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HomeMy WebLinkAbout2013-11-20, Committee on People with Disabilities Agenda MAYOR’S COMMITTEE ON PEOPLE WITH DISABILITIES c/o Hawai‘i County Office of Aging, 1055 Kino‘ole Street,Suite 101, Hilo, Hawai‘i 96720 MINUTES Wednesday, November 20, 2013 The County of Hawai’i Mayor’s Committee on People with Disabilities met at 10:10 a.m. at the Aging and Disability Resource Center at 1055 Kino‘ole Street, Hilo, Hawai‘i. MEMBERS PRESENT; Paige De Lima, Chair, Wesley Tanigawa, Vice Chair; Pauline Aughe, Chris Cholas, Janice Mancini, James Souza, Laura Tobosa. ABSENT: Jessica Arruda, Raelene Souza, Dr. Ron Wagner-Wright OTHERS PRESENT AND GUESTS: Renee Schoen, Corporation Counsel; Teri Spinola-Campbell, ADA Coordinator; Alan Parker and Sandra Arriola, Aging; Jesse Floyd, DD Council; Sam Nagasawa, Paul Pascua, Dorothy Sanger, Lupe Kaawaloa, Ron Amundson, Deborah Ward, Fred Stone, Donald Haumea Hannah Hedrick, Gene Gustafson, Ku Mei Kern, Sign Interpreter. CALL TO ORDER P. De Lima called the meeting to order at 10:10 a.m. APPROVAL OF MINUTES OF THE OCTOBER 23, 2013, MEETING P. De Lima called for a motion to accept the minutes of October 23, 2013. L. TobosaJ. Mancini moved to accept the minutes. seconded. All were in favor. None opposed. Motion is passed. STATEMENTS FROM THE PUBLIC (Agenda Items) J. Mancini requested to have number 5, Report from Recreation Ad Hoc Committee be postponed until the next meeting. R. Amundson stated that he has some questions that he’d like to direct to Warren Lee. Paige informed him that when it’s Mr. Lee’s turn , it can be opened up for discussion. J. Floyd suggested there be Old Business on the agenda so things from previous meetings can also be discussed. He was told it would be added on the next agenda. NEW BUSINESS Presentation by Warren Lee, Director, Hawai‘i County Department of Public Works C. CholasW. Lee did the introduction of Warren Lee and Neil Erickson. introduced himself as the Director of the Department of Public Works, and Neil Erickson a professional architect employed at the Department of Public Works as a Building Plans Examining Manager. Warren gave a brief description of what the Department of Public Works does. The Department of Public Works at the County of Hawai‘i is comprised of five divisions. We have the Administration office; the others are the Building Division, Highways Division, Engineering Division, Automotive Division, and Traffic Division. The Traffic Division takes care of all the traffic signals, the signs, markings on the road, parking stalls, making sure that ADA accessibility guidelines are met. The Engineering Division does roads, floodway channels, any land acquisition. In the Building Division, we do building projects for the County of Hawai‘i. The Building Division was responsible for the West Hawai‘i Civic Center, the renovation of the Hawai‘i County Building, and upgrading various police stations and fire stations for hazard mitigation like tsunami, hurricanes, high winds and also to make sure that things are ADA compliance. A. Parker stated that Neil Erickson used to be in private sector and he was the architect that did this ADRC Building. W. Lee – The Building Division has the project section and they do the building permit and inspection. And that’s really where the answer is in response to the questions that were asked today. The Building Division basically has four categories. They will accept that application from the owner or the architect/engineer of record representing the owner. The next step is the plan goes to plan review. So the inspector, the supervisor or an architect will review the plans to make sure it complies with the Building Code. (And our Building Code incorporates also the State Building Code and other standards.) Once the permit is issued, it goes to the inspection phase. Our inspectors are out there in the field making sure that what is being built comports with what was approved. The next phase is the enforcement phase. You go through the application, the application is accepted, we make sure that all the drawings or the plans that are submitted are properly stamped or approved, certified by a registered architect or engineer. That means the architect/engineer is saying that all the code requirements are met. He submits a letter of certification saying that he has reviewed the plans and to the best of his knowledge, everything submitted is in accordance with the code. If it’s a private type building, we rely on the certification or the architect engineer stamp in processing it forward. So, there’s minimal to review for ADA or accessibility requirements. On the other hand, if it is a government building, especially one that we do, we send the completed plans to DCAB for review. And they do a very extensive review. 