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07-19-05A regular meeting of the Hopkins City Council was held on July 19, 2005, in the Council Chambers of the Hopkins City Hall. • Present were Mayor Maxwell and Council Members Brausen, Thompson, Johnson, and Rowan. Also, present were staff members Getschow, Genellie, Stadler, Kerrigan, Harkess, and City Attorney Jerry Steiner. CALL TO ORDER Mayor Maxwell called the meeting to order at 7:30 p.m. II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS There were none. III. REPORTS -COMMITTEES/COMMISSIONS There were none. IV. PRESENTATION 1. Peoples Community Credit Union and SuperValu, Inc. Northern Region Donations Committee Claire Burruss and Rebekeh Fawcett, SuperValu North Regional Donations Committee, and Rosemarie Kuretich and Deborah Raisanen, People's Community Credit Union, along with several employees of the Credit Union presented checks to the Police Department. The donations were in the amount of $2150 from SuperValu and $2150 from the Credit Union. The Police Department will use the funds for the purchase of a forensic computer. V. CONSENT AGENDA 1. Minutes of July 5, 2005 City Council Meeting 2. Minutes of July 5, 2005 City Council Work Session 3. Minutes of July 12, 2005 City Council Work Session 4. Approve Miscellaneous Licenses 5. Appointment to Park Board (Memo) -Joshua Montgomery, Two-Year Term 6. Reappointments to Zoning and Planning Commission (Memo) - Jannina Aristy, Two-year Term -Jeffrey Paul, Two-year Term -Peter Sholtz, Two-year Term 7. Reappointment to Charter Commission (Memo) -Roger Johnson 8. Adopt Resolution Adopting the National Incident Management System (NIMS) (CR2005-088) ~9. Resolution of Support for Livable Communities Demonstration Account Application Marketplace and Mainstreet (CR2005-091) 10.Approve City/ISD 270 Current Lease Agreement Amendment (CE2005-093) 1 1.Authorize Execution of Depot Lease Agreement Between City/ISD 270 for FY 2005/2006 and 2007/2008 (CR2005-092) July 19, 2005 City Council Meeting Minutes Page 1 12.Approve Pavilion Construction Contract (CR2005-094) 13.Second Reading for Ordinance 2005-951 (Memo) 14.Award Bid 2005 Seal Coat Contract (CR2005-098) 15.Award of Bid, 2005 Sidewalk and alley Repair Project (CR2005-099) 16.Tax Forfeiture Property (CR2005-096) 17.Schedule a Special City Council Meeting for July 26 at 5:00 p.m. Council Member Thompson moved and Council Member Brausen seconded a motion to approve the Consent Agenda. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. VI. PUBLIC HEARING 1. TIF District 1-3 (Block 64) (CR2005-095) For the past several months, staff has been working with GPS Financial Group to undertake a redevelopment project on the block bounded by 5th and 6th Aves, north of Mainstreet and south of 1St STN (Block 64). The proposed project would consist of approximately 220 Condominium units and 8,800 square feet of retail space. Staff has also been working with The Cornerstone Group on a redevelopment project for the property north of Mainstreet between 6th and 8th Aves. TIF District 1-3 would encompass a number of parcels between 5th and 8th Aves. north and south of Mainstreet. On June 21, 2005, the City Council held a public hearing on this matter. The hearing was opened, comments were received, and the hearing was closed. Based on the public comment received, a second public hearing on the creation of the district has been scheduled for July 19. The proposed district would be a redevelopment district. A property inspection report was prepared by LHB with a determination that the subject area meets statutory qualifications for this type of district. LHB is attempting to schedule a reinspection of the Park Plaza property. The establishment of the district does not oblige the City or HRA to provide tax increment assistance. The Council, acting as HRA, will also need to take action on the creation of the district. The Zoning and Planning Commission found the project in compliance with the Comprehensive Plan and recommended approval. Mayor Maxwell opened the public hearing at 7:43 p.m. July 19, 2005 City Council Meeting Minutes Page 2 Brad Gunn, attorney for the owner of Hopkins Park Plaza, presented a letter and a report from Forum Architects and Consultants, Inc. Mr. Gunn reviewed the letter, which set forth the objections his client has to the creation of a TIF district and the use of TIF funds for this project. Dan O'Brian, Clutis and O'Brian, stated that Stewart Bestul, Frana and Sons, a Hopkins Construction Company, would be doing the construction for the proposed Rixmann/Spyder development. City Manager Rick Getschow explained the process, stating that staff and City Consultants would come back to the July 26th Special Council Meeting with answers to questions that were raised by Mr. Gunn. Council Member Johnson moved and Council Member Brausen seconded a motion to close the public hearing. The public hearing was closed by unanimous consent at 8:02 p.m. Council Member Johnson moved and Council Member Rowan seconded a motion to continue the item to July 26, 2005, 5:00 p.m. to consider Resolution 2005-055, modifying the redevelopment plan for Redevelopment Project 1 and establishing Tax Increment District 1-3 therein and adopting a tax increment financing plan therefore, subject to HRA approval of HRA Resolution 430. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. VII. NEW BUSINESS 1. Discussion of Status of Negotiations with GPS Development, re: Block 64 Project (Memo) GPS Development is proposing to undertake amixed-use redevelopment project on Block 64. Jim Kerrigan reviewed the project and stated that GPS is requesting tax increment assistance to make the project financially feasible. Mr. Kerrigan explained the process and reviewed a development agreement that has been negotiated between staff and GPS Development, LLC. Bob Deike of Bradley and Deike drafted the agreement. Mr. Deike came forward to answer questions about the agreement. Sid Inman, Ehlers and Associates, prepared a risk analysis as relates to the City's exposure based on the terms of the agreement. Mr. Inman came forward to answer questions about the report. Staff is requesting action on this item at the Special City Council Meeting to be scheduled on July 26, 2005 at 5:00 p.m. No action was taken. July 19, 2005 City Council Meeting Minutes Page 3 2. Second quarter Financial Report (Memo) Christine Harkess, Director of Finance, reviewed the second quarter financial report. No action was taken. 3. 2005/2006 Goals/Objectives (CR2005-097) City Manager Rick Getschow presented the goals and objectives for 2005 and 2006. Council Members complemented Mr. Getschow and staff for the work that has gone into developing the goals with the inclusion of the action items. Council Member Rowan moved and Council Member Brausen seconded a motion to adopt Resolution 2005-062, adopting the goals and objectives for the City of Hopkins for 2005-2006. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. Mayor Maxwell thanked everyone involved for another successful Raspberry Festival. VIII. ADJOURNMENT There being no further business, Council Member Brausen moved and Council Member Johnson seconded a motion to adjourn the meeting. The meeting was adjourned by unanimous consent at 9:15 p.m. Respectfully Submitted, erry Obe a er, City Clerk • ATTEST: ~ ey~~ Eugene . M xwell, Mayor July 19, 2005 City Council Meeting Minutes Page 4 LEONARD STREET e AND DEINARD July 19, 2005 HAND DELIVERED The Honorable Eugene Maxwell and Members of the City Council City of Hopkins City Hall 1010 First Street South Hopkins, MN 55343 Re: Block 64 Redevelopment Proposal LS&D File No. 18630.00010 Dear Mayor Maxwell and Councilmembers: 150 SOUTH FIFTH STREET SUITE 2300 MINNEAPOLIS, MINNESOTA 5$¢02 612-335-1500 MAIN 612-335-1657 FAx BRADLEY J. GUNN 612-335-1671 DIRECT BRADLEY.GUNN~a LEONARD.COM I am again writing on behalf of the owners of Hopkins Park Plaza to object to the proposed use of tax increment financing ("TIF") to subsidize GPS Financial Group's redevelopment proposal for Block 64. On June 21, 2005, we submitted to the City Council a letter and other materials in support of our objections to the use of TIF. On June 12, 2005, we submitted a second letter and additional materials relating to the Rixmann/Spyder Development proposals to redevelop Block 64 without the use of TIF. We now incorporate those previous submissions by reference and note our continuing objections to the use of TIF on the following grounds: • The GPS project fails the "but for" test in Minn. Stat. 5 because it, or something substantially equivalent to it, could be constructed without requiring the taxpayers to provide the developer with a TIF subsidy. • TIF funds maybe expended only on uses that are primarily for a public ~pos~ Walser Auto Sales, Inc. v. City of Richfield, 635 N.W.2d 391, • 399-400 (Minn. Ct. App. 2001), aff'd by equally divided court, 644 N.W.2d 425 (Minn. 2002). To the best of our knowledge, the City of LAW OFFICES IN MINNEAPOLIS SAINT PAUL, MANKATO~ SAINT CLOUD AND WASHINGTON, D.C. A Professional Association WWW.LEONARD.COM ~sluauzltuzuzoa aqI oI patiaullu a.tu suotltpuoa Iutim puu s~apuai auI a~u otim `os 3I ~stapuai uzo.t~ sluautltutuzoa iutauuu~ ~o aauapina uaas nod an~I-I ~Iaafo~d pasodo~d sIt ~anzasuoa uana oI ~uiauuu~ alunbapu puu SdJ Iuul~oo~d anuu ~Ii~ auI saoQ •~ ~slaafoad ~o sputa asatil ultra aauauadxa ou suu ~Clluaauddu SdJ uaum IuatudoianaQ aap~Cds/uuuuzxt2l .nano SdJ .tonu~ ~IT~ auI saop ~CUm `~Ci~uiiuzis •~ ~s~a~udxul s~~Cli~ auI I~auaq ~Ciluaz~ iiTm goitim `siusodoad IuautdoianaQ aap~ds/uuuuzxi~ auI ~uuapisuoa ui palsa.zaluiun os puu `stuiiop ~o suoiiiiut ~IT~ siul ~o s~a~Cudxul auI Isoa Iiim tjattim `iusodo~d SdJ auI ~utns.znd ut palsa~alut os uzaas ~CIt~ auI saop ~Cti11c1 'Z ~3I.I. ~o asn auI ~no~lznl palantlsuoa aq oI atam Iaafotd .zuituzis u ~t aq anuanaz Iuul ~o azuus s~~Ita auI pinom I~uM ~s~ua~ SZ Ixau auI nano SdrJ oI $ut~ud saludiailuu ~It~ auI Iuul ~Cpisgns 31Z auI ~o Iunouzu i~Iol auI si I~LIh1 ' i :smoiio~ su `s~ua~C SZ Ixau auI ~o~ sut~idol-I~o suazilta auI Iaa~~u iiim Iuul suotlsanb puu suotloafgo Iuultoduzt .zaulo iuaanas sastua iusodo~d SdJ auI `~Czu.