ADA Readily Achievable InspectionsTHE CITY OF Dubuque
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DUB E ap-~~~
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Masterpiece on the Mississippi
2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: ADA Readily Achievable Inspections
DATE: December 28, 2009
ADA Inspector Gary Blosch is transmitting historical information on the City of
Dubuque's efforts regarding ADA Readily Achievable Inspections.
The City began the design of this program to gain compliance for public places in
Dubuque in 2006. The Proudly Accessible Dubuque and the Dubuque Area Chamber
of Commerce have assisted with the public education campaign.
After one year to gain compliance, most business have fully cooperated. The
enforcement component of this project will now commence.
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Katrina Wilberding, Director, Proudly Accessible Dubuque
Molly Grover, President and Chief Executive Officer, Dubuque Area Chamber of
Commerce
Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gary Blosch, ADA Inspector
Rich Russell, Building Services Manager
THE CITY OF Dubuque
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DUB E ~-,a~~-
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Masterpiece an the Mississippi
2007
To: Michael C. Van Milligan, City Manager
From: Gary Blosch, ADA Inspector
Subject: ADA Readily Achievable Inspections
Date: December 22, 2009
The Americans with Disabilities Act (ADA), was signed by President Bush on July 26,
1990. This landmark piece of legislation extended civil rights protection to people with
disabilities. The ADA prohibits discrimination on the basis of disability in employment,
state and local government services, public transportation, public accommodations,
commercial facilities, and telecommunications. On July 26, 1991 the Access Board
published its ADA Accessibility Guidelines for buildings and facilities (ADAAG). These
guidelines were amended and supplemented with provisions for transportation facilities
on September 6, 1991. ADAAG set rules and guidelines for new construction,
alterations of existing buildings or certain elements of that facility, and barrier removal in
existing buildings (Readily Achievable).
On August 26, 2006 the Dubuque City Council heard a report from the Human Rights
Commission that told of their efforts and attempts to educate businesses about the
Readily Achievable requirements of the ADA and their inability to get the businesses to
follow through on making the necessary changes to their facilities. This report
precipitated the council work session on August 20, 2006 which led to ADA enforcement
becoming a council priority. From the council's action a budget was set for the creation
of a program with an ordinance, and an ADA inspector. The ADA program was modeled
after the program in Joliet IL. Both of the programs are based on the Readily Achievable
portion of the ADA and its list of 21 items that are considered Readily Achievable. This
portion of the ADA laws is less stringent than those for new construction and alterations,
but still meets basic requirements for accessibility. Our inspection program is broken
into three tiers, of which each tier affords the business one year to become compliant
with any noted issues for that specific tier. After an inspection is completed a letter is
composed that describes any deficiency that is present at the business, and the specific
section of the ADA Code is included with any pictures or diagrams that will be helpful in
remedying the issues. We ask for a plan of action letter from the business for an
approximate time table on their Readily Achievable adjustments. At this time the
business can appeal any or all of the noted issues to Rich Russell for a determination of
how Readily Achievable the issues are. We allow a thirty day window for the return of
the plan of action letter. At the end of the thirty days we send out a certified letter asking
for the plan of action letter in seven business days.
As the ADA Inspector I review site plans, architectural plans, conduct Readily
Achievable inspections for existing businesses, occupancy inspections, field calls that
have questions or complaints about accessibility issues. I work closely with Proudly
Accessible Dubuque and the Human Rights Department. As of November 21, 2009
there have been 342 businesses inspected for Readily Achievable issues, of the 342
businesses 61 are compliant with all 3 tiers and 49 are compliant with the first tier.
There is still much work to do to achieve compliancy in our business community.
The following is the format that I use for the "Readily Achievable inspections.
ADA Inspection implementation under the City of Dubuque's Accessibility Code for
Readily Achievable Changes, Ordinance # 6-06.
We are prioritizing our inspections for compliancy under the ADA laws as follows:
1. Places of medical care, i.e.: hospitals, doctors offices, clinics
2. Places of dental care
3. Places of chiropractic care.
4. Grocery stores /bakeries
5. Financiallnstitutions
6. Hotels
7. Gas stations / C stores
8. Fast food /restaurants
9. Public parking /parking ramps
10. Shopping centers
11. Theaters /places of exhibition or entertainment
12. Anywhere that is open to the general public for their use.
All inspections are to be announced in advance for the accommodation of the business
that is being inspected, so as not to detract from their scheduled duties of the day. All of
the inspections will adhere to the 21 items as described in the Americans with
Disabilities Act for Removal of Barriers. The determination of who is inspected and in
what order is determined by phone book listings.. As of November 21, 2009 there have
been 342 businesses inspected for Readily Achievable issues, of the 342 businesses
61 are compliant with all 3 tiers and 49 are compliant with the first tier. There is still
much work to do to achieve compliancy in our business community.
Now that the businesses have had one year to accomplish the requirements of the first
tier and have failed to do so for whatever reason, we will be sending letters to those
businesses giving them a final chance to comply. We are extending an extra 30 days to
achieve compliancy. Failure to comply will result in the filing of a municipal infraction, as
the city would seek the assistance of the court system to gain compliance.
Please contact Rich Russell or me to further discuss the enforcement plan in more
detail, if necessary.
We are respectfully submitting this historical information as you have requested.
Gary Blosch
ADA Inspector
City of Dubuque Building Services