2 Then comes the inspection section which makes sure that everything is being done according to the drawings that were approved. You would need to correct whatever is not right otherwise we will not pass the final inspection or issue the Certificate of Occupancy so that you can actually use the facility. Once it passes the Certificate of Occupancy stage, the owner should not be making changes, and if there is a complaint that comes in to the Department of Public Works, we will send that to the Building Division and they would investigate that complaint as part of the enforcement, and then so notify the owner of a violation. And that violation would need to be corrected. C. Cholas had a question about renovations when a business moves into an old building and there is no designated parking, restroom, etc. He also wanted to know if after the place opens and he finds issues, if he could report it to the Department of Public Works. Warren stated that if the renovation includes changing the interior or exterior of the building and if plumbing or electrical work is needed then you would need a building permit. That’s where the architect/engineer on record would certify that what he is renovating is in compliance with the Code and follow the ADA accessibility requirements. Warren informed him to report violations to DPW and if it doesn’t comply they would issue a Notice of Violation. Then there will be fines involved. And if it’s something that is critical to public health and safety the facility might be closed down. So it could be very draconian. Dorothy Sangor wanted to know if new businesses need to have public N. Erickson restrooms for everyone. stated that the new Building Code which was adopted in March 28, 2012 incorporates Chapter 29 regarding plumbing – Public restrooms in addition to employee restrooms are required. There are some exceptions if there are restrooms near by. But in general the answer is yes. N. Erickson stated that if they are on the same property and there are public restrooms, that would be one of those exceptions. Shopping centers are a good example. It kind of depends on what the situation is. And it does differ when you’re talking about restaurants. Then the Department of Health, Chapter 12 of the State Administrative Rules gets involved. There are other things to consider, but Public Works does administer Chapter 29 when there are significant changes to the building or tenant occupancy. Ron’s understating is American Disability Act requires changes whether or not they were improvements to the space. And if you couldn’t you needed to show either some technical infeasibility or some other reason why you could or could not make those improvements. A good example was the Law offices of Carlsmith Ball. They tried and tried to come up with a solution and eventually obtained a technical infeasibility from the Department of Justice. C. Cholas stated that a big problem with restaurants is that the restroom is not accessible. According to Neil if the restaurant serves alcohol then they need to 3 have accommodations for the public. If not, under the old codes, restrooms in a restaurant were not required to be provided to the public. Our code only recently changed that required that public accommodation. In March 2012, we adopted 2006 International Building Code as part of Chapter 5 of our Building Code for the Hawai‘i County. And as part of that it requires accessible restrooms to employees and the public in most new structures or where a change of use has occurred. J. Floyd wanted to know what is defined as nearby. At Kuhio Plaza, if you’re in one quadrant, the nearest bathroom could be up to a quarter of a mile. Neil believes that it’s about 300 feet. In Prince Kuhio Plaza, there are restrooms in some of the major tenants, so maybe they are using that to meet the requirement. Jesse stated that the bathroom was out of order at one of the major tenants. Going back there a month later, the bathroom was still out of order. He wanted to know what the law say about how soon a bathroom in repair needs to be up and running to have access. Neil stated that temporary facilities would be a logical answer, but he doesn’t know if there is any time line on a given business that is making those changes. Warren reiterated that if someone is making a good faith effort to make that repair, then PW will not get into the penalty stage. But if they are doing nothing, at least the Order of Noncompliance serves as a notice that there are some consequences if you don’t bring yourself into compliance. J. Souza spoke about elevators and how people are fearful and non-trusting of elevators, because they are afraid of being stuck in the elevator and they don’t know how to get out. In Washington D.C. if a deaf person is stuck and can’t use the phone inside the elevator, there is a special button to press, and the display would light up saying help is on the way. So the deaf person would have peace of mind knowing that somebody knows and will be coming. James wanted to know what feedback the speakers had regarding this and how the deaf person would know that someone is coming for them when they are stuck in the elevator. Neil explained that the elevator inspections are actually done by a special branch of the State. It is spelled out in the Building Code as far as those kind of controls for accessibility. We rely on the design professional to meet all the standards and coordinate the installation with the State Elevator Board. If you find an elevator where the emergency apparatus is not functioning properly, you can let us know or let the State know and we’ll make sure that someone follows up on it. But unfortunately sometimes you never know if it’s not operating until you need it. J. Floyd inquired about the procedure for updating an elevator or installing a new one. According to Neil, the ADA requires that they do come into compliance within a certain time period and some of the apartment buildings like Hale Moana and Hale Kahakai, they’ve recently replaced their elevators to make them come into compliance. 