~uoa auI o1, •sansst iu~ai asaul ulim pua Iou op 3I,L,Io asn auI oI suotlaafgo anp ~r ~ . ~~ •palu~ui ~Ciiuailstiua.zun C~ ~ ~ a~u slsoa aauutiduzoa apoo paluuztlsa s ~ gH'I Iuul sluautnaop .zaul.zn~ `Iaauspua~ds ~ut~uuduzoaau aril ut I.zud ui tilzo~ Ias su (Z) • ~ puu `aauutidutoa apoa ate puu aauutidutoa ~Cltitgissaoau ~o sansst aril oI Iaadsaa ultra ~i~uinatltud `•auI `gH'I ~q d2IH auk ao~ Palonpuoa sis~Ciuuu aril slipaaastp aau~tn~ (i) :Tool slaaltuaad uznao3 uzo~~ I.toda.z ~ ~utuaullu utu I `uotltppu uI •SOOZ `iZ aunf palup .zallai but ut paitulap suosua~ auI ~o~ «`p~upuulsgns ~iiu~~a~Is„ Iou a.zu Iaulsip pasodo.zd auI ut s utpimq a.za OS .nano asnuaaq ~Li'69~ § 'IuIS •uuil,~~o sluatua.~inba~ aril Iaauz Iou saop IaulstQ Iuautdoianapa2i 3I.L pasodoad auZ •uotstaap aasiuM aril ~q paambaa st Iu I s t aua alunud puu otignd o «sis iuuu antlu~uduzoa„ ~o put~i aril palaidutoa Iou sou sutxdol-I SOOZ `6I ~inf Z a~ud itauno~ ~II~ auk ~o s.zaqutay~ puu iiamxuy~ aua~ng aiqu~ouopl au.L • The Honorable Eugene Maxwell and Members of the City Council Page 3 July 19, 2005 5. Does the City know if GPS even intends to construct its proposed project, or if it is merely a "conduit" that intends to sell or assign or "flip" the project to some other developer? If you believe you have established a working relationship with GPS, will you add a nonassignability clause to the development agreement? 6. Has the City reviewed, and is it in agreement with, GPS's proposed development costs? How much is budgeted for tenant relocation costs?~ How much is budgeted for the condemnation of Hopkins Park Plaza? V . t~/" • 7. The whole GPS project is dependent on the City's (or the HRA's) ability to condemn Hopkins Park Plaza. Under Minnesota law, private /~.1` property may be condemned only when reasonably necessary, and only for a public purpose. Why do you believe that condemning Hopkins Park Plaza is necessary or that it serves a public purpose? 8. Why is the City Council planning to cut-off public comments at tonight's hearing, and then to keep the record open for the City's staff and consultants to speak-at either tonight's meeting or at the City Council meeting on July 26, orboth-without any opportunity for us to respond to what is said after you have cut us off? We fully expect the City's consultants to attempt to discredit the Rixmann/Spyder Development proposals, in order to advance GPS's proposal. Since that would cost the Hopkins' taxpayers millions of dollars, isn't it only fair to allow Rixmann/Spyder Development a fair opportunity to address and respond to whatever questions maybe raised concerning their development? In conclusion, I am inclined to believe that you have already made up your minds to move forward with the GPS proposal. What I cannot understand, however, is why you would believe that would be in the best interests of the citizens and taxpayers in the City of Hopkins. The Honorable Eugene Maxwell and Members of the City Council Page 4 July 19, 2005 Very truly yours, LEONARD, STREET AND DEINARD Professional Association By Bradley J. Gunn BJG:c1p:2635766(2) Attachment c: Wayne Rixmann Jan Susee Timothy T. Welch t i ~ - 't„ G~ P• ~.~~,~,', ARCHITECTS & CONSULTANTS, INC. June 30, 2005 Mr. Wayne Rixmann Rixmann Properties 181 River Ridge Circle South Burnsville, Minnesota 55337 RE: Hopkins Park Plaza Hopkins, Minnesota Project No.: 05092 Dear Mr. Rixmann: Forum Architects & Consultants, Inc. (Fa.t-~r~~) visited the site of the subject property on Friday, June 17, 200 and b~Vednesday, June 2~, 2005. The purpose of our visit was to visually survey the buildings and their surroundings so as to report on their general condition and to identify any items of deferred maintenance and noncompliance with the building code. Present at the time of our first visit and available for comment was the property owner. The information bein rovided to ou to the best of our knowled e, information :end belief is gP Y g ~ accurate and complete. Observations at the site and the following report were executed and completed by Mr. Ray R. Stoll, AIA, a registered and licensed architect in the State of Minnesota and Mr. Robert Pakola, a graduate architect and Minnesota licensed general contractor. Comments are based on field observations and interviews with management personnel. ,.~ This report is intended for the exclusive use of Rixmann Properties and their authorized representatives. Forum was directed to report on specific reported deficiencies that were identified by LHB Inc., ' an architectural engineering firm from Duluth, Minnesota. LHB Inc. produced an assessment ' report, dated 2/24/05 that has claimed that numerous items of existing construction are "structurally substandard" within the meaning of Minnesota Statute ~ 469.174, Subdivision ] 0. ~ We have been advised that, under this statute, a building is regarded as structurally substandard if it contains defects in structural elements or a combination of defects in specified categories ~ which are of sufficient total significance to justify substantial renovation or clearance of the j building is not structurally substandard if it is in compliance with the building code applicable to new buildings or could be modified to satisfy the building code at a cost of less than 15 percent of the building's replacement costs. In compiling our comparative analysis we have utilized Federal, State and Local documents that consist of the following (Attached): 10590 Wayzata Boulevard. Suite 260, Minnetonka, 1vlinnesota 5305 • (952) 544-6240 • (952) 544-6241 lax • inI'o4`c~,forumarchitects.net I S I lopkins Park Plaza. Hopkins. Muuicsota 050922005 Pace z Jnne z9, zoo; A. 2000 International Building Code (IBC) -Chapter 1, Section 102.6 - ~ EXHIBIT A B. Department of Justice Code of Regulations - 28 CFR Part 36 -ADA Standards for Accessible Design -Section 9. Accessible Transient Lodging -EXHIBIT B C. BOMA Checklist - Building Owners and Managers Association International ADA Checklist - Title III: Public Accommodation - EXHIBIT C Based on our observations we found that the buildings generally satisfy the requirements of the International Building Code. We believe that the Property has been properly maintained and is currently in good condition. The current occupancy group classification is R-2. Per the site plan dated January 13, 1998 (Theodore D. Kenma Surveyor, License No. 17006), the buildings at Hopkins Park Plaza ar•e located on two parcels. The LHB Inc. report stated that specific exterior walls of all garden style l-1/2 story buildings and the 517 Building need to be fire rated such that they conform to current IBC standards. It specifically states in the IBC, however, that buildings built prior to the adoption of the building code are permitted to continue without change (EXHIBIT A). The construction of the buildings at Hopkins Park Plaza are grandfathered, and therefore "satisfy" the code's requirements, under the original construction building code. Also, the City of Hopkins Housing Inspector and Fire Department have stated on a yearly basis that the Hopkins Park Plaza complies with all pertinent standards. The latest inspection was completed May 1 l , 2004. (Refer to EXHIBIT E) ,~ Similarly, the LHB Inc. report stated that the Property was quite deficient in terms of compliance with the Americans with Disabilities Act (ADA). The report stated that all buildings on the Property need to be fully accessible, with one accessible apartment per• building. The LHB report also stated that lobby work, including the installation of a new elevator, was required in Building 517 for ADA compliance. This work, however, would go far beyond what is necessary to satisfy the requirements of the ADAAG (Americans with Disabilities Act Accessible Guidelines). The ADA requires that architectural and communications barriers be removed in existing "public accommodations" effective January 26, 1992 provided they are "readily achievable" to do so (EXHIBIT C). Based on our observations we found the buildings generally satisfy the requirements of the ADA. Accessibility to the front office is compliant (EXHIBIT B). Typically, garden style buildings of this age (1950's) are not required to be accessible unless the corrective work can be defined as '~ ' "readily achievable". The ADA defines "readily achievable" as work imposing no undo hardship or financial burden to the building owner. j Forum has also analyzed the "Corrective Work" Proposal produced by CR Webb Construction ~ '• for the purpose of correcting existing non-compliant conditions identified in the LHB Inc. Report. We generally concur with the dollar amount for each line item of work, with the e~ exception of the proposed improvements relative to ADA compliance and Fire Code ~ improvements, which we believe are not required. Referred to EXHIBIT D. i I lop6ms Par6 Plaza, liop6ms. Mmn~sota 05092~200~ Page 3 June 29, 200 To the best of our knowledge, and based on our observations and professional opinion, ~ construction including foundations, exterior wall assemblies and roof framing systems are structurally sound. We noted no significant structural problems or hazards, or significant defects in essential utilities and facilities, light and ventilation, fire protection, or layout and condition of interior partitions. Comments contained within this report are based upon field observations and miscellaneous correspondence with management and maintenance personnel, consistent with the scope of the assignment. It is our mutual understanding that Forum would make every effort to report to you to the best of its knowledge, information and belief, regarding areas of concern known to us based upon our observations only. Our comments do not constitute a warranty by Fos°um. Also attached are copies of resumes of Mr. Ray Stoll and Mr. Robert Pakola. if you should have any questions or comments, please do not hesitate to call. Sincerely, FORUMARC'HITECTS & CONSULTANTS, INC. Ray R. Stoll, A[A Principal/Architect Minnesota License No. 15985 ~_ - y,, Robert P. Pakola Architec[zn~al/Constrzrction Cnnsultunt .y~, ~~~~ f l i>...r „..