(A) No qualified person with disabilities shall, because of inaccessibility to or unusability of the city or its contractors facilities, be denied the benefits of, be excluded from participation in, or otherwise be subjected to discrimination under any program or activity to which this section applies.
(B) The city and its contractors shall operate each program or activity to which this section applies so that the program or activity, when viewed in its entirety, is readily accessible to people with disabilities. This section does not require that every existing facility or every part of a facility be made accessible to and usable by people with disabilities.
(C) The city and its contractors may comply with the requirement of division (B) through such means as redesign of equipment, reassignment of classes or other services to accessible buildings, assignment of aides to beneficiaries, home visits, delivery of health, welfare, or other social services at alternate accessible sites, alteration of existing facilities and construction of new facilities in conformance with federal and state requirements or any other methods that result in making programs and activities accessible to people with disabilities. Structural changes in existing facilities are not required where other methods are effective in achieving compliance with division (B). In choosing among available methods for meeting the requirement of division (B) priority shall be given to those methods that offer programs and activities to people with disabilities in the most integrated setting appropriate.
(D) In the event that structural changes to facilities are necessary to meet the requirements of division (B), a transition plan shall be developed within six months of the effective date of this subchapter setting forth steps necessary to complete such changes. A copy of the transition plan shall be made available for public inspection. The plan shall, at a minimum:
(1) Identify physical obstacles in facilities that limit the accessibility of programs or activities to people 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 full program accessibility and, if the time period of the transition plan is longer than one year, identify steps that will be taken during each year of the transition period; and
(4) Indicate the person responsible for implementation of the plan.
(E) Procedures will be adopted and implemented to ensure that interested persons, including persons with impaired vision or hearing, can obtain information as to the existence and location of services, activities, and facilities that are accessible to and usable by people with disabilities.
(F) Each facility or part of a facility constructed by, on behalf of, or for the use of the city or its contractors shall be designed and constructed in such manner that the facility or part of the facility is readily accessible to and usable by people with disabilities.
(G) Each facility or part of a facility which is altered by, on behalf of, or for the use of the city or its contractors in a manner that affects or could affect the usability of the facility or part of the facility shall, to the maximum extent feasible, be altered in such manner that the altered portion of the facility is readily accessible to and usable by people with disabilities.
(H) Design, construction, or alteration of facilities in conformance with the American National Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by, the Physically Handicapped published by the American National Standards Institute, Inc. shall constitute compliance with divisions (B) and (C). Departures from particular requirements of those standards by the use of other methods shall be permitted when it is clearly evident that equivalent access to the facility or part of the facility is thereby provided.
(Ord. 2005-22, passed 8-9-05)