4 J. Floyd asked if the County has an oversight of the elevator within their overall accessibility issues. Neil replied that as far as ongoing maintenance and repair, the operation, the new State laws recently changed and they have to be inspected monthly. They have to keep a log, they have to show that they are functioning properly. And that is recorded with the State. We get involved when it needs a building permit or it needs repairs. It has to come to us. As far as repair and maintenance, we don’t even have the Building Code that addresses this, so yes, we are depending on the State to insure that it’s being done correctly. J. Floyd stated that most people who need access to elevators are ambulatory but once in a while, somebody who has a disability needs to access the elevator and it’s not functioning. Where does that fit into the overall review, modernization, and to insure that they are ADA compliant? Warren replied that the elevator is an appurtenance to the multi-story structure. So if you have operational issues, that should be reported to anyone. And if it’s reported to us, we will make sure that we get it to the right agency. P. De Lima had a concern with the construction of the new two story building across the community college on Kawili Street. Since there are only stairs right now, she wanted to know if there will be an elevator for accessibility. Neil stated that second floor is somewhere between 45 hundred square feet, so it falls into the exception under the ADA standards for new construction which is not to exceed 3,000 square feet on the second floor. So maybe they have other reasons why they got infeasibility exception. But as an architect, Neil would have certified thought an elevator would be required. The architect that it meets the ADA requirements. Warren reiterated that they just go on the face value as part of the professional exchange between a plan reviewer, a plan review manager, and the licensed architect or engineer that is submitting the plans. Neil stated the permit came from PW and that the plan reviewer should have asked how does this comply. Paige feels that this is very serious and it’s something that needs to be looked at. C. Cholas’ Neil stated it’s an ongoing complaint. feeling is that if you have a building that has not been accessible on the second floor for generations, it sets an example for other people who want to do similar types of building. Then we start getting buildings going up that are inaccessible for generations. W. Lee stated that a lot of times they have to consult with legal counsel because there are so many variations of how the law or code could be implemented based on the application. At the same time looking at it from the applicants’ standpoint, they have their rights also. But we’re just trying to be consistent and have a rationale for the decisions that we make. P. De Lima is hoping this building gets resolved with an elevator and Chris suggested a lift of some sort. According to Neil, a good example is Papaaloa 5 Gym where a lift was installed for accessibility into the gym. Paauilo accessibility improvements are being done and they are incorporating ramps, guardrails, parking accessibility, even room for a judge at the ball field. But the codes are very broad and there are many documents out there. Just the difference of the 2010 Americans with Disability Accessibility Guidelines and the NC1 17.1 dealing with commercial buildings is a lot of things to learn and review. A lot of the American with Disability Guidelines have been incorporated with the 2012 version of the International Residential Code which we’re not even close to adopting. And then of course there is the Fair Housing Guidelines that Ron brought up and those are something entirely different from the American with Disabilities Guidelines because they allow you some accommodation, if you do this then you don’t have to do that. R. Amundson According to you couldn’t get anyone to look at ADA requirements before and but now it’s being enforced. N. Erickson stated that when the ADA guidelines were issued in 1994, it took a couple of years to even figure out what was going on and what was needed to apply it to. The current code does not even have Chapter 11 of the International Building Code as part of our County code. A lot of the ADA guidelines overlap with other sections of the code. Areas of rescue assistance, stairways, ramps, egress doors, widths, land leans, slopes. All those kind of things are in other sections of the code so there is a huge overlap and we do enforce all of those. R. Amundson inquired if the reason that there’s more enforcement now is that the overlap has increased. Neil responded that was correct and it’s going to increase year after year. It’s creeping into residential construction for minimum door widths, landings, slopes, thresholds, all those kinds of things. Of course everyone has different disabilities so accessibility for a residence may be very, very different then for anybody else. Some comments that Neil is getting from the public is that you get bounced around to different people when you call PW. You shouldn’t. A person should follow you all the way to whether it’s a pothole or a stairway. Warren added that everything is recorded in Laserfiche now so that gives