April 7, 2011 Enforcing the Architectural Barriers Act (ABA)

Slide 1:
Welcome to the Accessibility Online Webinar Series a collaborative program between
The ADA National Network and the US Access Board. The Session is scheduled to begin at 2:30pm Eastern Standard 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 712 432 3100 code 930098 # (This is not a Toll Free number)
The content and materials of this training are property of the US Access Board and the DBTAC ‐
Great Lakes ADA Center and cannot be used and/or distributed without permission. This program is funded under award #H133A060097 from the U.S. Department of Education through the auspices of the National Institute on Disability and Rehabilitation Research (NIDRR) and an inter‐agency agreement with the U.S. Access Board. For permission to use training content or obtain copies of materials used as part of this program please contact us by email at adata@adagreatlakes.org or toll free (877)232‐1990 (V/TTY) www.AccessibilityOnline.org

Slide 2:
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Slide 3:
Enforcing the Architectural Barriers Act (ABA): Making Federally-Funded Buildings Accessible 

Slide 4:
Presenters 
U.S. Access Board
Photo of Peg Blechman, Compliance Specialist
Photo of Jeffery Hill, Senior Compliance Specialist

Slide 5:
Session Agenda
Legal Authority
ABA-Covered Facilities
Most Common Barriers to Accessibility 
ABA Complaints
ABA Complaint Investigation Process
Q & A

Slide 6:
Legal Authority
The Architectural Barriers Act of 1968
Section 502 of the Rehabilitation Act of 1973
36 Code of Federal Regulations Part 1150

Slide 7:
Legal Authority
Architectural Barriers Act (ABA) of 1968, as amended Requires that facilities which are:
(a) designed, built or altered by or on behalf of the United States,
(b) Leased, in whole or in part by the United States, or
(c) Financed in whole or in part by a grant or loan made by the United States after August 12, 1968
BE ACCESSIBLE TO PERSONS WITH DISABILITIES.

Slide 8:
Legal Authority
Section 502 of the Rehabilitation Act of 1973 authorizes the Access Board to ensure that buildings financed with certain Federal funds are in compliance with the ABA by:
1. Establishing and maintaining minimum guidelines for standards issued by GSA, DoD, HUD and USPS; 
2. Enforcing the ABA by investigating complaints concerning particular facilities.

Slide 9:
Legal Authority
36 Code of Federal Regulations (CFR) Part 1150 contains enforcement procedures related to the ABA

Slide 10:
ABA-Covered Facilities Federal and non-Federal Buildings;
Newly-constructed, altered or leased after 1968

Slide 11:
ABA-Covered Facilities
Federal Examples:
Federal office buildings
Social Security offices
National parks
United States Post Offices
Federal prisons
Federal courthouses
Photo of federal building

Slide 12:
ABA-Covered Facilities
Non-Federal Examples:
“Financed in whole or in part by a grant or loan made by the United States”

Certain Schools
Certain Mass Transit Stations
County Courthouses and Jails
Public Housing

Slide 13:
ABA-Covered Facilities
While Federal facilities built before 1968 are not covered, alterations and leases undertaken after 1968 can trigger ABA coverage

Slide 14:
Most Common Barriers to Accessibility:
Accessible Routes
Accessible Parking
Entrances
Interior Doors
Toilet Rooms

Slide 15: 
Accessible Route Width.
Photo of concrete security bollards adjacent to the accessible route

Slide 16:
Accessible Route Cross Slope
Photo of person using a wheelchair traveling up a ramp with a severe cross slope

Slide 17:
Accessible Route Surface
Close up photo of wheelchair wheels and front caster maneuvering through loose gravel

Slide 18:
Accessible Route Curb Ramp
Photo of a person using a wheelchair trying to maneuver up a curb ramp with no landing at the top

Slide 19: 
Accessible Parking
Required Number of Accessible Parking Spaces.
Total Number of Parking Spaces Provided in Parking Facility	 Minimum Number of accessible parking spaces
1 to 25 =1
26 to 50 =2
51 to 75 =3
76 to 100 =4 
101 to 150 =5 
151 to 200 =6 
201 to 300 =7 
301 to 400 =8 
401 to 500 =9 
501 to 1000 =2 percent of total 1001 and over 20, plus 1 for each 100, or fraction thereof, over   

Slide 20:
Accessible Parking 
Located Closest to the Accessible Entrance
Photo of car parked in accessible parking space located directly in front of the entrance of a post office

Slide 21:
Accessible Parking Level Access Aisle
Photo of built-up curb ramp in access aisle 

Slide 22: 
Accessible Parking Dimensions of Accessible Parking Spaces
Drawing of the dimensions of accessible parking space and van accessible parking space

