ADA Best Practices Tool Kit for State and Local Governments

ADA Best Practices Tool Kit for State and Local Governments

On December 5, 2006, February 27, 2007, May 7, 2007, and July 26, 2007, the Civil Rights Division of the U.S. Department of Justice issued installments of a new technical assistance document designed to assist state and local officials to improve compliance with Title II of the Americans with Disabilities Act (ADA) in their programs, services, activities, and facilities.  The new technical assistance document, which will be released in several installments over the next ten months, is entitled “The ADA Best Practices Tool Kit for State and Local Governments.” 

The Tool Kit is designed to teach state and local government officials how to identify and fix problems that prevent people with disabilities from gaining equal access to state and local government programs, services, and activities.  It will also teach state and local officials how to conduct accessibility surveys of their buildings and facilities to identify and remove architectural barriers to access.

The first and second installments of the ADA Tool Kit, issued December 5, 2006, include:

The third and fourth installments, issued February 27, 2007, include:

The fifth and sixth installments, issued May 7, 2007, include:

The seventh installment of the Tool Kit, issued July 26, 2007, includes:

While state and local governments are not required to use the ADA Best Practices Tool Kit, the Department encourages its use as one effective means of complying with the requirements of Title II of the ADA.

About This Tool Kit

Give a person a fish, and you provide food for a day. Teach a person to fish, and you provide food for a lifetime. 

-- Chinese Proverb

During the past five years, the Civil Rights Division of the United States Department of Justice has worked with communities across the United States to improve access to state and local government for over 3 million people with disabilities.

We found that, despite good intentions, many communities did not have the knowledge or skills needed to identify barriers to access in their programs, activities, services, and facilities. They did not know how to survey buildings to identify physical barriers. They did not know how to review programs and policies for compliance with the Americans with Disabilities Act (“ADA”). They asked us to help fill their knowledge gap.

The Civil Rights Division is assembling this Tool Kit to help communities better understand the issues involved in providing equal access for people with disabilities. We encourage state and local government officials to use this Tool Kit to learn:

• how to survey facilities and identify common architectural barriers for people with disabilities;

• how to identify red flags indicating that their programs, services, activities, and facilities may have common ADA compliance problems; and

• how to remove the barriers and fix common ADA compliance problems they identify.

Are state and local governments required to use this Tool Kit? No. But they are required to comply with the requirements of Title II of the ADA, which prohibits state and local governments from discriminating on the basis of disability. This Tool Kit will provide a reasonable approach to help communities achieve compliance.

The Tool Kit will be released in installments to help state and local officials begin to set up an “accessibility audit.” This first two installments of the Tool Kit include:

• Chapter 1, ADA Basics (HTML) | PDF:
  Statute and Regulations.

• Chapter 2, ADA Coordinator, Notice & Grievance Procedure (HTML) | PDF:
  Administrative Requirements Under Title II of the ADA. Chapter 2 includes a checklist that will help state and local officials determine if their governments are in compliance with basic ADA administrative requirements. It also includes a sample “ADA Notice” and a sample “ADA Grievance Policy” that state and local officials can use to comply with basic ADA administrative requirements.

• Chapter 3, General Effective Communication Requirements Under Title II of the ADA (HTML) | PDF:
  Chapter 3 explains what it means for communication to be “effective,” which auxiliary aids and services can potentially provide effective communication,and when those auxiliary aids and services must be provided. It also includes a checklist (PDF) to help state and local officials assess compliance with the ADA’s general effective communication requirements.

• Chapter 4, 9-1-1 and Emergency Communications Services (HTML) | PDF:
  Chapter 4 explains how the ADA’s effective communication requirements apply to 9-1-1 and emergency communications services. The chapter also includes a checklist (PDF) that state and local officials can use to identify common problems with the accessibility of their 9-1-1 and emergency communications services.

• Chapter 5, Website Accessibility (HTML) | PDF 
  Chapter 5 explains how Title II of the ADA applies to state and local government websites, describes technologies people with disabilities use to access the Internet, discusses website design practices that pose barriers to people with disabilities, and identifies solutions that can eliminate these online barriers. The Chapter also includes a checklist (PDF) that can be used by state and local governments to review their website policies and assess the accessibility of their websites. 

• Chapter 6, Curb Ramps and Pedestrian Crossings (HTML) | PDF 
  Chapter 6 explains Title II’s requirements for providing curb ramps at pedestrian crossings, lists some key characteristics of accessible curb ramps, and discusses where and when state and local governments must provide accessible curb ramps. The Chapter outlines the steps you can take to ensure that your state or local government is complying with Title II’s requirements for accessible curb ramps and includes a checklist (PDF)your entity can use to assess your compliance. The next installment of the Tool Kit will include a survey form and survey instructions you can use to determine if curb ramps are accessible.

Watch for future installments of the Tool Kit, which will further guide communities in understanding how to review the accessibility of state and local government programs, services, and activities, and how to survey buildings and facilities to identify barriers to access for people with disabilities.

Chapter 1 ADA Basics: Statute and Regulations

A. Introduction

On July 26, 1990, President George H. W. Bush signed into law the Americans with Disabilities Act (“ADA”) saying these words, “Let the shameful wall of exclusion finally come tumbling down.”¹ One of the most important civil rights law to be enacted since the Civil Rights Act of 1964, the ADA prohibits discrimination against people with disabilities.

What does the ADA mean for state and local governments in the delivery of their programs, services, and activities, as well as their employment practices? In the broadest sense, it requires that state and local governments be accessible to people with disabilities.

Accessibility is not just physical access, such as adding a ramp where steps exist. Accessibility is much more, and it requires looking at how programs, services, and activities are delivered. Are there policies or procedures that prevent someone with a disability from participating (such as a rule that says “no animals allowed,” which excludes blind people who use guide dogs)? Are there any eligibility requirements that tend to screen out people with disabilities (such as requiring people to show or have a driver’s license when driving is not required)?

Before you begin your accessibility audit, you need to understand the answers to several basic questions.

• What is the ADA, and are there any other laws or regulations I need to know about to do an accessibility evaluation?

• What is a “disability” under the ADA, and is having one enough to be covered by the ADA?

• What types of barriers are there to accessibility?

• What are states’ and local governments’ obligations under the ADA?

B. The Legal Landscape

Before looking at the individual parts of the ADA, it’s best to look at the whole picture. Having an overview of the laws, regulations, and other legal requirements helps to put everything in context.

The Rehabilitation Act of 1973
Broader than any disability law that came before it, Section 504 of the Rehabilitation Act made it illegal for the federal government, federal contractors, and any entity receiving federal financial assistance to discriminate on the basis of disability.² Section 504 obligates state and local governments to ensure that persons with disabilities have equal access to any programs, services, or activities receiving federal financial assistance. Covered entities also are required to ensure that their employment practices do not discriminate on the basis of disability.

The Americans with Disabilities Act of 1990
The ADA is built upon the foundation laid by Section 504 of the Rehabilitation Act. It uses as its model Section 504's definition of disability and then goes further. While Section 504 applies only to entities receiving federal financial assistance, the ADA covers all state and local governments, including those that receive no federal financial assistance. The ADA also applies to private businesses that meet the ADA’s definition of “public accommodation” (restaurants, hotels, movie theaters, and doctors’ offices are just a few examples), commercial facilities (such as office buildings, factories, and warehouses), and many private employers.

While the ADA has five separate titles, Title II is the section specifically applicable to “public entities” (state and local governments) and the programs, services, and activities they deliver. The Department of Justice (“DOJ” or the “Department”), through its Civil Rights Division, is the key agency responsible for enforcing Title II and for coordinating other federal agencies’ enforcement activities under Title II.

In addition, the Department has the ability to enforce the employment provisions of Title I of the ADA as they pertain to state and local government employees. DOJ is the only federal entity with the authority to initiate ADA litigation against state and local governments for employment violations under Title I of the ADA and for all violations under Title II of the ADA.

The ADA Standards for Accessible Design (the ADA Standards)
The ADA Standards for Accessible Design, or the “ADA Standards,” refer to the requirements necessary to make a building or other facility architecturally (physically) accessible to people with disabilities. The ADA Standards identify what features need to be accessible, set forth the number of those features that need to be made accessible, and then provide the specific measurements, dimensions and other technical information needed to make the feature accessible.

Caution: You may hear the acronym ADAAG used to refer to the ADA Standards. ADAAG stands for the Americans with Disabilities Act Accessibility Guidelines, which are issued by the United States Architectural and Transportation Barriers Compliance Board (called the “Access Board” for short). ADAAG is not the same as the ADA Standards. The Department’s regulations must be consistent with the ADAAG, but the ADAAG contains guidelines, not enforceable standards.

Uniform Federal Accessibility Guidelines (UFAS)
These are the architectural standards originally developed for facilities covered by the Architectural Barriers Act, a law that applies to buildings designed, built, altered or leased by the federal government. They also are used to satisfy compliance in new or altered construction under Section 504. State and local governments have the option to use UFAS or the ADA Standards to meet their obligations under Title II of the ADA. However, if states and local governments choose to use the ADA Standards, the elevator exemption contained in the ADA Standards may not be used ³. Also, only one set of standards may be used for any particular building. In other words, you cannot pick and choose between UFAS and the ADA Standards as you design or alter a building. DOJ also uses UFAS for certain special-use facilities when the ADA Standards have no scoping or technical provisions, such as for prisons and jails. A downloadable copy of UFAS can be found at http://www.access-board.gov/ufas/ufas.pdf and a searchable copy can be found at http://www.access-board.gov/ufas/ufas-html/ufas.htm. Technical assistance on UFAS is available from the U.S. Access Board at 1-800-872-2253 (voice) or 1-800-993-2822 (TTY) or TA@access-board.gov.

C. ADA Fundamentals

The cornerstone of Title II of the ADA is this: no qualified person with a disability may be excluded from participating in, or denied the benefits of, the programs, services, and activities provided by state and local governments because of a disability.⁴ One simple sentence, but it has many words, phrases and ideas to understand.

1. Who is Covered?

Not everyone is covered under the ADA. There are certain basic requirements that must be met in order to be protected. The first and most obvious requirement is that a person must have a disability.

a. Disability Defined

The ADA defines disability as a mental or physical impairment that substantially limits one or more major life activities.⁵ ADA protection extends not only to individuals who currently have a disability, but to those with a record of a mental or physical impairment that substantially limits one or more major life activities, or who are perceived or regarded as having a mental or physical impairment that substantially limits one or more major life activities.⁶

Three things to ask yourself when determining whether an individual has a disability for purposes of the ADA are:

One: Does the individual have an impairment?
A physical impairment is a physiological disorder or condition, cosmetic disfigurement or anatomical loss impacting one or more body systems.⁷ Examples of body systems include neurological, musculoskeletal (the system of muscles and bones), respiratory, cardiovascular, digestive, lymphatic and endocrine.⁸

A mental impairment is a mental or psychological disorder.⁹ Examples include mental retardation, emotional or mental illness, and organic brain syndrome.¹⁰

The Department’s regulations also list other impairments, including contagious and noncontagious diseases; orthopedic, vision, speech and hearing impairments; cerebral palsy; epilepsy; muscular dystrophy; multiple sclerosis; cancer; heart disease; diabetes; specific learning disabilities; HIV disease (with or without symptoms), tuberculosis, drug addiction, and alcoholism.¹¹

Two: Does the impairment limit any major life activities?
An impairment cannot be a disability unless it limits something, and that something is one or more major life activities. A major life activity is an activity that is central to daily life.¹² According to the Department’s regulations, major life activities include walking, seeing, hearing, breathing, caring for oneself, sitting, standing, lifting, learning, thinking, working,¹³ and performing manual tasks that are central to daily life.¹⁴ The Supreme Court has also decided that reproduction is a major life activity.¹⁵ This is not a complete list. Other activities may also qualify, but they need to be activities that are important to most people’s lives.

Three: Is the limitation on any major life activity substantial?
Not only must a person have an impairment that limits one or more major life activities, but the limitation of at least one major life activity must be “substantial.” An impairment “substantially limits” a major life activity if the person cannot perform a major life activity the way an average person in the general population can, or is significantly restricted in the condition, manner or duration of doing so. An impairment is “substantially limiting” under the ADA if the limitation is “severe,” “significant,” “considerable," or "to a large degree."¹⁶ The ADA protects people with serious, long-term conditions. It does not protect people with minor, short-term conditions.

Here are some things to think about when trying to decide if an impairment is substantially limiting:

• What kind of impairment is involved?

• How severe is it?

• How long will the impairment last, or how long is it expected to last?

• What is the impact of the impairment?

• How do mitigating measures, such as eyeglasses and blood pressure medication, impact the impairment? The Supreme Court has ruled that, if an impairment does not substantially limit one or more major life activities because of a mitigating measure an individual is using, the impairment may not qualify as a disability.¹⁷ Remember, however, that mitigating measures such as blood pressure medication may sometimes impose limitations on major life activities, and those must be considered as well.

 

b. A Qualified Person with a Disability

Having an impairment that substantially limits a major life activity may mean that a person has a disability, but that alone still does not mean that individual is entitled to protection under the ADA. A person with a disability must also qualify for protection under the ADA. A “qualified individual with a disability” is someone who meets the essential eligibility requirements for a program, service or activity with or without (1) reasonable modifications to rules, policies, or procedures; (2) removal of physical and communication barriers; and (3) providing auxiliary aids or services for effective communications.¹⁸

Essential eligibility requirements can include minimum age limits or height requirements (such as the age at which a person can first legally drive a car or height requirements to ride a particular roller coaster at a county fair). Because there are so many different situations, it is hard to define this term other than by examples. In some cases, the only essential eligibility requirement may be the desire to participate in the program, service, or activity.

What happens if an individual with a disability does not meet the eligibility requirements? In that case, you will have to look further to determine if the person with the disability is entitled to protection under the ADA. When a person with a disability is not qualified to participate or enjoy a program, service, or activity under Title II, there may be ways to enable the individual to participate, including, for example:

• Making a reasonable modification to the rule, policy, or procedure that is preventing the individual from meeting the requirements,

• Providing effective communication by providing auxiliary aids or services, or

• Removing any architectural barriers.

Reasonable Modification

Public entities must reasonably modify their rules, policies, and procedures to avoid discriminating against people with disabilities.¹⁹ Requiring a driver’s license as proof of identity is a policy that would be discriminatory since there are individuals whose disability makes it impossible for them to obtain a driver’s license. In that case it would be a reasonable modification to accept another type of government-issued I.D. card as proof of identification.

Are there times when a modification to rules, policies and procedures would not be required? Yes, when providing the modification would fundamentally alter the nature of the program, service, or activity.

A fundamental alteration is a change to such a degree that the original program, service, or activity is no longer the same. For example, a city sponsors college-level classes that may be used toward a college degree. To be eligible to enroll, an individual must have either a high school diploma or a General Educational Development certificate (“G.E.D”). If someone lacks a diploma or G.E.D. because of a cognitive disability, would the city have to modify the policy of requiring a high school diploma or G.E.D.? Probably not. Modifying the rule would change the class from college level to something less than college level and would fundamentally alter the original nature of the class.

Effective Communication

People with disabilities cannot participate in government-sponsored programs, services, or activities if they cannot understand what is being communicated. What good would it do for a deaf person to attend a city council meeting to hear the debate on a proposed law if there was no qualified sign language interpreter or real-time captioning (that is, a caption of what is being said immediately after the person says it)? The same result occurs when a blind patron attempts to access the internet on a computer at a county’s public library when the computer is not equipped with screen reader or text enlargement software. Providing effective communication means offering auxiliary aids and services to enable someone with a disability to participate in the program, service, or activity.

Types of Auxiliary Aids and Services
There are a variety of auxiliary aids and services. Here are a few examples.

• For individuals who are deaf or hard of hearing: qualified sign-language and oral interpreters, note takers, computer-aided transcription services, written materials, telephone headset amplifiers, assistive listening systems, telephones compatible with hearing aids, open and closed captioning, videotext displays, and TTYs (teletypewriters).

• For individuals with who are blind or have low vision: qualified readers, taped texts, Braille materials, large print materials, materials in electronic format on compact discs or in emails, and audio recordings.

• For individuals with speech impairments: TTYs, computer stations, speech synthesizers, and communications boards.

Persons with disabilities should have the opportunity to request an auxiliary aid, and you should give ‘primary consideration’ to the aid requested. Primary consideration means that the aid requested should be supplied unless: (1) you can show that there is an equally effective way to communicate; or (2) the aid requested would fundamentally alter the nature of the program, service, or activity.

The Cost of Doing Business
The expense of making a program, service, or activity accessible or providing a reasonable modification or auxiliary aid may not be charged to a person with a disability requesting the accommodation.²⁰

A Final Word: Every disability is a disability of one. While some people with a particular disability may not be able to perform a certain task or participate in a particular program, service, or activity, others may be able to do so.

The key to making correct decisions is an individualized assessment. Avoid blanket exclusions, and evaluate each person based on his or her own abilities.

2. What is Covered?

Programs, Services, and Activities
Public entities may provide a wide range of programs, services, and activities. Police, fire, corrections, and courts are services offered by public entities. Administrative duties such as tax assessment or tax collection are services. Places people go such as parks, polling places, stadiums, and sidewalks are covered. These are just some examples (and by no means a complete list) of the types of programs, services, and activities typically offered by state and local governments.

Integrated Setting
One of the main goals of the ADA is to provide people with disabilities the opportunity to participate in the mainstream of American society. Commonly known as the “integration mandate,” public entities must make their programs, services, and activities accessible to qualified people with disabilities in the most integrated way appropriate to their needs.²¹

Separate or special activities are permitted under Title II of the ADA to ensure that people with disabilities receive an equal opportunity to benefit from your government’s programs, services, or activities.²² However, even if a separate program is offered to people with disabilities or people with one kind of disability, a public entity cannot deny a person with a disability access to the regular program. Under the ADA, people with disabilities get to decide which program they want to participate in, even if the public entity does not think the individual will benefit from the regular program.²³

3. When Was it Built? Why Does it Matter?

The ADA treats facilities that were built before it went into effect differently from those built or renovated afterwards. The key date to remember is January 26, 1992, when Title II’s accessability [sic] requirements for new construction and alterations took effect.²⁴

Before January 26, 1992
Facilities built before January 26, 1992, are referred to as “pre-ADA” facilities.²⁵ If there is an architectural barrier to accessibility in a pre-ADA facility, you may remove the barrier using the ADA Standards for Accessible Design or UFAS as a guide, or you may choose to make the program, service, or activity located in the building accessible by providing “program access.”²⁶ Program access allows you to move the program to an accessible location, or use some way other than making all architectural changes to make the program, service, or activity readily accessible to and usable by individuals with disabilities.

There are many ways to make a program, service, or activity accessible other than through architectural modifications. Keep in mind, however, that sometimes making architectural changes is the best solution financially or administratively, or because it furthers the ADA’s goal of integration.

After January 26, 1992
Any facility built or altered after January 26, 1992, must be “readily accessible to and usable by” persons with disabilities.²⁷ For ADA compliance purposes, any facility where construction commenced after January 26, 1992 is considered “new,” “newly constructed,” or “post-ADA.” “Readily accessible to and usable by” means that the new or altered building must be built in strict compliance with either the ADA Standards for Accessible Design or UFAS.

Altering (renovating) a building means making a change in the usability of the altered item. Examples of changes in usability include: changing a low pile carpet to a thick pile carpet, moving walls, installing new toilets, or adding more parking spaces to a parking lot. Any state or local government facility that was altered after January 26,1992 was required to be altered in compliance with the ADA Standards or UFAS.

When part of a building has been altered, the alterations must be made in strict compliance with architectural standards, including creating an accessible path of travel to the altered area.

Of course, it is possible for a pre-ADA building (i.e., built before 1992) to have altered elements. In that case, the public entity can provide program access for the programs housed in the non-altered portion of the building by making them available in the parts of the building that have been altered.

New and altered facilities must be built in compliance with the ADA Standards or UFAS regardless of what, if any, programs are located in them. Even if new or altered facilities are not open to the public, they must be accessible to people with disabilities.

4. Enforcement and Remedies

An individual or a specific class of individuals or their representative alleging discrimination on the basis of disability by a state or local government may either file –

(1) an administrative complaint with the Department of Justice or another appropriate federal agency; or

(2) a lawsuit in federal district court.

If an individual files an administrative complaint, the Department of Justice or another federal agency may investigate the allegations of discrimination. Should the agency conclude that the public entity violated Title II of the ADA, it will attempt to negotiate a settlement with the public entity to remedy the violations. If settlement efforts fail, the agency that investigated the complaint may pursue administrative relief or refer the matter to the Department of Justice. The Department of Justice will determine whether to file a lawsuit against a public entity to enforce Title II of the ADA.

Potential remedies (both for negotiated settlements with the Department of Justice and court-ordered settlements when the Department of Justice files a lawsuit) include:

• injunctive relief to enforce the ADA (such as requiring that a public entity make modifications so a building is in full compliance with the ADA Standards for Accessible Design or requiring that a public entity modify or make exceptions to a policy);

• compensatory damages for victims; and/or

• back pay in cases of employment discrimination by state or local governments.

In cases where there is federal funding, fund termination is also an enforcement option that federal agencies may pursue.

Chapter 2 ADA Coordinator, Notice & Grievance Procedure: Administrative Requirements Under Title II of the ADA

In this section, you will learn about the administrative requirements of Title II of the ADA, including the mandates to designate an ADA coordinator, give notice about the ADA’s requirements, and establish a grievance procedure. Questions answered include:

• If the local government has fewer than 50 employees, do different requirements apply?

• What are the responsibilities of an ADA Coordinator?

• What are the benefits of having an ADA Coordinator?

• What are the requirements for providing notice of the ADA’s provisions?

• How and where must you provide ADA notices?

• What is a grievance procedure?

