CHAPTER 3: OTHER ADMINISTRATIVE REGULATIONS

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SUBSECTION 4.3.10.1
HEARING, CONVENTIONS, CONFERENCES, MEETINGS AND FORMAL TRAINING SESSIONS

4.3.10.1.1

Background

Effective Date:

March 1, 1996

Title II of the Americans with Disabilities Act of 1990 generally became effective for public entities such as the state of Washington on January 26, 1992. On February 24, 1993, the Governor signed Executive Order 93-03, specifically implementing the Americans with Disabilities Act for the state of Washington.

The Act, commonly referred to as the "ADA," makes it unlawful to discriminate against individuals on the basis of disability in the employment, services, programs, or activities of the state. The ADA extends the prohibition of discrimination on the basis of disability, established by Section 504 of the Federal Rehabilitation Act of 1973, as amended, to all state and local governments and all places of public accommodation, regardless of receipt of federal financial assistance. By law, the US Department of Justice's Title II regulations adopt the general prohibitions of discrimination established under Section 504 and incorporate specific prohibitions of discrimination from the ADA.

4.3.10.1.2

Purpose

Effective Date:

March 1, 1996

The purpose of this section is to ensure that state agencies including public institutions of higher education, conduct hearings, conventions, conferences, meetings, and formal training sessions in barrier-free facilities so that individuals with disabilities are not excluded from participation or hindered in performing their jobs.

4.3.10.1.3

Applicability

Effective Date:

March 1, 1996

These regulations apply to all hearings, conventions, conferences, meetings, and formal training sessions held or sponsored by state agencies, and are to be followed except when the specific audience is known and the attendees do not require barrier-free facilities. Normally, this exception would only apply to closed meetings and not public events.

4.3.10.1.4

Choosing Barrier-Free Facilities for Hearings, Conventions, Conferences, Meetings, and Formal Training Sessions

Effective Date:

March 1, 1996

4.3.10.1.4.a

State agencies are to give first priority to state-owned or state-leased barrier-free facilities in place of renting or leasing other facilities. To assist state agencies in selecting such locations, the Department of General Administration has developed a data base of state-owned and state-leased meeting facilities that are barrier-free and can accommodate ten or more people. The system is called the FAX on Demand Accessibility Information System and can be accessed by telephoning (360) 664-2444.

4.3.10.1.4.b

When a hearing, convention, conference, meeting, or formal training session is held or sponsored by a state agency(ies) at a non-state facility, whether free or at a cost to the state:

The employee responsible for choosing the facility is to submit a written request in advance of the event to the state agency head or authorized designee.

The request is to contain written justification for selecting a non-state facility.

Approval of the site by the state agency head or authorized designee is to be in writing.

4.3.10.1.5

Procedure for Contracting for a Barrier-Free, Non-State Facility

Effective Date:

March 1, 1996

When contracting for a barrier-free, non-state facility for hearings, conventions, conferences, meetings, or formal training sessions, the representative of a state agency is to ensure compliance with the following procedures:

4.3.10.1.5.a

An Accessible Meeting Facility Checklist is to be used to help evaluate a non-state facility for ADA compliance prior to executing a contract with a facility vendor. Such a checklist is contained in the Accessible Meetings in Washington State Planning and Resource Guide, prepared by the Governor's Committee on Disability Issues and Employment. A copy may be obtained from the Governor's Committee by calling:

Olympia: (360) 438-3168 (voice), or (360) 438-3167 (TDD)
Spokane: (509) 533-2149 (voice), or (509) 533-2072 (TDD)

4.3.10.1.5.b

Use of the checklist will provide reasonable, although not absolute, assurance that the facility will meet ADA accessibility standards. Additional accommodations not included in the checklist may be needed in some instances to ensure barrier-free access to the services, programs, or activities being provided.

4.3.10.1.5.c
A copy of the Accessible Meeting Facility Checklist is to be attached to the procurement document (field order, contract, etc.) provided to the vendor and is to be completed by the vendor unless a current completed checklist for the facility is already on file with the state agency.

