4.23 Bathrooms, Bathing Facilities, and Shower Rooms..... 4.24 Sinks.... 4.25 Storage 4.26 Handrails, Grab Bars, and Tub and Shower Seats 4.27 Controls and Operating Mechanisms 4.28 Alarms..................... 4.29 Detectable Warnings. 4.30 Signage.... 4.31 Telephones 4.32 Fixed or Built-in Seating and Tables 4.33 Assembly Areas ..... 4.34 Automated Teller Machines. 4.35 Dressing and Fitting Rooms 5. RESTAURANTS AND CAFETERIAS. 6. MEDICAL CARE FACILITIES 7. BUSINESS AND MERCANTILE. 8. LIBRARIES 9. ACCESSIBLE TRANSIENT LODGING.. 10. TRANSPORTATION FACILITIES APPENDIX of persons anticipated to use its paratransit service. Each entity shall develop contacts, mailing lists and other appropriate means for notification of opportunities to participate in the development of the paratransit plan; (2) Consultation with individuals with disabilities. Each entity shall contact individuals with disabilities and groups representing them in the community. Consultation shall begin at an early stage in the plan development and should involve persons with disabilities in all phases of plan development. All documents and other information concerning the planning procedure and the provision of service shall be available, upon request, to members of the public, except where disclosure would be an unwarranted invasion of personal pri vacy; (3) Opportunity for public comment. The submitting entity shall make its plan available for review before the plan is finalized. In making the plan available for public review, the entity shall ensure that the plan is available upon request in accessible formats; (4) Public hearing. The entity shall sponsor at a minimum one public hearing and shall provide adequate notice of the hearing, including advertisement in appropriate media, such as newspapers of general and special interest circulation and radio announcements; and (5) Special requirements. If the entity intends to phase-in its paratransit service over a multi-year period, or request a waiver based on undue financial burden, the public hearing shall afford the opportunity for interested citizens to express their views concerning the phase-in, the request, and which service criteria may be delayed in implementation. (c) Ongoing requirement. The entity shall create an ongoing mechanism for the participation of individuals with disabilities in the continued development and assessment of services to persons with disabilities. This includes, but is not limited to, the development of the initial plan, any request for an undue financial burden waiver, and each annual submission. $37.139 Plan contents. Each plan shall contain the following information: (a) Identification of the entity or entities submitting the plan, specifying for each (1) Name and address; and (2) Contact person for the plan, with telephone number and facsimile telephone number (FAX), if applicable. (b) A description of the fixed route system as of January 26, 1992 (or subsequent year for annual updates), including (1) A description of the service area, route structure, days and hours of service, fare structure, and population served. This includes maps and tables, if appropriate; (2) The total number of vehicles (bus, van, or rail) operated in fixed route service (including contracted service), and percentage of accessible vehicles and percentage of routes accessible to and usable by persons with disabilities, including persons who use wheelchairs; (3) Any other information about the fixed route service that is relevant to establishing the basis for comparability of fixed route and paratransit service. (c) A description of existing paratransit services, including: (1) An inventory of service provided by the public entity submitting the plan; (2) An inventory of service provided by other agencies or organizations, which may in whole or in part be used to meet the requirement for complementary paratransit service; and (3) A description of the available paratransit services in paragraphs (c)(2) and (c)(3) of this section as they relate to the service criteria described in §37.131 of this part of service area, response time, fares, restrictions on trip purpose, hours and days of service, and capacity constraints; and to the requirements of ADA paratransit eligibility. (d) A description of the plan to provide comparable paratransit, including: (1) An estimate of demand for comparable paratransit service by ADA eligible individuals and a brief description of the demand estimation methodology used; (2) An analysis of differences between the paratransit service currently provided and what is required under this part by the entity(ies) submitting the plan and other entities, as described in paragraph (c) of this section; (3) A brief description of planned modifications to existing paratransit and fixed route service and the new paratransit service planned to comply with the ADA paratransit service criteria; (4) A description of the planned comparable paratransit service as it relates to each of the service criteria described in §37.131 of this part-service area, absence of restrictions or priorities based on trip purpose, response