~ ~g P RAY R. STOLL, AIA Principal/Si: A~•clzitect EDUCATION University of 'Minnesota; Institute of Technology Bachelor of Architeciure:1980 Austin State Junior College, Associate Arts Degree (1973) Minnesota Dr~~ftvlg School (1977) PROFESSIONAL American Institute oi~ Architects AFFILIATIONS Minnesota Society of the American Institute of Architects International (~ounci.l of Building Officials National Association of Indush•ial and Office Properties OSHA REGISTRATIONS Registered Ardlitect -License No. 15985 RESPONSIBILITIES Mr. Stoll has over "l9 years of experience as a licensed and registered ~, Architect. A~~ Princ•ipal of Forum Architects & Consultantt~, Inc. he is responsible for coord.inatnig all personnel, technical services azid corporate marketing. . ~ Mr. Stoll has rlanaged and provided Property Assessments for many major lending and banking institutions across the country, including Arbor National Life, GMAC Commercial Mortgage, Citicorp, Wells Fargo Realty Advisors, U.S. Banl<, Department of Housing and Urban Development, Column Financial, Bear Stearns & Co., Inc., The Capital Company of America, Fortis Advisers, Inc., and Prudential Life Insurance Company. Responsibilities include providing accurate and comprehensive Property Condition Reports on existing properties of all types. These reports, which ' are approved by leaders nationally, including Fannie Mae and Freddie Mac, and which meet S & P and ASTM reporting requirements, carefully analyze building and site conditions, identify items of deferred maintenance, recommend remedial responses and calculate replacement reserves. . t Other responsibilities include consulting and reporting on all phases of + new project development including: design, consh•uction documents, } ~~ contracts, specifications, budgets, interim financing, and construction monitoring. • (Ref j~'c~nces Rt~nilRhle upon request) ..~' ROBERT P. PAKOLA Graduate Architect EDUCATION University of Minnesota; Institute of Technology Bachelor of Architecture (1996) University of Minnesota; School of Architecture University of Minnesota; Pre-Architecture REGISTRATIONS Minnesota State Licensed General Conh•actor -License No. BC - 20383588 RESPONSIBILITIES As a member of Forum Architects & Consultants, Inc., Mr. Pakola manages assessment of properties for acquisition and refinance. He has managed many portfolios involving multi-family residential, hospitality, commercial and industrial properties. His responsibilities include, site analysis, on-site interviews, immediate and replacement cost estimating, ADA accessibility surveys and report preparation. Mr. Pakola has provided General Conh•acting and Consh•ucdon ~ ~ Management Services for many larger projects located in Minnesota, Iowa, Oklahoma, Texas and Colorado. Services provided included complete coordination and management of project design for multi-family residential and commercial projects, shop drawing review, construction conhacts, bidding, cost estimating, job site management and job closure. Construction Projects range from $500,000 to $2,500,000 and include clients such as JP Morgan Investment Management, Timberland Partners, Dominium Group, Pawn American LLC and Brutger Equities. Mr. Pakola has conducted new construction management and observation of projects for interim conshuction lenders. Services include monthly visits, review of conshuction documentation, approval of monthly construction disbursements, identification of construction deficiencies, and advising as to conshruction schedules. ' Mr. Pakola has also completed Property Condition Reports for numerous refinance portfolios involving multi-building apartment and indushial complexes in Colorado, California, Illinois, Michigan, Washington and Wisconsin. -~ i ~,.,~ ~~. ~ (References nz~ailahle atpon recfuest) ~~~ % ~ ' ` ,t,~,': ^ ~ i ~.:. .r -' ~f s~ ~' .. ~ ~ h~~ ... Y,' '_-•' /ty~ «3~;~;~~,. g ,y in. ~ t k? ~'.'°y£ '.1~~ Y' f., ~l ~,~„s,,r~`°4 a: W;'~r •%; +~§ c° _~..~ ~°fi • 5„ _'~ , °~.. a`f ~^, ~ ~,>•.' ~- , try ;~'~ ""'~> Y ¢yr9 ~ •.1 ff ~ ~ +W ~>. i ~~ ~ l ~y'.ti i t> W:w'~ f Y.~ Lyt kr » . ~ : ' , ~i fwa ~" ~',~3~ ~y • ,..}~~ "„YI K' r'~~' ~tx~i.. sxr~~•.x~ s:. ~~, ..;`r~; ;.;~',~ , x, x~4~4~i a ~ ,' y ~'~ax a<,"'u {..~. '~ 4. v T~1~, .. ,f _ "~.L'i"'_syT~c•~.'~ pkr> ->.~„w, 'r~d •'+~y,' i 4 .,.~sF'. ..4e , T +~ +l:'~ ~ "'y~` ' .FiJ.T 1 ;.~ ,`L I.`.~~' ~' Y+~"t ` ~ ;~• 4 t 4 ` y ..,4~i~ ^i4~'!».,ae"o,.:.r ^T(i`M1n e~t, r7.. 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The provisions of the International Building Code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occu- pancy, location, maintenance, removal and demolition of every building or structure or any appurtenancE;s connected or attached to such buildings or structures. Exception: Detached one- and two-family d+Nellings and multiple single-family dwellings (townhouses) not more than three stories high with separate means of egress and their accessory structures shall comply with the r International Residential Code. 101.2.1 Appendices. Provisions in the appendices shall not apply unless specifically adopted. 101.3 Intent. The purpose of this code is to establish the n~in- imumrequirements to safeguard the public health, safety and general welfare through structural strength, meatus of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment. 1~ ~, ~~ ~ _~ i 101.4 Yteferenced codes. The other codes listed in Sections 101.4.1 through 101.4.7 and referenced elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. 101.4.1 Electrical. The provisions of the ICC: Electrical Code shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenance?. thereto. 101.4.2 Gas. The provisions of the Interriation~:l Fuel C:as Code shall apply to the installation of gas piping from the point of delivery, gas appliances and related accessories, as covered in this code. These requirements apply to gas pip- ing systems extending from the point o~ delivery to the inlet connections of appliances and the installation amd operation of residential and commercial gas appliances and related accessories. 101.4.3 Mechanical. The provisions of the International Mechanical Code shall apply to the installation, alter- ations, repairs, and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air- conditioning and refrigeration systems, incinerators, and other energy-related systems. lOlA.4 Plumbing. The provisions of the International Plumbing Code shall apply to the installation, alterations, repairs and replacement of plumbing systems, including equipment, appliances, fixtures, Fittings and appurte- nances, and where connected to a water or sewage system and all aspects of a medical gas system. The provisions of the International Private Sewage Disposal Code shall apply to private sewage disposal systems. 101.45 Property maintenance. The provisions of the International Property Maintenance Code shall apply to existing structures and premises; equipment and facilities; light, ventilation, space heating, sanitation, life and fire safety, hazards; responsibilities of owners, operators and occupants; and occupancy of existing premises and struc- tures. 101.4.6 Fire prevention. The provisions of the International Fire Code shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, han- dling or use of structures, materials or devices; from con- ditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the con- struction, extension, repair, alteration or removal of fire suppression and alarm systems or fire hazards in the struc- ture or on the premises from occupancy or operation. 101.4.7 Energy. The provisions of the International Energy Conservation Code shall apply to all matters gov- erning the design and construction of buildings for energy efficiency. SECTION 102 APPLICABl1.ITY 102.1 General. Where, in any specific case, different sec- tions of this code specify different materials, methods of con- struction or other requirements, the most restrictive .shall govern. Where there is a conflict between a general require- ment and a specific requirement, the specific requirement shall be applicable. 2000 INTEFINATIONA4 BUILDING CODE ,~ ~~ I4 102.2 -104.7 102.2 Other laws. The provisions of this code sh;-Il not be '~ deemed to nullify any provisions of local, state or federal law. 102.3 Application of references. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chaptE;r, section or provision of this code. 102.4 Referenced codes and standards. The codes and start- dards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between Itrovisior,s of this code and referenced codes and standards, the provi- sions of this code shall apply. 102.5 Partial invalidity. In the event any part or prevision of tlus code is held to be illegal or void, this shall not have tYte effect of making void or illegal any of the other pmts or pro- visions. 102.6 Existing structures. The legal occupancy of any struc- ture existing on the date of adoption of this code shall be per- mitted to continue without change, except as is specifically covered~in this code, the International Property MG:intenan~:e Code or the International Fire Code, or as is deerrted neces- sary by the building official for the general safety and wel- fare of the occupants and the public. .~.~ SECTION 103 DEPARTMENT OF BUILDING SAFETY 103.1 Creation of enforcement agency. The department of building safety is hereby created and the official in charge thereof shall be known as the building official. 103.2 Appointment. The building official shall be appointed by the chief appointing authority of the jurisdiction. 