitation, utilizing their ability to produce video education tools. Two DOR videos are currently posted on the CCDA website, and conversations are underway with the Division of the State Architect, the American Institute of Architects California Council and others to fund additional video presentations. CCDA will collect data on the use of these educational tools, how often they are utilized and viewed, and how best to modify them, or develop new presentations.
CONFERENCES AND SEMINARS
CCDA holds twenty public meetings per year throughout the state. These sessions should be considered learning opportunities. Planning is underway to use these meeting opportunities in part as seminar or conference session opportunities. The newly formed Education and Outreach Committee of the Commission addressing the need for direct communication opportunities and will determine a strategy that includes types of events and frequency. The events themselves will include an element of evaluation. In addition, CCDA scheduled meetings will include an evaluation tool.
SPEAKERS BUREAU
CCDA has developed an effective partnership with the Certified Access Specialist Institute. The CCDA Executive Director has spoken to the group in southern and northern California and has discussed with them the need for a speaker’s bureau made up from their members - California Certified Access Specialists. These CASps would be available to speak at public gatherings of business owners and operators throughout California. Some of this activity is already occurring and CCDA will work with CASI to develop the resource, market the availability and collect information on effectiveness.
SELF-EVALUATION
Any effective organization routinely engages in self-evaluation. The current strategic planning process in part will fulfill this need for 2014. In future years the Commission members will schedule at a minimum an annual evaluation of its Executive Director, as well as an evaluation of its own performance.
VIDEO PRESENTATIONS
CCDA has worked very successfully with its partner, the California Department of Rehabilitation, utilizing their ability to produce video education tools. Two DOR videos are currently posted on the CCDA website, and conversations are underway with the Division of the State Architect, the American Institute of Architects California Council and others to fund additional video presentations. CCDA will collect data on the use of these educational tools, how often they are utilized and viewed, and how best to modify them, or develop new presentations.
CONFERENCES AND SEMINARS
CCDA holds twenty public meetings per year throughout the state. These sessions should be considered learning opportunities. Planning is underway to use these meeting opportunities in part as seminar or conference session opportunities. The newly formed Education and Outreach Committee of the Commission addressing the need for direct communication opportunities and will determine a strategy that includes types of events and frequency. The events themselves will include an element of evaluation. In addition, CCDA scheduled meetings will include an evaluation tool.
SPEAKERS BUREAU
CCDA has developed an effective partnership with the Certified Access Specialist Institute. The CCDA Executive Director has spoken to the group in southern and northern California and has discussed with them the need for a speaker’s bureau made up from their members - California Certified Access Specialists. These CASps would be available to speak at public gatherings of business owners and operators throughout California. Some of this activity is already occurring and CCDA will work with CASI to develop the resource, market the availability and collect information on effectiveness.
SELF-EVALUATION
Any effective organization routinely engages in self-evaluation. The current strategic planning process in part will fulfill this need for 2014. In future years the Commission members will schedule at a minimum an annual evaluation of its Executive Director, as well as an evaluation of its own performance.
Page 14
8.0 STAFFING AND RESOURCES
CCDA began 2013 in temporary quarters with limited furnishing, fixtures and equipment and without an Executive Director.
CCDA is currently housed in the Department of Rehabilitation offices at 721 Capitol Mall. Until April of 2013 the Commission was located in a temporary space and has moved to a dedicated suite of its own. DOR has been a very supportive partner and landlord. CCDA is located on the training and conference level of the building allowing access to a large array of spaces useful for its program. The new space is now fully equipped and allows a small amount of additional space for volunteers.
On January 4, CCDA’s second executive director, Stephan Castellanos FAIA began his tenure. This appointment completed the CCDA staff make up of one office technician, one associate governmental program analyst and one executive director. Within one month, the office technician succeeded in progressing to the next level and moved to another state job. This position was refilled in June.
Volunteers have been a large component of the CCDA program and will continue to provide much needed support. The Department of Rehabilitation, through their program, referred four volunteers to CCDA in 2013. In addition, the Attorney General, through Deputy Attorney General and CCDA Commissioner, has made the part time use of a law intern available to the Commission. These volunteers contribute primarily toward implementation and analysis of the demand letter and claims data collection project.
