525 R.I. Code R. 525-RICR-10-00-2.11

Current through November 7, 2024

Section 525-RICR-10-00-2.11 - Barrier Removal in Existing Facilities

2.11.1 State ADA/504 Transition Plan - RI Capital Budget Request for Accessibility

A. In the event that structural changes in facilities are undertaken to comply with a state government entity's obligations to achieve program accessibility, the Commission's Accessibility Committee shall:

1. Develop and periodically revise the state's ADA/504 Transition Plan for the removal of environmental and communication barriers; and

2. Submit the RI Capital Budget Request for Accessibility to the Capital Development Committee annually.

B. The RI Department of Transportation, and any other state agency that has responsibility or authority over streets, roads, or walkways, shall submit, for to the Governor's Commission on Disabilities for inclusion in the State's ADA/504 Transition Plan. A schedule for providing curb ramps or other sloped areas where pedestrian cross curbs, giving priority to walkways serving entities covered by the Americans with Disabilities Act, including state and local government offices and facilities, transportation, places of public accommodation, and employers, followed by walkways serving other areas.

C. The transition plan shall, at a minimum -

1. Identify physical obstacles in the State of Rhode Island's facilities, that limit the accessibility of its program or activities to individuals with disabilities;

2. Describe in detail the methods that will be used to make the facilities accessible;

3. Specify the schedule for taking the steps necessary to achieve compliance with this section and, if the time period of the transition plan goes beyond January 26, 1993, identify steps that will be taken during each year of the transition period.

D. The Commission's Accessibility Committee must review the status of program and employment accessibility in state owned facilities at least once every five (5) years. The Accessibility Committee identifies all state owned facilities that do not conform to the accessibility for people with disabilities standard. Then the Accessibility Committee, with input from the state entities occupying the facilities, identifies all programs and employment opportunities that are inaccessible. Comments from organizations representing individuals with disabilities and consumers (individuals with disabilities) of the services offered in those facilities are solicited. The Committee must use the following criteria to determine the priority of renovations:

1. Group I. Facilities and Systems housing programs providing direct services primarily to people with disabilities and facilities utilized for open meetings and judicial facilities;

2. Group II. Facilities and Systems housing programs that provide a direct service to the General Public; and

3. Group III. Facilities and Systems housing administrative and support services that could, if accessible, expand employment opportunities for workers with disabilities. Within each group, facilities are prioritized using the following criteria:

a. Significance of service (would it be frequented more than another);

b. Incidence of use;

c. Unique service;

d. Duplication of services elsewhere;

e. Life-sustaining services;

f. Effect on quality of life;

g. Geographic criteria or regionalization; and

h. Service could be rendered by an adjoining office or elsewhere in the facility.

4. The Committee then must consider the potential for operating funds being used to complete renovations (for maintenance or repair of existing access improvements, low cost renovations or equipment with a short life cycle).

5. The Committee must prepare a priority list of renovation projects and submits it to the Governor's Commission on Disabilities.

6. The Commission then must approve or modifies the list and transmits the list to the Governor for implementation as part of the state's capitol development plan.

E. Awarding Projects:

1. The Commission's Accessibility Committee must annually inform the state agency(ies) occupying the facility(ies) to be renovated of the maximum amount available, the specific facilities or parts of facilities as well as the nature of the renovations approved, the time-period in which the project's funding is available and the options for project management. The Accessibility Committee annually revises the ADA/504 Transition Plan and RI Capital Budget for Accessibility (in June/July). Projects not on-schedule could be de-obligated and the remaining fund balance transferred to other agencies that demonstrate the ability to complete projects on time.

2. The Accessibility Committee shall issue a ADA Renovation Grant Award letter to the state agency that includes: the specific renovation project number, the award amount (less contingency) by fiscal year(s), the method of payment.

525 R.I. Code R. 525-RICR-10-00-2.11