ADA Readily Achievable Determinations_1st Reading
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: ADA Readily Achievable Determinations
DATE: October 23, 2012
Dubuque
All- America City
2012
Building Services Manager Rich Russell recommends City Council approval of an
update to the City's Accessibility Code to clarify how the readily achievable standards is
determined and provide for the use of alternative methods of reasonable
accommodations in the event that the barrier removal is not readily achievable.
The policy for determination of readily achievable includes a maximum out -of- pocket
expense of $500 per property. The actual cost of the project could be more than $500,
with the cost in excess of $500 being avoided by a 50% Federal Tax Credit and /or a
50% City ADA grant.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Rich Russell, Building Services Manager
THE CITY OF
Dui
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Rich Russell, Building Services Manager
DATE: October 16, 2013
SUBJECT: ADA Readily Achievable Determinations
Dubuque
Seal
All- America City
11111
2007
INTROD UCTION
This memo transmits a request to update city's Accessibility Code that will clarify how the readily achievable standard is
determined. This amendment would also provide for the use of akernative methods or reasonable accommodations in the event
that barrier removal is not readily achievable.
BACKGROUND
The City began the enforcement of the locally- adopted Americans With Disabilities Act in January 2009. The program began after
the City Council at that time had made accessibility a priority.
As a result of the enforcement efforts and property owner cooperation, nearly 400 business are now compliant with accessibility
requirements. Some of these property owners have expressed a concern about the cost of barrier removal.
DISCUSSION
Several meetings were held with members of the Legal, Building Services and City Manager's office to discuss options for
application of the readily achievable portion of the current ordinance.
The attached ordinance gives the City Manager the authority to determine whether a project is readily achievable.
The attached policy for determination of readily achievable includes a maximum out -of- pocket expense of $500 per property. The
actual cost of the project could be more than $500, with the cost in excess of $500 being avoided by a 50% federal tax credit
and/or a 50% City ADA grant.
RECOMMENDATION
Adoption of the ordinance and policy.
PROJECT COST - BUDGET IMPACT
None
ACTION TO BE TAKEN
Adoption of the ordinance and policy.
Prepared by:
Memo by Rich Russell, Building Services Manager
Ordinance and Policy by Crenna Bruwell, Assistant City Attorney
cc:
Crenna Brumwell, Assistant City Attorney
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589 -4381
ORDINANCE NO. 12
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE I ACCESSIBILITY
CODE FOR READILY ACHIEVABLE CHANGES, SECTION 14 -11 -3 REMOVAL OF
ARCHITECTURAL BARRIERS IF READILY ACHIEVABLE BY ADDING LANGUAGE
TO CLARIFY THAT THE DETERMINATION OF READILY ACHIEVABLE WITHIN
THE CITY OF DUBUQUE WILL BE MADE BY THE CITY MANAGER
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 14 -11 -3 of the City of Dubuque Code of Ordinances is
amended to read as follows:
14 -11 -3: REMOVAL OF ARCHITECTURAL BARRIERS IF READILY ACHIEVABLE:
A. Removal Required: It shall be a violation of this article for an owner of a public
accommodation to fail to remove architectural barriers, and communication barriers that
are structural in nature, in any public accommodation, where such removal is readily
achievable, as determined by the city manager. The phrase "readily achievable" shall
have the meaning set forth under the Americans with Disabilities Act of 1990 (42 USC
12182), as amended, and any implementing regulations.
B. Availability Through Alternative Methods: Where an owner can demonstrate that
the removal of a barrier under subsection A of this section is not readily achievable, an
owner shall nonetheless be required to make existing facilities available through
alternative methods if such methods are readily achievable, as determined by the city
manager.
Section 2. This Ordinance takes effect upon publication.
Passed, approved and adopted the day of 2012.
Roy D. Buol, Mayor
Attest:
Kevin S. Firnstahl, City Clerk
EFFECT OF AMENDMENT
14 -11 -3: REMOVAL OF ARCHITECTURAL BARRIERS IF READILY ACHIEVABLE:
A. Removal Required: It shall be a violation of this article for an owner of a public
accommodation to fail to remove architectural barriers, and communication barriers that
are structural in nature, in any public accommodation, where such removal is readily
achievable, as determined by the city manager. The phrase "readily achievable" shall
have the meaning set forth under the Americans with Ddisabilities Aact of 1990 (42
USC 12182), as amended, and any implementing regulations.
B. Availability Through Alternative Methods: Where an owner can demonstrate that
the removal of a barrier under subsection A of this section is not readily achievable, an
owner shall nonetheless be required to make existing facilities available through
alternative methods if such methods are readily achievable, as determined by the city
manager.
Readily Achievable Barrier Removal
Expense Threshold and Alternatives
1. Readily achievable means that the cost to remove architectural and
communication barriers that are structural in nature does not exceed a five
hundred dollar ($500) out of pocket for a property and /or business owner
taking into consideration tax credits and available grant funding.
2. Where the cost of removing barriers to accessibility exceeds a five hundred
dollar ($500) out of pocket expense for a property and /or business owner,
taking into consideration tax credits and available grant funding, the
property and /or business owner shall work with the Building Official to
prioritize barrier removal up to the five hundred dollar ($500) out of
pocket threshold.
3. Where the barrier removal expense threshold is exceeded the property
and /or business owner shall work with the Building Official to develop a
written plan to make existing facilities available to persons with disabilities
through alternative methods.
4. The Building Official cannot waive compliance with the Americans with
Disabilities Act of 1990.
Page 1 of 1
Kevin Firnstahl - Update to City's Accessibility Code
From:
To:
Date:
Subject:
CC:
Attachments:
Katrina Wilberding < katrina( c)proudlyaccessibledubuque.com>
David Resnick <dresnick @cityofdubuque.org >, Karla Braig
<kbraig(a,cityofd...
11/5/2012 4:31 PM
Update to City's Accessibility Code
Mike Van Milligen <ctymgr @cityofdubuque.org >, Cindy Steinhauser
<csteinh...
pastedGraphic.pdf
Dear Mayor Buol, City Council, City Manager and City Staff.
Proudly Accessible Dubuque applauds the efforts to clarify the readily achievable standards in the City's Accessibility Code.
But we have a few concerns:
-A set dollar limit for expenditure by a business does not take into consideration the vast differences in assets of our local
businesses and is markedly different from the federal definition of readily achievable. Could this add further confusion?
-The city ADA Grant is only available in the Downtown Urban Renewal District. What will businesses in other areas of the city
do?
-Will there be any recourse for businesses who have already been required to spend more than $500 under this ordinance?
Proudly Accessible Dubuque is always pleased to work with both the City and
businesses about accessibility issues. I was surprised to find out about the ADA Action Item on tonight's City
Council agenda by reading today's Tx. We offer our input in ongoing conversations to further clarify
this topic.
Katrina Wilberding
Founding Director
Proudly Accessible Dubuque
563- 580 -7357 cell
ProudlyAccessi ble Dubuaue.cam
file :///C : / Users /kfirnsta /AppData /Local /Temp/XPgrpwise /5097E9D 1 DBQ_... 11/5/2012