Slide 23:
Accessible Parking Adjacent Access Aisle
Drawing of an access aisle adjacent to an accessible parking space

Slide 24:
Accessible Parking
Level Accessible Parking Space
Photo of accessible parking space that is not level due to a built-up curb ramp at the front of the parking space and adjacent to the sidewalk

Slide 25:
Entrances
Inaccessible Entrance due to Steps
Photo of entrance that is not accessible due to steps  

Slide 26:
Entrances Maneuvering Clearance
Drawing of the maneuvering clearance at the latch approach, pull side of an entrance

Slide 27:
Interior Doors
Heavy Interior Doors
Photo of an interior door

Slide 28:
Interior Doors Distance between Two Doors in Series
Drawing of required distance between two doors in series

Slide 29:
Toilet Rooms
Dispenser out of Reach Range
Photo of water closet with large dual roll toilet paper dispenser below side grab bar and out of reach range

Slide 30:
Toilet Rooms
Turning Space and Dimensions
Drawing of turning space in a Toilet Room 

Slide 31:
ABA Complaints
Who Can Initiate an ABA Complaint?
How Do You Initiate an ABA Complaint?
Facility Types FY03-FY07 
Barriers to Accessibility FY04-FY08
ABA Complaint Investigation Process
Written ABA Complaint

Slide 32:
ABA Complaints
Who can initiate an ABA complaint?
Anyone
You do not need to have a disability

Slide 33:
ABA Complaints
How do you initiate an ABA Complaint?
When a Complainant sends the Access Board a written complaint

Slide 34:
ABA Complaints
Facility Types FY03-FY07 
Facility Types	Percentage
United States Post Offices=63%
Office Buildings/Suites=10%
Recreational=9%
Educational=4%
Health Care=3%
State/Local Government=3%
Courthouses & Other Judicial=2%
Other=6%
TOTAL	100%

Slide 35:
ABA Complaints Barriers to Accessibility FY04-FY08
Parking and Passenger loading zones=19%
Entrances=17%
Accessible Route =14%
Doors =12%
Ramps=11%
Curb ramps=3%
Bath Rooms, Bathing Facilities and Shower Rooms=3%
Stairs=3%
Seating, Tables and Work Surfaces=3%
Signage=2%
Ground and Floor Surfaces=2%
Space Allowances and Reach Ranges=2%
Elevators=7%
Other=11%

Slide 36:
ABA Complaints 
ABA Complaint must be in writing:
No special form is required, but template on-line at www.access-board.gov/enforce.htm 
Email:  enforce@access-board.gov or in the Access Board brochure: 
“About the Architectural Barriers Act and Other Disability Rights Laws”  

Slide 37:
ABA Complaints 
Written ABA Complaint Must Contain: Facility name and address; brief description of the each barrier to accessibility 

Slide 38:
ABA Complaints 
A Complaint may contain: Complainant’s name, address, phone number
Access Board will not disclose Complainant’s identity a complaint also may be filed anonymously

Slide 39:
ABA Complaints
Who at Access Board handles complaints?
Compliance Specialists, Enforcement Section, Office of General Counsel 

Slide 40:
ABA Complaint Investigation Process
Step 1 Preliminary Analysis
Step 2 Complaint Investigation
Step 3 Covered by the ABA?

Slide 41:
ABA Complaint Investigation Process
Step 4 Violation of ABA?
Step 5 Require Corrective Action
Step 6 Monitor Corrective Actions

Slide 42:
ABA Complaint Investigation Process
Step 7 Close the complaint

Slide 43:
Step 1 Preliminary Analysis If facility could not be covered by the ABA, 
Do not open a Complaint Send the Complainant a letter explaining our findings

Slide 44: 
Step 1 Preliminary Analysis
If facility could be covered by the ABA, 
Open a Complaint investigation 
Send the Complainant an Acknowledgement Letter 

Slide 45:
Step 1
Preliminary Analysis If facility could not be covered by the ABA,
Do not open a Complaint Send the Complainant a letter explaining our findings

Slide 46:
Step 2
Complaint Investigation 
Identify appropriate Federal agency
Send Agency: Letter of Inquiry and Complaint allegations receive from Agency: Facility questionnaire

Slide 47:
Step 3
Covered by the ABA?
Three pronged test – Was this facility
1. Designed, built or altered by or on behalf of the United States
2. Leased in whole or in part by the United States, or
3. Financed in whole or part by a grant or loan made by the United States after August 12, 1968?

Slide 48:
Step 4
Violation of the ABA?
Is the alleged accessibility barrier inconsistent with the ABA?  