Lastly, CCDA was successful in having a Budget Change Proposal accepted and included in the Governor’s 2014-2015 budget. The proposal requests one additional staff member to focus on the demand letter and claims data collection project, primarily in providing and coordinating legal input, analysis, management of volunteer participation and reporting.
CCDA began 2013 in temporary quarters with limited furnishing, fixtures and equipment and without an Executive Director.
CCDA is currently housed in the Department of Rehabilitation offices at 721 Capitol Mall. Until April of 2013 the Commission was located in a temporary space and has moved to a dedicated suite of its own. DOR has been a very supportive partner and landlord. CCDA is located on the training and conference level of the building allowing access to a large array of spaces useful for its program. The new space is now fully equipped and allows a small amount of additional space for volunteers.
On January 4, CCDA’s second executive director, Stephan Castellanos FAIA began his tenure. This appointment completed the CCDA staff make up of one office technician, one associate governmental program analyst and one executive director. Within one month, the office technician succeeded in progressing to the next level and moved to another state job. This position was refilled in June.
Volunteers have been a large component of the CCDA program and will continue to provide much needed support. The Department of Rehabilitation, through their program, referred four volunteers to CCDA in 2013. In addition, the Attorney General, through Deputy Attorney General and CCDA Commissioner, has made the part time use of a law intern available to the Commission. These volunteers contribute primarily toward implementation and analysis of the demand letter and claims data collection project.
Lastly, CCDA was successful in having a Budget Change Proposal accepted and included in the Governor’s 2014-2015 budget. The proposal requests one additional staff member to focus on the demand letter and claims data collection project, primarily in providing and coordinating legal input, analysis, management of volunteer participation and reporting.
Page 15
APPENDICES
Appendix A – Acronyms
Appendix B – Commissioner Roster and Terms
Appendix C – ADA Violations Listing
Appendix D – Tabulation of Construction-Related Physical Access Violations Appendix E – Complaints Filed in State/Federal Court and Demand Letters
Appendix A – Acronyms
Appendix B – Commissioner Roster and Terms
Appendix C – ADA Violations Listing
Appendix D – Tabulation of Construction-Related Physical Access Violations Appendix E – Complaints Filed in State/Federal Court and Demand Letters
Page 16
APPENDIX A - ACRONYMS
CCDA
|
California Commission on Disability Access
|
CASp
|
Certified Assess Specialist
|
DSA
|
Division of the State Architect
|
DOR
|
California Department of Rehabilitation
|
CASI
|
Certified Access Specialist Institute
|
Page 17
APPENDIX B – COMMISSIONER ROSTER AND TERMS
Public/Disability
Public/Disability
Original
Appointment
9/19/2013
Current
Appointment
09/19/2013 -
Appointed
By
Name
Represents
Vacant
Public/Disability
Governor
Douglas Wiele Public/Business Properties 9/19/2013 09/19/2013 - Governor
Association 01/01/2014
Stephen Dolim
Public/General Business
12/10/2013
12/10/2013-
Governor
01/01/2015
Vacant Public/General Business Governor
R. Michael
Governor
Paravagna
01/01/2014
Betty Wilson Public/Disability 05/26/2009 02/28/2013 - Governor
01/01/2016
Christopher
Vaughn Downey
9/19/2013
09/19/2013 -
01/01/2015
Governor
Guy A. Leemhuis Public/Disability 05/8/2013 05/08/2013- Senate
01/01/2015
Scott Hauge
Public/General Business
07/02/2012
07/02/2013-
01/01/2017
Senate
Lillibeth Navarro Public/Disability 10/16/2009 01/27/2013 - Assembly
01/01/2017
Greg Thompson
Public/General Business
Tom Ammiano Assembly/Ex-Officio
10/07/2013
10/07/2013-
01/01/2015
Assembly
Connie Conway
Assembly/Ex-Officio
Ellen Corbett Senate/Ex-Officio
Jean Fuller
Senate/Ex-Officio
Anthony Attorney General's
Seferian Office/Ex-Officio
Chester Widom
Division of the State
Architect/Ex-Officio
Page 18
APPENDIX C - ADA VIOLATIONS LISTING
The types of ADA alleged violations have been categorized using 51 key codes consistent with Title 24 of the California Code of Regulations.
The types of ADA alleged violations have been categorized using 51 key codes consistent with Title 24 of the California Code of Regulations.
