HomeMy WebLinkAboutCOM 0693.000 1998-2000 and Exh AMarch 10, 2000
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TO: Al] Councilmembers
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FR. Norm Olesen, ADA Coor orator
SUB Island of Hawai`i Self - Evaluation & Transitional Plan for accessibility.to public
facilities
Submitted for your information and for public review are DRAFT Exhibits A, B and C of
the Island of Hawai`i Self - Evaluation & Transitional Plan for Accessibility to Public
Facilities, dated February 2000. This report was prepared for the Department of Parks &
Recreation by Beimborn/Kekoa Associates, Architects.
The FINAL plans for your review and consideration are pending completion and will be
submitted to you shortly.
Att. - On file in the Office of the County Clerk.
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COUNTY OF HAWAII
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DEPARTMENT OF PARKS & RECREATION
REPORT PREPARED BY
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BEIMBORNIKEKOA ASSOCIATES, ARCHITECTS
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ISLAND OF HAWAII
SELF - EVALUATION & TRANSITIONAL PLAN
FOR
ACCESSIBILITY TO PUBLIC FACILITIES
Prepared for:
County of Hawaii
Department of Parks & Recreation
25 Aupuni Street
Hilo, Hawaii 96720
Prepared by:
Beimborn /Kekoa Associates
Architects
P. 0. Box 331
Kealakekua, Hawaii 96750
(808) 328-2324
February, 2000
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SELF - EVALUATION AND TRANSITIONAL PLAN
This Self- Evaluation & Transitional Plan for Accessibility to Public Facilities has
been developed in partial fulfillment of the County of Hawaii's requirements under the
implementing regulations for Title II of the Americans with Disabilities Act of 1990 found
at Title 28 Code of Federal Regulations 35.150 and the Consent Decree and Order filed
in Russell et al v. County of Hawaii in USDC Civil No. 97- 01102SPK — June 4, 1998.
The Plan provides a Self Evaluation and Transition Plan for all County of Hawaii
facilities and is significant in that it establishes the County's commitment to the
development and maintenance of policies, programs, and facilities that include all of its
citizenry.
Development of the Self - Evaluation & Transitional Plan was to focus on the
following concerns and obligations:
• Initiate site investigations to identify and record all existing architectural
barriers that limited equal access for Americans with disabilities to affected
recreational areas and public facilities.
• Evaluate field -data to assess corrective measures to be taken and to
determine all probable cost estimate factors required to implement such
corrective actions thereby ensuring full compliance with the requirements of
the Americans with Disabilities Act Accessibility Guidelines (ADAAG).
• Compile, correlate, and incorporate all necessary data to develop a
comprehensive Self- Evaluation & Transitional Plan for review and evaluation
by the County of Hawaii.
To inform concerned citizens on the subject matter, public meetings will be
conducted in Kona, Waimea and Hilo to encourage and assess public opinions on the
merits of this report. All public suggestions or comments approved by the County of
Hawaii will be incorporated into and be made a part of the final documented report.
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Many of the facilities under the jurisdiction of the Department of Parks and
Recreation are in need of renovation. Many facilities are not accessible, including
County beaches and parks. In ensuring compliance with ADA, the following
recommendation is offered:
The County will ensure that all building and facilities conform to the requirements
of the ADAAG, per Title 11 of the ADA for county- funded public developments. New
developments and renovations must comply with these standards. The Commission on
Persons with Disabilities shall review all county plans and specifications for the
construction of buildings, facilities, and sites prior to construction. No project shall
proceed to construction without a completed and clean document review from the
Commission. The County shall develop a procedure to ensure that the County ADA
Coordinator is informed of all plans prior to construction to ensure compliance with
accessibility requirements.'
The process of making County parks and recreation facilities accessible to all
individuals will be an ongoing one and the Mayor's Committee on People with
Disabilities is encouraged to continue to review accessibility issues. The Department
does not have to take any action that it can demonstrate would create a hazardous
condition or would represent an undue financial and administrative burden. The
determination that undue burdens would result must be based on an evaluation of all
resources available. For example, if a barrier removal action is judged unduly
burdensome, the County's Department of Parks and Recreation must consider other
options for providing access to the benefits and services of the activity by individuals
with disabilities.