4.3.10.1.5.d
A list of the minimum accessibility requirements (see Section 4.3.10.1.6 -- Criteria to Meet Minimum Accessibility Requirements) is also to be provided to the vendor. The facility selected for the hearing, convention, conference, meeting, or training session must, at a minimum, meet all of these requirements.

4.3.10.1.5.e

The procurement documents are to contain an acknowledgment from the vendor certifying the following:

The barrier-free non-state facility will meet the minimum accessibility requirements contained in Section 4.3.10.1.6 on the scheduled date(s) of the event.

When requested by the agency, the vendor will make special modifications to the non-state facility to meet ADA accessibility requirements for a particular event. Any agreement to provide special modifications may entail negotiation of additional costs payable by the contracting agency. Agreements for special modifications are to be written and signed by a state agency representative and the non-state facility vendor prior to the event being held.

The vendor is solely responsible to ensure that the non-state facility meets the minimum accessibility requirements contained in these regulations, and that any special modifications to the non-state facility are completed for the event. The vendor shall indemnify and hold harmless the contracting state agency from any claims resulting from the vendor’s failure to meet the minimum accessibility requirements.

4.3.10.1.5.f

The non-state facility vendor is to attach a signed ADA certification statement and a completed Accessible Meeting Facility Checklist to the invoice being submitted to the state agency for payment. The ADA certification statement is to read: "To the best of (vendor's name) knowledge, the facilities provided to the (state agency's name) on (date or dates) met all of the minimum accessibility requirements (and any special modifications to the facilities included in the contract)." It is not necessary for the vendor to attach a completed copy of the Accessible Meeting Facility Checklist to the invoice, if the agency has a current copy of it on file and references the checklist and the date of completion on the face of the invoice.

4.3.10.1.5.g

A signed ADA certification statement is to be attached to the state agency's receiving report.

4.3.10.1.5.h

The representative of a state agency who signs the receiving report is to prepare and attach a statement indicating that to the best of the representative's knowledge the non-state facility met, or did not meet, all of the minimum accessibility requirements (and any special modifications to the facilities included in the contract) on the date(s) of the hearing, convention, conference, meeting, or training session. If the facility did not meet the minimum accessibility requirements, a complete explanation of the failure(s) is to be included in the statement.

4.3.10.1.5.i

Documentation required to support reimbursement for use of a non-state facility is to include:

Field Order (or other equally effective purchase document).

Completed Accessible Meeting Facility Checklist.

Certification, to the best of the vendor's knowledge, that on the scheduled date(s) of the meeting the non-state facility met all provisions of the contract to include the minimum accessibility requirements contained in Section 4.3.10.1.6.

Receiving report with a statement by the agency that, to the best of the state representative's knowledge, the non-state facility did, or did not, meet the minimum accessibility requirements and other provisions of the contract.

4.3.10.1.5.j

Should a state agency obtain a receiving report with a statement by its representative indicating that the non-state facility did not meet ADA access criteria, the agency is authorized to deny payment to the vendor due to breach of contract.

4.3.10.1.5.k

The state agency should not contract for further use of the non-state facility until it assures itself that the non-state facility meets the minimum accessibility requirements contained in Section 4.3.10.1.6. Failure by a state agency(ies) to obtain such assurance could result in judicial action and the imposition of significant financial penalties.

4.3.10.1.6

Criteria to Meet Minimum Access Requirements

Effective Date:

March 1, 1996

The following criteria from the Accessible Meeting Facility Checklist are the minimum access requirements for conducting hearings, conventions, conferences, meetings, or formal training sessions:

4.3.10.1.6.a

Site and Building Exterior

If off-street parking is provided, the parking and passenger loading zone is to be on a level, stable, firm, slip resistant surface.

A ramp, curb-cut, or level walkway leads from the parking area to a primary entrance to the building.

Exterior walkways are free of vertical obstructions up to 80" in height.

All exterior ramps have a firm, non-slip surface.

A primary entrance to the building has an automatic door or a door that can be adjusted to 8.5 lb. pull-weight or less.

4.3.10.1.6.b

Building Interiors

Interior corridors from the primary entrance to the meeting room and restrooms have a clear width of 36" minimum.