Category
|
Key Code
|
Description
|
||||||
Toilet Rooms and
Bathrooms
|
1
|
Entry doors are not accessible or not on an accessible route.
|
||||||
2
|
Clear Floor Space. Non-accessible fixtures and controls or
insufficient turn around space.
|
|||||||
3
|
Doors [Toilet stalls]. Non-accessible doors to toilet stalls
|
|||||||
4
|
Door space is not compliant.
|
|||||||
5
|
Lavatories and mirrors are not accessible.
|
|||||||
6
|
The location/height of toilets, urinals, flush controls, or toilet
paper dispensers is not compliant.
|
|||||||
7
|
Grab Bars. Grab bars in bathroom are non-existent, or existing
grab bars are not compliant.
|
|||||||
8
|
Insufficiently covered, coat racks too high, light switch too
high.
|
|||||||
9
|
Faucets. Non-accessible lever-operated, push-type, or
electronically controlled mechanisms.
|
|||||||
10
|
Bathtubs or showers are not accessible.
|
|||||||
39
|
Toilet seat cover dispenser not accessible.
|
|||||||
40
|
Hand sanitizer, liquid soap or paper towel dispenser not
accessible.
|
|||||||
46
|
Lack of unisex ADA bathrooms or any accessible bathrooms.
|
|||||||
Parking
|
11
|
Number of spaces. Parking lot does not contain minimum
number of accessible parking spaces.
|
||||||
12
|
Parking Spaces. Existing parking spaces are not compliant.
|
|||||||
13
|
No sign showing the symbol of accessibility.
|
|||||||
14
|
Loading zones/van access aisles are not compliant or non-
existent
|
|||||||
Accessible Route
and Entry
|
15
|
Routes to and from parking lot or public right of way are not
accessible. May include uneven surfaces.
|
||||||
16
|
Ramps. Curb ramps or entrance ramps are not compliant or
non-existing.
|
|||||||
17
|
General. Entry doors are not accessible or missing sign/symbol
of accessibility.
|
|||||||
Page 19
Category
|
Key Code
|
Description
|
||||||
Accessible Route
and Entry
(continued)
|
18
|
Door Hardware. Thresholds, handles, pulls, latches, locks, or
other operating devices are not accessible.
|
||||||
45
|
Accessible path is too far away or path is not clear for the
accessible route.
|
|||||||
Access within
Public Facility
|
19
|
General. Objects projecting from walls.
|
||||||
20
|
Access aisles within building are not accessible. E.g., dining or
work surfaces are not on an accessible route.
|
|||||||
21
|
Maneuvering Clearances at Doors. Required clearances are not
compliant.
|
|||||||
22
|
Stairs or Guardrails. Stairs are not compliant or lack guardrails.
|
|||||||
23
|
Handrails non-existent or not accessible.
|
|||||||
24
|
Route with inadequate signage.
|
|||||||
25
|
Wheelchair spaces in assembly areas are non-existent or not
compliant.
|
|||||||
26
|
Access Height. Heights of surfaces such as counters, bars, or
tables are not compliant.
|
|||||||
Equipment
within Public
Facility
|
27
|
Audible signals.
|
||||||
28
|
Public telephones are not wheelchair accessible.
|
|||||||
29
|
Public telephones do not have accessible volume control.
|
|||||||
30
|
General Public Equipment. Gas pumps, automatic teller
machines, or fare machines are not compliant.
|
|||||||
37
|
General Pool. Pool lifts, sloped entries, transfer walls, transfer
systems, and pool stairs are not accessible.
|
|||||||
38
|
Drinking Fountains and water coolers are not accessible.
|
|||||||
General
Violations
|
31
|
Dressing, fitting, or locker rooms are not compliant.
|
||||||
32
|
Sleeping rooms, units or suites are not accessible or
insufficient number of accessible guest rooms.
|
|||||||
33
|
Patient bedrooms or baths are not accessible.
|
|||||||
34
|
Audible and visual alarms and notification appliances are not
compliant.
|
|||||||
35
|
Amusement rides are not accessible.
|
|||||||
36
|
Bus stop, bus stop pad, station, terminal, building or other
transportation facility is not accessible.
|
|||||||
41
|
Service dog not allowed in building.
|
|||||||
Page 20
Category
|
Key Code
|
Description
|
||||||
General
Violations
(continued)
|
42
|
Lamp not accessible.
|
||||||
43
|
Shuttle van/bus not accessible.
