9.4. SR 05-21-2018 - Laserfiche WebLink

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1 From:Jelen, Julie <jjelen@lmc.org> Sent:Wednesday, April 18, 2018 4:55 PM To:Sevcik, Tim Cc:Portner, Cal; Hecker, Michael Subject:Re: ADA Compliance - Dock/Fishing Pier Structures Hi Tim ‐ I ran this question by our Defense Attorney handling the city ADA cases. As set forth in more detail below, under Title II of the ADA, she does not agree with the stand alone advise that if the cost is excessive, the city can determine that it is not financially feasible and ADA compliance in not necessary. If it is a new fishing pier, she would want more information about the characteristics of the terrain and whether it would in fact be “structurally impracticable.” The city could face a lawsuit by the individuals that have been driving around bringing numerous lawsuits alleging ADA violations. There are very few defenses to a case where new construction is not ADA compliant. If there was a lawsuit against the city, it is possible that the city would ultimately need to make the fishing pier ADA complaint at that time and at that point defense costs would be incurred in an effort to defend the case. Ultimately, she would recommend postponing the project until funding is available for an ADA accessible fishing pier. Title II of the ADA, 28 CFR 35.151, and the 2004 ADAAG, 36 CFR part 1191, comprise what is referred to as the “2010 Standards” and applies “if physical construction or alterations commence on or after March 15, 2012”. A newly constructed fishing pier must be ADA compliant unless full compliance will be considered structurally impracticable. For example, full compliance may be structurally impracticable in a rare circumstance of unique characteristics of terrain (i.e a mountain). Here is a link to Title II of the ADA: https://www.ada.gov/regs2010/2010ADAStandards/2010ADAstandards.htm#titleII In regard to specific requirements of fishing piers, section 1005 of the 2004 ADAAG is the starting point. Section 1005 regarding fishing piers and platforms refers to section 1003 regarding recreational boating facilities as well as sections 403 and 405 of Chapter 4 regarding accessible routes and slope. Here is a link to the 2004 ADAAG: https://www.ada.gov/regs2010/2010ADAStandards/2010ADAstandards.htm#2004 There's a lot of ADA information out there, so I encourage you all to make sure it is following the requirements set forth by the ADAAG, as some of the measurements may be slightly different. Let me know if you have any questions. Sincerely,