1033 Deputies. In accordance with the prescribed proce- dures of this jurisdiction and with the concurrence of the appointing authority, the building official shalt have the authority to appoint a deputy building official, the related technical officers, inspectors, plan examiners and other employees. Such employees shall have powers a:~ delegated by the building official. For the maintenance ~~f existing pxoperkies, see the International Property Mzintenartce Code. SECTION 104 DUTIES AND POWERS ©'F BUILDING 01=FICIAI. ~ 104,1 General. The building official is hereby authorized and directed to enforce the provisions of this code. The buiild- ing official shall have the authority to render interpretati~~ns of this code and to adopt policies and procedures in order to ADMINISTRATION clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically pro- vided for in this code. 104.2 Applications and permits. The building official shall receive applications, review construction documents and issue permits for the erection, and alteration, demolition and moving of buildings and structures, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code. 104.3 Notices and orders. The building official shall issue all necessary notices or orders to ensure compliance with this code. 104.4 Inspections. The building official shall make all of the required inspections, or the building official shall have the authority to accept reports of inspection by approved agen- cies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The build- ing official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority. 104.5 Identification. The building official shall carry proper identification when inspecting structures or premises in the performance of duties under this code. 104.6 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or where the building official has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or in violation of this code which makes the struc- ture or premises unsafe, dangerous or hazardous, the building official is authorized to enter the structure or premises at rea- sonable times to inspect or to perform the duties imposed by this code, provided that if such structure or premises be occu- pied that credentials be presented to the occupant and entry requested. If such structure or premises be unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provid- ed by law to secure entry. 104.7 Department records. The buildi~ag official shall keep official records of applications received, permits and certifi- cates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records for the period required for retention of public records. 2D00 INTERNATIONAL HUILDING CODE® r Department of Justice 28 CFR Part 36 Revised as of Jufy 1,199 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities Excerpt frarn 28 CFR Part 36: ADA Standards for Accessilble Design 9. ACCESSIBLE TRANSIENT LODGING. (1) Except as specified in the special technical provisions of this section, accessible transient ~ lodging shall comply with the applic:able requirements of 4~1 through 4.35. Transient lodging includes facilities or portions thereo F used 'For sleeping accommodations, when not classed as a medical care facility. 9.1 Hotels, Motels, Inns, Boarding HousE~s, Dormitories, Resorts and Other Similar Places of Transient Lodging. 9.1.1 General. All public use and common use areas are required to be designed and constructed to comply with section 4 (AccessiblE° Elements and Spaces: Scope and Technical Requirements). EXCEPTION: Sections 9.1 through 9.4 do not apply to an establishment Iorated within a building that contains not mcn•e tha~,~ five rooms for rent or hire and that is actually occupied by the proprietor of such establishment as the residence of such proprietor. 9.1.2 Accessible Units, Sleeping Ra~oms, and Suites. Accessible sleeping rooms or suites that comply with the requirements of 99 2 (Requirements for Accessible Units, Sleeping Rooms, and Suites) shall be provided in conformance with the table below. In addition, in hotels, of SO or j more sleeping rooms or suites, additional accessible sleeping rooms or suites that include a roll- ' in shower shall also be provided in conformance with the table below. Such accommodations ~- , shall comply with the requirements c-f 9_2, X1.21, and Fi urg_ e 57(a) or ~. Number of AccessiblEa Room with .., •„,,. Raoms Room:> Roll-in Showers a - --...__ -- ._..- - - -- - 1 to 25 1 26 to 50 2 5 51 to 75 3 1 76 to i00 4 1 r°~ 101 to 100 5 ~ 2 151 to 200 6 2 ~' 201 to 300 7 3 '"i 301 ` tc 900 8 9 ; ~~ 40i to 5C0 9 ! plus or.e for each additional 100 over 400 / ~ 501 to 1000 1001 and over 2., of tota_ 7_C plus 1 for each 100 over 1000 9.1.3 Sleeping Accommodations for Persons with Hearing Impairments. In addition to those accessible sleeping rooms and suites required by 9.1.2, sleeping rooms and suites that comply with 9_3 (Visual ~~lar~ns, Notification Devices, and Telephones) shall be provided in conformance with the following; table: Number of Accessible Elements Elements 1 to 25 1 25 to 50 2 . S l to 75 3 76 to 100 4 101 to 150 5 151 to 200 6 201 to 300 7 301 to 400 8 401 to 500 9 501 to 1000 2% of total 1001 and over 20 plus 1 fir each 100 over 1000 9.1.4 Classes of Slee in Accommodations. p g (1) In order to provide persons with disabilities a range of options equivalent to those available to other persons served by the facility, sleeping rooms and suites required to be accessible by 9.1.2 shall be dispersed among the various classes of sleeping accommodations available to patrons of the place of transient lodging. Factors to be considered include room size, cost, amenities provided, and the number of beds pr~wided. (2) Equivalent Facilitation. For purp~ases of this section, it shall be deemed equivalent facilitation if the operator of a facility elects to limit construction of accessible rooms to those intended for multiple occupancy, provided that such rooms are made available at the cost of a single occupancy room to an individual wish disabilities who requests asingle-occupancy room. 9.1.5. Alterations to Accessible Units, Sleeping Rooms, and Suites. When sleepin@; rooms are being altered in an existing facility, or portion thereof, subject to the requirements of this section, at least one sleeping room or suite that complies with tl~e requirements of 9_2 (Requirements for Accessible Units, Sleeping Rooms, and Suites) shall be provided for each 25 sleeping rooms, or fraction thereof, of rooms being altered until the number of such rooms provided equals the number required to be accessible with 9.1.2. In addition, at least one sleeping room or suite that complies with the requirements of 9.3 (Visual Alarms, Notification Devices, and Telephones) shall be provided for each 25 sleeping rootrs, or fraction thereof, of rooms being altered until the number of such rooms equals the number required to be accessible by 9.1.3. .-... 9.2 Requirements for Accessible Units, Sleeping Rooms and Suites. 9.2.1 General Units, sleeping rooms, and suites required to be accessible by 9,_1 shall comply with 9.2. 9.2.2 Minimum Requirements. ~~n accessible unit, sleeping room or suit;; shall be on an accessible route complying with 4.3 and have the following accessible elements and spaces. (1) Accessible sleeping rooms shall leave a 36 in (915 tntn) clear width maneuvering space located along both sides of a bed, except that where two beds are provided, this requirement can be met by providing a 36 in (915 tnn•;) wide tnatleuvering space located between the two beds. (2) An accessible route complying with 4_._3 shall connect all accessible spaces and elements, including telephones, within the unit. sleeping room, or suite. This is not intended to require an elevator in multi-story units as long as the spaces identified in 9.2.2(6) and ~ are on accessible levels and the accessible sleeping area is suitable for dual occupancy. (3) Doors and doorways designed to allow I-assage into and within all sleeping rooms, suites or other covered units shall comply witlt 4.13. (4) If fixed or built-in storage faciliti~;s such as cabinets, shelves, closets, and drawers are provided inaccessible spaces, at least one of each type provided shall contain storage space complying with 4.25. Additional storage teary be provided outside of the dimensions required by 4.25. • r~ f ~ ~ a !- ~ ~: 6 i ,.:,~ ,• ~~ _~ ~d f B ~_ (5) All controls in accessible units, <;leepinl; rooms, and suites shall comply with 4.27. (6) Where provided as part of an accessible unit, sleeping room, or suite, the following spaces shall be accessible and shall be on an accessible route: (a) the living area. (b) the dining area. (c) at least one sleeping area. (d) patios, terraces, or balconies. EXCEPTION: The requirements of 4.13.8 and 4.3.8 do not apply where it is necessary to utilize a higher door threshold or a change in level to protect the integrity ~~f the unit from wind/water damage. Where this exception results in patios, terraces or balconies that are not at an accessible level, equivalent facilitation shall be provided. (e.g., Equivalent facilitation at a hotel patio or balcony might consist of providing raised decking or a ramp to provide accessibility). (e) at least one full bathroom (i.e., one with a water closet, a lavatory, and a bathtub or shower). (f) if only half baths are provided, at least one half bath. (g) carports, garages or parking spaces. _, (7) Kitchens, Kitchenettes, or Wet Bars. W11en provided as accessory to a sleeping room or suite, kitchens, kitchenettes, wet bars, or similar amenities shall be accessible. Clear floor space for a front or parallel approach to cabinets, counters, sinks, and appliances shall be provided to comply with 4.2.4. Countertops and sinks shall be mounted at a maximum height of 34 in (865 inm) above the floor. At least fifty pf;rcent of shelf space in cabinets or refrigerator/freezers shall be within the reach ranges of 4.2.5 0~• 4.2.6 ,and space shall be designed to allow for the operation of cabinet and/or appliance doors so that all cabinets and appliances are accessible and usable. Controls and operating mechanisms ;>hall comply with 4.27. i, (8) Sleeping room accommodations i~or per;~ons with hearing impairments required by 9_l and complying with 9_3 shall be provided in the accessible sleeping room or suite. 9.3 Visual Alarms, Notification Devices and Telephones. 9.3.1 General. In sleeping rooms required t~o comply with this section, auxiliary visual alarms shall be provided and shall comply with 4_28_4. Visual notification devices shall also be provided in units, sleeping rooms and suites to alert room occupants of incoming telephone calls and a door knock or bell. Notification devi~~es shall not be connected to auxiliary visual alarm signal appliances, Permanently installed telephones shall have volume controls complying with 4.31.5; an accessible electrical outlet within ~4 ft (12:20 min) of a telephone coru~ection shall be provided to facilitate the use of a text telephone. 