|
|||||||
44
|
Accessible features not maintained.
|
|||||||
47
|
Website does not offer ADA options or is not accessible.
|
|||||||
48
|
Lack of separate call button.
|
|||||||
49
|
Insufficient documentation/lack of ADA access issue
|
|||||||
50
|
Lack of temporary hand controls to test drive vehicles
|
|||||||
51
|
Staff provided barrier to access
|
|||||||
Page 21
APPENDIX D – TABULATION OF CONSTRUCTION-RELATED PHYSICAL ACCESS VIOLATIONS
The table below provides a summary of all construction-related physical access violations by category for a 16-month period (see Appendix C for a listing of all violation descriptions). The tables on the following pages of this appendix provide a detailed breakdown of specific violations alleged for each of the six categories. The violation data was pulled from the complaints filed in state/federal court and in demand letters (see Appendix E for statistics on those filings). A total of 9,043 violations were alleged in the 3,047 complaints and demand letters filed.
SUMMARY OF ALLEGED CONSTRUCTION-RELATED PHYSICAL ACCESS VIOLATIONS BY CATEGORY
The table below provides a summary of all construction-related physical access violations by category for a 16-month period (see Appendix C for a listing of all violation descriptions). The tables on the following pages of this appendix provide a detailed breakdown of specific violations alleged for each of the six categories. The violation data was pulled from the complaints filed in state/federal court and in demand letters (see Appendix E for statistics on those filings). A total of 9,043 violations were alleged in the 3,047 complaints and demand letters filed.
SUMMARY OF ALLEGED CONSTRUCTION-RELATED PHYSICAL ACCESS VIOLATIONS BY CATEGORY
CATEGORY
Toilet Rooms and Bathrooms |
2012
Sep Oct Nov Dec 83 12 76 35 |
2013
Jan Feb Mar Apr May June July Aug Sep Oct Nov Dec 74 71 154 194 256 133 178 109 209 260 65 202 |
Totals
2,111 |
||||||||||||||||
Parking
|
4
|
27
|
44
|
48
|
160
|
168
|
200
|
297
|
276
|
241
|
517
|
319
|
652
|
301
|
106
|
315
|
3,675
|
||
Accessible
Route and Entry
|
24
|
12
|
2
|
9
|
59
|
87
|
98
|
159
|
146
|
91
|
322
|
116
|
240
|
190
|
56
|
166
|
1,777
|
||
Access within
Public Facility
|
1
|
4
|
1
|
3
|
31
|
84
|
76
|
106
|
103
|
68
|
89
|
75
|
112
|
128
|
26
|
101
|
1,008
|
||
Equipment
within Public
Facility
|
-
|
-
|
-
|
-
|
14
|
34
|
37
|
10
|
29
|
40
|
32
|
12
|
25
|
45
|
6
|
12
|
296
|
||
General
Violations
Totals |
-
112 |
2
57 |
1
124 |
6
101 |
7
345 |
9
453 |
12
577 |
20
786 |
12
822 |
13
586 |
19
1,157 |
6
637 |
19
1,257 |
20
944 |
5
264 |
25
821 |
176
9,043
|
||
Page 22
Key
Code
Category: Toilet Rooms/Bathrooms
ADA Alleged Violation 2012 2013
Sep Oct Nov Dec Jan Feb Mar Apr May June July Aug Sep Oct Nov Dec
ADA Alleged Violation 2012 2013
Sep Oct Nov Dec Jan Feb Mar Apr May June July Aug Sep Oct Nov Dec
-
1 Entry doors are not accessible or not
on an accessible route.
Clear Floor Space. Non-accessible
-
2 fixtures and controls or insufficient
turn around space.
-
3 Doors [Toilet stalls]. Non-accessible
doors to toilet stalls
-
4 Door space is not compliant.
-
5 Lavatories and mirrors are not
accessible.
The location/height of toilets, urinals,
-
6 flush controls, or toilet paper
dispensers are not compliant.
Grab Bars. Grab bars in bathroom are
-
7 non-existent, or existing grab bars are
not compliant.
-
8 Insufficiently covered, coat racks too
high, light switch too high.
Faucets. Non-accessible lever-
-
9 operated, push-type, or electronically
controlled mechanisms.
-
10 Bathtubs or showers are not
accessible.