• What must an ADA grievance procedure include?

A. Designating an ADA Coordinator

If a public entity has 50 or more employees, it is required to designate at least one responsible employee to coordinate ADA compliance.¹ A government entity may elect to have more than one ADA Coordinator. Although the law does not refer to this person as an “ADA Coordinator,” this term is commonly used in state and local governments across the country and will be used in this chapter.

The ADA Coordinator is responsible for coordinating the efforts of the government entity to comply with Title II and investigating any complaints that the entity has violated Title II. The name, office address, and telephone number of the ADA Coordinator must be provided to interested persons.

Benefits of an ADA Coordinator

There are many benefits to having a knowledgeable ADA coordinator, even for smaller public entities that are not required to have one.

For members of the public, having an ADA Coordinator makes it easy to identify someone to help them with questions and concerns about disability discrimination. For example, the ADA Coordinator is often the main contact when someone wishes to request an auxiliary aid or service for effective communication, such as a sign language interpreter or documents in Braille. A knowledgeable ADA Coordinator will be able to efficiently assist people with disabilities with their questions. She or he will also be responsible for investigating complaints.

Having an ADA Coordinator also benefits state and local government entities. It provides a specific contact person with knowledge and information about the ADA so that questions by staff can be answered efficiently and consistently. In addition, she or he coordinates compliance measures and can be instrumental in ensuring that compliance plans move forward. With the help of this Tool Kit, ADA Coordinators can take the lead in auditing their state or local government’s programs, policies, activities, services, and facilities for ADA compliance.

B. Notice of the ADA’s Provisions

The second administrative requirement is providing public notice about the ADA.² There are three main considerations for providing notice:

1. Who is the target audience for the ADA notice?

2. What information shall the notice include?

3. Where and how should the notice be provided?

Regardless of Size, the ADA Notice Requirement Applies

The ADA notice requirement applies to ALL state and local governments covered by title II, even localities with fewer than 50 employees.

1. Who is the target audience for the ADA notice?

The target audience for public notice includes applicants, beneficiaries, and other people interested in the state or local government’s programs, activities, or services. The audience is expansive, and includes everyone who interacts – or would potentially interact – with the state or local government.

2. What information shall the notice include?

The notice is required to include relevant information regarding Title II of the ADA, and how it applies to the programs, services, and activities of the public entity.

The notice should not be overwhelming. An effective notice states the basics of what the ADA requires of the state or local government without being too lengthy, legalistic, or complicated. It should include the name and contact information of the ADA Coordinator.

This chapter contains a model “Notice Under the Americans with Disabilities Act” created by the Department of Justice. It is a one page document in a standard font, and includes brief statements about:

• employment,

• effective communication,

• making reasonable modifications to policies and programs,

• not placing surcharges on modifications or auxiliary aids and services, and

• filing complaints.

The model notice is included at the end of this chapter.

3. How and where should the notice be provided?

It is the obligation of the head of the public entity to determine the most effective way of providing notice to the public about their rights and the public entity’s responsibilities under the ADA.

Publishing and publicizing the ADA notice is not a one-time requirement. State and local governments should provide the information on an ongoing basis, whenever necessary. If you use the radio, newspaper, television, or mailings, re-publish and re-broadcast the notice periodically.

The information must be presented so that it is accessible to all. Therefore, it must be available in alternative formats.

C. Establishing and Publishing Grievance Procedures

Local governments with 50 or more employees are required to adopt and publish procedures for resolving grievances arising under Title II of the ADA.³ Grievance procedures set out a system for resolving complaints of disability discrimination in a prompt and fair manner.

Neither Title II nor its implementing regulations describe what ADA grievance procedures must include. However, the Department of Justice has developed a model grievance procedure that is included at the end of this chapter.

The grievance procedure should include:

• a description of how and where a complaint under Title II may be filed with the government entity;

• if a written complaint is required, a statement notifying potential complainants that alternative means of filing will be available to people with disabilities who require such an alternative;

• a description of the time frames and processes to be followed by the complainant and the government entity;

• information on how to appeal an adverse decision; and

• a statement of how long complaint files will be retained.

Once a state or local government establishes a grievance procedure under the ADA, it should be distributed to all agency heads. Post copies in public spaces of public building and on the government’s website. Update the procedure and the contact information as necessary.

In addition, the procedure must be available in alternative formats so that it is accessible to all people with disabilities.

D. Summing up: ADA Coordinator, Notice, and Grievance Procedures

If a state or local government has fewer than 50 employees, it is required to:

• adopt and distribute a public notice about the relevant provisions of the ADA to all people who may be interested in its programs, activities, and services.

If a state or local government has 50 employees or more, it is required to:

• adopt and distribute a public notice about the relevant provisions of the ADA to all persons who may be interested in its programs, activities, and services;

• designate at least one employee responsible for coordinating compliance with the ADA and investigating ADA complaints; and

• develop and publish grievance procedures to provide fair and prompt resolution of complaints under Title II of the ADA at the local level.

These administrative requirements help ensure that the needs of people with disabilities are addressed in the programs, activities, and services operated by a public entity. Having these requirements in place will not prevent all problems, but it will help you to address many questions and problems efficiently.

 NOTICE UNDER THE AMERICANS WITH DISABILITIES ACT

In accordance with the requirements of title II of the Americans with Disabilities Act of 1990 ("ADA"), the [name of public entity] will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities. 

Employment: [name of public entity] does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under title I of the ADA.

Effective Communication: [Name of public entity] will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in [name of public entity’s] programs, services, and activities, including qualified sign language interpreters, documents in Braille, and other ways of making information and communications accessible to people who have speech, hearing, or vision impairments.

Modifications to Policies and Procedures: [Name of public entity] will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities.  For example, individuals with service animals are welcomed in [name of public entity] offices, even where pets are generally prohibited.

Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to participate in a program, service, or activity of [name of public entity], should contact the office of [name and contact information for ADA Coordinator] as soon as possible but no later than 48 hours before the scheduled event.

The ADA does not require the [name of public entity] to take any action that would fundamentally alter the nature of its programs or services, or impose an undue financial or administrative burden. 

Complaints that a program, service, or activity of [name of public entity] is not accessible to persons with disabilities should be directed to [name and contact information for ADA Coordinator].

[Name of public entity] will not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable modifications of policy, such as retrieving items from locations that are open to the public but are not accessible to persons who use wheelchairs.

[Name of public entity] Grievance Procedure under The Americans with Disabilities Act

This Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act of 1990 ("ADA").  It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits by the [name of public entity].  The [e.g. State, City, County, Town]'s Personnel Policy governs employment-related complaints of disability discrimination. 

The complaint should be in writing and contain information about the alleged discrimination such as name, address, phone number of complainant and location, date, and description of the problem.  Alternative means of filing complaints, such as personal interviews or a tape recording of the complaint, will be made available for persons with disabilities upon request.

The complaint should be submitted by the grievant and/or his/her designee as soon as possible but no later than 60 calendar days after the alleged violation to:                                               

[Insert ADA Coordinator’s name]
ADA Coordinator [and other title if appropriate]
[Insert ADA Coordinator’s mailing address]

Within 15 calendar days after receipt of the complaint, [ADA Coordinator's name] or [his/her] designee will meet with the complainant to discuss the complaint and the possible resolutions.  Within 15 calendar days of the meeting, [ADA Coordinator's name] or [his/her] designee will respond in writing, and where appropriate, in a format accessible to the complainant, such as large print, Braille, or audio tape.  The response will explain the position of the [name of public entity] and offer options for substantive resolution of the complaint.

If the response by [ADA Coordinator's name] or [his/her] designee does not satisfactorily resolve the issue, the complainant and/or his/her designee may appeal the decision within 15 calendar days after receipt of the response to the [City Manager/County Commissioner/ other appropriate high-level official] or [his/her] designee.

Within 15 calendar days after receipt of the appeal, the [City Manager/County Commissioner/ other appropriate high-level official] or [his/her] designee will meet with the complainant to discuss the complaint and possible resolutions.  Within 15 calendar days after the meeting, the [City Manager/County Commissioner/ other appropriate high-level official] or [his/her] designee will respond in writing, and, where appropriate, in a format accessible to the complainant, with a final resolution of the complaint.

All written complaints received by  [name of ADA Coordinator] or [his/her] designee, appeals to the [City Manager/County Commissioner/ other appropriate high-level official] or [his/her] designee, and responses from these two offices will be retained by the [public entity] for at least three years.

Chapter 2 Addendum: Title II Checklist (ADA Coordinator, Notice & Grievance Procedure)

PURPOSE OF THIS CHECKLIST: This checklist is designed for use as an assessment of (1) the requirements and tasks of an ADA Coordinator, (2) the government entity’s provision of the ADA notice, and (3) the government entity’s ADA grievance procedures.

ADA Coordinator

1. Does the state or local government have an ADA Coordinator? All state and local governments with 50 or more employees are required to designate at least one responsible employee to coordinate ADA compliance.

2. Does the ADA Coordinator have the time and expertise necessary to coordinate the government’s efforts to comply with and carry out its responsibilities under the ADA?

   ◼ Yes

   ◼ No

3. Does the ADA coordinator actually carry out these duties?

   ◼ Yes

   ◼ No

4. Does the ADA Coordinator investigate all complaints communicated to the government alleging that the government does not comply with the ADA?

   ◼ Yes

   ◼ No

5. Does the government make available to all interested people the name, office address, and telephone number of the ADA Coordinator?

   ◼ Yes

   ◼ No

Notice

1. Does the state or local government make information available to the general public regarding the fact that the ADA applies to the services, programs, and activities of the government?

   ◼ Yes

   ◼ No

2. Does the state or local government use the Department of Justice’s model “Notice Under the Americans with Disabilities Act” or a similarly comprehensive notice?

   ◼ Yes

   ◼ No

3. Does the state or local government post this information in public areas or make it available in other ways as deemed necessary by the head of the government entity to inform people of the protections of the ADA?

   ◼ Yes

   ◼ No

4. Is the ADA notice available in alternate formats – i.e., large print, Braille, audio format, accessible electronic format (e.g., via email, in HTML format on its website)?

   ◼ Yes

   ◼ No

Grievance Procedures

1. Does the state or local government have a grievance procedure? All state and local governments with 50 or more employees are required to adopt and publish grievance procedures providing for prompt and fair resolution of complaints of discrimination on the basis of disability.

2. Does the local government use the Department of Justice’s model “Grievance Procedure under the Americans with Disabilities Act” or a similarly comprehensive grievance procedure (i.e., a grievance procedure for complaints made by any member of the public under the ADA related to any program, service, or activity)?

    ◼ Yes

   ◼ No

3. Is the grievance procedure available in alternate formats?

   ◼ Yes

   ◼ No

Chapter 3 General Effective Communication Requirements Under Title II of the ADA

In this chapter, you will learn about the requirements of Title II of the ADA for effective communication. Questions answered include:

• What is effective communication?

• What are auxiliary aids and services?

• When is a state or local government required to provide auxiliary aids and services?

• Who chooses the auxiliary aid or service that will be provided?

A. Providing Equally Effective Communication

Under Title II of the ADA, all state and local governments are required to take steps to ensure that their communications with people with disabilities are as effective as communications with others.¹ This requirement is referred to as “effective communication”² and it is required except where a state or local government can show that providing effective communication would fundamentally alter the nature of the service or program in question or would result in an undue financial and administrative burden.

What does it mean for communication to be “effective”? Simply put, “effective communication” means that whatever is written or spoken must be as clear and understandable to people with disabilities as it is for people who do not have disabilities. This is important because some people have disabilities that affect how they communicate.

How is communication with individuals with disabilities different from communication with people without disabilities? For most individuals with disabilities, there is no difference. But people who have disabilities that affect hearing, seeing, speaking, reading, writing, or understanding may use different ways to communicate than people who do not.

1. Providing Equal Access With Auxiliary Aids and Services

There are many ways that you can provide equal access to communications for people with disabilities. These different ways are provided through “auxiliary aids and services.” “Auxiliary aids and services” are devices or services that enable effective communication for people with disabilities.³

Title II of the ADA requires government entities to make appropriate auxiliary aids and services available to ensure effective communication.⁴ You also must make information about the location of accessible services, activities, and facilities available in a format that is accessible to people who are deaf or hard of hearing and those who are blind or have low vision.⁵

Generally, the requirement to provide an auxiliary aid or service is triggered when a person with a disability requests it.

2. Different Types of Auxiliary Aids and Services

Here are some examples of different auxiliary aids and services that may be used to provide effective communication for people with disabilities. But, remember, not all ways work for all people with disabilities or even for people with one type of disability. You must consult with the individual to determine what is effective for him or her.

• qualified interpreters

• notetakers

• screen readers

• computer-aided real-time transcription (CART)

• written materials

• telephone handset amplifiers

• assistive listening systems

• hearing aid-compatible telephones

• computer terminals

• speech synthesizers

• communication boards

• text telephones (TTYs)

• open or closed captioning

• closed caption decoders

• video interpreting services

• videotext displays

• description of visually presented materials

• exchange of written notes

• TTY or video relay service

• email

• text messaging

• instant messaging

• qualified readers

• assistance filling out forms

• taped texts

• audio recordings

• Brailled materials

• large print materials

• materials in electronic format (compact disc with materials in plain text or word processor format)

B. Speaking, Listening, Reading, and Writing: When Auxiliary Aids and Services Must be Provided

Remember that communication may occur in different ways. Speaking, listening, reading, and writing are all common ways of communicating. When these communications involve a person with a disability, an auxiliary aid or service may be required for communication to be effective. The type of aid or service necessary depends on the length and complexity of the communication as well as the format.

1. Face-to-Face Communications

For brief or simple face-to-face exchanges, very basic aids are usually appropriate. For example, exchanging written notes may be effective when a deaf person asks for a copy of a form at the library.

For more complex or lengthy exchanges, more advanced aids and services are required. Consider how important the communication is, how many people are involved, the length of the communication anticipated, and the context.

Examples of instances where more advanced aids and services are necessary include meetings, hearings, interviews, medical appointments, training and counseling sessions, and court proceedings. In these types of situations where someone involved has a disability that affects communication, auxiliary aids and services such as qualified interpreters, computer-aided real-time transcription (CART), open and closed captioning, video relay, assistive listening devices, and computer terminals may be required. Written transcripts also may be appropriate in pre-scripted situations such as speeches.

2. Written Communications

Accessing written communications may be difficult for people who are blind or have low vision and individuals with other disabilities. Alternative formats such as Braille, large print text, emails or compact discs (CDs) with the information in accessible formats, or audio recordings are often effective ways of making information accessible to these individuals. In instances where information is provided in written form, ensure effective communication for people who cannot read the text. Consider the context, the importance of the information, and the length and complexity of the materials.

When you plan ahead to print and produce documents, it is easy to print or order some in alternative formats, such as large print, Braille, audio recordings, and documents stored electronically in accessible formats on CDs. Some examples of events when you are likely to produce documents in advance include training sessions, informational sessions, meetings, hearings, and press conferences. In many instances, you will receive a request for an alternative format from a person with a disability before the event.

If written information is involved and there is little time or need to have it produced in an alternative format, reading the information aloud may be effective. For example, if there are brief written instructions on how to get to an office in a public building, it is often effective to read the directions aloud to the person. Alternatively, an agency employee may be able to accompany the person and provide assistance in locating the office.

3. Primary Consideration: Who Chooses the Auxiliary Aid or Service?

When an auxiliary aid or service is requested by someone with a disability, you must provide an opportunity for that person to request the auxiliary aids and services of their choice, and you must give primary consideration to the individual’s choice.⁶ “Primary consideration” means that the public entity must honor the choice of the individual with a disability, with certain exceptions.⁷ The individual with a disability is in the best position to determine what type of aid or service will be effective.

The requirement for consultation and primary consideration of the individual’s choice applies to aurally communicated information (i.e., information intended to be heard) as well as information provided in visual formats.

The requesting person’s choice does not have to be followed if:

• the public entity can demonstrate that another equally effective means of communication is available;

• use of the means chosen would result in a fundamental alteration in the service, program, or activity; or

• the means chosen would result in an undue financial and administrative burden.

4. Providing Qualified Interpreters and Qualified Readers

When an interpreter is requested by a person who is deaf or hard of hearing, the interpreter provided must be qualified.

A “qualified interpreter” is someone who is able to sign to the individual who is deaf what is being spoken by the hearing person and who can voice to the hearing person what is being signed by the person who is deaf. Certification is not required if the individual has the necessary skills. To be qualified, an interpreter must be able to convey communications effectively, accurately, and impartially, and use any necessary specialized vocabulary.⁸

Similarly, those serving as readers for people who are blind or have low vision must also be “qualified.”⁹ For example, a qualified reader at an office where people apply for permits would need to be able to read information on the permit process accurately and in a manner that the person requiring assistance can understand. The qualified reader would also need to be capable of assisting the individual in completing forms by accurately reading instructions and recording information on each form, in accordance with each form’s instructions and the instructions provided by the individual who requires the assistance.

5. Television, Videos, Telephones, and Title II of the ADA

The effective communication requirement also covers public television programs, videos produced by a public entity, and telephone communications.¹⁰ These communications must be accessible to people with disabilities.

a. Public Television and Videos

If your local government produces public television programs or videos, they must be accessible. A common way of making them accessible to people who are unable to hear the audio portion of these productions is closed captioning. For persons who are blind or have low vision, detailed audio description may be added to describe important visual images.

b. Telephone Communications

Public entities that use telephones must provide equally effective communication to individuals with disabilities. There are two common ways that people who are deaf or hard of hearing and those with speech impairments use telecommunication. One way is through the use of teletypewriters (TTYs) or computer equipment with TTY capability to place telephone calls. A TTY is a device on which you can type and receive text messages. For a TTY to be used, both parties to the conversation must have a TTY or a computer with TTY capability. If TTYs are provided for employees who handle incoming calls, be sure that these employees are trained and receive periodic refreshers on how to communicate using this equipment.

A second way is by utilizing telephone relay services or video relay services. Telephone relay services involve a relay operator who uses both a standard telephone and a TTY to type the voice messages to the TTY user and read the TTY messages to the standard telephone user. Video relay services involve a relay operator who uses both a standard telephone and a computer video terminal to communicate voice messages in sign language to the computer video terminal user and to voice the sign language messages to the standard telephone user.

Public employees must be instructed to accept and handle relayed calls in the normal course of business. Untrained individuals frequently mistake relay calls for telemarketing or collect calls and refuse to accept them. They also may mistakenly assume that deaf people must come into a government office to handle a matter in person even though other people are allowed to handle the same matter over the telephone.

C. Planning Ahead to Provide Effective Communication

Even before someone requests an auxiliary aid or service from your public entity, plan ahead to accommodate the communication needs of persons with disabilities. Prepare for the time when someone will request a qualified interpreter, Braille documents, video relay, or another auxiliary aid or service.

• Identify local resources for auxiliary aids and services. Even if you do not think there is anyone with a disability in your community, you need to be prepared.

• Find out how you can produce documents in Braille or acquire other aids or services. Technology is changing, and much of the equipment needed to ensure effective communication is less expensive than it once was. Consider whether it makes sense to procure equipment or obtain services through vendors. If your needs will be best met by using vendors, identify vendors who can provide the aids or services and get information about how much advance notice the vendors will need to produce documents or provide services.

• Contract with qualified interpreter services and other providers so that interpreters and other aids and services will be available on short notice. This is especially critical for time-sensitive situations, such as when a qualified interpreter is necessary to communicate with someone who is arrested, injured, hospitalized, or involved in some other emergency.

• Use the checklist included in this Chapter to assess your agency’s ability to provide effective communication and to figure out the next steps for achieving ADA compliance.

• Train employees about effective communication and how to obtain and use auxiliary aids and services. All employees who interact with the public over the telephone or in person need to know their role in ensuring effective communication.

Chapter 3 Addendum: Title II Checklist (General Effective Communication)

PURPOSE OF THIS CHECKLIST: This checklist is designed for use as an assessment of a state or local government’s provision of effective communication.

MATERIALS AND INFORMATION NEEDED: To assess compliance with the general effective communication requirements, you will need:

• a copy of any policies or procedures related to providing sign language interpreters, oral interpreters, cued speech interpreters, notetakers, computer-aided transcription services, etc., when requested by members of the general public. If different departments have different policies, you should review each of the policies.

• a list of printed materials provided to the public by the locality and an indication of whether these materials are provided, upon request, in an accessible format, such as in large print, Braille, or audio recording.

• a list of any videos or television programs produced by the locality and an indication of whether these videos or programs have captioning and audio descriptions.

• a list of where teletypewriters (TTYs) are provided by the locality.

• a copy of any training materials used in training government employees about providing effective communication to members of the general public whose disabilities affect communication.

Interpreters (Sign Language, Oral, and Cued Speech)

1. Does each department of your state or local government have a policy and procedures in place to deal with requests from the general public for sign language, oral, and cued speech interpreters?

  ◼ Yes

  ◼ No

2. If policies and procedures are in place, do they:

a.    Specify that sign language, oral, and cued speech interpreters can be obtained within a short period of time when necessary? (For example, when needed for hospital emergency rooms, interpreters should be available either in person or by using video relay systems within a reasonable period of time, 24 hours a day, 7 days a week – in this setting, reasonable usually means within an hour of a request. In non-emergency situations, a public entity can require reasonable advance notice for interpreter requests.)

  ◼ Yes

  ◼ No

b.    Make clear that it is generally inappropriate to request family members and companions of deaf persons to serve as sign language interpreters?

  ◼ Yes

  ◼ No

c.    Specify that deaf persons requesting interpreters should not be charged for the cost of the interpreter?

  ◼ Yes

  ◼ No

d.    Specify that the public entity’s decision to deny an interpreter based on undue financial and administrative burden must be made after considering all resources available for use in funding the operation of the program and must be accompanied by a written statement of the reasons for reaching the conclusion?