9.3.2 Equivalent Facilitation. For l~tirpose:s of this section, equivalent facilitation shall include • the installation of electrical outlets (including outlets connected to a facility's central alarm system) and telephone wiring in sleeping rooms and states to enable persons with hearing `~ impairments to utilize portable visu2~1 alarms and communication devices provided b}~ the operator of the facility. 9.4 Other Sleeping Rooms and Suites.' Doors and doorways designed io allow passage into and within all sleeping units or other covered tuiits shall comply with 4_i I_5. 9.STransient Lodging in Homeless Shelters, Halfway Houses, Transient Group Homes, and Other Social Service Establishme~l~ts. 9.5.1 New Construefron. In new co~lstruction all public use and common use areas are required to be designed and constructed to comply ~h~ith section 4. At least one of each type of amenity (such as washers, dryers and similar equipment installed for the use of occupants) in each common area shall be accessible and shall lie located on an accessible route to any accessible unit or sleeping accommodation. EXCEPTION: Where elevators are not provided as allowed in 4.1.3 5 ,accessible amenities are not requited on inaccessible floors as long as one of each type is provided in common areas on accessible floors. 9.5.2 Alterations. (1) Social service establishments which are not homeless shelters: (a) The provisions of 9.5.3 and 9.1.5 shall apply to sleeping rooms and beds. (b) Alteration of other areas shall be consistent with the new construction provisions of 9.5.1. (2) Homeless shelters. If the following eleir~ents are altered, the following requirements apply: (a) at least one public entrance shall allow a person with mobility impairments to approach, enter and exit including a minimum clear door width of 32 in (815 mm). (b) sleeping space for homeless persons as I~rovided in the scoping provisions of 9.1.2 shall include doors to the sleeping area with a mi:~nimum clear width of 32 in (8l 5 mm) and maneuvering space around the beds for persons with mobility impairments complying with 9.2.2 1 . (c) at least one toilet room for each gender or one unisex toilet room shall have a minimum clear door width of 32 in (815 nun), minimum turning space complying with 4.2.3, one water closet complying with 4.16, one lavatory ccanplyiiig with 4.19 and the door shall have a privacy latch; and, if provided, at least one tub or shower shall comply with 4.20 or 4.21, respectively. r (d) at least one common area which a. person with mobility impairments can approach, enter and exit including a minimum clear door width of 32 in (815 mm). Building Owners and :Managers Association International • ADA. Checklist INTRODUCTION The Americans with Disabilities Act (,FDA), signed by President Bush in July 1990, is sweeping legislation designed to extend civil rights protection to persons with disabilities. The law is divided into four major Titles that prohibit discrimination against the disabled in employment, state and local government services, public transportation, public accommoclations~, and telecommunications. Title I: Employment Employers may not discriminate against a person with a disability in hiring or promotion if the person is otherwise qualified for the job. Employers must provide "reasonable accommodation" to persons with disabilities, including such steps as job restructuring and modification of equipment Information on the Title I provisions ran be obtained from: The Equal Employment Opportunit}~ C;ommission, 1 SOI L Street N.W., Washington, L`~.C. 20507. Phone l -800-USA-EECJ~C (voice) or 1-800-800-3302 (TDD). Title II: Public Services acid T~•ansportation Subtitle A prohibits state and local governments from discriminating against persons with disabilities. Subtitle B provides for accessibility to public transit buses, rail lines, and bus and train stations. Information on the public transportatiion provisions can be obtained from: The U.S. Department of Transportation, 400 Seventh Street 5.W., Washington, D.C. 20590. Phone (202) 366-9305 (voice) or (202) 755-7687 (TIDD). Title ill: Public Accommodatiolns Persons with disabilities are to be provided accommodations and access equal to, or similar to, that available to the general pubic. The final rules Implementing Title Ill of the Americans with Disabilities Act were published in the Federal Register of July 26, 1991. To obtain a copy, call the US. Department of.lustice at (202) 514- 0501. Questions on the final rules can be directed tiD: The Office of the Americans with Disabilities Act, Civil Rights Division, U.S. Department of Justice, P.O. Box 66118, Washington, D.C. 20',035-6118. Phone (202) 5 i 4-0301 (voice) or (202) 5 ] 4-0383 (TDD). Technical information on the ADA accessibility provisions can be obtained from: The U.S. Architectural and Transportation Barriers Compliance Board, 1 1 1 1 I8th Street N.W., Suite SOI, Washington D.C. 20036. Phone 1-800-USA-AEILE (voice or TDD). Title IV: Telecommunications Companies offering telephone service to the general public must offer telephone relay service to persons who use telecommunications devices for the deaf (TDDs) or similar devices. Information on the Title IV provisions can be obtained from: The Federal Communications Commission, 1919 M Street N.W., Washington, D.C 20554. Phone: (202) 634-1837 (voice) or (202) 632-~~ 836 (T'DD). PURPOSE OF THIS GUIDEBOOK BOMA's ADA Compliance Guidebook: A checklist for Your Building offers detailed information on the Title III regulations addiressing accessibility in buildings. (Certain other portions of Title III, dealing with poliicies and procedures, exams and courses, are not covered in this document.) This Guidebook serves as .a reference document and workbook to be used in assessing the level of ADA Title III ~~ompliance within a building or facility. OVERVIEW Off' THE 'TITI~E III RULES GENERAL PRINCIPLES The key points relating to Title I[I of tl~e Americans with Disabilities Act are highlighted below. These represent a brief overview, and are described in snore detail in the sections that follow. Intent of the Law The intent of the ADA is to provide pe-rsons with disabilities with accommodations and access equal to, or similar to, that available to the genera) public. Disability The ADA defines an "individual with .a disability" as a person who has a physical.or mental impairment that substantially limits one or more major life activities (e.g. seeing, hearing, speaking, walking, breathing, performing manual tasks, learning, caring for oneself, or working.) The word "disability," used throughout the AIWA, is the most up-to-date term reflecting the sensibilities of most citizens with a disability. Many individuals and organizations object to being called "handicapped" or referred to as "tl~e handicapped." Since this is a significant and sensitive issue, the law consistently uses and ern~ourage:s use ~f the term "disability" or "persons with disabilities." Auxiliary Aids in Public Accommod~Atians As of January 26, 1992, a "public accommodation" must provide auxiliary aids and services when they are necessary to ensure effective <:omiru~nication with persons with hearing, vision, or speech impairments-provided that such actions do not constitute an "undue burden." Removal of Barriers in Public Accommodations The ADA requires that architectural and comrnunications barriers be removed in existing "public accommodations" effective January 26, 1992 provided it is "readily achievable" to do so. r ;., a Accessible Alterations and New Construction Alterations made to "public accommo~Jations'" or "commercial facilities" that begin after January 26, 1992 must be tmade accessible in line ~,vith specific technical ADA requirements. New buildings "designed and constructed for first occupancy after January 26, 1993" tmust be made fully accessible to and usable by persons with disabilities, in accordance with the, same requirements. Alterations or New Construction Nat Required The ADA does not actually require new cons~.ruction, nor does it require alterations to existing buildings. 1-[owever, when new construction ar alterations are undertaken, such work must be done in accordance with the law's accessibility provisions. Distinctions for Building Use In addition to the technical requirements for alterations and new construction, the ADA contains specific requirements for restaurants, rnedical care facilities, business and mercantile establishments, libt•at•ies, and transient lodging. If the activities in a building or facility should fit into one or mote of these use groups, each area tmtist comF~ly with the specific accessibility t•equit•etments fot• that type of use. Equivalent Facilitation Departures from the ADA technical and scopi~ng requirements may be permitted where the alternative designs and technologies used will provide substantially equivalent access to, and usability of, a site or facility (see section on "Iimplementation of Title III"). Costs Cannot be Borne by the Disabled A person with a disability shall not be charged for the costs incurred in complying with the ADA, ~ such as the cost of providing auxiliary aids and services, removing barriers, of making alterations. ` ~ Landlord/Tenant Responsibilities The ADA is not intended to affect existing lease agreements between landlords and tenants. For example, the tenant is generally responsible for making readily achievable changes in its own office suite (as well as ensuring that alterations made in that suite are accessible), and the landlord is generally responsible for making readily achievable changes in common areas (as well as ensuring that alterations made in common areas are in compliance with the ADA)-unless provided • otherwise in the lease agreement. PUBLIC ACCOMMODATIC-N VS'~. COMMERCIAL FACILITY Title [IC of the ADA divides covered buildings and facilities into two categories: "Public ~, ~~ Accommodations" and "Commercial F'acilities''. A public accommodation is responsible for m~;.eting the ADA requirements for removal of barriers. (However, areas of a public accommodation thhat are used only by employees as work areas are not subject to this requirement. In such case, "rea~~onable accommodation" under Title I of the ADA must be made for employee with a disability to enter and use those areas.) A public accommodation must provide auxiliary aides when they are necessary to ensure effective communication with persons who have: hearing, vision, or speech impairments (see section on "Auxiliary Aids and Servies"). A public accommmodation must also meet the technical requirements for alterations and new construction. The responsibilities for providing auxiliary aids and for removal of barriers dv not apply to commercial facilities. (However, "t•ea~onable accommodation" under Title I of the ADE\ tmust be ~ made for employees with a disability to enter and use the facility.) USE THE CRITERIA BELOW TO D)!?TERM[INE \WHICH CATEGORY YOUR BUILDING OR FACILITY IS IN: Public Accommodation A "public accommodation" is a private entity that owns. leases (or leases to), or operates a "place of public accommodation." The place of public accommodation is a private facility whose operations affect commerce and fall within at least one of 12 categories: • Place of lodging (e.g an inn, hotel or motel). • Establishment serving food or drink (a restaurant, bar, or other establishment serving food and drink). • Place of exhibition or entertainment (a movie house or theate-•). • Place of public gathering (a-z audito~riu-n, le;ctu-•e hall, or convention center). i ~ Sales or rental establishment (a bakE,ry, grocery store, clothing store, or other sales or r~.ntal establishment). 5„~ Service establishment (a dry cleaner, bank, barber shop, beauty shop, travel agency, shoe repair service, office of an accountant or lawyer, pharmacy, insurance office, professional office of a health care provider, or other service establishment). . Station used for specified public transportation. • Place of public display or collection (a museum, library, or gallery). • Place of recreation (a park, zoo, or amusement park). • Place of education (a nursery school, elementa-y or seconda-y school, undergraduate or post- ` graduate private school, or other place of education). • Social service center establishment (day care center, senior citizen center, or food bank). • Place of exercise or recreation (a gymnasium, health spa, or other place of exercise or recreation). The requirements described above are the resiponsibility of the public accommodation -not the place of public accommodation. However, the requirements do not extend beyond the place of public accommodation to other areas of the facility. Commercial Facility A "commercial facility" is a facility intended for non-residential use by a private entity and whose operations affect commerce. Exa-nple~; are ofl~ce buildings, warehouses, factories, and other buildings in which employment may occur. While a public accommodation contains areas that are meant for the public's use a commercial facility is built for a private business amd its employees. For instance, an office building that is . occupied by a single tenant and contains no places of public accommodation would be commercial facility. According to an interpretatioi'y from the Justice Department, it is possible for part of a ~~ building to be a commercial facility while other portions are public accommodations. IMPLEMENTATION OF TIr['LE III ~- ; Penalties E The Americans with Disabilities Act is, a civil rights law, which means that unless a state law or local building code adopts the ADA's requi-°~ements-o-• unless the given code is certified by the Justice s Department-state and local building inspectors will not be enforcing the law. It will be enforced, as ~~ other civil rights laws are, by action of an aggrieved party. That party does not have to allege discrimination "after the fact". The AI)A pe-•rnits a person to file a lawsuit if he/she has "reasonable °°~ grounds" for believing that discrimination is about to occur, where new const-•uction or alterations ~ ~ are concerned. Several types of legal remedy are available. The first is injunctive relief, i.e. correction of the accessibility problem. Tliis will be m2~ndated by a court in all cases where discrimination is proved. However, if the Justice Department hits reasonable cause to believe that someone has engaged in a pattern or practice of discrimination in violation of the ADA, the government can file a civil suit that may result in various measures, from ~;,orrectiion of the problem to a penalty of up to $50,000 for the first violation and up to $100,000 for any subsequent violation. Good Faith Efforts In any judicial review of a building owner's actions, consideration will be given to "good faith" effot•ts he/shc has made to comply with the la,w. For example, the development and implementation of a plan to remove barriers to the disabled ira a building could serve as evidence of a good faith effort. The Justice Department recommends this action, as well as consulting with local organizations representing persons with disabilities to obtain their suggestions on cost-effective ways to promote accessibility. This Guidebc~ol<, especially the checklist portion, is provided to assist building owners and managers in inal<ing a "1;ood faith's effort to comply. The good faith standard requires positive compliance efforts - as opposed to demonstration a lack of willful, intentional, or reckless disregard of tl~-e law. Furthermore, no business or organization is excused from complying with the AD,4 becatase of any failure to become educated or receive technical assistance. Certification of Codes The ADA provides that a state law or local building code can be "certified" by the Justice Department as meeting or exceeding the AD~1 accessibility requirements. However, this process , could take years and no alternative procedure has been established that would enable a building owner or manager to determine whether his/her building is in compliance. The effect of.lustice Department certification of a state or local code is not a blanket af~proval for that code. Instead, it is a t•ebuttable presumption that those portions of the code dealing with accessibility for the disabled meet the mini-rtum requirements set out in the ADA. Any amendments made to the state or local code after it is certified by the Justice Department will not be considet•ed certified --only those portions of the ~~ode dealing with accessibility issues at the time certification. Since it is not the building code pt•oce~~s itself that is approved, there is no assurance that any interpretations or waivers issued by a local building official, or any efforts at providing "equivalent facilitation," will be acceptable to persons with disabilities or the Justice Department. The only other assistance set forth in the AD~~ rules (and, again, a process that could take years) is a voluntary scheme whereby a model code or standard could be informally reviewed by the Justice Department to deter-r-ine I~ow it is consistent with the accessibility standards of the ADA. Tax Deduction and Credits The Internal Revenue Code allows a deduction of up to $15,000 per year for expenses associated ;~ with the removal of qualified architectural barriers. Small businesses are also allowed a tax credit for k ; certain costs of complying with the AL)A. An eligible small business is one whose gross receipts at•e under $1 million or whose workforce consists of 30 or fewer full-tithe employees. Qualifying businesses may claim a credit of up to 50 percent of eligible access costs over $250 but under $10,250. The necessary and reasonable: costs of removing architectural, physical, and communications barriers are included among "`eligible expenditures". ,~~~ AUXILIAR'~ AIDS A1\TD SERVICES I1~1 PUBLIC • ACCOMMODATIOI~~S As of January 26, 1992, a public accommodation shall take whatever steps may be necessa-y to ensure that no one with a disability is excluded, denied services, segregated, or otherwise treated differently than anyone else because of the absence of auxiliary aids and services -unless it can be demonstrated that taking those steps would fundamentally alter the nature of the goods, services, facilities, privileges, or accommodations being offered or would result in an "undue burden." What are Auxiliary Aids? "Auxiliary aids and services" include, but are not limited to: _ • qualified interpreters • assistive listening devices • telephone handset amplifiers • notetakers • written materials for persons with hearing impairments • telecommunications devices for deaf f~ersons (TDDs) • videotext displays • qualified readers • taped texts • Brailled or large print materials for persons with vision impairments. What is an Undue Burden? The ADA defines an undue burden as "significant difficulty or expense." Whether an action is an undue burden is to be determined on a case by case basis. No numerical formula or threshold of any kind was set out by the Justice Department. However, the following factors are to be considered: The nature and cost of the action needed. • The overall financial resources of the site or sites involved; the number of persons employed; the effect on expenses and resources; or the impact upon the operation of the site. • The geographic separateness and the administrative or fiscal relationship ofthe site or sites to any parent corporation or entity. • (f applicable, the overall financial resources and size of any parent corporation or entity. i • if appl icable, the type of operation of any parent corporation or entity. The factors above are identical to those to be used in determining if barrier removal is "readily achievable" (see next section). However, undue burden is a higher standard than readily achievable in that it requires more of an effort on the part of the public accommodation. If the provision of a given auxiliary aid or service would result in an undue burden, the public -~~~ accommodation shall provide an alternate