All interior doors including elevator doors, restroom doors, and accessible toilet stalls between the primary entrance and meeting room have a minimum clear opening of 32".

4.3.10.1.6.c.

Meeting Rooms

If the facility has fixed seating, provide a minimum of 36" clear aisles throughout the meeting room area.

If the facility has fixed seating, provide spaces for wheelchairs in the meeting room area.

4.3.10.1.6.d

Restrooms

Accessible toilet stalls with a minimum dimension of 60" wide x 59" deep are to be provided.

Grab bars are to be installed 33" to 36" above and parallel to the floor on the back or to the side of the toilet.

4.3.10.1.7

Information, Complaints, and Enforcement

Effective Date:

March 1, 1996

4.3.10.1.7.a

Any individual or organization wanting information, regarding how to bring individual situations, issues, etc. into compliance with Title II of ADA and/or Executive Order 93-03, is encouraged to contact the Governor's Committee on Disability Issues and Employment at:

Governor's Committee on Disability Issues and Employment
PO Box 9046, MS: 6000
Olympia, WA 98507-9046
Phones:
Olympia: (360) 438-3168 (voice), or (360) 438-3167 (TDD)
Spokane: (509) 533-2149 (voice), or (509) 733-2072 (TDD)

4.3.10.1.7.b

Any individual believing to be a victim of discrimination prohibited by Title II ADA regulations may file a complaint. Complaints filed on behalf of classes of individuals are also permitted. Complaints should be in writing, signed by the complainant or an authorized representative, contain the complainant's name and address, and describe the public entity's alleged discriminatory action. Complaints may be made to:

Washington State Human Rights Commission
711 S Capitol Way, Suite 402
PO Box 42490, MS: 42490
Olympia, WA 98504-2490
Phones:
Olympia: (360) 753-6770 (voice/TDD)
Seattle: (206) 464-6500 (voice/TDD)
Spokane: (509) 456-4473 (voice/TDD)
Yakima: (509) 575-2772 (voice/TDD)
or
US Department of Justice
Office on the Americans with Disabilities Act
Civil Rights Division
PO Box 66118
Washington, DC 20035-6118
Phones:
(202) 514-0301 (voice), or (202) 514-0381 (TDD)

4.3.10.1.7.c

Private parties or individuals may bring lawsuits in state or federal courts to enforce their rights under Title II of the ADA.

4.3.10.1.8

Definitions

Effective Date:

March 1, 1996

4.3.10.1.8.a

Access - Physical accessibility, as well as the provision of appropriate accommodations to ensure use of programs by persons with disabilities.

4.3.10.1.8.b

ADA - An acronym for the Americans with Disabilities Act of 1990.

4.3.10.1.8.c

Agency - The Budget and Accounting Act (RCW 43.88.020) defines the term "Agency" to mean "Every state office, officer, each institution, whether educational, correctional or otherwise and every department, division, board and commission except as otherwise provided in this Act."

4.3.10.1.8.d

Non-state Facility - A facility, barrier-free or non barrier-free, owned and/or operated by an entity other than a state agency, including private for-profit organizations, not-for-profit organizations, and other public entities such as cities, counties, and junior or special taxing districts.

4.3.10.1.8.e

TDD - An acronym for Telecommunication Devices for the Deaf.

Return to CHAPTER 3: OTHER ADMINISTRATIVE REGULATIONS

4.3.10.1.4.a	State agencies are to give first priority to state-owned or state-leased barrier-free facilities in place of renting or leasing other facilities. To assist state agencies in selecting such locations, the Department of General Administration has developed a data base of state-owned and state-leased meeting facilities that are barrier-free and can accommodate ten or more people. The system is called the FAX on Demand Accessibility Information System and can be accessed by telephoning (360) 664-2444.
4.3.10.1.4.b	When a hearing, convention, conference, meeting, or formal training session is held or sponsored by a state agency(ies) at a non-state facility, whether free or at a cost to the state:
	The employee responsible for choosing the facility is to submit a written request in advance of the event to the state agency head or authorized designee.
	The request is to contain written justification for selecting a non-state facility.
	Approval of the site by the state agency head or authorized designee is to be in writing.