  ◼ Yes

  ◼ No

e. Specify that, in any instance where the provision of an interpreter would result in an undue financial and administrative burden, the entity will take any other action that would not result in an undue financial and administrative burden but would nevertheless ensure that the individual with a disability receives the benefits or services provided?

  ◼ Yes

  ◼ No

3.    Does your state or local government have employees on staff who are qualified interpreters or have arrangements with one or more vendors to provide interpreting services when needed?

 ◼ Yes

  ◼ No

4.    Have the employees who interact with the public been trained on the correct procedures to follow when a person requests an interpreter?

  ◼ Yes

  ◼ No

5.    Review documentation and speak with agency personnel responsible for responding to requests for interpreter services. When requests for interpreters have been made in the past, were they granted:

a.    For events such as meetings, interviews, hearings, medical appointments, court proceedings, and training and counseling sessions?

  ◼ Yes

  ◼ No

b.   Without the state or local government asking the individual who requested the interpreter charged to pay for the services?

  ◼ Yes

  ◼ No

Other Auxiliary Aids and Services

6.   Does your state or local government have policies and procedures in place to deal with requests from the general public for documents in Braille, large print, audio recording, and accessible electronic format (that is, an email or compact disc containing the document in plain text, word processing format, HTML or some other format that can be accessed with screen reader software)?

  ◼ Yes

  ◼ No

7.   Does your state or local government have policies and procedures in place to deal with requests from the general public for notetakers, computer-assisted real-time transcription services, and other auxiliary aids and services for providing effective communication?

  ◼ Yes

  ◼ No

8.   Does your state or local government have the equipment or arrangements with vendors so it can provide written materials in alternative formats (e.g., Braille, large print, audio format, electronic format)?

  ◼ Yes

  ◼ No

9.   Does your state or local government provide written materials in alternative formats when asked to do so? (For example, does your entity communicate with blind people by using Braille, large print, or email when asked to do so?)

  ◼ Yes

  ◼ No

10.   Does your state or local government give primary consideration to the requests of the person with a disability when determining what type of auxiliary aid or service to provide?

  ◼ Yes

  ◼ No

11.   Does your entity ensure that all videos and television programs it produces and all videos it makes available to the public on its internet website are available with captioning and audio description?

  ◼ Yes

  ◼ No

TTYs

12. Where telephones are available to the public for making outgoing calls, are TTYs available for people with hearing and speech disabilities?

  ◼ Yes

  ◼  No

13. Does your state or local government handle calls placed using a Telecommunications Relay Service or a Video Relay Service in the same way as other telephone calls?

  ◼  Yes

  ◼  No

Chapter 4 9-1-1 and Emergency Communications Services

In this chapter you will learn the basics about what the ADA requires for 9-1-1 and other emergency communications services operated by or for state or local governments. It answers questions including:

• What types of emergency communications services are covered?

• How does a TTY work?

• What are voice carryover and hearing carryover?

• How must a call taker handle silent, open line calls?

• What training should call takers receive?

• How are technological changes affecting the way deaf people communicate, and what impact does this have on emergency communication services?

• How can direct emergency communications services be provided to individuals with hearing disabilities who do not have TTYs?

A. What are the ADA’s Requirements for Emergency Communications Systems?

The ADA requires that all Public Safety Answering Points (PSAPs) provide direct and equal access to their services for people with disabilities who use teletypewriters (TTYs).¹

1. What does direct and equal access mean?

“Direct access” means that PSAPs must directly receive TTY calls without relying on an outside relay service or third-party services.

“Equal access” means that the telephone emergency services provided for TTY users are as effective as those provided for people who make voice calls. Access must be equal in terms of:

• response time;

• response quality;

• hours of operation; and

• all other features offered (e.g., automatic number identification, automatic location identification, automatic call distribution).

2. Types of Telephone Emergency Services Covered

All basic emergency services provided by public safety agencies are covered, including police, fire, and ambulance services. Direct, equal access must be provided to all services included in the system. An example of another emergency service covered is an emergency poison control information service.

Some emergency communications services use a two-tiered system to dispatch services. In these situations, a primary PSAP is the initial 9-1-1 answering point. It transfers calls to secondary PSAPs, such as fire or emergency medical services. In those transfer situations, PSAPs must understand how to correctly transfer TTY calls. Secondary PSAPs have the same responsibilities under the ADA as do primary PSAPs. They must be able to receive transferred TTY calls as efficiently and effectively as voice calls. 

B. How Does a TTY Work?

Before further discussion of the requirements for emergency communications services under Title II of the ADA, let’s do a quick review of how TTYs work. This information is important in order to understand this chapter’s discussion of equipment.

A TTY is a device that is used with a telephone to communicate with persons with hearing disabilities or speech disabilities. To communicate by TTY, a person types his or her conversation, which is then read on a TTY display or a computer display by the person who receives the call. Both parties must have a TTY or a computer with a TTY modem and related software to communicate. The computer equipment must be compatible with the code used by TTYs and capable of translating between the TTY code and the computer code.

Most TTY devices transmit the information typed through the telephone line in an electronic code called Baudot. When it reaches the receiving TTY, the code is translated back to characters. Computers with TTY modems generally operate in American Standard Code for Information Interexchange (ASCII), an electronic “language.” Thus, computers must have an ASCII/Baudot modem and related software in order to translate Baudot sent from TTYs.

When a standard TTY is used, communications can only occur in one direction at a time. In other words, the two people involved in the conversation must take turns sending and receiving. A person sending a communication by TTY indicates that he or she has finished transmitting by typing the letters “GA,” which stand for “go ahead.”

How do you know when it’s a TTY call?

• Some TTYs emit a recorded spoken announcement to the call taker that a TTY call is being received. For example, the announcement may state: “HEARING IMPAIRED CALLER. USE TTY.”

• TTY callers may press TTY keys to emit audible tones and more quickly notify the call taker that a TTY call is being placed.

• You may not know you have a TTY call unless you query the line with a TTY. Often, the TTY call will be perceived by the call taker as a silent, open line call. This is because the caller’s equipment does not recognize that the call has been answered until the call taker sends a TTY response.

C. Equipment and Features to Provide Direct and Equal Access to Emergency Communications Services

Now that you have a basic understanding of how TTY communications work, let’s look at how Title II of the ADA’s requirements translate to what PSAPs need to do. Remember, PSAPs must provide direct and equal access to emergency communications services for people who use TTYs.

1. Number of TTYs

In order to provide equal access to TTY users, every call-taking position within the PSAP must have its own TTY or TTY-compatible equipment.³ PSAPs must have systems that enable call takers to handle TTY calls as properly, promptly, and reliably as voice calls.

Why must every call-taking position have its own TTY or TTY-compatible equipment? To give TTY users equal access to emergency call services. Experience has shown that:

• With TTY or TTY-compatible equipment at each call-taking position, call takers can handle TTY calls as effectively as voice calls.

• Call takers at PSAPs that have only one TTY have significant difficulties handling TTY calls as quickly as voice calls.

• Sharing a TTY among several call takers may result in undue delay in obtaining the TTY and connecting it to the answering position.

• Transferring a TTY call from a non-TTY capable answering position to a TTY-dedicated position may result in the call being disconnected or undue delay in answering the call. In some cases, transfers may result in the loss of enhanced features, such as automatic number identification and automatic location identification information.

• Each call taker needs to query every silent, open line as a potential TTY call. Because most PSAPs receive many silent, open line calls, often more than one at a time, each call taker must have his or her own TTY equipment to be able to query all of those calls with a TTY.

2. Automatic Identification Features

Many PSAPs have equipment with advanced features that facilitate quicker responses to callers. For example, many have automatic number identification (ANI) and automatic location identification (ALI). These features automatically tell the call taker the phone number and address from which a call originates.

If your area’s emergency service provider has these features, you must ensure that TTY calls have the same access as voice calls to such enhanced features whenever feasible. Such features are currently available for TTY calls placed using traditional TTY hook-ups to standard telephone lines. Emergency service providers need to stay current with changing technology to ensure that equal access and services are provided to TTY callers relying on newer technologies when they become available.

TTY calls may not simply be transferred to a third line to get this information because transfers often result in the loss of the automatic phone number and address information.

3. Automatic Call Distribution (ACD)

Another feature employed by PSAPs is automatic call distribution (ACD). ACD places incoming calls into a queue, sends out a programmed message to callers to let them know that their calls have been received, and distributes calls to the next available call taker. This feature, if offered, must also be accessible for TTY calls. For TTY callers transferred to a queue using ACD, there must be a programmed TTY message providing the same information that other callers receive.

4. Switching Between Voice Mode and TTY Mode

All call takers must have the capability to switch back and forth easily from TTY mode to voice mode during the same call. This is especially necessary for silent calls because it allows the call taker to first query the line by voice and then quickly switch to query the line by TTY.

5. Voice Carryover and Hearing Carryover

Voice carryover (VCO) is a communication hybrid of TTY and voice. With VCO, a person with hearing loss can speak directly to the call taker and read the response that is typed back.

Hearing carryover (HCO) allows a TTY user to type words on the TTY and hear call takers’ spoken responses through the handset.

Having equipment that can switch back and forth between voice mode and TTY mode is also necessary for VCO and HCO. These types of communication can shorten the length of calls that would otherwise be conducted exclusively by typing.

Both of these types of communication can be accomplished using standalone TTY equipment and alternating between speaking into the handset and placing the handset in the TTY when the caller (HCO) or call taker (VCO) types a response.

6. Maintenance and Back-up of TTY Equipment

The ADA regulation contains a specific provision requiring that covered entities maintain their accessible features and equipment in operable working condition.⁴ To comply with this regulation, PSAPs must implement procedures for maintenance and back-up capability for TTY equipment that are equally effective as the procedures for maintenance and back-up capability provided for voice telephone equipment. For example, TTY equipment must be maintained and tested as often as voice equipment to ensure that it is working properly.

If a PSAP has a plan for back-up equipment in case some of its equipment malfunctions, the telephone lines malfunction, or there is a power failure, the plan must provide for TTY calls and equipment. For instance, PSAPs should keep extra TTY equipment on hand, in case primary equipment fails, if they have back-up voice telephone equipment for such a situation.

7. Training Call Takers to Respond Effectively to TTY Calls

PSAPs should train their call takers to effectively recognize and process TTY calls. Providing appropriate equipment is only as effective as your staff training.

The ADA does not specify how call takers should be trained. But the Department of Justice believes that the following are essential for proper training:

• Training should be mandatory for all personnel who may have contact with individuals from the public who have hearing or speech disabilities.

• PSAPs should require or offer a refresher training at least as often as they require or offer training for voice calls, but at a minimum, every six months.

The checklist included with this chapter has additional information about what should be included in a comprehensive training program. You should use this checklist to assess your current training program for emergency call services, policies and procedures, and testing program.

8. Testing to Ensure Direct, Equal Access

Frequent testing is essential to ensure direct, equal access to emergency communications services. The best way to test is to implement an internal testing program. The goal of these tests is to determine whether TTY equipment functions properly and whether personnel have been adequately trained to handle TTY calls correctly.

Include these steps in your testing:

• Conduct two types of test calls: silent, open line calls in which no tones are emitted, and calls in which the caller introduces the call by transmitting TTY tones. These tests should be unannounced, and should cover each call taker and each position.

• Keep records of the results of all test calls. Include, at a minimum, the date and time of each test call; the identification of the call taker and the calltaking position; whether each call was silent or transmitted tones; whether the caller received a TTY response and the content of the TTY response; the time elapsed and the number of rings from the initiation of the TTY call until the call taker responded by TTY; and whether the call was processed according to the PSAP’s standard operating procedures.

D. Beyond TTYs: Providing 9-1-1 and Emergency Services Via New Communication Technologies

Some people who have hearing disabilities do not have access to TTYs. This is becoming more and more the case as people who are deaf, just like people in general, communicate using the internet and other relatively new technologies. Because of these advances in communication technology, some deaf people and people with speech disabilities no longer have TTYs in their homes and rely instead on instant messaging, text messaging, email, or the video communication features of computers.

State and local governments are responsible under Title II of the ADA for providing effective communication and equal access to 9-1-1 and other emergency services.⁵ To achieve effective communication, access to 9-1-1 services should be made available, when feasible, to people with hearing and speech disabilities who use communication technologies other than standard telephones or TTYs, such as personal digital assistants (PDAs) or other wireless technologies.

Stay informed about emerging communication technologies as well as the technical abilities of telecommunications equipment and service providers. Meet with members of your community who are deaf, hard-of-hearing, or who have speech disabilities to learn what technologies are available in their homes and elsewhere when emergency assistance is needed. Find out about strategies that other emergency communications services are using to provide effective communications to people with hearing and speech disabilities who do not have TTYs. Train PSAP personnel frequently (at least every six months) and update the training as necessary. Finally, use the checklist included in this chapter to determine if your emergency communications service is providing effective communication as required by Title II of the ADA.

Chapter 4 Addendum: Title II Checklist (9-1-1 and Emergency Communications Services)

PURPOSE OF THIS CHECKLIST: This checklist is designed to identify common problems with the accessibility of a state or local government’s 9-1-1 and emergency communications services.

MATERIALS AND INFORMATION NEEDED: To identify common problems in complying with the effective communication requirements for 9-1-1 and emergency communications services, you will need:

• a written description of equipment used by 9-1-1 and other emergency communications services (e.g., police, fire, ambulance, poison control) and how that equipment handles TTY calls;

• a copy of any policies or procedures regarding how your emergency communications services handle silent, open line calls;

• a copy of any materials used in training emergency communications call takers about TTYs and the handling of TTY calls and information about the frequency of such training;

• a copy or description of your emergency communications service’s policy regarding maintenance and back-up of TTY equipment and the policy regarding maintenance and back-up of equipment for handling standard voice telephone calls;

• a copy of your emergency communication service’s policy regarding testing of TTY equipment and the handling of TTY calls and policy regarding testing of standard voice call-taking equipment and the handling of standard voice calls;

• the results of unannounced test calls made to your emergency communications services telephone number with a TTY;

• statistics for response time to standard voice calls as compared to TTY calls received by the service (if you cannot identify which emergency calls were TTY calls, use the response time for unannounced TTY test calls); and

• feedback from meetings with community members who are deaf, are hard-of-hearing, and have speech disabilities to find out about their experiences in contacting 9-1-1 and emergency communications services and to keep abreast of the communication technology individuals with these disabilities will have available when they attempt to access emergency services when at home or away.

TTY-Compatible Equipment

1. Do you have a TTY or TTY-compatible equipment at every emergency
communications services call-taking position?

  ◼ Yes

  ◼  No

2. Do you have procedures for maintaining TTYs and TTY-compatible
equipment that are as effective as the maintenance procedures for voice
telephone equipment?

  ◼  Yes

  ◼  No

3. If you have a plan for back-up equipment in case of equipment malfunctions,
telephone line malfunctions, or power failure, does that plan cover TTY calls and
equipment ?

  ◼  Yes

  ◼  No

Equal Access

4. Is the response time of the telephone emergency services provided for TTY users equal to the response time of the services provided to others?

  ◼  Yes

  ◼  No

5. Is the response quality of the telephone emergency services provided for TTY users equal to the response quality of the services provided to others?

  ◼  Yes

  ◼  No

6. Are the hours of operation of the telephone emergency services provided for TTY users equal to the hours of operation of the services provided to others?

  ◼  Yes

  ◼  No

7. If the telephone emergency services provide additional features (such as automatic number identification, automatic location identification, automatic call distribution), are the features provided to TTY users equal to the features provided to others, whenever feasible? (Feasibility should be determined based on the availability of technology in the marketplace to perform the function for communications received from TTY users.)

  ◼  Yes

  ◼  No

8. Do call takers respond to each silent, open line call by querying the line with a TTY?

  ◼  Yes

  ◼  No

9. Can all call takers easily switch back and forth between TTY mode and voice mode during a call?

  ◼  Yes

  ◼  No

Training

10. Is TTY training mandatory for all emergency communications services personnel who may have contact with individuals from the public who have hearing or speech disabilities?

  ◼  Yes

  ◼  No

11. Do telephone emergency services require or offer refresher training for TTYs at least as often as they require or offer training for voice calls, and at least every six months?

  ◼  Yes

  ◼  No

Testing

12. Do you test your telephone emergency services to ensure direct, equal access for people using TTYs?

  ◼  Yes

  ◼  No

Chapter 5 Website Accessibility Under Title II of the ADA

In this chapter, you will learn how the nondiscrimination requirements of Title II of the ADA apply to state and local government websites.¹ Chapter 5 answers the following questions:

• Which provisions of Title II of the ADA apply to websites?

• What technologies do people with disabilities use to access the Internet?

• How do poorly designed websites pose barriers to people with disabilities?

• What steps can state and local government agencies take to ensure website accessibility for people with disabilities?

A. Why Should Websites Be Accessible?

The Internet has dramatically changed the way state and local governments do business. Today, government agencies routinely make much more information about their programs, activities, and services available to the public by posting it on their websites. As a result, many people can easily access this information seven days a week, 24 hours a day.

Many government services and activities are also provided on websites because the public is able to participate in them at any time of day and without the assistance of government personnel. Many government websites offer a low cost, quick, and convenient way of filing tax returns, paying bills, renewing licenses, signing up for programs, applying for permits or funding, submitting job applications, and performing a wide variety of other activities.

The Americans with Disabilities Act (ADA) and, if the government entities receive federal funding, the Rehabilitation Act of 1973 generally require that state and local governments provide qualified individuals with disabilities equal access to their programs, services, or activities unless doing so would fundamentally alter the nature of their programs, services, or activities or would impose an undue burden.² One way to help meet these requirements is to ensure that government websites have accessible features for people with disabilities, using the simple steps described in this document. An agency with an inaccessible website may also meet its legal obligations by providing an alternative accessible way for citizens to use the programs or services, such as a staffed telephone information line. These alternatives, however, are unlikely to provide an equal degree of access in terms of hours of operation and the range of options and programs available.

 As you will see, making a website accessible means following a few relatively simple steps.

B. Online Barriers Faced by People with Disabilities

Many people with disabilities use assistive technology that enables them to use computers. Some assistive technology involves separate computer programs or devices, such as screen readers, text enlargement software, and computer programs that enable people to control the computer with their voice. Other assistive technology is built into computer operating systems. For example, basic accessibility features in computer operating systems enable some people with low vision to see computer displays by simply adjusting color schemes, contrast settings, and font sizes. Operating systems enable people with limited manual dexterity to move the mouse pointer using key strokes instead of a standard mouse. Many other types of assistive technology are available, and more are still being developed.

Poorly designed websites can create unnecessary barriers for people with disabilities, just as poorly designed buildings prevent some people with disabilities from entering. Access problems often occur because website designers mistakenly assume that everyone sees and accesses a webpage in the same way. This mistaken assumption can frustrate assistive technologies and their users. Accessible website design recognizes these differences and does not require people to see, hear, or use a standard mouse in order to access the information and services provided.

1. Common Problems and Solutions in Website Accessibility

Let’s look at several common problems and solutions. This is a small sample of relatively basic problems with web design. Resources providing more detailed information on accessible website design are provided at the end of this Chapter.

a. Problem: Images Without Text Equivalents

Blind people, those with low vision, and people with other disabilities that affect their ability to read a computer display often use different technologies so they can access the information displayed on a webpage. Two commonly used technologies are screen readers and refreshable Braille displays. As discussed above, a screen reader is a computer program that speaks the text that appears on the computer display, beginning in the top-left corner. A refreshable Braille display is an electronic device that translates text into Braille characters that can be read by touch. These assistive technologies read text. They cannot translate images into speech or Braille, even if words appear in the images. For example, these technologies cannot interpret a photograph of a stop sign, even if the word “stop” appears in the image.

Because they only read text, screen readers and refreshable Braille displays cannot interpret photographs, charts, color-coded information, or other graphic elements on a webpage. For this reason, a photograph of a mayor on a city’s website is inaccessible to people who use these assistive technologies, and a blind person visiting the website would be unable to tell if the image is a photo, a logo, a map, a chart, artwork, a link to another page, or even a blank page.

b. Problem: Documents Are Not Posted In an Accessible Format

State and local governments will often post documents on their websites using Portable Document Format (PDF). But PDF documents, or those in other image based formats, are often not accessible to blind people who use screen readers and people with low vision who use text enlargement programs or different color and font settings to read computer displays.

c. Problem: Specifying Colors and Font Sizes

Webpage designers often have aesthetic preferences and may want everyone to see their webpages in exactly the same color, size and layout. But because of their disability, many people with low vision do not see webpages the same as other people. Some see only small portions of a computer display at one time. Others cannot see text or images that are too small. Still others can only see website content if it appears in specific colors. For these reasons, many people with low vision use specific color and font settings when they access the Internet – settings that are often very different from those most people use. For example, many people with low vision need to use high contrast settings, such as bold white or yellow letters on a black background. Others need just the opposite – bold black text on a white or yellow background. And, many must use softer, more subtle color combinations.

Users need to be able to manipulate color and font settings in their web browsers and operating systems in order to make pages readable. Some webpages, however, are designed so that changing the color and font settings is impossible.

d. Problem: Videos and Other Multimedia Lack Accessible Features

Due to increasing bandwidth and connection speeds, videos and other multimedia are becoming more common on the websites of state and local governments. Today, some government entities use their websites to post training videos for their employees, feature automated slide shows of recent public events, and offer video tours of local attractions.

These and other types of multimedia can present two distinct problems for people with different disabilities. People who are deaf or hard of hearing can generally see the information presented on webpages. But a deaf person or someone who is hard of hearing may not be able to hear the audio track of a video. On the other hand, persons who are blind or have low vision are frequently unable to see the video images but can hear the audio track.