time, fares, hours and days of service, and lack of capacity constraints. If the paratransit plan is to be phased in, this paragraph shall be coordinated with the information being provided in paragraphs (d)(5) and (d)(6) of this paragraph; (5) A timetable for implementing comparable paratransit service, with a specific date indicating when the planned service will be completely operational. In no case may full implementation be completed later than January 26, 1997. The plan shall include milestones for implementing phases of the plan, with progress that can be objectively measured yearly; (6) A budget for comparable paratransit service, including capital and operating expenditures over five years. (e) A description of the process used to certify individuals with disabilities as ADA paratransit eligible. At a minimum, this must include (1) A description of the application and certification process, including (i) The availability of information about the process and application materials inaccessible formats; (ii) The process for determining eligibility according to the provisions of $$ 37.123-37.125 of this part and notifying individuals of the determination made; (iii) The entity's system and timetable for processing applications and allowing presumptive eligibility; and (iv) The documentation given to eligible individuals. (2) A description of the administrative appeals process for individuals denied eligibility. (3) A policy for visitors, consistent with §37.127 of this part. (f) Description of the public participation process including (1) Notice given of opportunity for public comment, the date(s) of completed public hearing(s), availability of the plan in accessible formats, outreach efforts, and consultation with persons with disabilities. (2) A summary of significant issues raised during the public comment period, along with a response to significant comments and discussion of how the issues were resolved. (g) Efforts to coordinate service with other entities subject to the complementary paratransit requirements of this part which have overlapping or contiguous service areas or jurisdictions. (h) The following endorsements or certifications: (1) A resolution adopted by the board of the entity authorizing the plan, as submitted. If more than one entity is submitting the plan there must be an authorizing resolution from each board. If the entity does not function with a board, a statement shall be submitted by the entity's chief executive; (2) In urbanized areas, certification by the Metropolitan Planning Organization (MPO) that it has reviewed the plan and that the plan is in conformance with the transportation plan developed under the Federal Transit/Federal Highway Administration joint planning regulation (49 CFR part 613 and 23 CFR part 450). In a service area which is covered by more than one MPO, each applicable MPO shall certify conformity of the entity's plan. The provisions of this paragraph do not apply to non-FTA recipients; (3) A certification that the survey of existing paratransit service was conducted as required in §37.137(a) of this part; (4) To the extent service provided by other entities is included in the entity's plan for comparable paratransit service, the entity must certify that: (i) ADA paratransit eligible individuals have access to the service; (ii) The service is provided in the manner represented; and 1. PURPOSE. This document sets guidelines for accessibility to buildings and facilities by individuals with disabilities under the Americans with Disabili ties Act (ADA) of 1990. These guidelines are to be applied during the design, construction, and alteration of buildings and facilities covered by Titles II and III of the ADA to the extent required by regulations issued by Federal agencies. including the Department of Justice and the Department of Transportation, under the ADA. The technical specifications 4.2 through 4.35, of these guidelines are the same as those of the American National Standard Institute's document A117.1-1980, except as noted in this text by italics. However, sections 4.1.1 through 4.1.7 and sections 5 through 10 are different from ANSI A117.1 in their entirety and are printed in standard type. The illustrations and text of ANSI A117.1 are reproduced with permission from the American National Standards Institute. Copies of the standard may be purchased from the American National Standards Institute at 1430 Broadway. New York, New York 10018. 2. GENERAL. 2.1 Provisions for Adults. The specifications in these guidelines are based upon adult dimensions and anthropometrics. 2.2* Equivalent Facilitation. Departures from particular technical and scoping requirements of this guideline by the use of other designs and technologies are permitted where the alternative designs and technologies used will provide substantially equivalent or greater access to and usability of the facility. 3. MISCELLANEOUS INSTRUCTIONS AND DEFINITIONS. 3.1 Graphic Conventions. Graphic conventions are shown in Table 1. Dimensions that are not marked minimum or maximum are absolute, unless otherwise indicated in the text or captions. |