-
39 Toilet seat cover dispenser not
accessible.
-
40 Hand sanitizer, liquid soap or paper
towel dispenser not accessible.
0 2 0
0 2 0
0 0 0 22 2 1 16 1 30
0 0 4
19 3 23 1 0 0
7 0 0
0 0 0 18 2 18
0 0 0
0 2 0
0 0 0 22 2 1 16 1 30
0 0 4
19 3 23 1 0 0
7 0 0
0 0 0 18 2 18
0 0 0
3 8 12 19
2 3 7 12
0 0 0 7 3 13 12 16 8 9 13 19
4 3 6 13
8 16 7 19 0 3 3 7
0 0 2 3
0 1 3 3 7 18 1 8
0 0 5 9 0 0 0 19
0 0 0 7 3 13 12 16 8 9 13 19
4 3 6 13
8 16 7 19 0 3 3 7
0 0 2 3
0 1 3 3 7 18 1 8
0 0 5 9 0 0 0 19
39 44
26 24
26 24
19 24
14 21
1 13
14 34
12 18
8 9
43 9
26 5
7 4
Total
43 313
20 192 6 81
1 103 23 274
11 147 25 310
34 222 6 65
6 37 10 176
17 153 0 38
20 192 6 81
1 103 23 274
11 147 25 310
34 222 6 65
6 37 10 176
17 153 0 38
46 LackofunisexADAbathroomsorany 0 0 0
accessible bathrooms.
5126
8 14 15 12
13 19 12 12 0 1 0 0
13 19 12 12 0 1 0 0
2 33 2
7 16 14 8
8 26 26 6 5 11 2 0
8 26 26 6 5 11 2 0
TOTALS 8312763574
71 154 194 256 133 178 109 209 260 65 202 2,111
Page 23
11 15
2498720 1
15 23
15 19
29 41
22 32
9 19
29 41
22 32
9 19
15 13
9 13
21 22 13 28 3 6
21 22 13 28 3 6
19 22
9 24
7 21
10 20
1 3
7 21
10 20
1 3
41 7
15 2
43 6 35 14 5 1
43 6 35 14 5 1
Category: Parking
Key
Code
ADA Alleged
Violation
Number of spaces. Parking lot does not contain minimum number of accessible parking spaces.
Number of spaces. Parking lot does not contain minimum number of accessible parking spaces.
2012
Sep Oct Nov Dec
1 5 10 15
Sep Oct Nov Dec
1 5 10 15
2013
Jan Feb Mar Apr May June July Aug Sep Oct Nov Dec
46 46 50 50 62 26 76 51 73 66 20 44
Jan Feb Mar Apr May June July Aug Sep Oct Nov Dec
46 46 50 50 62 26 76 51 73 66 20 44
Total Per
Violation
11
641
Parking Spaces.
Existing parking
spaces are not
compliant.
12
1
8
12
15
40
54
62
98
81
20
109
81
247
54
24
73
979
13
No sign showing
the symbol of
accessibility.
1
8
11
9
27
15
32
60
50
38
105
34
107
68
22
58
645
14
1,410
Loading
zones/van access
aislesarenot
compliant or
non-existent
1 6 11
9 47 53 56 89 83 157 227 153 225 113 40 140
Totals
4 27 44 48 160 168 200 297 276 241 517 319 652 301 106 315 3,675
Page 24
Category: Accessible Route and Entry
Key
Code
ADA Alleged
Violation
Routes to and from parking lot or public right of way are not accessible. May include uneven surfaces.
Routes to and from parking lot or public right of way are not accessible. May include uneven surfaces.
2012
Sep Oct Nov Dec
0616
Sep Oct Nov Dec
0616
2013
Jan Feb Mar Apr May June July Aug Sep Oct Nov Dec
30 38 39 71 71 51 75 36 92 81 9 43
Jan Feb Mar Apr May June July Aug Sep Oct Nov Dec
30 38 39 71 71 51 75 36 92 81 9 43
Total Per
Violation
15
649
Ramps. Curb
ramps or entrance
ramps are not
compliant or non-
existing.
16
0
1
0
0
7
13
14
48
30
16
115
39
53
35
12
36
419
General. Entry
doors are not
accessible or
missing
sign/symbol of
accessibility.
17
0
1
0
1
12
16
34
28
35
20
85
20
61
56
13
65
447
Door Hardware.