2. Other considerations when developing websites:

• include a “skip navigation” link at the top of webpages that allows people who use screen readers to ignore navigation links and skip directly to webpage content; 

• minimize blinking, flashing, or other distracting features; 

• if they must be included, ensure that moving, blinking, or auto-updating objects or pages may be paused or stopped; 

• design online forms to include descriptive HTML tags that provide persons with disabilities the information they need to complete and submit the forms; 

• include visual notification and transcripts if sounds automatically play; 

• provide a second, static copy of pages that are auto-refreshing or that require a timed-response; 

• use titles, context, and other heading structures to help users navigate complex pages or elements (such as webpages that use frames). 

3. Identifying other barriers to access

Technology is changing, and many website designers are using creative and innovative ways to present web-based materials. These changes may involve new and different access problems and solutions for people with disabilities. This Chapter discusses just a few of the most common ways in which websites can pose barriers to access for people with disabilities. By using the resources listed at the end of this Chapter, you can learn to identify and address other barriers.

C. Developing an Action Plan For Providing Accessible Websites

Now you know that some types of content and format on webpages can pose barriers for people with disabilities. The next steps are to develop an action plan to fix web content that is currently inaccessible and implement procedures to ensure that all new and modified web content is accessible. The website accessibility checklist included in this section helps you assess what needs to be done.

A well-designed action plan would include the following steps:

I. Establish, implement, and post online a policy that your webpages will be accessible and create a process for implementation. 

II. Ensure that all new and modified webpages and content are accessible.

• Check the HTML of all new webpages. Make sure that accessible coding is used.

• Make sure that websites are designed so they can be displayed using the color and font settings of each visitor’s browser and operating system. 

• If images are used, including photos, graphics, scanned images, or image maps, make sure to include a text equivalent, by adding “alt” tags or long descriptions, for each. 

• If you use online forms and tables, make those elements accessible by labeling each control (including buttons, check boxes, drop-down menus, and text fields) with a descriptive HTML tag.

• When posting documents on the website, always provide them in HTML or a text-based format (even if you are also providing them in another format, such as PDF). 

III. Develop a plan for making your existing web content accessible. Describe your plan on an accessible webpage, and encourage input on how accessibility can be improved. Let visitors to your website know about the standards or guidelines that you are using to make your website accessible. When setting timeframes for accessibility modifications to your website, make more popular webpages a priority. 

IV. When updating webpages, remember to ensure that updates are accessible. For example, when images change, the text equivalents in “alt” tags and long descriptions need to be changed so they match the new images. 

V. Ensure that in-house staff and contractors responsible for webpage and content development are properly trained. Distribute the Department of Justice technical assistance document “Accessibility of State and Local Government Websites to People with Disabilities” to these in-house staff and contractors on an annual basis as a reminder. This technical assistance document is available on the ADA Home Page atwww.ada.gov. 

VI. Provide a way for visitors to request accessible information or services by posting a telephone number or email address on your home page. Establish procedures that ensure a quick response to users with disabilities who are trying to obtain information or services in this way. 

VII. Periodically enlist disability groups to test your pages for ease of use; use the feedback they provide to increase the accessibility of your website. 

VIII. Ensure that there are alternative ways for people with disabilities to access the information and services that are provided on your website. Remember, some people may not have, or be able to use, a computer.

D. Resources

Following are a few of the many resources available to assist state and local governments in making their websites accessible:

• “Accessibility of State and Local Government Websites to People with Disabilities,” a technical assistance document released by the Department of Justice in 2003

• www.access-board.gov, the website of the Architectural and Transportation Barriers Compliance Board (known as “the Access Board”), which establishes the standards used by the federal government to ensure that its electronic and information technology is accessible to people with disabilities; 

• www.section508.gov, the website of the Federal Information Technology Accessibility Initiative; 

• www.ittatc.org [sic], the website of the Information Technology and Technical Assistance Training Center;

• www.cast.org [sic],  the website for the Center for Applied Special Technology, a nonprofit, educational organization working to expand educational opportunities for all, including individuals with disabilities, through technology; 

• 1-800-949-4232 (voice and TTY), the ADA and IT Technical Assistance Centers (www.dbtac.vcu.edu [sic]).

Chapter 5 Addendum: Title II Checklist (Website Accessibility)

PURPOSE OF THIS CHECKLIST: This checklist is designed for use in conducting a preliminary assessment of the accessibility of your agency’s website. The goal is to review your website and your agency’s website policies and procedures and see if there are red flags alerting you to ADA accessibility concerns.

MATERIALS AND INFORMATION NEEDED: To assess the accessibility of your website you will need:

• If already created, a copy of your Website Accessibility Policy.

• Information describing specific actions taken to make your existing website accessible to people with disabilities.

• Information about website accessibility training taken by staff and/or contractors responsible for developing and posting webpages and content.

• Information about any procedures used to obtain input from people with disabilities regarding the accessibility of your website.

• Any input provided by people with disabilities about their experiences accessing your website.

• The assistance of your website manager.

Assessing Current Webpages and Content on Your Website

This section will help you determine if your website has some of the most common accessibility problems. It will not identify all website accessibility problems. 

1.   Does the top of each page with navigation links have a “skip navigation” link? (This feature directs screen readers to bypass the row of navigation links and start at the webpage content, thus enabling people who use screen readers to avoid having to listen to all the links each time they move to a new page.)

  ◼ Yes

  ◼  No

2.    Do all links have a text description that can be read by a screen reader (not just a graphic or “click here”)?

  ◼  Yes

  ◼  No

3.   Do all of the photographs, maps, graphics and other images on the website currently have HTML tags (such as an “alt” tag or a long description tag) with text equivalents of the material being visually conveyed?

  ◼  Yes

  ◼  No

4.   Are all of the documents posted on your website available in HTML or another text-based format (for example, rich text format (RTF) or word processing format), even if you are also providing them in another format, such as Portable Document Format (PDF)?

  ◼  Yes

  ◼  No

5.    If your website has online forms, do HTML tags describe all of the controls (including all text fields, check boxes, drop-down lists, and buttons) that people can use in order to complete and submit the forms?

  ◼  Yes

  ◼  No

  ◼  N/A

6.    If your website has online forms, does the default setting in drop-down lists describe the information being requested instead of displaying a response option (e.g., “your age” instead of “18 - 21”)?

  ◼  Yes

  ◼  No

  ◼  N/A

7.   If a webpage has data charts or tables, is HTML used to associate all data cells with column and row identifiers?

  ◼  Yes

  ◼  No

  ◼  N/A

8.    Do all video files on your website have audio descriptions of what is being displayed to provide access to visually conveyed information for people who are blind or have low vision?

  ◼  Yes

  ◼  No

  ◼  N/A

9.    Do all video files on your website have written captions of spoken communication synchronized with the action to provide access to people who are deaf or hard of hearing?

  ◼  Yes

  ◼  No

  ◼  N/A

10.    Do all audio files on your website have written captions of spoken communication synchronized with the action to provide access to people who are deaf or hard of hearing?

  ◼  Yes

  ◼  No

  ◼  N/A

11.    Have all webpages been designed so they can be viewed using visitors’ web browser and operating system settings for color and font?

  ◼  Yes

  ◼  No

Website Accessibility Policy and Procedures

This section will help you identify potential problems with the ongoing process of ensuring website accessibility

12.    Do you have a written policy on website accessibility?

  ◼  Yes

  ◼  No

13.    Is the website accessibility policy posted on your website in a place where it can be easily located?

  ◼  Yes

  ◼  No

  ◼  N/A

14.    Have procedures been developed to ensure that content is not added to your website until it has been made accessible?

  ◼  Yes

  ◼  No

15.    Does the website manager check the HTML of all new webpages to confirm accessibility before the pages are posted?

  ◼  Yes

  ◼  No

16.    When documents are added to your website in PDF format, are text-based versions of the documents (e.g., HTML, RTF, or word processing format) added at the same time as the PDF versions?

  ◼  Yes

  ◼  No

  ◼  N/A

17.    Have in-house staff and contractors received information about the website accessibility policy and procedures to ensure website accessibility?

  ◼  Yes

  ◼  No

  ◼  N/A

18.   Have in-house and contractor staff received appropriate training on how to ensure the accessibility of your website?

  ◼  Yes

 ◼   No

19.    Have in-house and contractor staff who create web content or post it on your website received copies of the Department of Justice’s technical assistance document “Accessibility of State and Local Government Websites to People with Disabilities”?

  ◼  Yes

  ◼  No

20.    If your website contains inaccessible content, is a specific written plan including timeframes in place now to make all of your existing web content accessible?

  ◼  Yes

  ◼  No

  ◼  N/A - website is completely accessible

21.    Have you posted on your website a plan to improve website accessibility and invited suggestions for improvements?

  ◼  Yes

  ◼  No

22.    Does your website home page include easily locatable information, including a telephone number and email address, for use in reporting website accessibility problems and requesting accessible services and information?

  ◼  Yes

  ◼  No

23.    Do you have procedures in place to assure a quick response to website visitors with disabilities who are having difficulty accessing information or services available via the website?

  ◼  Yes

  ◼  No

24.    Have you asked disability groups representing people with a wide variety of disabilities to provide feedback on the accessibility of your website? (Note: Feedback from people who use a variety of assistive technologies is helpful in ensuring website accessibility.)

  ◼  Yes

  ◼  No

25.   Have you tested your website using one of the products available on the Internet to test website accessibility? (Note: Products available for testing website accessibility include no-cost and low-cost options. These products may not identify all accessibility issues and may flag issues that are not accessibility problems. However, they are, nonetheless, a helpful tool in improving website accessibility.)

  ◼  Yes

  ◼  No

26.    Are alternative ways of accessing web-based information, programs, activities, and services available for people with disabilities who cannot use computers?

  ◼  Yes

  ◼  No

Chapter 6 Curb Ramps and Pedestrian Crossings Under Title II of the ADA

In this Chapter, you will learn about the requirements of Title II of the Americans with Disabilities Act (ADA) relating to curb ramps at pedestrian crossings. Questions answered include:

• What are curb ramps and what function do they serve?

• What does Title II of the ADA require with respect to curb ramps at pedestrian crossings? 

• What are some key characteristics of accessible curb ramps?

• What are some common curb ramp designs?

• Where and when must state and local governments provide accessible curb ramps?

• What are detectable warnings, why must they be provided, and where are they required?

• How can you tell if a curb ramp is accessible?

• What steps can you take to ensure that your entity is in compliance with the ADA requirements for accessible curb ramps at pedestrian crossings? 

A. Background

Under Project Civic Access (PCA), the Civil Rights Division works with local governments nationwide to help them achieve compliance with Title II of the ADA and Section 504 of the Rehabilitation Act of 1973 (Section 504). This Chapter discusses the ADA requirements for curb ramps at pedestrian crossings that are currently enforced by the Division under PCA.

Curb ramps are a small but important part of making sidewalks, street crossings, and the other pedestrian routes that make up the public right-of-way accessible to people with disabilities. But they are just one part.

The federal government has begun a rulemaking process to revise the accessibility requirements for public rights-of-way. The Architectural and Transportation Barriers Compliance Board (Access Board) is developing new accessibility guidelines. The new guidelines will cover pedestrian access to sidewalks and streets, including crosswalks, curb ramps, street furnishings, pedestrian signals, parking, and other parts of the public right-of-way. The new guidelines will likely address issues such as access at street crossings for pedestrians who are blind or have low vision, wheelchair access to on-street parking, and constraints posed by space limitations, roadway design practices, slope, and terrain. On November 23, 2005, the Access Board published revised draft accessibility guidelines for public rights-of-way, which are available on its website at www.access-board.gov/prowac/index.htm [sic]. In developing these draft guidelines, the Access Board obtained recommendations from an Advisory Committee composed of representatives from disability organizations, public works departments, transportation and traffic engineering groups, the design and civil engineering professions, government agencies, and standards-setting bodies. The Advisory Committee’s report is available on the Access Board’s website at www.access-board.gov/prowac/commrept/index.htm [sic]. Although any ADA guidelines developed by the Access Board will not be enforceable under Title II of the ADA until the Department of Justice and the U.S. Department of Transportation issue regulations adopting them as standards, the Access Board’s website provides information discussing accessibility concerns relating to curb ramps, sidewalks, pedestrian crossings, and other pedestrian routes.

Another source of information about the federal accessibility requirements for public rights-of-way is the Federal Highway Administration (FHWA) of the U.S. Department of Transportation. As the agency that administers the federal funding used by many state and local governments to construct highways, roads, streets, and other elements of the public right-of-way, FHWA is also responsible for implementing and enforcing the federal accessibility requirements applied to the public right-of-way. The FHWA website includes the following materials, which should be of particular interest to those entities receiving federal funds from FHWA:

• “Questions and Answers About ADA/Section 504" (www.fhwa.dot.gov/civilrights/ada_qa.htm);

• a memorandum describing FHWA’s oversight role on federal accessibility requirements (www.fhwa.dot.gov/civilrights/ada_memo_clarificationa.htm [sic]);

• FHWA’s notice adopting the Access Board’s draft accessibility guidelines for the public right-of-way as currently recommended best practices (www.fhwa.dot.gov/environment/bikeped/prwaa.htm); and,

• FHWA’s memorandum on detectable warnings (www.fhwa.dot.gov/environment/bikeped/dwm.htm).

The process of adopting revised federal accessibility standards for public rights-of-way may be lengthy. In the meantime, many state and local governments will construct and alter highways, streets, roads, sidewalks, and pedestrian crossings. This Chapter is an effort to ensure that public entities do not create barriers to access by omitting curb ramps while the broader debate on accessibility requirements for public rights-of-way moves forward

B. What Is a Curb Ramp?

A curb ramp is a short ramp cutting through a curb or built up to it.¹ If designed and constructed to be accessible, a curb ramp provides an accessible route that people with disabilities can use to safely transition from a roadway to a curbed sidewalk and vice versa.

The different parts of the most common type of curb ramp, a perpendicular curb ramp, are labeled in the illustration below. The ramp, or ramp run, is the sloped section that individuals who use wheelchairs travel up and down when transitioning between the street and the sidewalk. Transitions between the ramp and the sidewalk, gutter and street are located at the top and bottom of the ramp run. Flared sides, or flares, bring the curb itself to the level of the street. The gutter is the roadway surface immediately next to the curb ramp that runs along the curb.

C. Why are Curb Ramps at Pedestrian Crossings Required?

It is often difficult or impossible for a person using a wheelchair, scooter, walker, or other mobility device to cross a street if the sidewalk on either side of the street ends without a curb ramp. It is also dangerous. If curb ramps are not provided, these individuals are forced to make a difficult choice. They can either stay at home and not go to their chosen destination, or they can risk their personal safety by using their wheelchairs, scooters, or walkers to travel alongside cars and other vehicles in the streets. This is a choice that people with disabilities should not be required to make.

D. What Does Title II of the ADA Require with Respect to Curb Ramps at Pedestrian Crossings?

Title II of the ADA requires state and local governments to make pedestrian crossings accessible to people with disabilities by providing curb ramps.² This requirement applies if your state or local government has responsibility or authority over highways, streets, roads, pedestrian crossings, or walkways. Some public entities have extensive responsibility for the highways, streets, roads, pedestrian crossings, and walkways in their area, but most public entities have at least limited responsibility for them.

To allow people with disabilities to cross streets safely, state and local governments must provide curb ramps at pedestrian crossings and at public transportation stops where walkways intersect a curb. To comply with ADA requirements, the curb ramps provided must meet specific standards for width, slope, cross slope, placement, and other features.³ In constructing facilities such as walkways and pedestrian crossings, state and local governments can choose between two sets of standards – the ADA Standards for Accessible Design (ADA Standards) and the Uniform Federal Accessibility Standards (UFAS).⁴ Both of these standards have been deemed to comply with the requirements of Title II.⁵ However, state and local governments cannot pick and choose between particular portions of the ADA Standards and UFAS as they construct or alter the pedestrian crossings on a street and the curb ramps that provide access to the adjacent sidewalks. Only one of these two standards may be used for a particular facility. In the construction or alteration of roadways and walkways, this typically means that only one standard may be used for a particular construction or alteration project, and all features of that project typically must comply with the chosen standard. Departures from particular requirements of either standard by the use of other methods are permitted when it is clearly evident that equivalent access is provided.⁶ 

E. What are the General Requirements for Curb Ramps in the ADA Standards for Accessible Design?

One way to make curb ramps compliant with Title II of the ADA is to build them in accordance with the ADA Standards. ⁷ Following are the key characteristics of an accessible curb ramp according to the ADA Standards:

• The ramp run has the least running slope possible. (On a curb ramp, the running slope is the slope in the direction of pedestrian travel on the ramp run.) [§ 4.8.2] 

  • For curb ramps constructed after January 26, 1992 (post-ADA), the slope must be 8.33 percent (1:12) or less. [§ 4.8.2] 

  • For curb ramps constructed before January 26, 1992 (pre-ADA), including those that have since been altered, the running slope must generally be 8.33 percent (1:12) or less. However, ramp runs with greater slopes are allowed for pre-ADA curb ramps in the two following instances where space limitations prohibit the use of a slope of 8.33 percent (1:12) or less: 

    • The ramp run may have a running slope of up to 10 percent (1:10) if the rise is no more than six inches. [§ 4.1.6(3)(a)(i)] 

    • The ramp run may have a running slope of up to 12.5 percent (1:8) if the rise is no more than three inches. [§ 4.1.6(3)(a)(ii)]

• The cross slope of the ramp run itself may not exceed 2 percent (1:50). (On a curb ramp, the cross slope is the slope perpendicular to [across] the direction of pedestrian travel on the ramp run.) [§ 4.3.7] 

• The ramp, or ramp run, must be at least 36 inches wide, not including the flared sides. [§ 4.7.3] 

• The ramp run must have detectable warnings – i.e., dome-shaped bumps – that extend the full width and depth of the ramp. [§ 4.7.7] 

• Transitions from the ramp to the walkway, gutter, and street must be flush (level) and free of abrupt level changes. [§ 4.7.2] 

• The gutter must have a slope of no more than 5 percent (1:20) toward the ramp. [§ 4.7.2] 

F. What are Pedestrian Crossings and Where Must Curb Ramps be Provided?

Where and when curb ramps are required depends on the location and the age of streets and sidewalks.

1. Location

Generally, you must provide curb ramps wherever a sidewalk or other pedestrian walkway crosses a curb. Curb ramps must be placed to enable a person with a mobility disability to travel from a sidewalk on one side of the street, over or through any curbs or traffic islands, to the sidewalk on the other side of the street. Remember, walkways include areas where people must walk to access bus stops and other public transportation stops, so, where necessary, curb ramps must also be provided to enable people with disabilities to board and exit public transportation.

2. Age of Streets and Sidewalks

In addition, the requirements vary depending on the age of a highway, road, street, or sidewalk, and depending on when and whether it was paved, repaved, resurfaced beyond normal maintenance, or otherwise altered.

“Pre-ADA” streets, sidewalks, roads, and highways are those that were built before January 26, 1992, and have not since been altered.

“Alterations” are another category of construction under the ADA. A street or sidewalk falls into this category if it was constructed pre-ADA (construction began before January 26, 1992), and has since been altered. What does “altered” mean? An alteration is a change that affects usability. Resurfacing a roadway beyond normal maintenance is an alteration. By contrast, filling potholes is not.⁸

For purposes of the ADA, any street or sidewalk is “new” or “post-ADA” if its construction commenced after January 26, 1992.⁹ 

3. New Construction vs. Alterations

The requirements in the ADA Standards for curb ramps newly constructed post-ADA (construction commenced after January 26, 1992) can be found in § 4.7. The requirements for curb ramps that have been altered post-ADA are the same, except for in the following cases.

When pre-ADA streets or sidewalks are altered, there may be space limitations that restrict how much they can be altered to install accessible curb ramps. In these cases, the curb ramps installed must meet the accessibility requirements of the ADA to the maximum extent feasible.¹⁰ Scoping requirements in the ADA Standards establish limitations for the running slope of the ramp run of curb ramps installed during alterations to pre-ADA streets and walkways.¹¹

The Civil Rights Division recognizes that there will be very rare instances when it will be technically infeasible for a curb ramp installed during alterations to pre-ADA roadways and walkways to be constructed in full and strict compliance with the requirements of ADA Standards § 4.1.6(3)(a) and § 4.7 because of physical or site constraints. In such circumstances, state and local governments must install curb ramps that provide accessibility to the maximum extent feasible.¹² Before reaching a conclusion about technical infeasibility, state and local governments need to consider the extent to which physical or site constraints can be addressed by alternative curb ramp designs. The burden of proving technical infeasibility lies with the state or local government that constructed it. 

When highways, streets, and roads are built or altered post-ADA, they must have curb ramps at certain locations. Curb ramps must be located wherever there are curbs or other barriers to entry from a pedestrian walkway or sidewalk, including any intersection where it is legal for a pedestrian to cross the street, whether or not there is any designated crosswalk. Curb ramps must also be located wherever there are curbs or other barriers to entry at any designated pedestrian crosswalks that are located mid-block. Likewise, when sidewalks or walkways are built or altered post-ADA, they must include curb ramps or other sloped areas wherever they intersect with highways, streets, or roads and pedestrians may legally cross the vehicular way as well as at public transportation stops.

By contrast, for pre-ADA highways, streets, roads, and sidewalks that have not been altered, state and local governments may choose to construct curb ramps at every point where a pedestrian walkway intersects a curb. However, they are not necessarily required to do so. Under a more flexible standard called “program access,” alternative routes to buildings may be acceptable where people with disabilities must travel only a marginally longer route than the general public.

4. Example: Installing Curb Ramps for Program Accessibility

Consider a case where the streets and sidewalks in a small town were built pre-ADA and have not been altered since. Some intersections have curb ramps; most do not. The town is trying to figure out where to install curb ramps to provide access to the town hall. The accessible entrance to the town hall is located on North Street, which is on the north side of the building. The parking garage that serves the town hall is located on North Street, directly across the street from the town hall’s accessible entrance. Public transportation stops serving the town hall are in a residential neighborhood on East Street, two blocks east of the town hall. The town is evaluating where it needs to install curb ramps to comply with Title II requirements.

