ADA Compliance: Local Parks (P128701)

  • Category: M-NCPPC
  • Sub Category: Development
  • Administering Agency: M-NCPPC (AAGE13)
  • Planning Area: Countywide
  • Date Last Modified: 3/6/14
  • Required Adequate Public Facility: No
  • Relocation Impact: None
  • Status: Ongoing

EXPENDITURE SCHEDULE ($000s) 

FUNDING SCHEDULE ($000s)

Description

This program provides for an on-going comprehensive effort to ensure that all parks and park facilities are built and maintained in compliance with Title II of the Americans with Disabilities Act (ADA) and the ADA Accessibility Guidelines (ADAAG) standards. This program includes both the correction of deficiencies identified by the United States Department of Justice (DOJ) during its proactive Project Civic Access (PCA) assessment of 19 local park facilities, as well as efforts to comply with the revisions to Title II of the ADA, which went into effect on March 15, 2011. This program also includes policy development and advanced technical training for Department of Parks' architects, landscape architects, engineers, construction managers, inspectors, and other staff to ensure that ADA compliance and accessibility are incorporated throughout the park system's planning, design and construction processes in order to ensure that parks and park facilities comply with the new revisions to Title II of the ADA. The new Title II requirements include revisions to the existing 1991 ADAAG and additional standards for facilities not addressed in the 1991 ADAAG including swimming pools, recreational facilities, and playgrounds which collectively is now known as the 2010 ADA Standards for Accessible Design.

Cost Change

Increase due to additional funding required through FY20 for transition plan and necessary retrofits per ADA mandate and the addition of FY19 and FY20 to this ongoing project

Justification 

Montgomery County was selected by the DOJ for a Project Civic Access (PCA) review in 2006. PCA is a proactive, ongoing initiative of the Disability Rights Section (DRS) of the DOJ Civil Rights Division to ensure ADA compliance in local and state governments throughout the country. DOJ has inspected over 112 County facilities, including 19 local parks that fall under the M-NCPPC's jurisdiction. Montgomery County and M-NCPPC entered into a settlement agreement with DOJ on August 16, 2011, that requires the County and M-NCPPC to remediate problems identified by DOJ within a negotiated timeline and place assurances for self-assessing and remediation for the future, including efforts to comply with the new Title II requirements. The agreement further stipulates that M-NCPPC must perform selfevaluations of all parks within its system at the approximate rate of 20% per year. Upon completion of the self-evaluations, M-NCPPC must also submit a final transition plan by August 2016. The transition plan provides a summary of all barriers found, a strategy and timeline for their removal, as well as planning level cost estimates for barrier removal. As of August 2013, self-evaluations have been completed on approximately 45% of the park system. These evaluations report that approximately 14,000 barriers have been identified with a projected planning level cost estimate of $18-20 million dollars for barrier removal. It is estimated that the final totals will be approximately double the figures mentioned. The estimates indicate that a significant increase in the level-of-effort will be required to comply with the requirements of Title II and the settlement agreement.

Disclosures

Expenditures will continue indefinitely

Coordination

United States Department of Justice, County Attorney's Office, Department of General Services, ADA Compliance: Non-Local Parks, PDF 128702