Thresholds,
handles, pulls,
latches, locks, or
other operating
devices are not
accessible.
18
24
4
2
8
8
5
3
29
11
9
9
137
45
1
10
2
6
6
125
Accessible path is
too far away or
pathisnotclear 0 0 0 0 2 12 1 7 7 2 18 15 23 9 16 13 for the accessible
route.
Totals 24 12 2 9 59 87 98 159 146 91 322 116 240 190 56 166 1,777
too far away or
pathisnotclear 0 0 0 0 2 12 1 7 7 2 18 15 23 9 16 13 for the accessible
route.
Totals 24 12 2 9 59 87 98 159 146 91 322 116 240 190 56 166 1,777
Page 25
Key ADA Alleged Violation
Code
-
19 General.Objectsprojecting
from walls.
Access aisles within
-
20 building are not accessible.
E.g., dining or work surfaces are not on an accessible route.
-
21 Maneuvering Clearances at
Doors. Required clearances
are not compliant.
-
22 Stairs or Guardrails. Stairs
are not compliant or lack
guardrails.
-
23 Handrails non-existent or
not accessible.
-
24 Route with inadequate
signage.
-
25 Wheelchair spaces in
assembly areas are non-
existent or not compliant.
Access Height. Heights of
-
26 surfaces such as counters,
bars, or tables are not compliant.
Totals
Category: Accessible within Public Facility
2012 2013 Total Per Sep Oct Nov Dec Jan Feb Mar Apr May June July Aug Sep Oct Nov Dec Violation
2012 2013 Total Per Sep Oct Nov Dec Jan Feb Mar Apr May June July Aug Sep Oct Nov Dec Violation
0 0 0
1 0 0
0 0 0
0 0 0
0 0 0 0 0 0
0 1 0 0 3 1
0 0 0
0 0 0
0 0 0 0 0 0
0 1 0 0 3 1
0 0 0 0 1 0 1 0 0 2 3 0 1 8
0 18 42 26 44 49 16 34 27 38 38 10 30 373
0 0
0 0
0 1 0 0
1 4 2 8
0 0
0 1 0 0
1 4 2 8
96403116122 35
214012021300 25
01210020304 14 02312001111 12
364111910503 49 28 21 48 50 43 53 34 54 74 13 60 492
01210020304 14 02312001111 12
364111910503 49 28 21 48 50 43 53 34 54 74 13 60 492
1 4 1 3318476106103688975112128261011,008
Page 26
Category: Equipment within Public Facility
Key
Code
27
27
ADA Alleged
Violation
Audible signals
Audible signals
2012
Sep Oct Nov Dec 0000
Sep Oct Nov Dec 0000
2013
Jan Feb Mar Apr May June July Aug Sep Oct Nov Dec 0 2 10 0 1 14 9 4 15 38 2 7
Jan Feb Mar Apr May June July Aug Sep Oct Nov Dec 0 2 10 0 1 14 9 4 15 38 2 7
Total Per
Violation
102
102
28
Public telephones
are not wheelchair
accessible.
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
1
1
Public telephones
do not have
accessible volume
control.
29
0
0
0
0
0
0
4
0
0
0
0
0
0
1
0
0
5
30
General Public
Equipment. Gas
pumps, automatic
teller machines, or
fare machines are
not compliant.
0
0
0
0
13
30
6
26
19
6
7
3
3
160
General Pool. Pool
lifts, sloped
entries, transfer
walls, transfer
systems, and pool
stairs are not
accessible.
19
26
2
37
0
0
0
0
1
2
4
3
0
0
3
2
3
3
2
1
24
38
4
Drinking Fountains
and water coolers
are not accessible.
0000000120100000
Totals
0 0 0 0 14 34 37 10 29 40 32 12 25 45 6 12 296
Page 27
Key
Code
Category: General Violations
ADA Alleged Violation 2012 2013
Sep Oct Nov Dec Jan Feb Mar Apr May June July Aug Sep Oct Nov Dec
ADA Alleged Violation 2012 2013
Sep Oct Nov Dec Jan Feb Mar Apr May June July Aug Sep Oct Nov Dec
-
31 Dressing,fitting,orlockerroomsare
not compliant.
Sleeping rooms, units or suites are
-
32 not accessible or insufficient number
of accessible guest rooms.
-
33 Patientbedroomsorbathsarenot
accessible.