The County of Hawaii does not discriminate on the basis of disability in the
admissions or access to, or treatment or employment in, its programs or activities.
Norman Olesen, ADA Coordinator for the County of Hawaii, has been designated to
coordinate compliance with the non - discrimination requirements contained in the
Department of Justice regulations implementing Subtitle A of Title II of the Americans
with Disabilities Act of 1990 (42 U.S.C. 12131), which prohibits discrimination on the
basis of disability by public agencies. Mr. Olesen may be reached at the:
Office of the Mayor — County of Hawaii
25 Aupuni Street Hilo, HI 96720
(808) 961-8223 (Phone)
(808) 961 -8521 (Voice/TDD)
(808) 961 -6553 (Fax)
• •
ADA REQUIREMENTS
The Americans with Disabilities Act (ADA) signed by President Bush on
July 26, 1990 is a comprehensive civil rights law that provides equal access to
goods, services, and facilities offered to the general public to people with
disabilities. The ADA is a Civil Rights Act that guarantees accessibility to
programs and facilities for people with disabilities. It provides protection to
individuals with disabilities that are like those provided to individuals on the basis
of race, sex, national origin, and religion. It guarantees equal opportunity for
individuals with disabilities in employment, public accommodations,
transportation, State and local government services, and telecommunications.
Furthermore, the ADA is divided into five (5) Titles:
TITLE I — EMPLOYMENT prohibits covered employers from discriminating
against a "qualified individual with a disability" with respect to job applications,
hiring, advancement, discharge, compensation, training, or other terms,
conditions, or privileges of employment. Included in the prohibition is the use of
qualification standards, employment tests, or selection criteria that tend to screen
out individuals with disabilities, unless the employer can demonstrate the
procedure is job - related.
TITLE II — PUBLIC ENTITIES prohibit discriminating against qualified
individuals with disabilities or excluding them from the services, programs, or
activities by the public entities including (a) state or local government, (b) any
department, agency, special purpose district, or other instrumentality of a state or
states or local government, (c) District of Columbia, Commonwealth of Puerto
Rico, Guam, American Samoa, the Virgin Islands, Trust Territory of the Pacific
Islands, and the Commonwealth of the Northern Mariana Islands, (d) the National
Railroad Passenger Corporation, and any commuter authority.
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TITLE III — PUBLIC ACCOMMODATIONS applies to public accommodation
and commercial facilities. (a) "Public accommodation" includes places of lodging,
establishments that serve food or drink, places of exhibition or entertainment,
gathering places, retail sales and rental establishments, service establishments,
public transportation terminals, places of public display or collection, places of
education, social service centers, and places of exercise or recreation.
(b) "Commercial facilities are places that are intended for non - residential use (by a
private entity) and whose operations will affect commerce.
TITLE IV — TELECOMMUNICATIONS requires (a) telephone companies
must provide "telecommunications relay service" throughout their service areas,
relay services operate 24 hours a day, seven days a week, operators maintain
confidentiality of messages, and users pay rates no greater than those paid for
functionally equivalent voice communications services. (b) Television public service
announcements produced or funded in whole or in part with federal money include
closed captioning.
TITLE V — MISCELLANEOUS PROVISIONS assures that ADA does not limit
or invalidate other federal or state laws that provide equal or greater protection for
the rights of persons with disabilities. However, states are subject to the provisions
of ADA, and courts may provide the same remedies against a state as against any
other private or public entity.
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• •
LEGAL REQUIREMENTS
On August 28, 1997 a lawsuit (Alexa Russell v. County of Hawaii, Civil No.
97 -01102 SPK) was filed alleging that the County of Hawaii was not in full
compliance with Title II of the Americans with Disabilities Act, 42 U.S.C. Section
12132 et seq. ( "ADA Title 11 ") and 28 C.F.R. Sections 35.105(a) [Self - Evaluation]
and 35.150(d) [Transition Plan], by failing to adopt and implement a Self -
Evaluation and a complete Transition Plan that adequately addresses the
accessibility of recreational areas and county parks under the jurisdiction of the
County of Hawaii; and whereas, plaintiffs and the County recognize the
importance of the accessibility of recreational areas and parks, which are under
the jurisdiction of the County, to individuals with ambulatory disabilities.
