HomeMy WebLinkAboutPolicy on the Use of Mobility DevicesEffective: March 15, 2011
County of Hawaii
Policy on the Use of Mobility Devices
The County of Hawaii (the County) is an Equal Opportunity Provider and
Employer. The County does not discriminate on the basis of disability or
other classes protected by Federal and /or state civil rights laws.
The County acknowledges that individuals with mobility disabilities use a
wide range of mobility devices for the purposes of locomotion. This Policy
addresses the use of mobility devices by individuals with mobility
disabilities in County facilities pursuant to Title II of the Americans with
Disabilities Act, §35.137.
Definitions
"Disability" means, with respect to an individual, a physical or mental
impairment that substantially limits one or more of the major life activities
of such individual, a record of such impairment, or being regarded as
having such an impairment.
"Facility" means all or any portion of buildings, structures, sites, complexes,
equipment, rolling stock or other conveyances, roads, walks,
passageways, parking lots or other real or personal property, including the
site where the building, property, structure or equipment is located.
"Mobility devices" means wheelchairs, manually powered mobility aids
such as walkers, crutches, canes, braces, or other similar devices
designed for use by individuals with mobility disabilities.
"Mobility disability" means, with respect to an individual, a substantial
limitation in walking, climbing, descending, sitting, or rising when
compared to the average person in the population.
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"Other Power - Driven Mobility Device" ( OPDMD) means any mobility
device powered by batteries, fuel, or other engines, whether or not
designed primarily by use for individuals with mobility disabilities for the
purpose of locomotion including golf cars, electronic personal assistance
mobility devices (EPAMDS) such as the Segway®PT, or any mobility device
designed to operate in areas without defined pedestrian routes, but that
is not a wheelchair within the meaning of this section.
"Wheelchair" means a manually- operated or power- driven device
designed primarily for use by an individual with a mobility disability for the
main purpose of indoor or of both indoor and outdoor locomotion. This
definition does not apply to Federal wilderness areas; wheelchairs in such
areas are defined in section 508(c) (2) of the ADA, 42 U.S.C. 12207(c) (2).
Use of Mobility Devices
The County permits individuals with mobility disabilities to use wheelchairs
and other manually powered mobility devices in any facilities or areas
that are open to pedestrian use.
se of Other Power - Driven Mobility Devices
The County shall make reasonable modifications in its policies, practices
and procedures to permit the use of OPDMDs by individuals with mobility
disabilities in County facilities unless the County can demonstrate that the
class of OPDMD can not be operated safely within the particular facility or
use of the class of OPDMD would fundamentally alter the nature of the
County program, service, or activity.
Individuals with mobility disabilities who use OPDMDs are permitted to
operate these devices in County facilities open to pedestrian use.
OPDMDs are not permitted where the use of the OPDMD poses a direct
threat to the individuals operating the OPDMDs, other individuals, or the
involved facilities. A direct threat is a significant risk to the health or safety
of others. For example, OPDMDs that run on gasoline may not be used in
enclosed facilities as their fumes may sicken people or kill them. The use
of OPDMDs may be prohibited in the public right of way at certain events
which attract large numbers of pedestrian traffic, such as Black and White
Night in Hilo, Ho`olaule`a or the Merrie Monarch festival, when the
likelihood of collisions and resulting injuries between individuals using
OPDMDs and pedestrians is heightened.
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Individuals with mobility disabilities who use OPDMDs within County
facilities must remain in control of their devices at all times, adhere to
reasonable speeds and operate the OPDMDs safely.
If the facility has established procedures for the use of mobility devices
that provide program access to individuals with mobility disabilities, such
as the mobility scooters at the Pana`ewa Zoo, individuals with mobility
disabilities shall operate their OPDMDs in compliance with those
procedures.
Assessment Factors
In determining whether the County shall modify its policies, practices and
procedures to permit an individual with a mobility disability to use an
OPDMD in a specific facility, the County shall consider:
• the type, size, weight, dimension and speed of the OPDMD;
• the facility's volume of pedestrian traffic (which may vary at
different times of the day, week, month or year);
• the facility's design and operational characteristics (e.g., whether its
service, program or activity is conducted indoors, its square
footage, the density and placement of stationary devices, and the
availability for storage of the device if requested by the user);
• whether legitimate safety requirements can be established to
permit the safe operation of the OPDMD in the specific facility;
• whether the use of the OPDMD creates a substantial risk of serious
harm to the immediate environment or natural or cultural resources,
or poses a conflict with Federal land management laws and
regulations; and
• whether use of the OPDMD poses a direct threat to the individual
using it, others, or the facility in which it is operated.
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Impermissible Questions
The County shall not ask individuals who use wheelchairs or OPDMDs
questions about the nature and /or extent of their disabilities.
Permissible Questions for Individuals Using OPDMDs Only
In accordance with § 35.137 (c) (2) of the Title II regulations, the County
may ask an individual seeking to use an OPDMD in a County facility for a
credible assurance that the OPDMD is required because of the
individual's mobility disability. The County shall accept the presentation of
a valid, State - issued, disability parking placard, or other State - issued proof
of disability, with matching Identification Card, as a credible assurance
that the use of the OPDMD is for the individual's mobility disability. A valid
disability placard or card is one that is presented by the individual to
whom it was issued and is otherwise in compliance with the State's
requirements for disability parking cards or placards.
If the individual seeking to use the OPDMD does not have a valid State -
issued disability parking placard or card or other state - issued proof of
disability, the County shall accept a verbal representation, not
contradicted by observable fact, that the OPDMD is being used for a
mobility disability.
When the Use of an OPDMD in a County Facility Fundamentally Alters a
Service, Program or Activity or is an Undue Hardship
The County shall not be required to permit the use of OPDMDs in particular
facilities or during certain events, if use of OPDMDs would fundamentally
alter the nature of the program, service, or activity, or would result in
undue financial and administrative burdens.
In accordance with § 35.164 of the Title II regulations, if it is determined
that the use of OPDMDs in certain facilities, during certain events or within
certain programs, would result in such alteration or burden, the head of
the relevant department or agency, after considering all resources
available, shall render a decision accompanied by a written statement
including the reasons for this decision. A copy of this decision shall be
submitted to the ADA Coordinator for review.
If the reason for not permitting use of the OPDMD is because such use
would constitute a direct threat, the direct threat analysis must be based
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upon the best available objective evidence to ascertain the nature,
duration, and severity of risk, the probability that potential injury will
actually occur and whether reasonable modification of policies, practices
and procedures will mitigate the risk.
FA •• -•
Individuals who wish to appeal the County's decision not to permit the use
of an OPDMD in a county facility may file a complaint under the County's
Anti - Discrimination and Harassment Policy and Procedures available at
http: / /co.hawaii.hi.us /civil sery /ada.htm. Alternatively, individuals may
telephone the ADA Coordinator in the Department of Human Resources
at 961 -8361.
APPROVED:
LdAM. KIENDI
n)unty gar
of Hawai' i
APPROVED AS TO FDIR
AND LEGALITY:
MOLLY AAL110,30
Deputy Corporation Counsel
County of Hawai'i