Audible and visual alarms and
-
34 notification appliances are not
compliant.
-
35 Amusement rides are not accessible.
Bus stop, bus stop pad, station,
-
36 terminal, building or other
transportation facility is not
accessible.
-
41 Servicedognotallowedinbuilding.
-
42 Lamp not accessible.
-
43 Shuttle van/bus not accessible.
-
44 Accessible features not maintained.
-
47 WebsitedoesnotofferADAoptions
or is not accessible.
-
48 Lack of separate call button.
-
49 Insufficient documentation/lack of
ADA access issue
-
50 Lackoftemporaryhandcontrolsto
test drive vehicles
-
51 Staff provided barrier to access
Totals
0 0 0
0 0 0
0 0 0
0 0 0 0 0 0
0 0 0
0 0 1 0 0 0 0 0 0
0 1 0
0 1 0 0 0 0 0 0 0
0 0 0 0 0 0
0 2 1
0 0 0
0 0 0
0 0 0 0 0 0
0 0 0
0 0 1 0 0 0 0 0 0
0 1 0
0 1 0 0 0 0 0 0 0
0 0 0 0 0 0
0 2 1
0 0
0 0
0 0
0 0 0 1
0 0
4 1 0 1 0 2
0 2
1 0 1 0 0 0
0 0
0 0
0 0
0 0
0 0 0 1
0 0
4 1 0 1 0 2
0 2
1 0 1 0 0 0
0 0
0 0
0 0 1 2
3 0 4 3
0 0 0 0
0 0 1 0 0 0 0 0
0 1 0 2
2 8 1 3 1 0 1 0 1 0 1 1
1 2 10 1
0 0 0 0 0 0 1 0 1 1 0 0
0 0 0 0
0 0 0 0
3 0 4 3
0 0 0 0
0 0 1 0 0 0 0 0
0 1 0 2
2 8 1 3 1 0 1 0 1 0 1 1
1 2 10 1
0 0 0 0 0 0 1 0 1 1 0 0
0 0 0 0
0 0 0 0
0 0
1 12
0 0
0 1 1 0
0 1
0 0 0 1 1 0
9 0
0 0 0 1 1 2
0 0 0 1
1 12
0 0
0 1 1 0
0 1
0 0 0 1 1 0
9 0
0 0 0 1 1 2
0 0 0 1
0 0 0 1
0 13 3 1
0 0 1 0
0 0 1 1 0 0 0 0
0 1 0 0
0 0 0 1 0 0 0 0 0 0 0 0
1 0 10 0
1 0 0 0 0 1 0 0 1 3 1 0
1 0 1 0 2 1 3 1
0 13 3 1
0 0 1 0
0 0 1 1 0 0 0 0
0 1 0 0
0 0 0 1 0 0 0 0 0 0 0 0
1 0 10 0
1 0 0 0 0 1 0 0 1 3 1 0
1 0 1 0 2 1 3 1
Total
0 4
6 46 0 1
0 4 0 2
0 5 1 22
0 4 1 7
15 52 0 3
0 4 1 11
0 2 1 9
6 46 0 1
0 4 0 2
0 5 1 22
0 4 1 7
15 52 0 3
0 4 1 11
0 2 1 9
6 7 9122012131961920525176
Page 28
APPENDIX E – COMPLAINTS FILED IN STATE/FEDERAL COURT AND DEMAND LETTERS
MONTH FEDERAL CASES STATE CASES DEMAND LETTERS TOTAL PER MONTH
MONTH FEDERAL CASES STATE CASES DEMAND LETTERS TOTAL PER MONTH
12-Sep
12-Nov
0
0
0
15
29
33
11
53
74
0
5
30
33
12-Oct
16
0
53
12-Dec
13-Jan
0
31
67
10
41
112
13-Feb
14
117
13-Mar
35
92
19
146
13-Apr
48
229
300
13-May
13-Jun
57
245
23
5
307
13-Jul
54
52
123
337
12
189
400
60
77
66
197
239
137
11
13-Aug
20
14
277
13-Sep
330
13-Oct
45
248
13-Nov
13-Dec
TOTAL
70
64
77
133
2078
NOTE: The total number of complaints and letters is less than the total number of alleged violations since a single
complaint or letter may allege multiple violations.
Page 29
70
64
217
261
627
342
3047
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