the department a record of calls/complaints that came in. You can call 961-8321 to report any problems. C. Cholas mentioned that we’ve been lucky to have Teri Spinola-Campbell who we sometimes channel complaints to and she’ll direct you to the right part of the department. R. Amundson reported on an incident regarding a major renovation of an office space for one of the testing companies in a medical building. I asked them if they were going to replace the door so the entrance is accessible and also fix the ramp. The ramp goes up to the door making it impossible for somebody in a wheelchair to get in because as soon as you open the door, you’re rolling back down in the wheelchair If you had an automatic door, that would be fine. It’s inaccessible and it’s illegal. Warren said they will check on it. 6 W. Tanigawa inquired about permits for nursing care homes. Neil stated that you do need permits for adult residential care homes but there are different things that are required of each level and they have to be approved. So whatever’s on the plan we make sure it’s been installed. P. De Lima thanked Mr. Lee and Mr. Erickson for coming and giving their presentation. BREAK - 11:05-11:20 Review Correspondence to Tiffany Kai, Administrator, Mass Transit Agency W. Tanigawa called the meeting back to order. He continued with New Business-Review of Correspondence to Tiffany Kai and inquired if there were any comments on the content of the letter. L Tobosa wanted to know if there was a way to expedite the correspondence so it could be approved and go out sooner. Renee stated that it needs to be agendized and then it has to be approved by the committee before it’s sent out to ensure that whatever is sent out from this committee is the consensus of the board itself. And the board approves. C. Cholas stated that Mass Transit Department needs to be changed to Mass Transit Agency. After some discussion it was decided to just strike that sentence in the letter and it still articulates a desire to have a discounted monthly pass but not assign a number. James agreed. Alan stated that for transportation, if it’s not subsidized, it’s not going to happen. And Honolulu can afford to make it cheaper because it’s simple economies of scale. It’s hard to find a seat on those buses. Here, we have a huge island to serve and you don’t have those numbers. And it is correctly subsidized. C. Cholas made a motion to approve the letter with corrections. It was seconded L. Tobosa by . All were in favor. None Opposed. Discussion on Committee Recommendations for the Police Department and Mass Transit Agency W. Tanigawa suggested moving this to the next meeting, combining comments from today’s meeting with Public Works Department. C. Cholas moved to have all three of the departments’ recommendations to the P. Aughe next meeting. seconded it. All were in favor. None opposed. REPORT FROM RECREATION AD HOC COMMITTEE AND REVIEW DRAFT LETTER TO THE MAYOR This has been moved to the next meeting. 7 REPORT OF THE COUNTY OF HAWAI‘I EQUAL OPPORTUNITY OFFICER AND ADA COORDINATOR, TERI SPINOLA-CAMPBELL T. Spinola-Campbell stated, a couple of years ago she received a complaint regarding difficulties somebody was having getting into the Aupuni Center’s main door, so it was brought to Warren’s attention and the Building Division’s attention. It took some time but it just was completed last week. Now we have automatic entry doors to the Department of Human Resources, the main entrance of the Aupuni Center and the Division of Motor Vehicles. It’s push button and the doors open nicely, giving enough time to get in before it closes. Other than that, she’s working on a couple of modification requests at this time. REVIEW OF NOMINATION FORM DRAFT AND REPORT BY THE COUNTY OF HAWAI‘I ADA RECREATION SPECIALIST, ALISA MITCHENER This will be moved to the next meeting. ANNOUNCEMENTS Jesse announced that after this meeting, at 1:00 p.m.. Workforce Solutions is having a meeting over at the Workforce Development’s Conference Room at 1900 Kinoole Street. Ron stated that Disability Rights Hawai‘i has a meeting scheduled here for noon. Hannah Hendricks would like the committee to discuss her concern regarding statewide policy mandating smoke free public housing that was announced January 31 after the governor vetoed legislation prohibiting smoking in public housing. Her concern is that the policy now has an exemption that allows smoking in a smoke free facility. The Hawai‘i Public Housing Authority 2013-2014 plan indicates that a reasonable accommodation request may be used by a smoker to justify smoking in facilities. It’s an embarrassment to her to live in a state where an attorney general could even momentarily approve using an RAR to provide an exemption to a smoke free place. NEXT MEETING After some discussion, it was decided to have a meeting on January 15, 2014 (third Wednesday) here at the Training Room. Chris inquired if we need to renew membership every year. If not, he was wonder if we could ask the members that if they have a commitment to try and make the meetings. We have several members that have not made the meetings, at least the last two meetings. It does make it hard to make quorum. 8 ADJOURNMENT Wes made a motion to adjourn this meeting. It was seconded by Janice. All were in favor. None opposed. Meeting adjourned at 11:30. Respectfully submitted, Sandra Arriola Transcriber 9