Since the town hall and its surrounding streets and sidewalks were built pre-ADA and have not since been altered, the town must install curb ramps in compliance with Title II’s program access requirements for pre-ADA facilities. Under these requirements, the town may choose to install curb ramps at all pedestrian crossings on the sidewalks surrounding the town hall, but it is not necessarily required to do so. A program access approach would require the town to install curb ramps at key pedestrian crossings. To provide access to the town hall, curb ramps would need to be installed at the pedestrian crossings and transportation stops along North and East streets so people with disabilities can travel along a pedestrian route between (1) the accessible entrance to the town hall and the accessible entrance to the parking garage and (2) the accessible entrance to the town hall and the public transportation stops on East Street. In this instance, installing curb ramps at the pedestrian crossings on the south side of the townhall are not needed from a program access perspective to enable people with disabilities to access the town hall. However, they may be needed from a program access perspective for other reasons, such as providing access to other town facilities served by the parking garage or to the town’s business district. The town should seek input from people with mobility disabilities regarding the other key locations where curb ramps need to be installed to provide program access. 

G. What are Detectable Warnings, Why are They Required, and Where Must They be Provided?

The ADA Standards require that curb ramps include features called “detectable warnings.” Detectable warnings consist of a series of small domes that contrast in color with the surrounding sidewalk or street. They must be integrated into the walking surface, and there are specific measurements for the size and spacing of the domes.¹³

What is the function of detectable warnings? Detectable warnings are intended to function much like stop signs for pedestrians who are blind or have low vision. The warnings, which are intended to be felt with pedestrians’ feet, alert blind individuals and those with low vision that they are about to enter a street or other area where cars pass. A detectable warning alerts pedestrians who are blind or have low vision that they need to stop and determine the nature of the hazard – such as whether there is passing traffic – before continuing on their way. 

H. How Can You Tell if a Curb Ramp is Accessible?

The best way to determine if a curb ramp is accessible is to survey it to determine the extent to which it complies with ADA accessibility requirements. To assist you, the next installment of this Tool Kit will include instructions on how to survey curb ramps for compliance with the ADA Standards and a Curb Ramps survey form for use in conducting your surveys. The instructions, which will be located in Appendix 1, are keyed to the Curb Ramps survey form, which will be located in Appendix 2, and will provide an explanation of how to obtain the information needed to answer each question on the survey form. The instructions will also include photographs and illustrations showing how and where to take measurements. The Curb Ramps survey form and instructions will help you identify the most common accessibility problems with curb ramps, but they will not necessarily identify all problems. 

I. Ensuring Compliance Now and In the Future

Now that you know some of the basic ADA requirements for providing curb ramps at pedestrian crossings, you can assess whether your entity is in compliance with these requirements. Here are some steps you can take:

• Assess the extent to which your entity has complied with ADA requirements for providing curb ramps at pedestrian crossings and transportation stops. Use the Checklist in the Addendum to this Chapter to guide you in conducting a preliminary assessment. To survey curb ramps in your community, use the Curb Ramps survey form and instructions that will be included in the Appendices to this Tool Kit, which will be released soon. 

• After conducting your assessment to figure out where ADA compliant curb ramps are needed, prioritize the locations. If locations constructed or altered post-ADA do not have ADA-compliant curb ramps, they must be installed at all of those locations. Other priorities include, in descending order, curb ramps at pre-ADA locations with pedestrian crossings providing access to local government facilities, bus stops and other transportation services, public accommodations, business districts, and residential areas. 

• Next, make a long-range plan to provide curb ramps in locations that need them. When making the plan, include other local government staff who will be involved, such as employees from the transportation department and employees in charge of budget matters. Set a series of progress dates for curb ramp compliance based on priorities and reasonable time frames. The actual number of curb ramps installed in any given year may be limited by fiscal constraints, consistent with the fundamental alteration and undue burden limitations discussed in Chapter 1 of the Tool Kit. However, the plan should address the steps your entity will take over a specific time period to come into compliance with Title II requirements. 

• Establish written procedures for soliciting and receiving input on the accessibility of pedestrian crossings and transportation stops from people with disabilities. As part of these procedures, establish an ongoing program for installing curb ramps upon request in both residential and nonresidential areas.¹⁷ Integrate these requests into your long-range plan. This program will put your entity on the right track for the future. 

• Develop a written policy ensuring that, effective immediately, ADA-compliant curb ramps will be provided at any intersection having curbs or other barriers to entry from a sidewalk whenever a street, road, or highway is constructed or altered. If your entity receives federal financial assistance, the policy should also address compliance with Section 504. 

• Develop a written policy ensuring that, effective immediately, ADA-compliant curb ramps will be provided at all newly constructed or altered sidewalks and walkways where they intersect a street, road, or highway, including mid-block pedestrian crossings and public transportation stops. If pedestrians may legally cross a street at an intersection that you are constructing or altering, curb ramps must be provided.

• Working with employees in the transportation department, review the designs for curb ramps and detectable warnings to ensure that they are ADA-compliant. If your entity receives federal financial assistance, they also should be reviewed for compliance with Section 504. Many states and localities have standardized designs for common features such as curb ramps, and sometimes these designs do not comply with ADA and, if applicable, Section 504 requirements. If your curb ramp designs, including the details for detectable warnings, do not comply with Title II requirements your entity needs to change them immediately so they do. 

• Many sidewalks and roads become the responsibility of public entities after they are built by private developers and deeded over to the public entity following construction. Often, in these circumstances, private developers (who are not bound by Title II’s requirements when acting on their own behalf) have not provided the curb ramps at pedestrian crossings, transportation stops, and other locations that the ADA requires public entities to provide. When these facilities are deeded over to them, public entities also receive the legal responsibility for installing ADA-compliant curb ramps which previously may not have existed. But public entities can use their authority under zoning and land use laws, as well as plan review processes, to ensure that private developers comply with the accessibility requirements that public entities deem appropriate. Some communities that understand the liability they can incur in receiving such property refuse to accept property that has not been built in compliance with ADA requirements.

• Most public entities include provisions in their contracts for services with architects, engineers, and contractors requiring compliance with applicable federal, state, and local laws. However, many architects, engineers, and contractors do not understand that these provisions require compliance with ADA requirements. When preparing contracts for services by architects, engineers, and contractors involved in building and altering highways, streets, roads, sidewalks, other walkways, transportation stops, and curb ramps, consider including a provision specifically requiring compliance with Title II of the ADA, including compliance with the ADA Standards or UFAS. Remember, public entities may not use the elevator exception contained in ADA Standards, § 4.1.3(5). While elevators will rarely be implicated in the design and construction of pedestrian crossings, they will be implicated in many other types of public facilities constructed by or on behalf of public entities. For this reason, a contractual provision requiring compliance with the ADA Standards should make clear that the elevator exception contained in § 4.1.3(5) of the Standards does not apply. If your entity receives federal financial assistance, consider a similar provision requiring compliance with Section 504 requirements as well. 

• Where compliance with federal law is contractually required, consider requiring your architects, engineers, and contractors to certify ADA compliance, including compliance with the ADA Standards (excluding the elevator exception in § 4.1.3(5) of the Standards) or UFAS, before accepting, and making final payments for, their work. If your entity receives federal financial assistance, consider requiring architects, engineers, and contractors to certify compliance with Section 504 requirements as well.

Chapter 6 Addendum: Title II Checklist (Curb Ramps and Pedestrian Crossings)

PURPOSE OF THIS CHECKLIST: This checklist is designed to help you conduct a preliminary assessment to determine if your entity is in compliance with the requirements for curb ramps at pedestrian crossings under Title II of the ADA. By using the checklist, you can determine if there are any red flags indicating that your entity may not be in compliance with Title II requirements. It also outlines steps you can take to come into compliance with Title II requirements for providing curb ramps at pedestrian crossings if you identify compliance problems.

MATERIALS AND INFORMATION NEEDED: To determine if your entity is in compliance with the ADA requirements for curb ramps at pedestrian crossings, you will need:

• The written policies and procedures and the contracts and specifications that your government entity has used since January 26, 1992, relating to the construction, alteration, and repair of highways, streets, roads, sidewalks, pedestrian crossings, and curb ramps.

• Your entity’s long-range plan for the construction, alteration, and/or repair of highways, roads, streets, sidewalks, pedestrian crossings, and curb ramps.

• The written procedures your entity uses to evaluate requests for installation of, or modifications to, curb ramps.

• Any standard curb ramp designs and specifications that your entity, or contractors working for your entity, have used since January 26, 1992.

• Written policies and procedures your entity uses to ensure that the accessibility of curb ramps at pedestrian crossings is maintained.

• A list of the pedestrian crossings constructed by or on behalf of your entity since January 26, 1992. To assist you in identifying systemic problems, it would be helpful for you to know, for each of these pedestrian crossings, the date when construction commenced, the name of the firm or individual that designed the pedestrian crossing, and the name of the contractor who did the construction. 

• A list of the pedestrian crossings altered by or on behalf of your entity since January 26, 1992. Pedestrian walkways and roadways should generally be considered altered if they have been resurfaced since January 26, 1992. Curb ramps adjacent to those pedestrian walkways and roadways should also be considered altered. Filling a pothole should not be considered an alteration. For each of the pedestrian crossings that were altered, to assist you in identifying systemic problems, it would be helpful for you to know the date when the alteration occurred, the name of the firm or individual that performed design work, if any, for the alteration and the name of the contractor who performed the alterations. 

• Copies of the Curb Ramps survey instructions and form that will be released in the next installment of this Tool Kit for yourself and everyone who will assist you in surveying your entity’s curb ramps. You will also need survey tools for each survey team, including a metal measuring tape, a level, and a camera. A clipboard to hold survey forms can also be helpful. 

• Copies of any feedback received from people with disabilities about the accessibility of your pedestrian crossings. 

You may need the assistance of personnel responsible for overseeing highway, street, road, and sidewalk maintenance to assist you in completing the checklist.

Evaluating Compliance with the Requirements for Curbs at Pedestrian Crossings

Review the policies, procedures, and contracts your entity has used relating to the construction, alteration, and repair of curb ramps. If your entity does not have written policies and procedures, you will need to interview the appropriate employees to find out what policies and procedures your entity has followed.

1.   Since January 26, 1992, has your entity implemented policies and procedures to ensure that curb ramps or other sloped surfaces were provided wherever walkways intersected curbs whenever your entity constructed or altered highways, streets, roads, pedestrian crossings (including traffic islands), and sidewalks? (For purposes of answering this checklist, alteration generally includes paving, repaving, and resurfacing but does not include normal maintenance, such as filling potholes.)

  ◼ Yes

  ◼  No

2.   Since January 26, 1992, has your entity implemented policies and procedures to ensure that curb ramps at pedestrian crossings were constructed and altered in compliance with either the ADA Standards for Accessible Design or the Uniform Federal Accessibility Standards?

  ◼  Yes

  ◼  No

3.   Review any standardized curb ramp designs and specifications that your entity has used since January 26, 1992. To determine compliance, use the requirements outlined in Chapter 6 of this Tool Kit. Are the designs ADA-compliant? (If you do not have experience reviewing design and specification documents, you may find it helpful to obtain assistance from personnel who work in your highway or public works department.)

  ◼  Yes

  ◼  No

4.   Survey a sample of the pedestrian crossings on portions of highways, streets, and roads that were constructed by or on behalf of your entity after January 26, 1992, and a sample of the curb ramps at pedestrian crossings on portions of highways, streets, and roads that were altered after January 26, 1992. In selecting your samples, make sure that you have a representative selection of pedestrian crossings constructed and altered at different time periods between January 26, 1992, and the present as well as curb ramps constructed and altered by a variety of different contractors and located in different areas of your community. To conduct the surveys, use the Curb Ramps survey instructions and Curb Ramps survey form that will be released in the next installment of this Tool Kit.

a.   Do all curbs where sidewalks and walkways intersect with roads, streets, or highways have curb ramps that allow people with disabilities to go from the sidewalk on one side of the vehicular way across any traffic islands with curbs to the sidewalk on the opposite side?

  ◼  Yes

  ◼  No

b.   Are all of these curb ramps free of accessibility problems (which would only be the case if you answer “Y” or “n/a” to all the questions on the Curb Ramps survey form when you conduct your survey)?

  ◼  Yes

  ◼  No

5.    Has your entity performed an evaluation of its pre-ADA pedestrian crossings to identify the locations where curb ramps need to be constructed to provide program access for people with disabilities? (This survey may have occurred when your entity performed a self-evaluation and developed a transition plan.)

  ◼  Yes

  ◼  No

6.    If the answer to Question #5 is “Yes,” has your entity been implementing those curb ramp installations as it implements its long-range plan for streets and sidewalks?

  ◼  Yes

  ◼  No

  ◼  N/A

7.   Does your entity seek input from people with disabilities with respect to its plans for the construction and alteration of highways, streets, roads, sidewalks, and pedestrian crossings?

  ◼  Yes

  ◼  No

  ◼  N/A

8.    Does your entity have a mechanism that people with disabilities can use to request the installation or repair of a curb ramp?

  ◼  Yes

  ◼  No

9.    If your answer to Question #8 is “Yes,” does your entity also have procedures to ensure that such requests are given priority when your entity plans and implements the construction and alteration of streets, roads, highways, sidewalks, and pedestrian crossings?

 ◼  Yes

  ◼  No

  ◼  N/A

Appendix 1: ADA Accessibility Survey Instructions: Curb Ramps

1 [§ 4.7.3]

Only measure the width of the ramp section of the curb ramp (labeled “ramp” to the right [below]). The ramp section of a curb ramp is also known as the “ramp run.” If the curb ramp has flared sides, which can also be seen in the illustration to the right [below], do not include them in the measurement. The ramp run must be at least 36 inches wide. 

2 [§§ 4.7.2; 4.8.2; 4.1.6(3)(a)]

The running slope of the curb ramp is the slope in the direction that people travel when going up or down the ramp run. The arrow in the illustration to the left [below], aligned parallel to the ramp run and perpendicular to the curb, shows where to measure the running slope.

For new construction (when the curb ramp was built after January 26, 1991), the running slope of the ramp run must not exceed 8.33 percent. For alterations (when the curb ramp was altered after January 26, 1991), the slope must not exceed 10 percent for a 6-inch rise or 12.5 percent for a 3-inch rise.

3 [§ 4.3.7]

The cross slope of the curb ramp is perpendicular to the running slope. Unlike the running slope, which runs along the ramp, the cross slope is measured across the ramp. The arrow in the illustration to the right [below], aligned perpendicular to the ramp run and parallel to the curb, shows where to measure the cross slope. The cross slope of a curb ramp, or any accessible route, may not exceed 2 percent.

4 [§ 4.7.2]

The gutter is the part of the street that borders the curb. To measure the gutter slope, place the level in the same position as the arrow in the illustration, with one end where the gutter meets the ramp and the other end towards the street. The gutter slope is parallel to the ramp and perpendicular to the curb. The gutter may slope up to 5 percent towards the curb ramp, but not more.

5 [§ 4.7.2]

The transitions on and off the curb ramp are the points where the gutter meets the bottom of the ramp and where the top of the ramp meets the sidewalk. These transition points are required to be flush and cannot have any abrupt level changes. Record any level change at the transitions.

6 [§ 4.7.7]

Detectable warnings are dome-shaped bumps that should cover the entire width and depth of the ramp run. Detectable warnings are designed to be felt underfoot or with a cane by people who are blind or have low vision, thereby alerting them of hazards– mainly, the transition from a pedestrian-only area to a roadway.

If the curb ramp you are surveying has detectable warnings but they do not cover the entire ramp run, explain how they are different in the “Comments” section at the bottom of the form. For curb ramps along public streets, the U.S. Department of Transportation (DOT) has deemed permissible a strip of detectable warnings that stretches across the width of the ramp run but covers only the two feet nearest the road. If the curb ramp you are surveying is located along a public street, you may circle "Y" if the detectable warnings comply with the DOT’s design.

7 [§ 4.7.8]

Curb ramps must be located where they will not be obstructed by parked vehicles. If the curb ramp you are surveying is along a public right-of-way or at a pedestrian crossing, vehicles should be prohibited from parking directly in front of the curb ramp on the street. If the curb ramp you are surveying is part of the accessible route from a parking lot to a building, the curb ramp may not lead into a parking space because the curb ramp will be obstructed when a vehicle parks in the space.

8 [§§ 4.3.3; 4.3.7]

Curb ramps should have at least 36 inches of clear space at the “top” of the ramp, which can be seen in the illustration to the right [below]. The 36-inch space at the top of the ramp allows pedestrians who are continuing along the sidewalk to bypass the curb ramp without traveling over it.

The measurement should extend from where the ramp run meets the level sidewalk (at the lower end of the arrow) to the opposite edge of the sidewalk (where the sidewalk meets the grass). Do not include any part of the curb ramp in this measurement.

9 [§ 4.7.5]

Curb ramps either have flared sides or vertical edges called returned curbs. Using the illustrations below, determine whether the curb ramp you are surveying has flared sides or returned curbs and answer accordingly. The next two questions relate to the slope of flared sides, and you should answer them only if you determine your curb ramp has flared sides. If your curb ramp has returned curbs, skip to question 10.

 

9.a [§ 4.7.5]

If the sidewalk at the top of the ramp (“x” in the illustration) is 48 inches wide or more, answer this question. If “x” is less than 48 inches, skip this question and answer the next one.

To answer this question you need to determine the slope of the flared sides to make sure it is 10 percent or less.

To measure the slope of a curb ramp’s flared side, place a level on the flared side near the edge of the curb. The level should be placed so that it is parallel to the curb. Place the level in the same position and location as each of the arrows in the illustration to the left [below].

9.b [§ 4.7.5]

If the sidewalk at the top of the ramp (“x”) is less than 48 inches wide and the curb ramp you are surveying has flared sides, answer this question. Otherwise, skip this question.

To measure the slope of the curb ramp’s flared side, place a level on the flared side near the edge of the curb. The level should be placed so that it is parallel to the curb.

Place the level in the same position and location as each of the arrows in the illustration to the left [below]. The slope of the curb ramp’s flared sides may not exceed 8.33 percent when there is less than 48 inches between the top of the curb ramp and the edge of the sidewalk at the other side (“x”).

10 [§ 4.7.5]

Answer this question only if you skipped the previous two questions because the curb ramp you are surveying does not have flared sides.

Curb ramps must have flared sides unless pedestrians would not normally walk across the ramp. A curb ramp may have returned curbs if it has non-walking surfaces (such as grass) or obstructions on both sides because these conditions would normally discourage pedestrians from walking across the ramp.

Generally, an object will qualify as an obstruction if it is immovable and is large enough to make it unlikely that pedestrians will walk across the ramp. 

11 [§ 4.7.6]

A built-up curb ramp typically consists of asphalt or concrete that is poured and shaped into a ramp that runs at a 90-degree angle away from an intact curb down to the roadway.

Built-up curb ramps cannot project into the path of cars. The “path of cars” includes anywhere cars are allowed to drive, including roadways, parking lot driveways, parking spaces, and access aisles.

Built-up curb ramps should have flared sides with a slope of 10 percent or less or have edge protection and handrails on the sides.

12 [§ 4.7.9]

When a curb ramp is located at a marked crossing, the area where the ramp run ends must be contained within the marked crossing. The flared sides of a curb ramp do not have to be within the marked crossing.

13 [§ 4.7.10]

A corner-type curb ramp is located at the center (or apex) of a corner and is often aligned to direct users into the middle of an intersection. As the illustration on the right shows, the alignment of a corner-type curb ramp means that people who travel down the ramp might be near the path of vehicular traffic once they enter the street. Therefore, if a marked crossing or crosswalk is provided, there must be a 48-inch deep area contained within the markings at the bottom of the ramp to protect people after they descend the ramp. When taking this measurement, the measuring tape should be aligned parallel to the ramp run itself and should stretch from the intersection of the ramp and gutter to the innermost edge of the pavement marking.

Appendix 2: Survey Forms: Curb Ramps

Curb Ramps         Construction/Alteration Date (circle one):     Before 1/26/92         After 1/26/92

Facility Name/Address:	Date:
Location:	Surveyors:

Describe each curb ramp’s location:	Curb Ramp D:
Curb Ramp A:	Curb Ramp E:
Curb Ramp B:	Curb Ramp F:
Curb Ramp C:	Curb Ramp G:

Refer to #	Curb Ramp (CR) Questions	Curb  Ramp A		Curb  Ramp B		Curb  Ramp C		Curb  Ramp D		Curb  Ramp E		Curb  Ramp F		Curb  Ramp G
1	Is ramp of CR at least 36" wide (not including flared sides)?	Y	N	Y	N	Y	N	Y	N	Y	N	Y	N	Y	N
2	Does CR have a running slope of 8.33% or less?	Y	N	Y	N	Y	N	Y	N	Y	N	Y	N	Y	N
3	Does CR have a cross slope of 2% or less?	Y	N	Y	N	Y	N	Y	N	Y	N	Y	N	Y	N
4	Does CR have a gutter slope of 5% or less?	Y	N	Y	N	Y	N	Y	N	Y	N	Y	N	Y	N
5	Are transitions on and off CR flush and free of abrupt level changes? Record the height of any level changes.	Y	N	Y	N	Y	N	Y	N	Y	N	Y	N	Y	N
6	Does CR have detectable warnings?	Y	N	Y	N	Y	N	Y	N	Y	N	Y	N	Y	N
7	Can CR be blocked by legally parked cars?	Y	N	Y	N	Y	N	Y	N	Y	N	Y	N	Y	N
8	Is the sidewalk at the “top” of CR at least 36" wide?	Y	N	Y	N	Y	N	Y	N	Y	N	Y	N	Y	N
9	Does CR have flared sides? If yes, answer one of the next two questions. If not, skip to question 10.	Y	n/a	Y	n/a	Y	n/a	Y	n/a	Y	n/a	Y	n/a	Y	n/a
9.a	If the sidewalk at the “top” of CR is 48" wide or more, is the slope of the flared sides 10% or less?	Y	N	Y	N	Y	N	Y	N	Y	N	Y	N	Y	N
9.b	If the sidewalk at the “top” of CR is less than 48" wide, is the slope of the flared sides 8.33% or less?	Y	N	Y	N	Y	N	Y	N	Y	N	Y	N	Y	N
10	If no flared sides, is there an obstruction or grass on each side of CR that discourages pedestrians from traveling across ramp? If the CR has flared sides, skip this question.	Y	N	Y	N	Y	N	Y	N	Y	N	Y	N	Y	N
11	If CR is built-up to the curb, is it outside the path of cars? If CR is not built-up to curb, skip this question.	Y	N	Y	N	Y	N	Y	N	Y	N	Y	N	Y	N
	Answer the last two questions only if the CR is located at a marked crossing:
12	Is ramp of CR contained in markings?	Y	N	Y	N	Y	N	Y	N	Y	N	Y	N	Y	N
13	If corner-type CR, is bottom landing at least 48" long and contained in crosswalk? If not corner-type CR, skip this question.	Y	N	Y	N	Y	N	Y	N	Y	N	Y	N	Y	N

Comments:

This survey form is designed to assist you in identifying common barriers to access – not all barriers. To identify all barriers, you must survey for compliance with §§ 4–10 of the ADA Standards.