	When contracting for a barrier-free, non-state facility for hearings, conventions, conferences, meetings, or formal training sessions, the representative of a state agency is to ensure compliance with the following procedures:
4.3.10.1.5.a	An Accessible Meeting Facility Checklist is to be used to help evaluate a non-state facility for ADA compliance prior to executing a contract with a facility vendor. Such a checklist is contained in the Accessible Meetings in Washington State Planning and Resource Guide, prepared by the Governor's Committee on Disability Issues and Employment. A copy may be obtained from the Governor's Committee by calling: Olympia: (360) 438-3168 (voice), or (360) 438-3167 (TDD) Spokane: (509) 533-2149 (voice), or (509) 533-2072 (TDD)
4.3.10.1.5.b	Use of the checklist will provide reasonable, although not absolute, assurance that the facility will meet ADA accessibility standards. Additional accommodations not included in the checklist may be needed in some instances to ensure barrier-free access to the services, programs, or activities being provided.
4.3.10.1.5.c	A copy of the Accessible Meeting Facility Checklist is to be attached to the procurement document (field order, contract, etc.) provided to the vendor and is to be completed by the vendor unless a current completed checklist for the facility is already on file with the state agency.
4.3.10.1.5.d	A list of the minimum accessibility requirements (see Section 4.3.10.1.6 -- Criteria to Meet Minimum Accessibility Requirements) is also to be provided to the vendor. The facility selected for the hearing, convention, conference, meeting, or training session must, at a minimum, meet all of these requirements.
4.3.10.1.5.e	The procurement documents are to contain an acknowledgment from the vendor certifying the following:
	The barrier-free non-state facility will meet the minimum accessibility requirements contained in Section 4.3.10.1.6 on the scheduled date(s) of the event.
	When requested by the agency, the vendor will make special modifications to the non-state facility to meet ADA accessibility requirements for a particular event. Any agreement to provide special modifications may entail negotiation of additional costs payable by the contracting agency. Agreements for special modifications are to be written and signed by a state agency representative and the non-state facility vendor prior to the event being held.
	The vendor is solely responsible to ensure that the non-state facility meets the minimum accessibility requirements contained in these regulations, and that any special modifications to the non-state facility are completed for the event. The vendor shall indemnify and hold harmless the contracting state agency from any claims resulting from the vendor’s failure to meet the minimum accessibility requirements.
4.3.10.1.5.f	The non-state facility vendor is to attach a signed ADA certification statement and a completed Accessible Meeting Facility Checklist to the invoice being submitted to the state agency for payment. The ADA certification statement is to read: "To the best of (vendor's name) knowledge, the facilities provided to the (state agency's name) on (date or dates) met all of the minimum accessibility requirements (and any special modifications to the facilities included in the contract)." It is not necessary for the vendor to attach a completed copy of the Accessible Meeting Facility Checklist to the invoice, if the agency has a current copy of it on file and references the checklist and the date of completion on the face of the invoice.
4.3.10.1.5.g	A signed ADA certification statement is to be attached to the state agency's receiving report.
4.3.10.1.5.h	The representative of a state agency who signs the receiving report is to prepare and attach a statement indicating that to the best of the representative's knowledge the non-state facility met, or did not meet, all of the minimum accessibility requirements (and any special modifications to the facilities included in the contract) on the date(s) of the hearing, convention, conference, meeting, or training session. If the facility did not meet the minimum accessibility requirements, a complete explanation of the failure(s) is to be included in the statement.
4.3.10.1.5.i	Documentation required to support reimbursement for use of a non-state facility is to include:
	Field Order (or other equally effective purchase document).
	Completed Accessible Meeting Facility Checklist.
	Certification, to the best of the vendor's knowledge, that on the scheduled date(s) of the meeting the non-state facility met all provisions of the contract to include the minimum accessibility requirements contained in Section 4.3.10.1.6.
	Receiving report with a statement by the agency that, to the best of the state representative's knowledge, the non-state facility did, or did not, meet the minimum accessibility requirements and other provisions of the contract.
4.3.10.1.5.j	Should a state agency obtain a receiving report with a statement by its representative indicating that the non-state facility did not meet ADA access criteria, the agency is authorized to deny payment to the vendor due to breach of contract.
4.3.10.1.5.k	The state agency should not contract for further use of the non-state facility until it assures itself that the non-state facility meets the minimum accessibility requirements contained in Section 4.3.10.1.6. Failure by a state agency(ies) to obtain such assurance could result in judicial action and the imposition of significant financial penalties.