aid or service that ensures, to the maximum extent feasible, that persons with disabilities receive the same goods, services, facilities, privileges, or accommodations ' offered to everyone else. r-., i' . n) 1 M~ ,:~~ REMOVAL OF BARIltIEiZS IN PUBLIC ACCOMMODATIOPfS As of .lanuary 26, 1992, public accommodations are required to -•emove architectural barriers and communications barriers that are strurtw•al irr nature in existing facilities, where such removal is "readily achievable." What are Considered Barriers? An architectu-•a! barrier is a physical object that impedes a disabled person's access to, o-• use of, a facility. Examples include a flight of <_xairs as the only means of entry into a building or a water fountain that cannot be used by a person in a wheelchair. Communications barriers that are stru~~tural in nature are those which are an integral part of the physical structure of a facility. Examples include alarm systems and permanent signage, (Note: communications equipment and devices such as TDDs and assistive listening systems are not included. These are addressed separately under the requirements for "Auxiliary Aids.") What is Readily Achievable? The ADA defines readily achievable as "easily accomplishable and able to be carried out without much difficulty or expense." Whether an action is readily achievable is to he determined on a case by case basis. No numerical ~~, formula or threshold of any kind was set out by the Justice Department. However, the following factors are to be considered: • The nature and the cost of the action needed'. ~., • The overall financial resou-•res of the: site ot~ sites involved; the number of persons e-nployed at the ~° site; the effect on expenses and resour~~es; or the impact upon the operation of the site. ~,~g • The geogt•aphic separateness and the administrative or fiscal relationship of the site or sites to any parent corporation or entity. • If applicable, the overall financial resources and size of any parent corporation or entity. • ~If applicable, the type of operation of any parent corporation or entity. In addition, each barrier removal action need not be considered in complete isolation when determining what is readily achievable. The costs of other barrier removal actions may be considered as another factor when determining if a measure is readily achievable. Examples of Readily Achievable Mea!:ures The following are examples of steps tl•iat may be readily achievable, according to the Justice Department. The list is not intended to be exhaustive, but rather to provide an illustration of barrier removal that could be readily achieva~~le. Whether or not any of these measures, or others, is readily achievable must be deternvned on a case by case basis. r ~ • Installing ramps • Making cut•b cuts in sidewalks and a--t-•ance~> "• • Repositioning shelves f , • Rearranging tables, chairs, vending machines, display racks, and other furniture • Repositioning telephones • Adding raised markings on elevator control buttons F • Installing flashing alarm lights t • Widening doors x • Installing offset hinges to widen, doorways • Eliminating a turnstile or providing an alternative accessible path • Installing accessible door hardware • Installing grab bars in toilet stalk • Rearranging toilet partitions to increase maneuvering space Insulating lavatory pipes under sinks to prevent burns • Installing a raised toilet seat • Installing a full length bathroom mirror • Repositioning a paper towel dispenser in a bathroom • Creating designated accessible parking spaces • installing an accessible paper cup dispenser at an existing inaccessible water fountain • Ret~noving Nigh pile, low density carlteting Technical Requirements Removal of barriers shall be done in accordance with the technical requirements for alterations and new construction (as contained in the Checklist section of this document). When compliance with the technical rE;quit•etrtents is not readily achievable, it is acceptable to take other readily achievable barrier remov,~l measures that provide persons with disabilities with access equal to, or similar to, that available to the general public. However, no measure shall be undertaken that poses a significant risk to the healrh or safety of persons with a disability or others. Recomrtiended Priorities f~~r Removal of Barriers The ADA contains priorities that a public accommodation should consider when deciding what is readily achievable. These priorities are not mandatory, but rather suggested ways to determine what types of barriers should be mitigated or eliminated first. The priorities are as follows: 1. Access from public sidewalks, parking, or public transportation stops to a building entrance. (Such measures include installing an entrance ramp, widening entrances, and providing accessible parking spaces.) 2. Access to any areas where goods and services are made available to the public. (Examples include adjusting the layout of display racks, rearranging tables, providing Brailled and raised signage, widening doors, installing visual alarms, and installing ramps.) 3. Access to restroom facilities. (Examples include the removal of obstructing furniture or vending machines, widening doors, installing ramps, providing accessible signage, widening toilet stalls, and installing grab bars.) 4. Access in any remaining ways to the I;oods cad services provided. Alternatives to Barrier Remioval [f bat•rier removal is not readily achievable, the goods, services, facilities, privileges, advantages, or accommodations of a public accommodation shall be made available through alternative methods, if it is readily achievable to do so. Examples o1'alterna.tives to barrier removal are: * Providing valet parking for persons with disabilities. * Providing curb service or home delivery. * Retrieving merchandise from inaccessible shelves or racks. * Relocating activities to accessible locations. i ~ A person with disabilities shall not Ue cl'iarged for the costs associated with providing an alternative method. Continuing Obligation to yiemawe Barriers The obligation to engage in readily achievable barrier removal is a continuing responsibility of a public accommodation. Items that are currently not readily achievable may become so in the future. No periodic assessment or self-evaluatii~n is required by the ADA. However, the Justice Department urges public accommodations to establish procedw•es for an ongoing assessment of their compliance with the ban•ier removal requirements. Preparing a Barrier Rem~wal iPlan The Justice Deportment reco~rnnends the development of plans designed to achieve compliance with the ADA's barrier removal requirements before they become effective on January 26, 1992. Such a plan, if appropriately designed and diligently executed, could serve as evidence of a good faith effort to comply. In developing its plan, a public accommodation should consult with local organizations representing persons ~~ith disabilities and solicit their suggestions for cost effective means of making individual places d~f public accommodation accessible. . Before determining if barrier removal is readily achievable, a public accommodation must first identify any existing barriers. The trtost appropriate means of doing so is through selP- evaluation, by comparing the existing building or facility to the requirements for new construction and alterations. (The checklist section of the document is designed to be used for this process.) Once all existing barriers have been identified, a dete~7nination of what is readily achievable can begin. The priorities listed above, and the input of loc,~l disability organizations, should be used as a guide to determine which barriers are the most critical. All existing bai-~•iers that can be removed through readily achievable measures should then be removed. Where barriers remain that cannot be t•emoved by readily achievable means, the public accommodation should establish a periodic review process, as it may become readily achievable to remove those barriers at some future time. The entire self=evaluation process, and the subsequent determination of readily achievable mmeasures, should be fully documented. In particular, a list should be maintained of existing barriers that are not removed, along with the specific reasons why thheir removal was not readily achievable. Throughout this process, the building; owner or manager must be aware that decisions to remove or not remove barriers will be subject to scrutiny by others in the event of a subsequent discrimination complaint. By involving local organizations representing persons with disabilities in the identification and prioritization of existing barriers, the likelihood of future complaints should be greatly diminished. General Principles of Alterations ~~' if existing elements are altered, each such altered element shall comply with the applicable technical provisions. Only the altered element must comply (e.g. replacing a faucet does not require making the entire restt•oom accessible). Howe~~er, if alterations to the elements in a space, when considered + together, amount to an alteration of a space, the entire space shall comply with the technical q , provisions. ` ' No alteration shall be undet•taken which decrease accessibility or usability of a building or facility below the requirements for new construction at the time of alteration. No alteration of an existing ~~ element, space, or area of a building or facility shall impose a t•equiretnent for greater accessibility ` ~ than that which would be required for new construction. For example, if the elevators and stairs in a building are being altered and the elevators acre, in turn, being Trade accessible, then no accessibility ' modifications are required to the stairs that connect levels served by the elevator. An alteration to a "primary function area" wi'II trigger an obligation to provide an accessible path of travel to the altered area. Technically Infeasible ~ If structut•al conditions in an existing building; or facility make it virtually impossible to meet the ~° ~ accessibility requirements for alterations, those accessibility