Chapter 7 Emergency Management Under Title II of the ADA

In this Chapter, you will learn how to make emergency management programs, services, and activities accessible to everyone, including people with disabilities. Chapter 7 answers the following questions:

• What does emergency management cover?

• How does the ADA apply to emergency management?

• What are some of the common problems faced by people with disabilities in accessing emergency- and disaster-related services, programs, activities, and facilities?

• What are some of the steps that state and local governments can take to make emergency- and disaster-related services, programs, activities, and facilities accessible to people with disabilities? 

A. ADA Basics for Emergency Management

One of the primary responsibilities of state and local governments is to protect residents and visitors from harm, including assistance in preparing for, responding to, and recovering from emergencies and disasters. State and local governments must comply with Title II of the ADA in the emergency- and disaster-related programs, services, and activities they provide.¹ This requirement applies to programs, services, and activities provided directly by state and local governments as well as those provided through third parties, such as the American Red Cross, private nonprofit organizations, and religious entities.² Under Title II of the ADA, emergency programs, services, activities, and facilities must be accessible to people with disabilities ³ and generally may not use eligibility criteria that screen out or tend to screen out people with disabilities.⁴ The ADA also requires making reasonable modifications to policies, practices, and procedures when necessary to avoid discrimination against a person with a disability⁵ and taking the steps necessary to ensure effective communication with people with disabilities.⁶ The ADA generally does not require state or local emergency management programs to take actions that would fundamentally alter the nature of a program, service, or activity or impose undue financial and administrative burdens.⁷

B. What is Emergency Management?

Emergency management is wide-ranging. It includes all programs, services, and
activities related to emergencies and disasters, including:

• Preparation – advance planning for emergencies and disasters;

• Testing of Preparedness – staging emergency simulations and other approaches to testing the effectiveness of emergency preparedness;

• Notification – alerting the public to emergencies and disasters and to available programs, services, and activities;

• Community Evacuation and Transportation;

• Emergency Shelter Programs;

• Temporary Lodging and Housing;

• Social Services and Emergency- and Disaster-Related Benefit Programs;

• Emergency Medical Care and Services;

• Relocation Programs, Activities, and Services;

• Transition and Transportation Back to the Community Following an Emergency or Disaster;

• Emergency and Disaster Recovery Programs, Services, and Activities; and

• Remediation of Damage Caused by Emergencies and Disasters– repairing and rebuilding damaged facilities, removing debris, and relocation and re-introduction of state and local government programs, services, and activities following an emergency or disaster.

C. Preparation – Advance Planning for Emergencies and Disasters

An emergency management plan is the all-important first step in ensuring an effective response to emergencies and disasters. Public officials, specialists from organizations such as the American Red Cross, and community members should work together to develop a comprehensive plan to prepare for emergencies. One good way to test your emergency management plan is to enlist people with disabilities to role-play during emergency simulations. Seeking and using input from people with a variety of disabilities, and organizations with expertise on disability issues, will help ensure that your emergency planning and preparedness meet the access needs of people with disabilities in your community with respect to all phases of emergency management.

D. Notification – Alerting the Public to an Emergency

Officials must act quickly to alert the public to an impending emergency situation. But many traditional emergency notification methods are not accessible to people with disabilities. People who are deaf will not hear radio, television, sirens, or other audible alerts. Those who are blind or who have low vision may not be aware of visual cues, such as flashing lights. State and local governments need to use warning methods that ensure all residents and visitors will have the information necessary to make sound decisions and take appropriate, responsible action.

Often, using a combination of notification methods will be more effective than relying on one method alone. For instance, combining visual and audible alerts will reach a greater audience than either method would alone. Auto-dialed text telephone (TTY) messages to pre-registered individuals who are deaf or hard of hearing, text messaging, emails, and other innovative uses of technology may be incorporated into such procedures. For announcements by government officials on local television stations, providing qualified sign language interpreters and open captioning will ensure that all people tuning in are able to access the information provided. The emergency management plan should identify the steps that will be taken and the resources that will be used to ensure that emergency notifications will be accessible to all.

E. Community Evacuation and Transportation

In an emergency, people with disabilities may face a variety of challenges in evacuating to safety. A person with a mobility disability may need assistance leaving a building without a working elevator. Individuals who are blind or who have low vision may no longer be able to independently use traditional orientation and navigation methods. A deaf person may be trapped somewhere unable to communicate with anyone because the only available communication device relies on voice. State and local governments need to establish procedures to ensure that people with disabilities can evacuate the area of an emergency in a variety of conditions, with assistance when it is needed.

One step that can significantly increase the effectiveness of your planning process is to create a voluntary, confidential registry of persons with disabilities who may need individualized notification or evacuation assistance. Setting up a voluntary registry requires that procedures be implemented to ensure that the registry is voluntary, confidentiality is protected, and information is updated as needed.

Both public and private transportation may be disrupted due to overcrowding, because of blocked streets and sidewalks, or because the transit system is not functioning at all. The movement of people during an evacuation is critical, but many people, because of their disabilities, cannot drive or use traditional, inaccessible transportation. Thus, emergency plans must identify accessible forms of transportation (i.e., vehicles equipped with wheelchair lifts) available to help evacuate people with disabilities. For instance, some communities have used lift-equipped school buses, transit buses, or paratransit vehicles to evacuate people who use wheelchairs or scooters. Some people with disabilities will be able to reach mass evacuation pick-up locations independently, while others may be unable to leave their homes without assistance. Evacuation and emergency transportation plans should address the evacuation-related needs of people with disabilities.

F. Emergency Shelter Programs

When emergencies arise, communities often provide residents and visitors with safe refuge in temporary shelters. Shelters are sometimes operated by government entities themselves. More often, they are operated by a third party. Regardless of who operates a shelter, the ADA generally requires shelter operations to be conducted in a way that offers people with disabilities the same benefits – e.g., safety, comfort, food, medical care, the support of family and friends – provided to people without disabilities. Because sheltering programs are critical to ensuring the safety of people with disabilities in emergencies and disasters, ADA requirements for sheltering are discussed in greater detail in two stand-alone technical assistance documents that state and local governments can provide to shelter operators to assist them in planning to meet the needs of people with disabilities in the shelter environment. While these technical assistance documents do not address all ADA compliance issues that may arise in emergency shelters, they address a number of the most common access problems.

The first of these technical assistance documents – “The ADA and Emergency Shelters: Access for All in Emergencies and Disasters” is in Addendum 2 to this Chapter at www.ada.gov/pcatoolkit/chap7shelterprog.htm. It discusses the ADA’s nondiscrimination requirements for shelter programs. The second technical assistance document – “ADA Checklist for Emergency Shelters” is in Addendum 3 to this Chapter at www.ada.gov/pcatoolkit/chap7shelterchk.htm.The Checklist includes two assessment tools to help state and local governments and emergency shelter operators ensure that emergency shelters provide access to all: (1) a preliminary survey tool that will help in deciding if a facility has the accessibility characteristics that make it a good candidate for a potential emergency shelter, and (2) a more detailed checklist that will help identify the most common architectural barriers to access for people with disabilities found at emergency shelters.

G. Access to Social Services, Temporary Lodging or Housing, and Other Benefit Programs

State and local governments often provide social services and other benefit programs to assist people harmed by emergencies and disasters. These programs need to be accessible to all, including people with disabilities. Following are some important points to remember:

• Application procedures should not limit access by people with disabilities. For example, programs that require people to apply by telephone may exclude people who are deaf or hard of hearing. Inaccessible web-based application procedures and printed application forms may exclude people who are blind or have low vision. Programs that require in-person applications may exclude people who, because of their disabilities, are unable to leave shelters or their homes. Procedures that allow people to apply in different ways – providing auxiliary aids and services and reasonable modifications to application procedures when people with disabilities need them – is the most effective way to ensure equal access. 

• Information about social services and other benefit programs should be available in formats that people with communication disabilities can use. For example, during emergencies, announcements about the availability of social services and other benefits are often made orally, whether in radio and television broadcasts or in public announcements at emergency shelters. People who are deaf or hard of hearing may not receive information about these programs unless television broadcasts have open captions, materials describing the programs are posted on websites, or public announcements are translated by a sign language interpreter or posted on shelter bulletin boards. 

• Crisis counseling services will not be accessible to people who are deaf or hard of hearing unless appropriate auxiliary aids and services are provided. In addition, these services need to be offered in physically accessible locations so people with mobility disabilities can use them. 

• Temporary lodging or housing programs will not be accessible to people with mobility disabilities or people who are deaf or hard of hearing unless accessible hotel rooms or accessible temporary housing is available. People with disabilities may be unable to utilize temporary lodging or housing programs without assistance in locating a hotel room or housing that meets their disability-related needs, or without accessible transportation. To prepare for the potential need for temporary housing, identify in your emergency response plan available physically accessible short-term housing, as well as housing with appropriate communication devices, such as TTY's. Temporary accessible housing (such as nearby accessible hotel rooms) may be used if people with disabilities cannot immediately return home after a disaster.

H. Repairing and Rebuilding

Emergencies and disasters often damage state and local government facilities. In the recovery stage of emergency management, state and local governments often make alterations to facilities to repair such damage, construct facilities to replace those that were destroyed or extensively damaged, or move government programs, services, and activities from damaged facilities to other locations. When constructing new or replacement facilities and repairing damaged facilities, state and local governments must comply with the accessibility requirements of Title II of the ADA. They may choose from two design standards for new construction and alterations – either the Uniform Federal Accessibility Standards (UFAS) or the ADA Standards for Accessible Design (ADA Standards). If the ADA Standards are chosen, public entities are not entitled to the elevator exemption contained in § 4.1.3(5) of the Standards. If the building was newly constructed or altered after the ADA went into effect, then the design standard used at that time must be followed for the rebuilding. Alterations to facilities must not decrease accessibility.

State or local government facilities constructed after January 26, 1992 and alterations to such facilities must comply with the new construction requirements of Title II of the ADA.⁸ Alterations to facilities constructed before the ADA became effective, must comply with Title II’s requirements for alterations to existing facilities.⁹ Under the ADA Standards, alterations to primary function areas of existing facilities trigger a "path of travel" requirement – i.e., a requirement to make the path of travel from the entrance to the altered area accessible, including telephones, restrooms, and drinking fountains serving the altered area.¹⁰ Primary function areas are those where major activities take place. But a public entity is not required to spend more than 20 percent of the cost of the original alteration on making the path of travel accessible, even if this cost limitation results in less than full accessibility. Under UFAS, if an existing facility undergoes a “substantial alteration,” the public entity must provide (1) an accessible route from public transportation, parking, streets, and sidewalks to all accessible parts of the building; (2) an accessible entrance; and (3) accessible restrooms.¹¹ A “substantial alteration” for purposes of UFAS is where the total cost of all alterations in a 12-month period amounts to 50 percent or more of the value of the building.

When moving programs from a damaged facility to another location, state and local governments must ensure that the programs remain accessible to people with disabilities.¹² This requirement applies whether the program is relocated permanently or temporarily.

I. Steps to Ensure Access for All in Emergencies and Disasters

Here are some steps you can take now to ensure that emergency management programs, services, and activities are accessible to everyone, including people with disabilities.

• Advance Planning: On an on-going basis, seek and use input from people with different types of disabilities (i.e., mobility, vision, hearing, cognitive, psychiatric, and other disabilities) regarding all phases of your emergency management plan, including: 

  • preparation;

  • notification;

  • evacuation and transportation;

  • sheltering;

  • first aid and medical services;

  • temporary lodging and housing;

  • transition back to the community;

  • clean up; and

  • other emergency- and disaster-related programs, services, and activities. 

• Voluntary Registry: Create voluntary, confidential registries of persons with disabilities who may need individualized evacuation assistance, transportation, and/or notification. Establish procedures to ensure the registry’s voluntariness, guarantee confidentiality controls, and develop a process to update the registry when needed. Publicize the availability of the registry. 

• Notification: If you use emergency warning systems such as sirens or other audible alerts, provide ways to provide people who are deaf or hard of hearing prompt notice of an impending disaster. Combine visual and audible alerts to reach a greater audience than either method would by itself. Consider using telephone calls, auto-dialed TTY (teletypewriter) messages, text messaging, emails, and even direct door-to-door contact with pre-registered individuals. Also, consider using open captioning on local TV stations, and dispatching qualified sign language interpreters to assist in broadcasting emergency information provided to the public. 

• Ensure Access for People with Disabilities Who Use Service Animals: Modify “no pets” policies to enable people with disabilities to evacuate, use emergency transportation, stay in shelters, and participate in all emergency- and disaster-related programs together with their service animals. Teach first responders and the employees, volunteers, and third parties who perform emergency- and disaster-related functions that people with disabilities should not be separated from their service animals even in places where pets are typically not allowed. Only two questions may be asked to determine if an animal is a service animal: (1) Is this animal a service animal required because of a disability? (2) What tasks or work has this animal been trained to perform? If the answers to these questions reveal that an animal has been trained to provide assistance to a person with a disability, that person should be able to access services, programs, activities, and facilities while accompanied by his service animal. Service animals do not require certification, identification cards or licenses, special equipment, or professional training. 

• Evacuation and Return Home: Adopt policies to ensure that your community evacuation and recovery plans enable people with disabilities, including those who have mobility, vision, hearing, cognitive, and psychiatric disabilities to safely self-evacuate, to be evacuated by others, and to return home. 

• Transportation: Some people with disabilities will need accessible transportation. Identify accessible modes of transportation, such as wheelchair lift-equipped school buses, transit buses, paratransit vehicles, and taxis that will be available to evacuate people with disabilities during an emergency. Ensure that transportation plans address people with disabilities’ needs to transport mobility aids, such as wheelchairs or scooters, oxygen tanks or other medical equipment, and service animals. 

• Shelters – Policies: Review your sheltering program to ensure that rules, policies, and procedures comply with ADA requirements. Use the Department of Justice’s technical assistance publication, “The ADA and Emergency Shelters: Access for All in Emergencies and Disasters, ” which is located in Addendum 2 to this Chapter and at www.ada.gov/pcatoolkit/chap7shelterprog.htm All shelter operators need to know the ADA requirements discussed in this Chapter, including the Addenda. If your sheltering program is operated through any third parties, provide them with a copy of these materials. 

• Shelters – Physical Accessibility: Survey your community’s current shelters for barriers to access for persons with disabilities. Use the Department of Justice’s “ADA Checklist for Emergency Shelters,” which is located in Addendum 3 to this Chapter, and at www.ada.gov/pcatoolkit/chap7shelterchk.htm

  • If you find barriers to access, remove the barriers or work with the facility’s owner to remove them. 

  • If barriers remain, find another nearby facility that is or can be made accessible. In identifying new or alternative shelter locations, use the preliminary survey tool which will help you determine if a facility is a good candidate for a potential emergency shelter. 

  • Until all emergency shelters have accessible parking, exterior routes, entrances, interior routes to the shelter area, sleeping and recreational areas, dining facilities, and toilet/bathing rooms, identify and widely publicize to the public, including persons with disabilities and organizations with expertise on disability issues, the locations of the most accessible emergency shelters and the accessible features they provide. 

  • Adopt procedures to ensure that shelter staff and volunteers maintain accessible routes and minimize protruding objects. 

• Social Services and Other Benefit Programs: Review your social service and other emergency- and disaster-related programs, services, and activities to ensure that people with disabilities have an equal opportunity to apply for and benefit from them. 

  • Ensure that eligibility criteria do not unnecessarily screen out or tend to screen out people with disabilities – e.g., requiring a driver’s licence excludes people who, because of their disability, cannot drive; requiring a telephone number excludes many people who are deaf or have a speech disability.

  • Ensure that architectural barriers do not deny access to people with mobility disabilities. 

  • Ensure that communication barriers do not deny access to people with disabilities. Establish policies and procedures to provide the auxiliary aids and services needed to communicate effectively with people with disabilities, giving primary consideration to the auxiliary aids and services requested by an individual with a disability. 

  • Provide training so that employees and volunteers who staff these programs understand their ADA obligation to provide effective communication and make reasonable modifications to policies, practices, and procedures when necessary to avoid discrimination against people with disabilities. 

• Incident Management: During emergencies and disasters, first responders, emergency transportation drivers, and shelter staff often have questions about how to handle issues that arise. When these issues involve people with disabilities, ADA obligations are often implicated. Consider appointing one or more persons knowledgeable on ADA requirements and disability issues (ADA Incident Managers) who will be on-call throughout emergencies and disasters to provide quick guidance on issues that may involve the ADA and/or a person with a disability. 

• Recovery: During disasters, government facilities can be damaged or destroyed. When altering or rebuilding after a disaster, ensure that alterations to facilities and the design and construction of new or replacement facilities comply with all applicable federal accessibility requirements.

Chapter 7 Addendum 1: Title II Checklist (Emergency Management)

PURPOSE OF THIS CHECKLIST: This checklist is designed for use as a preliminary assessment of your emergency management programs, policies, procedures, and shelter facilities. The goal is to look at your programs, policies, procedures, and shelter facilities to see if there are any potential ADA problems.

MATERIALS AND INFORMATION NEEDED: To assess the accessibility of your emergency management programs, policies, procedures, and shelter facilities, you will need:

• a copy of your emergency planning and preparedness documents;

• a copy of materials used to train employees and volunteers who perform emergency management functions;

• a copy of materials distributed to the public on emergency preparedness and emergency management and the procedures used for distribution of such materials;

• a copy of any current contracts or other documents reflecting your relationship with other public entities and/or private organizations to provide any services related to emergency management, such as planning, prevention, preparedness, evacuation, transportation, sheltering, medical services, lodging, housing, response, social services, recovery, clean-up, and remediation;

• a list of notification methods, procedures, materials, and equipment used to communicate information about emergencies to the public, including people with disabilities (in particular, communication with people who are deaf or hard of hearing and people who are blind or have low vision);

• a copy of your policies and procedures on emergency notification, evacuation, transportation, emergency shelters, emergency food and medical supplies, temporary lodging and housing, medical services, social services, and other emergency management services;

• a list of accessible transportation and lodging resources that can be used in an emergency for evacuation, return home following an evacuation, and/or temporary lodging and housing;

• a list of the facilities designated as emergency shelters, including mass care shelters, special needs shelters, and medical shelters;

• eligibility criteria, if any, for participation in emergency management programs, services, and activities, including mass care, special needs, and medical shelters; and

• copies of the “ADA Checklist for Emergency Shelters,” located in Addendum 3 to this Chapter and at , and survey tools (metal tape measure, electronic (digital) level, pressure gauge, and digital camera).

General Emergency Management Policies and Procedures

1.   If you have a contract or other arrangement with any third party entities, such as the American Red Cross or another local government, to provide emergency planning and/or emergency management or response services, does your contract or other documentation of your arrangement contain policies and procedures to ensure that the third party entities comply with ADA requirements, as outlined in Chapter 7 of this Tool Kit, including Addenda 2 and 3?

  ◼ Yes

  ◼  No

  ◼  N/A

2.   Do you have written procedures to ensure that you regularly seek and use input from persons with a variety of disabilities and organizations with expertise in disability issues in all phases of your emergency planning, such as those addressing preparation, notification, evacuation, transportation, sheltering, medical and social services, temporary lodging and/or housing, clean-up, and remediation?

  ◼  Yes

  ◼  No

3.   Do you seek input and participation from people with disabilities and organizations with expertise on disability issues when you stage emergency simulations and otherwise test your preparedness?

  ◼  Yes

  ◼  No

Planning for Emergency Notification and Evacuation

This section helps you identify potential ADA-related problems in your plans for the emergency notification and evacuation of people with disabilities. To ensure an accurate assessment of ADA compliance, this checklist should be completed with the input and assistance of those employees and contractors who are involved in your entity’s emergency planning, notification, and evacuation programs, services, and activities.

4.   For planning purposes, have you determined the extent to which, in an emergency or disaster, people with disabilities who reside or visit your community are likely to need individualized notification, evacuation assistance, and/or transportation, including accessible transportation?

  ◼ Yes

  ◼  No

5.    Has your emergency planning identified the resources you will use to meet the needs of individuals with disabilities who require individualized notification, evacuation assistance, and/or transportation, including accessible transportation?

