Access E-Bulletin
Disability and Communication Access Board 
State of Hawaii    
 
May/June 2011 
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~ IN THIS ISSUE ~
·DCAB's Office Hours for May/June 2011
·2010 ADA Standards Training
·Federal Guidelines vs. Standards: Which One Do I Follow?
·Shared Use Path Advanced Notice of Proposed Rulemaking
·ADA Update: A Primer for Small Business
·Upcoming Webinar and Audio Conference
·FAQ
·Quick Links

 

DCAB's Office Hours for May/June 2011

 The DCAB Office will be closed
on the following days in accordance with the State of Hawaii Furlough Plan:


May 6 & 20, 2011

May 30, 2011 (Holiday)
June 17 & 24
, 2011
June 10, 2011
(Holiday) 


2010 ADA Standards Training is a Success!   

 

2010 ADA Standards Conf Mar 2011

 

DCAB would like to thank the 230 attendees from the public and private sector that attended the 1-1/2 day seminar on the new "2010 ADA Standards" held this past March at the Ala Moana Hotel. The feedback from those attending found the seminar on the new accessibility guidelines "informative and insightful."   

 

Dave Yanchulis

 

The seminar was presented by Mr. David Yanchulis of the U.S. Access Board.  DCAB appreciates and thanks Mr. Yanchulis for his hard work in preparing the presentation which highlighted each chapter of the new Americans with Disabilities Act Accessibility Guidelines. We know it took a lot of time and effort on his part and we are grateful for the support of the U.S. Access Board in helping to bring in-depth training such as this to Hawaii.

 

As a reminder, as of January 1, 2011, the DCAB has adopted the 2004 ADAAG in keeping with the adoption of these guidelines by the U.S. Department of Justice (DOJ). On September 15, 2010, the DOJ  announced the adoption of their 2010 ADA Standards which included ADA scoping Chapters 1 and 2 and Chapters 3 through 10 of the 2004 ADAAG. The 2010 ADA Standards can be found at: www.ada.gov 

 

 

Federal Guidelines vs. Standards: Which One Do I Follow?

 
Guidelines

In 2004 the U.S. Access Board updated the Americans with Disabilities Act Accessibility Guidelines (2004 ADAAG) and Architectural Barriers Act Accessibility Guidelines (2004 ABAAG). The Board's guidelines are not mandatory on the public, but instead serve as the baseline for enforceable standards, which are maintained by other Federal agencies. In this respect, the guidelines are similar to a model building code in that they are not required to be followed except as adopted by an enforcing authority.

 

Standards

Under the ADA, the DOJ and the Department of Transportation (DOT) are responsible for enforceable standards. Several other agencies (the General Services Administration (GSA), Department of Defense (DOD), Department of Housing and Urban Development (HUD), and the U.S. Postal Service (USPS)) hold a similar responsibility for standards used to enforce the ABA.

 

In 2010 the DOJ adopted the 2004 ADAAG as its enforceable standards. State and local government facilities and places of public accommodation and commercial facilities are required to comply with the DOJ's standards, which are available at http://www.ada.gov/2010ADAstandards_index.htm. March 15, 2012 is the compliance date for using the DOJ's 2010 Standards for new construction, alterations, program accessibility, and barrier removal. More information about the compliance date is available at http://www.ada.gov/revised_effective_dates-2010.htm.  

 

In 2006 DOT adopted the 2004 ADAAG as its enforceable standards. Transportation facilities, including bus stops, airports, and rail stations, are required to comply with the DOT's enforceable standards. The DOT's standards are available at http://www.access-board.gov/ada-aba/ada-standards-dot.cfm.

 

In 2008 DOD adopted the 2004 ABAAG as its enforceable standards. The DOD's enforceable standards apply to military facilities. The DOD's standards are available at http://www.access-board.gov/ada-aba/aba-standards-dod.cfm.  

 

In 2005 GSA adopted the 2004 ABAAG as its enforceable standards. The GSA's enforceable standards apply to facilities designed, constructed, altered, or leased with Federal funds under the ABA except postal facilities, housing, and military facilities. The GSA's standards are available at http://www.access-board.gov/ada-aba/aba-standards-gsa.cfm.