The lawsuit was settled on the following terms:
(1) Within three (3) months of the filing of the Settlement Agreement,
Release and Order, the County of Hawaii must hire an ADA expert
who will conduct a Self- Evaluation and prepare a Transition Plan of
the services, programs and activities of the Department of Parks
and Recreation;
(2) In addition, the County of Hawaii shall conduct a Self - Evaluation
and prepare a Transition Plan of the accessibility of the facilities
under the jurisdiction of the Department of Parks and Recreation.
(3) The Self- Evaluation and Transition Plans must be done in
accordance with the standards set forth in the Americans with
Disabilities Act, 42 U.S.C. Section 12101, et seq.;
a
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(4) Individuals with disabilities or organizations representing individuals
with disabilities shall be provided an opportunity to participate in the
self - evaluation processes by submitting comments to the County of
Hawaii.
(5)
(6) The County of Hawaii shall pay all reasonable attorneys' fees and
cost, and the County of Hawaii's ADA expert's fees and costs;
(
The Self- Evaluations and Transition Plans must be completed
within no more than twenty-four (24) months from the date the
Settlement Agreement is approved by the Court;
In addition, class members are notified that the County of Hawaii
has adopted Rules and Regulations Relating to the Grievance
Procedures for Complaints of Disability Discrimination. This
grievance procedure allows for informal resolution of complaints of
disability discrimination at the County level. The grievance
procedure is voluntary and non - binding, and class members are
urged to consider using it to resolve complaints.
• •
The Self - Evaluation & Transitional Plan includes:
• COVER PAGE
Photo of Island of Hawaii with the following Exhibits designated
in center of island:
Exhibit 'A' Summary
Exhibit 'B' Zones 1, 2, 3, 4
Exhibit 'C' Zones 5, 6, 7, 8, 9
• TABLE OF CONTENTS
• INTRODUCTION
• ISLAND OF HAWAII - OVERVIEW OF ZONING LOCATIONS
Displays nine (9) tax map key zones. Each zone is indicated by
a different color.
• ZONE DESCRIPTION
Indicates zone number /area and lists properties in numerical
order (by tax map key) on a matching colored page. The color
of the page matches the color of the ZONE.
Headings include:
OTHER
Properties not administered by the Department of Parks and
Recreation.
P &R
Properties administered by the Department of Parks and
Recreation.
PRIORITY
Indicates preferred order of improvements with A, B, and C
(A= High).
T.M.K.
Indicates the tax map key of each property.
PROPERTY
Names the facility.
• •
• PROJECT LOCATION MAP
Indicates zone number /area and location of numerically- listed
properties within the enlarged colored zone map.
• INDIVIDUAL PROPERTY ANALYSIS
Descriptive analysis of each public facility as follows:
NUMBER (No.)
Numerical listing of property.
TAX MAP KEY
NAME OF FACILITY
SITE VIEW
Photo of facility.
ACTIVITIES
List of activities featured at facility.
ADA INFRACTIONS
List of infractions per Section 4 of ADA
Accessibility Guidelines for Buildings and
Facilities (see Appendix A).
COST ANALYSIS
Projected total cost, which includes cost of
item, contractor's profit, county contract
administration fees, architect's fee, Davis -
Bacon Act, location and contingency factors.
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• •
APPENDIX A
ADA ACCESSIBILITY GUIDELINES
FOR BUILDINGS AND FACILITIES
Following is a summary of many definitions found in the ADA and cited as ADA
Infractions in our report. Please refer to the Code of Federal Regulations, 28 CFR Part
36, Nondiscrimination on the Basis of Disability by Public Accommodations and in
Commercial Facilities for the full text of definitions and explanations.
4.1 MINIMUM REQUIREMENTS
Requirements of all areas required to be accessible: sites, exterior
facilities, new construction, building alterations, additions, and historic
preservation.
4.2 SPACE ALLLOWANCE AND REACH RANGES
Requirements of wheelchair passage width, passing width, turning, space,
clear floor space, surfaces, forward reach, and side reach.
4.3 ACCESSIBLE ROUTE
Requirements of all walks, halls, corridors, aisles, skywalks, tunnels and
other spaces that are part of an accessible route such as location, width,
passing space, head room, surface textures, slope, changes in levels,
doors, egress, and areas of rescue assistance.