  ◼  Yes

  ◼  No

6.    If your emergency warning systems use sirens or other audible alerts, do you have written procedures to ensure the use of a combination of methods to provide prompt notification of emergencies to persons who are deaf or hard of hearing? (Note: Examples of methods that may be effective in communicating emergencies to people who are deaf or hard of hearing include auto-dialed TTY and taped telephone messages, text messaging, emails, open captioning on emergency broadcasts on local television stations, and dispatching qualified sign language interpreters to assist with emergency announcements that are televised.)

  ◼  Yes

  ◼  No

7.   Does your plan address the needs of people with disabilities who will require assistance leaving their homes?

  ◼  Yes

  ◼  No

8.    Do you have written procedures to ensure that your community evacuation plans enable people with a wide variety of disabilities to safely self-evacuate and, for those who cannot self-evacuate, to receive evacuation assistance ? (Note: The plans should address the evacuation needs of people who have mobility disabilities, people who are blind or have low vision, people who are deaf or hard of hearing, people with cognitive and psychiatric disabilities, people with disabilities who use service animals, and other people with disabilities who reside or visit your community who may need evacuation assistance.)

  ◼  Yes

  ◼  No

9.    Have you established a voluntary, confidential registry for persons with disabilities to request individualized notification, evacuation assistance, and transportation?

  ◼  Yes

  ◼  No

a.   If you maintain such a registry, do you have written procedures to ensure that it is voluntary, it has appropriate confidentiality controls, the information in the registry is regularly updated, and outreach to persons with disabilities and organizations with expertise on disability issues is conducted to inform them of its availability?

  ◼  Yes

  ◼  No

  ◼  N/A

10.   Does your emergency transportation plan identify accessible transportation resources that will be available to evacuate persons with mobility disabilities, including people who use wheelchairs or scooters, people who use medical equipment, such as oxygen tanks, and people who use service animals? (Accessible transportation consists of wheelchair lift-equipped vehicles.)

  ◼  Yes

  ◼  No

11.   Do your emergency plans, policies, and procedures provide for people with disabilities to be evacuated and transported to shelters together with their families?

  ◼  Yes

  ◼  No

12.    Do your emergency management plans, policies, and procedures ensure that people with disabilities are not separated from their service animals during evacuation and transportation?

  ◼  Yes

  ◼  No

Training First Responders, Staff, and Volunteers

13.    Have the following categories of individuals been trained on the information provided in Chapter 7, including Addenda 2 and 3?

a.    Emergency planners, those who designate facilities to be used as shelters, and those who make advance arrangements to address emergency staffing, equipment, medical supplies, food and beverages, and other emergency-related needs?

  ◼ Yes

  ◼  No

b. Staff and volunteers who participate in notification activities?

  ◼  Yes

  ◼  No

c.   First responders and other staff and volunteers who deal with evacuation, transportation, and emergency-related security issues?

  ◼  Yes

  ◼  No

d.    Shelter staff and volunteers and those who will be involved in routing people to shelters and deciding shelter placements for people with disabilities and their families?

  ◼  Yes

  ◼  No

e.    Individuals involved in establishing and operating temporary housing or lodging programs?

  ◼  Yes

  ◼  No

f.    Individuals who will establish and operate emergency-related medical and social service programs?

  ◼  Yes

  ◼  No

g.    Individuals who will be responsible for repair, rebuilding, and continuity of program operations following an emergency or disaster?

  ◼  Yes

  ◼  No

Physical Accessibility in Emergency Shelter Programs

This section helps you identify architectural barriers to access in your emergency shelter facilities. To ensure an accurate assessment of ADA compliance, this checklist should be completed with the input and assistance of those employees, volunteers, and representatives of third party organizations that are involved in your emergency planning and sheltering programs.

14.    Have you conducted an accessibility survey of all of your emergency shelter facilities, whether owned by government or a private entity to determine if they comply with ADA requirements? See “Checklist for Accessible Emergency Shelters,” included in Addendum 3 to this Chapter.

  ◼ Yes

  ◼  No

15.   Have you identified access barriers at any of the shelter facilities?

  ◼  Yes

  ◼  No

16.   If you found barriers at emergency shelters, have you taken steps to ensure that the barriers are removed to provide (at a minimum) the following accessible features that comply with the requirements of the ADA Standards for Accessible Design (ADA Standards): parking, exterior route from the parking to the entrance, entrance, sleeping area, dining area, toilet facilities, bathing facilities, recreational areas, emergency exit, and interior routes to all of these areas?

  ◼  Yes

  ◼  No

   N/A

17.   If all barriers have not been removed from a shelter, have you identified an appropriate number of alternate shelters that provide (at a minimum) the following accessible features that comply with the requirements of the ADA Standards: parking, exterior route from the parking to the entrance, entrance, sleeping area, dining area, toilet facilities, bathing facilities, recreational areas, emergency exit, and interior routes to all of these areas?

  ◼  Yes

  ◼  No

  ◼  N/A

18.    Until all emergency shelters have the required accessible features referenced above, have you identified and widely publicized to the public and to persons with disabilities and disability organizations the most accessible emergency shelters and the accessible features that each has?

  ◼  Yes

  ◼  No

  ◼  N/A

19.    Have you adopted policies and procedures to ensure that shelter staff and volunteers maintain accessible routes for individuals who use wheelchairs and other mobility aids?

  ◼  Yes

  ◼  No

20.    Have you adopted procedures to minimize protruding objects and overhead objects in shelters so that someone who is blind or has low vision can walk safely throughout the shelter?

  ◼  Yes

  ◼  No

21.    Have you adopted policies and procedures for shelter staff and volunteers to offer wayfinding assistance to people who are blind and those with low vision who may need assistance in understanding and navigating the shelter layout and locating shelter facilities (e.g., finding the route to the toilet room when furniture layouts change)?

  ◼  Yes

  ◼  No

22.    Have you established policies and procedures to ensure that, in the future, facilities are surveyed for accessibility and barriers to access are removed before a facility is designated as a shelter?

  ◼  Yes

  ◼  No

Policies and Procedures in Emergency Shelters

23.    Do you have supplies of informational materials routinely handed out at emergency shelters available in alternative formats (Braille, large print) for people who are blind or have low vision?

  ◼ Yes

  ◼  No

24.    Have you adopted policies and procedures for shelter staff and volunteers to provide assistance to people who are blind or have low vision by reading and completing forms and other written materials that are not available in alternative formats?

  ◼  Yes

  ◼  No

25.    Do any of your shelters have low-stimulation “stress-relief zones,” such as an empty classroom in a school building used as an emergency shelter?

  ◼  Yes

  ◼  No

• If you offer “stress-relief zones,” have you adopted policies and procedures to make these areas available on a priority basis to people whose disabilities are aggravated by stress?

    ◼  Yes
  
    ◼  No
  
    ◼  N/A

26.    Have you adopted emergency shelter eligibility policies and procedures to ensure that people with disabilities are housed at “mass care” shelters unless they are medically fragile?

  ◼  Yes

  ◼  No

27.    Have you adopted “mass care” shelter procedures to ensure that shelter staff and volunteers do not turn away people with disabilities who may need assistance with activities of daily living even though their personal care aides may not be with them?

  ◼  Yes

  ◼  No

28.    Have you adopted policies and procedures to ensure that “mass care,” “special needs,” and “medical” shelter staff and volunteers are trained and monitored so they provide safe, appropriate assistance with activities of daily living (e.g., eating, dressing, personal hygiene, transferring to and from wheelchairs) that some people with disabilities may require?

  ◼  Yes

  ◼  No

29.   If you provide a “special needs” or “medical” shelter, have you adopted eligibility policies and procedures to ensure that people with disabilities are not housed in such shelters just because they have a disability? (Note: Special needs and medical shelters are for medically fragile people who require the type of care provided in hospitals and nursing homes. Most people with disabilities are not medically fragile. The ADA requires emergency managers and shelter operators to accommodate people with disabilities in the most integrated setting appropriate to their needs.)

  ◼  Yes

  ◼  No

  ◼  N/A

30.    Have your shelter staff and volunteers received training with site-specific instructions for providing people with disabilities access to all services, activities, and programs at “mass care,” “medical,” and “special needs” shelters?

  ◼  Yes

  ◼  No

31.    Do you have written policies and procedures to ensure that people who are deaf or hard of hearing, people with speech disabilities, and people who are blind or have low vision are provided with effective communication during their stay at a shelter?

  ◼  Yes

  ◼  No

32. Do you provide a TTY at each emergency shelter for use by people who
are deaf, are hard of hearing, or have speech disabilities?

  ◼  Yes

  ◼  No

33.    Do you have written procedures to ensure that persons with disabilities who use service animals are not separated from their service animals when using emergency shelters and have full access to shelter programs, services, and activities, even if pets are normally prohibited in shelters or in certain areas of shelters?

  ◼  Yes

  ◼  No

34.    Do you have written procedures to ensure that food, water, and a receptacle and plastic bags for the disposal of service animal waste are available at emergency shelters?

  ◼  Yes

  ◼  No

35.    Have you established security procedures at shelters that allow people with service animals to take their animals outside for relief without unnecessary delays for security screening upon re-entry?

  ◼  Yes

  ◼  No

36.    Do you have written procedures to ensure that emergency shelters have back-up generators and a way to keep medications refrigerated (such as a refrigerator or a cooler with ice)?

  ◼  Yes

  ◼  No

37.    Do your written procedures on back-up generators include a plan for routinely notifying the public and disability groups of the location of shelters providing electricity and refrigeration?

  ◼  Yes

  ◼  No

38.    Does your emergency management plan provide an effective way for people with disabilities to request and receive durable medical equipment and medication while in shelters?

  ◼  Yes

  ◼  No

39.    Have you established procedures for people with disabilities to request and receive cots or beds, modifications to cots or beds, securement of cots or beds to allow safe transfer to a wheelchair, and placement of cots or beds in specific locations when needed?

  ◼  Yes

  ◼  No

40.    Have you adopted kitchen access policies to provide immediate access to food and refrigerated medications for shelter residents and volunteers whose disabilities may require it?

  ◼  Yes

  ◼  No

41. Does your emergency management plan ensure that at least some kinds of foods and beverages are available in emergency shelters for people with dietary restrictions, such as people who have diabetes or severe food allergies?

  ◼  Yes

  ◼  No

Medical and Social Services

42.    Have you established policies and procedures to ensure that medical and social services and other benefit programs are accessible to people with disabilities, including people who use wheelchairs, scooters, and other mobility aids, individuals who cannot leave shelters because of their disabilities, and people who use service animals?

  ◼ Yes

  ◼  No

43.    Have you established policies and procedures to ensure that application processes for benefit programs are designed so they do not exclude people with disabilities whose disabilities prevent them from using one particular type of application process (e.g., web-based application processes, telephone-based application processes, procedures requiring applicants to have a valid driver’s license, or procedures requiring applicants to apply in person)?

  ◼  Yes

  ◼  No

44.   Do you have policies and procedures to ensure that your medical, social service, and other benefit programs provide effective communication to people with disabilities, including people who are deaf or hard of hearing and people who are blind or have low vision?

  ◼  Yes

  ◼  No

• Do your policies and procedures include primary consideration of
  the communication method preferred by an individual with a
  disability?

    ◼  Yes
  
    ◼  No
  
    ◼  N/A

Post-Sheltering Policies and Procedures

45.    Have you adopted procedures to provide additional time, transportation, and search assistance for people with disabilities in emergency shelters to locate accessible temporary housing and support services in the community following an emergency?

  ◼ Yes

  ◼  No

46.    If you have a program to provide temporary housing to persons when they leave emergency shelters but cannot yet return home (e.g., housing in dormitories, rooms at lodging facilities, trailers), have you adopted a plan for providing prompt, equivalent temporary housing to persons with disabilities, including accessible housing for people who use wheelchairs, scooters, and other mobility aids and people who are deaf or hard of hearing?

  ◼  Yes

  ◼  No

  ◼  N/A

47.    If you have a temporary housing program, do your information materials on temporary housing include information on accessible housing (such as the specific location of accessible hotel rooms within the community or in nearby communities and transportation resources available in that area)?

  ◼  Yes

  ◼  No

  ◼  N/A

Post-Emergency Repair, Rebuilding, and Resumption of Program Operations

48.    Have you established policies and procedures to ensure that the repair and rebuilding of government facilities comply with the accessibility requirements of Title II of the ADA?

  ◼ Yes

  ◼  No

49.    Have you established policies to ensure that programs relocated from a damaged facility on a temporary or permanent basis remain accessible to people with disabilities?

  ◼  Yes

  ◼  No

Chapter 7 Addendum 2: The ADA and Emergency Shelters: Access for All in Emergencies and Disasters

One of government’s primary responsibilities is to protect residents and visitors. Providing emergency shelter during disasters and emergencies is a basic way of carrying out this duty. Shelters are sometimes operated by government entities themselves. More commonly, though, shelters are operated for the state or local government by a third party – often the American Red Cross. Regardless of who operates a shelter, the Americans with Disabilities Act (ADA) generally requires shelters to provide equal access to the many benefits that shelters provide, including safety, food, services, comfort, information, a place to sleep until it is safe to return home, and the support and assistance of family, friends, and neighbors.¹ In general, the ADA does not require any action that would result in a fundamental alteration in the nature of a service, program, or activity or that would impose undue financial and administrative burdens.² This Addendum discusses some of the key issues that emergency managers and shelter operators need to address in order to comply with the ADA when they plan for and provide shelter during emergencies and disasters. Although this Addendum focuses primarily on issues affecting shelter residents with disabilities, these issues are also generally applicable to volunteers and employees with disabilities.

A. Advance Planning

• Equal access requires advance planning. During emergencies and disasters, people with disabilities sometimes have different, disability-related needs than other individuals. Many of these needs cannot be met during emergencies and disasters without advance planning. For example, if a person’s health will be jeopardized without access to life-sustaining medication that must be refrigerated, an emergency shelter will be of little use to him unless he has access to the required medication and a way to keep it sufficiently cold. Resources of this kind will likely be unavailable unless emergency managers and shelter operators arrange to have them available well before an emergency or disaster occurs. 
  
  To provide equal access to people with disabilities, effective advance planning requires at least two steps: (1) identify the disability-related needs of the residents and visitors likely to be housed in a shelter, and (2) make the advance arrangements necessary to meet those needs in the event an emergency or disaster strikes. The most effective way for emergency managers and shelter operators to ensure that advance planning addresses the needs of people with disabilities in their community is to involve community members with a wide variety of disabilities in the advance planning process. These individuals will be able to identify the types of disability-related needs that community residents and visitors are likely to have during emergencies as well as some of the community resources that may be available to help meet those needs. 
  
  To help in the advance planning process, the following sections of this Addendum identify some of the more common disability-related needs that shelter residents are likely to have. However, since people with different disabilities will typically have different needs, the issues addressed in this document are not exhaustive. Each community will have disability-related issues specific to its own residents and visitors that need to be identified and addressed. These issues are also likely to change over time as residents move into and out of communities and as changes occur in the types of equipment, medication, and technology that people with disability use.

B. Accessibility

• Ensure that the sheltering program is accessible to people with disabilities. Disasters and emergencies are unpredictable. Even the best emergency managers cannot say with certainty when an emergency will strike, how extensive the damage will be, and which shelters will remain available to house people who must evacuate their homes. For most people, any building designated as a shelter will meet their basic emergency needs so long as it provides a safe place to eat, sleep, and take care of personal hygiene needs. But an emergency shelter is of little use to a person using a wheelchair if it has steps at the entrance or toilet rooms she cannot use. 
  
  Under the ADA, emergency sheltering programs must not exclude or deny benefits to people with disabilities.³ Emergency managers and shelter operators should therefore seek to ensure that shelters are physically accessible to people with disabilities, including people who use wheelchairs. Before designating a facility as an emergency shelter, emergency managers and shelter operators need to determine if it is accessible. Elements such as a shelter’s parking, walkway to the entrance, entrance, toilets, bathing facilities, drinking fountains, sleeping area, food distribution and dining quarters, first aid/medical unit, emergency notification system, and other activity and recreation areas need to be examined for barriers. Government facilities built since 1992 and private business facilities built since 1993 are often the best candidates for emergency shelters because they were subject to ADA requirements for physical accessibility when they were built.⁴ Some older facilities have been altered to provide physical accessibility⁵ or can be made physically accessible by using temporary measures stored on site and readily available for use in the event an emergency occurs. Other older facilities are poor candidates for emergency shelters because they have barriers that are too expensive or infeasible to remove. For guidance on emergency shelter accessibility, please see the Department of Justice’s “ADA Checklist for Emergency Shelters” at www.ada.gov/pcatoolkit/chap7shelterchk.htm. The checklist includes two assessment tools to ensure that emergency shelters provide access to all: (1) a preliminary checklist that will help emergency managers and shelter operators decide if a facility has the characteristics that make it a good candidate for a potential emergency shelter, and (2) a more detailed checklist that will help identify and remove the most common barriers to physical accessibility.

C. Eligibility Criteria

Shelters are usually divided into two categories: (1) “mass care” shelters, which serve the general population, and (2) “special needs” or “medical” shelters, which provide a heightened level of medical care for people who are medically fragile. Special needs and medical shelters are intended to house people who require the type and level of medical care that would ordinarily be provided by trained medical personnel in a nursing home or hospital.

• House people with disabilities in mass care shelters. Emergency managers and shelter operators sometimes wrongly assume that people need to be housed in special needs or medical shelters simply because they have a disability. But most people with disabilities are not medically fragile and do not require the type or level of medical care that special care and medical shelters are intended to provide. The ADA requires people with disabilities to be accommodated in the most integrated setting appropriate to their needs,⁶ and the disability-related needs of people who are not medically fragile can typically be met in a mass care shelter. For this reason, people with disabilities should generally be housed with their families, friends, and neighbors in mass care shelters and not be diverted to special needs or medical shelters. 
  
  To comply with the ADA’s integration requirement, emergency managers and shelter operators need to plan to house people with a variety of disabilities in mainstream mass care shelters, including those with disability related needs for some medical care, medication, equipment, and supportive services. Emergency managers and shelter operators must also ensure that eligibility criteria for mass care shelters do not unnecessarily screen out people with disabilities who are not medically fragile based on erroneous assumptions about the care and accommodations they require. 

• Respect the right of people with disabilities to make choices about where to shelter. In some communities, emergency managers have designated shelters specifically for individuals with disabilities or individuals with a specific type of disability. For example, a community with a school for students who are deaf may designate that facility as an emergency shelter for people who are deaf. While the ADA does not prohibit offering these types of emergency shelters,⁷ it generally does prohibit emergency managers and shelter operators from requiring people with disabilities or people with a specific type of disability to stay in such shelters.⁸ The ADA requires emergency managers and shelter operators to accommodate people with disabilities in the most integrated setting appropriate to their needs, which is typically a mass care shelter.

• House people with disabilities in mass care shelters even if they are not accompanied by their personal care aides. Some people with disabilities use personal care assistance for activities of daily living, such as eating, dressing, routine health care, and personal hygiene needs. One question that frequently arises is whether people with disabilities who use attendant care can be appropriately housed in mass care shelters. In most instances, they can. Most people with disabilities who use attendant care are not medically fragile and do not require the heightened level of medical care provided in a special needs or medical shelter. 
  
  In the past, some shelter operators maintained policies that prevented people with disabilities who regularly use attendant care from entering mass care shelters unless they were accompanied by their own personal care attendants. These policies denied access to many people with disabilities. 
  
  During emergencies, many personal care attendants – like other people – evacuate or shelter with their own families instead of staying with their clients. Shelter operators should provide support services in mass care shelters to accommodate people with disabilities who are not medically fragile but need some assistance with daily living activities unless doing so would impose an undue financial and administrative burden. Such assistance can be provided by medical personnel or trained volunteers.

• Make arrangements in advance to ensure that special needs and medical shelters have sufficient numbers of adequately trained medical staff and volunteers. Special needs and medical shelters house people with disabilities who require the heightened medical care that is ordinarily provided in nursing homes and hospitals. However, in the past, these shelters have often had too few qualified staff – or relied too heavily on volunteers with minimal training – to provide adequate care to the medically fragile people they house. 
  
  Advance planning is the only way emergency managers and shelter operators can secure enough trained medical personnel and adequately trained volunteers to ensure the safety and comfort of residents of special needs and medical shelters. 

• Keep families together whenever possible, even in special needs and medical shelters. Family members provide each other the support and assistance necessary to cope with emergencies and disasters. During these difficult times, separation from family members increases loneliness, worry, and additional stress. But while most families have been able to stay together during emergencies, individuals with disabilities have often been unnecessarily separated from their families because many special needs and medical shelters do not allow them to be accompanied by more than one person. 
  
  In disasters and emergencies, people are ordinarily allowed to shelter with their families. This benefit needs to be available to persons with disabilities as it is for everyone else. Of course, some people in special needs and medical shelters may need to be housed in medical wards apart from their families because of critical medical needs, but their families should still be housed nearby.

D. Reasonable Modifications

The ADA generally requires emergency managers and shelter operators to make reasonable modifications to policies, practices, and procedures when necessary to avoid discrimination.⁹ A reasonable modification must be made unless it would impose an undue financial and administrative burden.¹⁰ The following are examples of reasonable modifications that emergency managers and shelter operators will generally need to make:

• Modify “no pets” policies to welcome people who use service animals. Many emergency shelters do not allow residents or volunteers to bring their pets inside. But shelters must generally modify “no pets” policies to allow people with disabilities to be accompanied by their service animals. 
  
  A service animal is not a pet. Under the ADA, a service animal is any animal that is individually trained to provide assistance to a person with a disability. Most people are familiar with dogs that guide people who are blind or have low vision. But there are many other functions that service animals perform for people with a variety of disabilities. Examples include alerting people who are deaf or hard of hearing to sounds; pulling wheelchairs; carrying or retrieving items for people with mobility disabilities or limited use of arms or hands; assisting people with disabilities to maintain their balance; and alerting people to, and protecting them during, medical events such as seizures. 
  