 

In 2004 USPS adopted the 2004 ABAAG as its enforceable standards. The USPS's enforceable standards apply to all postal facilities. The USPS's standards are available at http://www.access-board.gov/ada-aba/aba-standards-usps.cfm.

 

As of April 2011, HUD's adoption of the 2004 ABAAG is pending. Until HUD updates its standards, the Uniform Federal Accessibility Standards (UFAS) is  HUD's enforceable standards. Residential facilities covered by HUD are required to comply with UFAS, which is available at http://www.access-board.gov/ufas/ufas-html/ufas.htm.

 

For more information, feel free to contact Curtis Motoyama, Facility Access Coordinator, by email at [email protected] or by phone at (808) 586-8121. 

 

Shared Use Path Advanced Notice of Proposed Rulemaking

 
The U.S. Access Board seeks public comment on a new initiative to develop accessibility guidelines for shared use paths which provide a means of transportation and recreation for various users, including pedestrians, bicyclists, skaters, and others, including people with disabilities. The new guidelines will provide technical provisions for incorporating accessibility into the construction or alteration of shared use paths covered by the Americans with Disabilities Act and, in the case of those federally funded, the Architectural Barriers Act. The notice is available at http://www.access-board.gov/sup/anprm.htm. The notice includes instructions for submitting comments, which are due by June 27, 2011.

DCAB will be submitting comments to the U.S. Access Board on this topic. For more information regardng DCAB's comments, contact Curtis Motoyama at [email protected] after June 27, 2011.

ADA Update: A Primer for Small Business

 

On March 16, 2011 DOJ updated its illustrated guide to help small businesses understand the new and updated requirements of the revised ADA regulations. Some of the topics addressed in the guide include:
  • Who is covered by the ADA  
  • Compliance dates
  • Element-by-element safe harbor
  • Readily achievable barrier removal
  • Priorities for barrier removal
  • Accessible entrances
  • Routes to goods and services
  • Shelves, sales and service counters, and check-out aisles
  • Food and restaurant services
  • New construction and alterations

A HTML version of the guide is available at http://www.ada.gov/regs2010/smallbusiness/smallbusprimer2010.htm. A PDF version is available at http://www.ada.gov/regs2010/smallbusiness/smallbusprimer2010.pdf.

 

Upcoming Webinars and Audio Conferences

 
Black Flat ScreenLearn more about the ADA Accessibility Guidelines through the U.S. Access Board and DBTAC's continuing series of webinars and audio conferences. General attendance is free, but a $25 fee will be charged for processing CEUs.

     

June 2, 2011 @ 8:30 - 10:00 am: Accessible Doors and Maneuvering Clearances

July 7, 2011 @ 8:30 - 10:00 am: Accessible Hospitals and Other Health Care Facilities  

August 4, 2011 @ 8:30 - 10:00 am: Accessible Health Club and Fitness Facilities   

Sept. 1, 2011 @ 8:30 - 10:00 am: Section 508 - "The Basics" 

 

For more information, please go to: http://www.access-board.gov/webinars.htm.  


 


FAQ - Fair Housing Accessibility Guidelines (FHAG) 

 

Q: Are the public and common use areas of a newly constructed development that consists entirely of buildings that have no covered dwelling units required to be accessible under the Fair Housing Act?

 

A: If there are no covered multifamily dwellings on a site, then the public and common use areas of the site are not required to be accessible under the Fair Housing Act. Supplement to Notice of Fair Housing Accessibility Guidelines: Questions and Answers about the Guidelines, 59 FR 33362-33368, June 28, 1994, question 13.

 

However, the Americans with Disabilities Act (Title III) may apply to certain areas that serve the public. The Americans with Disabilities Act (Title II) may apply to housing that is operated by public entities such as state or local governments. Sections 504 of the 1973 Rehabilitation Act may apply to public and common use areas of properties that are operated by entities that receive federal financial assistance. An independent determination should be made regarding whether or not the ADA or Section 504 may apply and require accessibility when the Fair Housing Act does not apply.

 

 
Quick Links


 

  

DCAB

919 Ala Moana Boulevard, Room 101

Honolulu, Hawaii 96814

(808) 586-8121 (Voice/TTY)  (808) 586-8129 (Fax)

E-mail: [email protected]

Web site: www.hawaii.gov/health/dcab