Compliance

What is the Americans with Disabilities Act (ADA)

The Americans with Disabilities Act (ADA) plays a role in FEMA's Public Assistance (PA) program to ensure disaster recovery efforts are inclusive and accessible to all. Here's a breakdown of the key requirements:

Accessibility of Repaired or Replaced Facilities:

  • When FEMA provides funding to repair or replace a public facility (building, park, infrastructure) damaged in a disaster, the ADA requires that the facility must be accessible to and usable by people with disabilities.
  • This applies whether or not the facility was accessible before the disaster.

Funding for ADA Compliance:

  • FEMA will provide funding for ADA compliance measures associated with the repaired or replaced elements of the damaged facility.
  • This includes features like:
    • Ramps
    • Accessible restrooms
    • Braille signage
    • Lowered countertops

Limits on ADA Funding:

  • There might be limitations on funding for ADA compliance measures that are not directly related to the damaged elements.
    • For example, FEMA might not cover  upgrading an entire bathroom to meet ADA standards if only a minor fixture was damaged.

Pre-Disaster Accessibility Not a Requirement:

  • FEMA funding for ADA compliance is not contingent on the pre-disaster accessibility of the facility.

Additional Considerations:

  • FEMA policies distinguish between repairs to existing facilities and entirely new construction projects.
    • New facilities funded by FEMA must meet all current ADA standards, regardless of the disaster.
  • FEMA's Office of Disability Integration and Coordination (ODIC) offers resources and guidance on incorporating ADA considerations into disaster recovery efforts.

Finding More Information:

Remember, FEMA regulations can be complex.  It's always recommended to consult directly with FEMA or your state emergency management office for the latest information on ADA requirements  specific to your PA project.

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Compliance

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