4.4 PROTRUDING OBJECTS
Requirements of objects projecting from walls (wall mounted and free
standing) and head room.
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4.5 GROUND AND FLOOR SURFACES
Requirements of ground /floor surfaces, changes in level, carpet, and
grating.
4.6 PARKING AND PASSENGER LOADING ZONES
Requirements of number of parking spaces required, location, parking
space, dimension, signage, vertical clearance, and passenger loading
zones.
4.7 CURB RAMPS
Requirements of location, slope, width, surface, sides of curb ramps, built -
up curb ramps, detectable warnings, obstructions, location at marked
crossings, diagonal curb ramps, and islands.
4.8 RAMPS
Requirements of slope, rise, clear width, landings, doorways, handrails,
cross slope, surfaces, edge protection, and outdoor conditions.
4.9 STAIRS
Requirements of minimum number, treads, risers, nosing, handrails,
detectable warning (reserved) and outdoor conditions.
4.10 ELEVATORS
Requirements of automatic operation, hall call buttons, hall lanterns,
raised /braille characters on hoistway entrances, door protecting /reopening
device, door /signal timing for hall calls, door delay for car calls, floor plan
of elevator cars, floor surfaces, illumination levels, car controls, car
position indicators, and emergency communications.
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4.11 PLATFORM LIFTS
Requirements of location, rooms /spaces, site constraints, vertical lifts,
inclined lifts, platform size /surface and operation.
4.12 WINDOWS
(Reserved)
4.13 DOORS
Requirements of clear width, vertical clearance, maneuvering, clearances,
thresholds, hardware, closers, opening force, automatic doors, and power
assisted doors.
4.14 ENTRANCES
Requirements of minimum number, exits, primary and direct connections,
service entrance, and signage.
4.15 DRINKING FOUNTAINS AND WATER COOLERS
Requirements of minimum number, spout height, spout location, controls,
and clearances.
4.16 WATER CLOSETS
Requirements of wheelchair transfer, clear floor space, height, grab bars,
flush controls, and dispensers.
4.17 TOILET STALLS
Requirements of location, water closet, size /arrangement, toe clearance,
doors and grab bars.
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4.18 URINALS
Requirements of height, clear floor space, and flush controls.
4.19 LAVATORIES AND MIRRORS
Requirements of height, clearance, clear floor space, exposed
pipes /surfaces, faucets and mirrors.
4.20 BATHTUBS
Requirements of clear floor space, seat, grab bars, controls, shower unit,
and bathtub enclosures.
4.21 SHOWER STALLS
Requirements of size, clearance, seat, grab bars, controls, shower unit,
curbs, and shower enclosures.
4.22 TOILET ROOMS
Requirements of minimum number, doors, clear floor space, water closet,
urinals, lavatories, mirrors, controls and dispensers.
4.23 BATHROOMS, BATHING FACILITIES, AND SHOWER ROOMS
Requirements of minimum number, doors, clear floor space, water closets,
urinals, lavatories, mirrors, controls, dispensers, and medicine cabinets.
4.24 SINKS
Requirements of height, knee clearance, depth, clear floor space, exposed
pipes /surfaces and faucets.
4.25 STORAGE
Requirements of clear floor space, height, and hardware.
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4.26 HANDRAILS, GRAB BARS, AND TUB /SHOWER SEATS
Requirements of size, spacing, structural strength, and eliminating
hazards.
4.27 CONTROLS AND OPERATING MECHANISMS
Requirements of clear floor space, height, and operation.
4.28 ALARMS
Requirements of audible alarms, visual alarms, and auxiliary alarms.
4.29 DETECTABLE WARNINGS
Requirements of walking surfaces, doors to hazardous areas (reserved),
hazardous vehicular areas, and reflecting pools.
4.30 SIGNAGE
Requirements of character proportion, character height, raised /braille
characters, pictorial symbol signs, finish, contrast, location, height,
symbols of accessibility and illumination levels (reserved).
4.31 TELEPHONES
Requirements of clear floor /ground space, height, protruding objects,
telephone books, cord length and text telephones.
4.32 FIXED OR BUILT -IN SEATING AND TABLES
Requirements of minimum number, seating, knee clearance and height of
tables /counters.
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