  How can a service animal be identified? Service animals come in all breeds and sizes. Many are easily identified because they wear special harnesses, capes, vests, scarves, or patches. Others can be identified by the functions they perform for people whose disabilities can be readily observed. When none of these identifiers are present, shelter staff may ask only two questions to determine if an animal is a service animal: (1) “Do you need this animal because of a disability?” and (2) “What tasks or work has the animal been trained to perform?” If the answers to these questions reveal that the animal has been trained to work or perform tasks for a person with a disability, it qualifies as a service animal and must generally be allowed to accompany its owner anywhere other members of the public are allowed to go, including areas where food is served and most areas where medical care is provided. Questions about the nature or severity of a person’s disability or ability to function may not be asked. It is also inappropriate to question a person’s need for a service animal or to exclude a service animal on the grounds that shelter staff or volunteers can provide the assistance normally provided by the service animal. 

• Modify kitchen access policies for people with medical conditions that may require access to food. Most shelter operators restrict residents’ and volunteers’ access to the kitchen to preserve food and beverage supplies and maintain efficient kitchen operations. But people with medical conditions such as diabetes may need immediate access to food to avoid serious health consequences. Shelter operators need to make reasonable modifications to kitchen policies so that residents and volunteers with disability-related needs can have access to food and beverages when needed. 

• Modify sleeping arrangements to meet disability-related needs. To maximize efficiency, shelter operators typically provide one standard type of cot or mat for use by shelter residents. However, some people have disability-related needs for cots to be modified or may need to sleep on cots or beds instead of on mats placed on the floor. For example, a person with muscular dystrophy may require a cot with a very firm mattress to provide the physical support needed to facilitate breathing. Similarly, many people with mobility disabilities will be unable to use a sleeping mat placed on the floor. For example, many people using wheelchairs or scooters will be unable to safely transfer on and off a cot or bed unless it is firmly anchored so it does not move and has a firm sleeping surface that is 17 - 19 inches above the floor. Shelter operators need to establish procedures that people with disabilities can use to request reasonable modifications to sleeping arrangements.

E. Effective Communication

From the moment people begin to arrive at a shelter, good communication between staff, volunteers, and residents is essential. Many shelter residents and volunteers might have communication-related disabilities, including those who are deaf or hard of hearing and those who are blind or who have low vision. People with mental retardation or psychiatric disabilities might also have communication difficulties in certain circumstances, such as registering, filling out applications for benefits, or trying to understand what benefits and services are available.

Under the ADA, shelter operators must provide “effective communication” to people with disabilities unless doing so would result in a fundamental alteration or would impose undue financial and administrative burdens.¹¹ Shelters that are part of a state or local government sheltering program must give “primary consideration” to the type of auxiliary aid or service preferred by the person with a disability;¹² they must defer to that choice unless another equally effective method of communication is available or the preferred method would impose an undue financial and administrative burden or fundamental alteration.¹³ This requirement applies even if a third party operates the shelter under an arrangement with the state or local government.

Advance planning is critical to ensuring effective communication during an emergency. Without such planning, it may be difficult or impossible to locate auxiliary aids and services and have them ready for use at the shelter. Advance planning will also alleviate the expense and burdens associated with providing auxiliary aids.

• Provide alternate format materials for people who are blind or who have low vision. People who are blind or have low vision may request documents and brochures in alternate formats (Braille, large print, or audio recording). Generally, shelter supplies should include alternate format versions of documents that are routinely made available to shelter residents. Having alternate formats available for distribution during an emergency requires advance planning. 
  
  When documents are prepared on the spot and alternate formats cannot be prepared in advance or produced as needed, shelter operators are still required to provide effective communication through alternate means.¹⁴ Often, the most effective solution in an emergency is to provide a person to read printed documents and, where applicable, someone to help fill out forms. People who serve as readers or provide assistance filling out forms must be “qualified” – in the context of an emergency shelter, this means being capable of and willing to read materials and complete forms as instructed by the person with a disability. 

• Ensure that audible information is made accessible to people who are deaf or hard of hearing. In emergency shelters, most information is conveyed through oral announcements. Shelter operators must ensure that people who are deaf or hard of hearing have access to this information in a timely and accurate manner. In some circumstances, qualified sign language or oral interpreters may be required by the ADA. In others, posting messages and announcements in written format on a centrally located bulletin board, or writing notes back and forth with residents who are deaf or hard of hearing, may suffice.
  
  The type of auxiliary aid or service required in a specific situation depends on several factors, including the length, complexity, and importance of the communication and the person’s language skills and history. For example, handwritten notes will not communicate information effectively to a person who cannot read. Similarly, providing a sign language interpreter will not be effective for a person who is hard of hearing and does not understand sign language. If it becomes an undue financial and administrative burden to obtain qualified sign language or oral interpreters at a shelter, then the ADA does not require them. However, advance planning can significantly reduce the costs and administrative burdens of making interpreters available.

• Provide a TTY for the use of people who are deaf or hard of hearing. Many people in shelters use telephones to apply for disaster relief benefits, arrange for transitional housing, and speak to family and friends. People who can use standard voice telephones typically make use of shelter telephones or cellular phones for this purpose. But without access to a teletypewriter (TTY), people who are deaf or hard of hearing and those who have speech disabilities are unable to communicate with others over the telephone.

F. Shelter Environment

• Offer orientation and wayfinding assistance to people who are blind or have low vision. Until they become familiar with the shelter layout, blind people and those with low vision may have difficulty locating different areas of the shelter. Even after they are oriented to the shelter environment, changes in furniture layout or the addition or removal of cots may be disorienting to people who rely on these landmarks to find their way around. When they arrive at a shelter, people who are blind and those with low vision might need assistance orienting themselves to the shelter layout and locating pathways to sleeping areas, toilet rooms, and other areas of the shelter they may wish to use. Offer, but do not insist, on providing orientation and wayfinding assistance. Some people who are blind or have low vision need such assistance. Others can, and prefer to, find their own way. 

• Maintain accessible routes. Cots and other furniture need to be placed to ensure that accessible routes – routes that people who use wheelchairs, crutches, or walkers can navigate – connect all features of the shelter. For instance, accessible routes need to connect the sleeping quarters to the food distribution and dining quarters, to the toilet rooms and bathing facilities, activity areas, etc. Generally, an accessible route is 36 inches wide, except at doors and for short distances, when it can be narrower, and where it turns, when it must be wider. More guidance on accessible routes is provided in the “ADA Checklist for Emergency Shelters” at www.ada.gov/pcatoolkit/chap7shelterchk.htm. 

• Eliminate protruding objects in areas where people can walk. Furniture and other items should be positioned to direct pedestrians who are blind or have low vision safely away from overhead or protruding objects. This requirement extends beyond the “accessible route” and applies throughout the shelter environment to any place where a person can walk. Hazards posed by protruding and overhead objects can typically be eliminated by placing a cane-detectable barrier on the floor beneath or next to them. But care should be taken so cane-detectable barriers do not block accessible routes or the clear floor space that people using mobility devices need to access common protruding objects such as drinking fountains. For more guidance on protruding objects, please see please see the “ADA Checklist for Emergency Shelters” at www.ada.gov/pcatoolkit/chap7shelterchk.htm. 

• Consider low-stimulation “stress-relief zones.” The stress from the noise and crowded conditions of a shelter – combined with the stress of the underlying emergency – may aggravate some disability-related conditions, such as autism, anxiety disorders, or migraine headaches. Without periodic access to a “quiet room” or quiet space within a larger room, some people with disabilities will be unable to function in a shelter environment. In locations where a school gym serves as the emergency shelter, a nearby classroom can provide the necessary relief from noise and interaction that some shelter residents and volunteers with disabilities will need. Other shelter residents and volunteers may want a break from the noise and crowds. But quiet spaces are limited, they should be made available on a priority basis to people whose disabilities are aggravated by stress or noise. 

• Consult residents with disabilities regarding placement of their cots. Some individuals will have disability-related needs that require accommodation when assigning the location of their cot. For instance, a person who uses a wheelchair, crutches, or a walker may need a cot located close to an accessible toilet room. Since an assigned cot may not be identifiable by touch, a blind person may need a cot placed in a location that she can easily find. A person with low vision may need his bed located close to light so he can see or away from bright light that aggravates his eyes. Likewise, someone who is deaf or hard of hearing may need a cot placed away from visual distractions that would prevent him from sleeping.

G. Supplies

• Provide an effective way for people to request and receive durable medical equipment and medication.Despite advance planning, some people with disabilities will find themselves in shelters without a supply of the medications or medical equipment they need. For example, some medical insurance plans prohibit people from purchasing medication until their existing supply is almost gone. Other people may be required to evacuate without medication or medical equipment or be inadvertently separated from medication or medical equipment during evacuation. Emergency managers and shelter operators need to plan and make arrangements in advance so persons with disabilities can obtain emergency supplies of medications and equipment.

• Whenever possible, provide refrigeration for certain types of medication. Many people with disabilities need medication that must be refrigerated. Shelters need to have a safe and secure refrigerated location where medications can be stored and accessed when needed.

• If electricity is available, give priority to people with disabilities who use ventilators, suctioning devices, and other life-sustaining equipment. Some people with disabilities require ventilators, suctioning devices, or other life-sustaining equipment powered by electricity. Without electrical power, many of these individuals cannot survive. When electrical power is available, access should be given to people who depend on electrically powered equipment to survive. 
  
  Many people with disabilities depend on battery-powered wheelchairs and scooters for mobility. The batteries in these mobility aids must frequently be recharged, or they will stop functioning. Without these mobility aids, many people with disabilities will lose their ability to move about, they may be unable to participate in some services offered by the shelter, and they may need to depend more heavily on assistance from others. When possible, provide these individuals the opportunity to charge the batteries that power the equipment they use for mobility and independence. 

• Provide food options that allow people with dietary restrictions to eat. Because of disabilities, some people are unable to eat certain types of food. For example, people with diabetes must restrict their intake of carbohydrates. Other people have severe allergies to common food ingredients, such as peanut oil and byproducts. In planning food supplies for shelters, emergency managers and shelter operators need to consider foods and beverages for people with common dietary restrictions. 

• Provide emergency supplies that enable people with disabilities to care for their service animals. Many people with disabilities rely on service animals to do things they cannot do themselves. But when evacuating during an emergency, some individuals will be unable to transport enough food and water for their service animals. Shelter operators need to make food and water available so individuals can feed and care for their service animals. Shelter operators should also make reasonable modifications to security screening procedures so that people with disabilities are not repeatedly subjected to long waits at security checkpoints simply because they have taken their security animals outside for relief.

H. Transitions Back to the Community

• Provide people with disabilities a reasonable amount of time and assistance to locate appropriate housing.Shelters provide temporary refuge during and after an emergency until people can return home or arrange an alternative place to live. In some instances, shelter operators have required individuals with disabilities to move to hospitals, nursing homes, or other institutions when these individuals could not locate accessible housing or the supportive services they needed to live in their own home as quickly as other individuals. As a result, some people with disabilities who once lived independently in their own homes found themselves institutionalized soon after a disaster occurred. 
  
  The ADA generally requires people with disabilities to receive services in the most integrated setting appropriate to their needs unless doing so would result in a fundamental alteration in the nature of services or impose undue financial and administrative burdens.¹⁵ To comply with this requirement and assist people with disabilities in avoiding unnecessary institutionalization, emergency managers and shelter operators may need to modify policies to give some people with disabilities the time and assistance they need to locate new homes.

I. Other Resources

As discussed above, the ADA requires that people with disabilities have equal access to shelters and the benefits they provide. Providing equal access to people with different disabilities can involve very different issues. This document discusses a few of the most common issues and how they can be addressed. Other issues are addressed in Chapter 7 of the “ADA Best Practices Tool Kit for State and Local Governments,” “The ADA Guide for State and Local Governments: Making Emergency Preparedness and Response Programs Accessible to People with Disabilities, ” the “ADA Checklist for Emergency Shelters,” and other technical assistance materials that are available on the Department of Justice’s ADA Home Page at www.ada.gov.

Chapter 7, Addendum 3: ADA Checklist for Emergency Shelters

Appendices 1 and 2 ADA Accessibility Survey Forms and Instructions

A. About Appendices 1 and 2

Reviewing programs and facilities for accessibility is one of the most effective ways for state and local governments to ensure that they are complying with the Americans with Disabilities Act (ADA). The survey forms in Appendix 1 of this Tool Kit and the survey instructions in Appendix 2 are resources that will assist you in conducting surveys and identifying architectural barriers to access. The materials in Appendices 1 and 2 guide surveyors – even those with little or no knowledge of accessibility or experience surveying – through the process of surveying elements in a step-by-step manner while explaining common sources of confusion along the way.

The survey forms in Appendix 1 serve as the foundation of the accessibility survey. The forms tell you what information to collect during the survey and provide a place for you to record that information. Consisting of a series of yes/no questions, the survey forms are designed to make identifying architectural barriers easy because the questions are formulated so that responding “no” (circling “N” on the form) indicates a barrier.

The survey forms contain some questions and terms that people unfamiliar with accessibility requirements or surveying might not fully understand. When that occurs, surveyors need to refer to the survey instructions in Appendix 2. The survey instructions, which include illustrations and explanations, are intended to be used in tandem with the survey forms. Each question on the survey forms has a number in the left-hand column, and that number corresponds to an explanation in the survey instructions. Surveyors should refer to the instructions the first time they use a form and as often as needed to make sure they are taking the required measurements and answering the questions correctly. These forms and instructions are intended to help you identify many of the most common architectural barriers to access for people with disabilities. They will not teach you to identify all architectural barriers to access. To identify all architectural barriers, you must refer to one of the applicable design standards – either the ADA Standards for Accessible Design (excluding the elevator exception contained in § 4.1.3(5) of the Standards) or the Uniform Federal Accessibility Standards – and survey for compliance with each of the applicable requirements. The survey materials included in this Tool Kit are based on the requirements in the ADA Standards.

B. What does an accessibility survey entail?

The purpose of an accessibility survey is to determine whether or not a facility, or the component parts of a facility, have barriers to access by people with a variety of disabilities. During an accessibility survey, surveyors assess the current conditions of the facility to identify barriers. The forms and instructions contained in Appendices 1 and 2 will guide surveyors through this process, which generally entails:

• identifying the features at the facility that need to be measured;

• determining which form needs to be completed in order to survey a feature; 

• measuring all of the features that impact accessibility using proper measurement devices and techniques;

• accurately answering the questions on the survey forms based on the measurements taken and recording those measurements; and

• taking photographs of the surveyed features, including, when possible, the measurements obtained on measuring tapes and digital levels.

C. Who should conduct the survey?

While it is possible for a single individual to survey facilities for accessibility, most people find it easier to conduct surveys while working in teams of two or three. A team approach can be more efficient because it allows team members to assume different roles. For example, one surveyor can take notes and complete forms while another surveyor is obtaining measurements and taking photos. If the survey is conducted by a three-person team, the third team member can take the photographs or read aloud the survey instructions in Appendix 2.

Like the director of a movie, the person filling out the survey forms generally leads the accessibility survey, which should proceed in the same order as the questions appear on the form. To make sure all questions are answered, the surveyor taking notes should read the question out loud so that the surveyor taking measurements will know what data is needed. Then the surveyor taking measurements can check the survey instructions to see how the measurement should be taken, obtain the measurement, and announce it to the note-taker, who can then record the data on the form.

The note-taking role and the measurement-taking role require different skills. The person recording data on the survey form needs to be detail conscious, ensuring that all the questions are answered, all the data is recorded accurately, and all the answers are legible. Taking measurements, on the other hand, can be more physically demanding than taking notes because it requires frequent stretching, bending, and stooping. In addition, the person taking photographs needs to know how to use the camera and be able to take clear photographs. When assembling a survey team, it is helpful to match these different skills to the relative strengths of the team members.

Being familiar with the contents of the survey forms and instructions is the best way to ensure that the survey proceeds smoothly. Surveyors will naturally gain familiarity with the materials by going out and surveying with them, but it is a good idea to review the forms and instructions before conducting the survey. Knowledge of the materials will enable the surveyors to quickly establish a good pace and rhythm for the survey.

D. What tools are needed to conduct a survey and how do you use them?

Now that you know how team members should work together, you need to gather your “tools of the trade.” The following are the standard tools that the Civil Rights Division uses in conducting its surveys under Project Civic Access:

• a metal measuring tape that is at least 25-feet long; 

• a two-foot long electronic (digital) level; 

• a digital camera (one with at least three megapixels of resolution with a zoom feature can be used to photograph measurements on tape measures and digital levels); and 

• a pressure gauge.

1. Measuring Tape

A metal measuring tape is an essential tool for a successful survey because many of the accessibility requirements concern the width, height, or depth of various features.

A measuring tape will make a good surveying instrument if it has the following characteristics: it is metal, which is important for durability; it is 25- to 50-feet long, which is necessary because surveyors will often have to measure long distances; and it is easy to read, which will help ensure that the surveyors report accurate data. You will generally not need to measure dimensions in increments of less than ¼ inch.

2. Electronic (Digital) Level

The slope of a curb ramp or a walkway can make or break its accessibility. People who use wheelchairs, walkers, and other mobility devices cannot safely use a curb ramp, walkway, or ramp that is too steep. The most effective and efficient way to measure the slope of a walkway is to use a two-foot long electronic (digital) level.

Digital levels are relatively inexpensive, easy to use, and extremely accurate if you read and follow the instructions provided by the manufacturer. For the digital level to perform accurately, you must calibrate it at the beginning of each day before using it to measure any slopes and recalibrate it before using it again if you drop it. Calibrating a digital level is usually simple, taking less than a minute once you read the manufacturer’s instructions.

The ADA Standards set requirements for maximum running and cross slopes, so surveyors can generally check compliance with the Standards by measuring where the running slopes appear steepest and where the cross slopes appear steepest. If the running slopes and cross slopes at the steepest points comply with the requirements for maximum running and cross slopes, the running and cross slopes at other locations will also comply. The illustrated survey instructions for the features where slope and cross slope are likely to be an issue will show you how and where to take the measurements.

Note: Some architects use a "rise over run" formula to calculate the slope of a surface. This formula is useful when designing walkways and other surfaces, but it is not useful when assessing the accessibility of a feature that has already been constructed. This formula does not reliably provide the actual slope because it does not take into account factors such as the existing topography of a site and because it assumes that the slope over the length of the run is consistent, which is often an inaccurate assumption.

3. Camera

Taking photographs is an important part of an accessibility survey. Surveying takes a lot of concentrated effort, it can be physically taxing, and even the best surveyors can make mistakes when they become tired. Photos fill in the gaps. If a question on a survey form is overlooked accidentally, a well-taken photograph will sometimes provide the answer to the question. Photos also help identify accessibility problems that surveyors have inadvertently overlooked. In addition, photos may be useful for reporting and explaining survey techniques and results to decision makers and for crafting solutions to accessibility problems.

For best results, use a digital camera with at least three megapixels of resolution and a zoom lens. Consider using a strap on your camera, since a camera can be easily dropped during a long day of shifting back and forth between taking photos and taking measurements or notes. If possible, use a camera with a time/date stamp setting showing when photographs were taken, since that feature will help you organize.

• Remember to charge the camera battery or, for cameras that use standard disposable batteries, have extra batteries on hand.

• Take “establishing shots” – that is, photographs that show what you are about to survey. Establishing shots help you to organize your photographs after the survey work is done for the day. If you are surveying the County Courthouse, the first photo you should take is an establishing shot showing an easily identifiable exterior view of the County Courthouse. Remember, establishing shots not only help you separate photographs of one building from another, they also help you separate photos of one room from another, otherwise, it may be difficult to separate photos of one courtroom from another. If the establishing shot does not include a sign with a room number or description, consider making a handwritten sign that you photograph. 

• Use the camera to take photos of everything measured for accessibility so you can easily determine the exact location of features that may need to be modified. 

• Consider taking additional photos of the digital level showing slope and cross slope measurements of walkways and ramps as well as photos showing exactly where the digital level was placed. This survey technique will help to resolve questions that may arise about how and where measurements were taken and whether information recorded on survey forms is accurate.

• Keep a log of each photograph taken. After all, the drinking fountains on one floor of a facility will often look very similar to the drinking fountains on every other floor. 

• At the end of your survey day, either print out your photos and label them carefully or create a detailed photo log while reviewing the photos on a computer. Remember to stop surveying early enough so you have time to organize and label your photos.

Whenever possible, include your measuring tape in your photographs. A good photograph showing the tape measure being used to measure the accessibility of a feature such as a door is an excellent way of documenting ADA compliance as well as accessibility problems that need to be addressed. Photographs of this kind can also assist project managers and facilities and maintenance personnel in understanding exactly how a feature needs to be modified to provide accessibility.

4. Pressure Gauge

Many people with disabilities have limitations on the amount of force they can exert to open a door or operate a device that requires pushing or pulling. In general, if the operation of a door, a faucet, or other device requires more than 5 pounds of force, it is not accessible to many people with disabilities.

To ensure that doors and mechanical devices are not barriers to accessibility, you need to measure the force required to operate them. The device used to make this measurement is called a pressure gauge. A pressure gauge can be manual or electronic. Either one will work as long as it is periodically checked for proper calibration in accordance with the manufacturer’s instructions. The survey instructions provided in Appendix 1 will explain how to use the pressure gauge to measure the force needed to operate specific elements.

5. Other Helpful Tools

Many surveyors find other tools helpful, such as a clipboard to hold survey forms, a binder to hold survey instructions, a tabbed accordion folder to hold copies of survey forms, a rolling bag to hold survey equipment and forms, and a highlighter pen to identify barriers on completed survey forms.