Slide 49:
Step 4
Violation of the ABA?
Review the accessibility barriers as stated in the complaint, 
The applicable ABA requirements,
Photographs, architectural drawings, other relevant materials, 
And consult, as necessary, with other Board staff

Slide 50:
Step 4
Violation of the ABA?
Applicable ABA Requirements
Standard Setting Agency DOD Current Requirements October 2008 Architectural Barriers Act Accessibility Standards (ABAAS)
Standard Setting Agencies GSA Current Requirements May 2006 ABAAS
Standard Setting Agencies USPS Current Requirements October 2005 ABAAS
Standard Setting Agencies HUD November 1984Uniform Federal Accessibility Standards (UFAS)

Slide 51:
Step 5
Require Corrective Action
Once determine that there is an ABA Violation: require the Agency take Corrective Action

Slide 52:
Step 6
Monitor Corrective Action
Corrective Action: Agency must submit plan based on the applicable ABA requirements

Slide 53:
Step 6
Monitor Corrective Action
Voluntary Corrective Action: Some agencies agree to take voluntary corrective action to remove an accessibility barrier

Slide 54:
Step 6
Monitor Corrective Action
Review Corrective Action Plan

Slide 55:
Step 6
Monitor Corrective Action
Approve Corrective Action Plan
Notify in writing: Complainant Agency

Slide 56:
Step 6
Monitor Corrective Action
Monitor by: email updates; Architectural or dimensioned drawings; Photograph

Slide 57:
Step 6
Monitor Corrective Action
Agency verifies: Corrective Action completed and meets applicable ABA requirements

Slide 58:
Step 7
Close the Complaint
Compliance Specialist - 	notifies Complainant in writing of the completed Corrective Action and gives the Complainant 15 days to respond.

Slide 59:
Step 7
If Complainant does not provide contradictory information compliance Specialist notifies the Agency that Complaint is closed.

Slide 60:
Step 7
Close the Complaint
When Compliance Specialist determines facility not covered by the ABA or no violation of ABA requirements notifies Complainant

Slide 61:
Step 7
If Compliance Specialist believes that another accessibility law may apply
Provides the complainant with:
Potentially applicable accessibility law(s) and enforcing Agency contact information

Slide 62:
Step 7
Close the Complaint
Compliance Specialist will not forward a Complaint directly to another Agency
Access Board regulations require that we do not disclose Complainant’s identity to ensure protection of privacy

Slide 63:
Complaint:  Example 1
A Federal facility with no accessible parking investigation reveals that the parking is on-street parking controlled by the local government

Slide 64:
Complaint:  Example 2
A Federal facility with an inaccessible entrance due to steps
Investigation reveals that the facility 
Built before 1968
Entrance and entrance steps not altered since 1968 

Slide 65:
How to File an ABA Complaint
Send a complaint in writing to the Access Board by mail: U.S. Access Board 1331 F Street, NW, Suite 1000 Washington, DC 20004-1111by email: enforce@access-board.gov by fax: (202) 272-0081 

Slide 66:
How to File an ABA Complaint
No special form is required, but
On-line: www.access-board.gov/enforce.htm
Or in the Access Board brochure: “About the Architectural Barriers Act and Other Disability Rights Laws”  

Slide 67:
Written ABA Complaint
Example:
Your Name: John Smith
Address: 2222 Any Street, Any Town, Any State 22222 Daytime phone: 222-222-2222

Slide 68:
Written ABA Complaint
If provided, we will protect the Complainant’s identity It is optional, but helpful so that we can contact you with any questions
Complaints may also be filed anonymously.

Slide 69:
Written ABA Complaint
Example:
Building or Facility: John Doe Federal Building
Address: 11 Any Street Any City, Any State 11111 Phone number: 111-111-1111

Slide 70:
Written ABA Complaint 
Precise description of each barrier:
Examples: the entrance is inaccessible; there are steps to the entrance; there are no accessible parking spaces; and the interior doors are heavy.

Slide 71:
Other ABA Complaint Resources
On Access Board website at: www.access-board.gov/enforce.htm

Slide 72:
Access Board Information
Website:  www.access-board.gov
Phone numbers:
(202) 272-0080 (V) 
(202) 272-0082 (TTY) 
(202) 272-0081 (FAX)
(800) 872-2253 (V)   
(800) 993-2822 (TTY)  

Slide 73:
Access Board Information
Peg Blechman, Compliance Specialist blechman@access-board.gov 
Jeff Hill, Senior Compliance Specialist hill@access-board.gov 

Slide 74: Questions? You May Type and Submit questions in the Chat Area Text Box or press Control-M and enter text in the Chat Area

Slide 75:
Thank you for participating in today’s webinar
Next scheduled session:
“Open Question and Answer Session with Access Board Accessibility Specialists” 
May 5th, 2011
www.accessibilityonling.org 877-232-1990 (V/TTY)