requirements will be deemed y "technically infeasible." For example,,the removal or altering of aload-bearing member in order to provide accessibility would be technically infeasible In alteration work, if full compliance ~NItII tllE' technical provisions is technically infeasible, the alteration shall provide accessibility to the "maximum extent feasible.) In such cases, any other elements or features of the building or facility that at•e being altered and can be made accessible shall be made so. Primary Function Areas A "primary function area" is any t•oon~+ or space where the major activities for which the facility is ~ intended are carried out. Examples include, but are not limited to, the customer services lobby of a bank, the dining.area of a cafeteria, th+~ meeting rooms in a conference center, as well as offices and •~,~ all other work areas in which the activities of the public accommodation or commercial facility are carried out. Areas such as mechanical rooms, boiler rooms, storage rooms, copier rooms, employee lounges and locker rooms, janitorial c~osets, Entrances, corridors, and restt•ooms are not considered . , primary function areas. ` Path of Travel P 3 An alteration that affects the usability of, or access to, a prinialy function area will trigger the ~ ~ obligation to provide an accessible path of tre+vel to the altet•ed area. The restrooms, telephones, and drinking fountains serving the altered area mast also be made accessible. ~~ i ? A "path of travel'* is defined broadly ;~s a colttinuous, unobstt•ucted route by which the primary ' function area can be approached, entered, and exited, and which connects the area with the entrance to the facility and other parts of the fa+~ility. When a tenant is making alterations uj~on its premises under terms of a lease that grant it the authority to do so, the alterations do n~~1 trigger a path of h•avel obligation upon the landlord in areas of the facility under the landlot•d's authority that are not otherwise being altered. Minor alterations to individual elements in a primacy function area do not trigger a path of travel ~~ obligation (e.g. alterations to such elements as windows, hardware, light switches and thermostats, electrical outlets, or signage). However. these, elements must be made accessible if they are altered. If alteration work is limited solely to the electrical, mechanical, or plumbing system, or to hazardous material abatement or to automatic sprinkler retrofitting, and does not involve the alteration of any element required to be accessible, then there is no obligation to provide a path of travel. Disproportionate Costs In some circumstances, the costs of providing; an accessible path of travel to an altered area may be disproportionate in comparison to the alteration costs to the primary function area. The costs of providing an accessible path of travel will be considered "disproportionate" when the cost exceeds 20 percent of the overall cost of the alteration to the primacy function area. Vyhere the path of travel costs are dis~n•oportionate, the path of travel shall be made accessible to the extent that it is not disproportionate. p,ccording to an interpretation from the Justice Department, this does not necessai°ily require an expenditure of the full 20 percent. In cases where a full expenditure of 20 percent would not increase acce:~sibility along the path of travel, alterations should be made to the extent that they would result in an increase in accessibility. When the cost of alterations necessary to provide an accessible path of h•avel is disproportionate to the cost of the overall alteration, priority should be given to those elements that will provide the greatest access, in the following order: An accessible entrance ;~ An accessible route to the altered area At least one accessible restroom for each sex or a single unisex restroom Accessible telephones Accessible drinking fountains Additional accessible elements such as parking, storage, and alarms. ~~•~ ,;~ Alterations Over Time The obligation to provide an accessible path ~~ftravel shall not be evaded by performing a series of ~'~ small alterations to the area if those alterations could have been performed as a single undertaking. If a primary function area has been altered wiithout providing an accessible path of travel, and ~~ ~ subsequent alterations of that area or << different area on the same path of travel are undertaken within . i three years of the original alteration, then the total cost of alterations to the primary function areas on that path of travel during the precedin+; three year period shall be considered in determining whether the cost of making that path of travel <<ccessit~le is disproportionate. Only alterations undertaken after January 26, 1992, shall be considered in dete~7nining disproportionality between path of travel and primacy function alteration costs. Alterations to Historic Properties Alterations to a qualified historic building or facility shall comply with the technical requirements for new construction and alterations, except as specified below. A qualified historic building or facilit;~ is a building or facility that is: 1. Listed in or eligible for listing in the National Register of Historic Places; or 2. Designated as historic under an appropriate state or local law. When alterations are planned to a building or facility that is subject to the National Historic Preservation Act, the Advisory Council on Historic Preservation must be given a reasonable opportunity to comment prior to approval of the undertaking. if alterations are planned to a qualified „? historic building that is not subject to the National Historic Preservation Act, and the entity undertaking the alterations believes the ADA requirements would threaten or destroy its historic significance, then the state Historic Preservation Officer should be consulted. 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U ~ J N ~ N 'O~ ~ NC; CD _ £ G 8 ~ Vl N i „~' ~1 W ~ O N Q ~ t p b 9 ~ ~ . ~ C ~9 9 d '~~ ~ x d ¢ O (~ r m ~ ~ ~ m ~ ~ u Fa t~ ;o c N °~' . g •~-~ ~ b ~ E ~ ~ o ~ ~~ u. gs ~ O ~ ~ ~ v ~ a O ~ c ~ ~ ~ ~ ~ i ~ ~~ ~ ~' ~ c E •~ ~ ~ ~ E ~ ~ ° ~{ ~~ 0 0 p ~ yq aS ~ ~ ~ ~ M • yy E a s _ ~ si ~N~Njj ro T~ ~ ~5 ~ ~ " ul ~ ~ ~ ai ~. ~' ~ ~ ~ ~ ~^ c' 2~ °' ~ g ~ ~ E ~a E ~ b m ~ II ~ ~ ~ Q ~g N e O ~ C ~ ~ ~ ~ O Y C, e, C 10 ,, ~` ~ ~ E ~ @ ~ t ~ ~ ~ ' @ ~5 g ~ ~ ~ o ~ 0 ~ ~ ~ ~ ~ y e Ln ~ ~ d ~ ~~ ~~ ~ ' N ~ ~ ~ ad ~ ;, ~ ; ; ~ ;~ s a :~ w ~ E; ~ ~ ~ ~ ~ N - w ai ~ ~ ~- ~ ~ cd ~ ~ a~ ppp -, 'p _ ~ 01 ~ ~ ~ ~ ~ ~ ~ a ~ ~ ~ ~ ~ {_~o0 Tn ccQQ 'fin ' n ' E Si '(~ rn '~i ~ ~ ~ 4 tm ' ~ t ~ o~ ~ O C~ ~ ~ ~ _ cK ~ _ ~ c e ~ ~ d' F Z O x , 7 m c ~ N ¢ ,3 .; ~w7U~ 29 2000 1Z:11PM HP LASEF;JET :3200 ~ p.2 ~~ ~' 1 UID ~'irsl Street Sauttt ®9(ap~ins, ~t•C71L 553 43-7573 ~ P&mre: 952-935-8474 • ~a,~• 952-935-183q `We6 address; www.&np(~insmrc.com i ;~ ~ May 11, 2004 Mr. Rich Kordiak EIopkins Park Playa Apartments 51 ~ 1Vl;ainstreet Hopkins, MN 55343 RE: Inspection Results of Hopkins ):'arl; Plaza Apartments Dear Ivlr. Kardiak: Our records show that your rental property ~~t Hopkins Park Plaza Apartments in Hopkitxs, MN ' laid its routine rental inspection on A'.pz•il 13, 2004 and was re-inspected an May 11, 2004 and all written correction orders were compi.ied with meeting the minimum standards of Hopkins Property Maintenance Cade Section 4D_. / International Property Maintenance Cade. We thank you and your staff for your' co operation and tzme with the inspeetior~.s. [f you have any future questions or c~~ncez•ns~ please contact me at (952) 548-6323. Since l , ~. ~~~~~ Eliza th Page Housing Inspector cc: Rixznann Properties C~ ~Pw~tne»ng ruitk tl':r Conmeunity to ~rtl~arrte tke Q~cality of Life • fespuv. ~ Educaix ~ Involve •Cvrormunieate + '~. c ACCESSIBLE SITES ANI) BUILDINGS ~. ~- NEW CONSTRUCTION New buildings and facilities that are designed and constructed for first occupancy after January 26, 1993, must comply with die technical requirE~ments for new construction (see Checklist section). The term "designed and constructed for first occupancy after January 26, 1993" is fulfilled by two criteria: 1. If the last application for a building permit or permit extension is filed (and, where applicable, certified as complete by die local jurisdiction) after January 26, 1992; and 2. l f the first certificate of occupancy .is issued after .ianuary 26, 1993. The date of January 26, 1992, is relevant only to the last application for a pf;rmit or peririt extension for a facility. Thus, if an entity has applied for only a "foundation" permit, the date of that application has no effect, because the entity must also apply for and receive a permit at a later date for the actual superstructure. ADDITIONS An addition to an existing building or facility shall be regarded as an alteration. Each space or element added to the existing facility :>hall comply with die technical requirements for new construction (see Checklist section). Construction of an addition does not trigger an obligation to retrofit die entire building. However, if the addition involves a "primary function are;a," die ADA's "path of t-•avel" requirements will apply (see next section). ALTERATIONS z .~ An alteration to a place of public accommod~ition or commercial facility that is begun after January 26, 1992, shall comply with the technical requirements for new construction and alterations (see Checklist sectionl. Definition An alteration is a change that affects or could! affect the use of a building or facility, such as a remodeling, renovation, rehabilitation, historic restoration, changes or rearrangements in structural parts or elements, or extraordinary re~~airs. Examples of an alteration include, but are no't limited to: •~relocating a door • replacing a floor • relocating an electrical outlet • installing or replacing faucet controls • replacing door handles or hinges. Examples of work not considered alterations (unless they affect the usability of the building or ~ facility) include, but are not limited to: normal maintenande • reroofing • painting or wallpapering ~'~~'~ asbestos removal changes to mechanical and electrical systems.