	The following criteria from the Accessible Meeting Facility Checklist are the minimum access requirements for conducting hearings, conventions, conferences, meetings, or formal training sessions:
4.3.10.1.6.a	Site and Building Exterior
	If off-street parking is provided, the parking and passenger loading zone is to be on a level, stable, firm, slip resistant surface.
	A ramp, curb-cut, or level walkway leads from the parking area to a primary entrance to the building.
	Exterior walkways are free of vertical obstructions up to 80" in height.
	All exterior ramps have a firm, non-slip surface.
	A primary entrance to the building has an automatic door or a door that can be adjusted to 8.5 lb. pull-weight or less.
4.3.10.1.6.b	Building Interiors
	Interior corridors from the primary entrance to the meeting room and restrooms have a clear width of 36" minimum.
	All interior doors including elevator doors, restroom doors, and accessible toilet stalls between the primary entrance and meeting room have a minimum clear opening of 32".
4.3.10.1.6.c.	Meeting Rooms
	If the facility has fixed seating, provide a minimum of 36" clear aisles throughout the meeting room area.
	If the facility has fixed seating, provide spaces for wheelchairs in the meeting room area.
4.3.10.1.6.d	Restrooms
	Accessible toilet stalls with a minimum dimension of 60" wide x 59" deep are to be provided.
	Grab bars are to be installed 33" to 36" above and parallel to the floor on the back or to the side of the toilet.

4.3.10.1.7.a	Any individual or organization wanting information, regarding how to bring individual situations, issues, etc. into compliance with Title II of ADA and/or Executive Order 93-03, is encouraged to contact the Governor's Committee on Disability Issues and Employment at:
	Governor's Committee on Disability Issues and Employment PO Box 9046, MS: 6000 Olympia, WA 98507-9046 Phones: Olympia: (360) 438-3168 (voice), or (360) 438-3167 (TDD) Spokane: (509) 533-2149 (voice), or (509) 733-2072 (TDD)
4.3.10.1.7.b	Any individual believing to be a victim of discrimination prohibited by Title II ADA regulations may file a complaint. Complaints filed on behalf of classes of individuals are also permitted. Complaints should be in writing, signed by the complainant or an authorized representative, contain the complainant's name and address, and describe the public entity's alleged discriminatory action. Complaints may be made to:
	Washington State Human Rights Commission 711 S Capitol Way, Suite 402 PO Box 42490, MS: 42490 Olympia, WA 98504-2490 Phones: Olympia: (360) 753-6770 (voice/TDD) Seattle: (206) 464-6500 (voice/TDD) Spokane: (509) 456-4473 (voice/TDD) Yakima: (509) 575-2772 (voice/TDD) or US Department of Justice Office on the Americans with Disabilities Act Civil Rights Division PO Box 66118 Washington, DC 20035-6118 Phones: (202) 514-0301 (voice), or (202) 514-0381 (TDD)

4.3.10.1.8.a	Access - Physical accessibility, as well as the provision of appropriate accommodations to ensure use of programs by persons with disabilities.
4.3.10.1.8.b	ADA - An acronym for the Americans with Disabilities Act of 1990.
4.3.10.1.8.c	Agency - The Budget and Accounting Act (RCW 43.88.020) defines the term "Agency" to mean "Every state office, officer, each institution, whether educational, correctional or otherwise and every department, division, board and commission except as otherwise provided in this Act."
4.3.10.1.8.d	Non-state Facility - A facility, barrier-free or non barrier-free, owned and/or operated by an entity other than a state agency, including private for-profit organizations, not-for-profit organizations, and other public entities such as cities, counties, and junior or special taxing districts.
4.3.10.1.8.e	TDD - An acronym for Telecommunication Devices for the Deaf.