DISTURBING ~ BURNING TREE MASTER ASSOCIATION BOARD IGNORES ADA REQUIREMENTS FROM THE DEPARTMENT OF JUSTICE FEDERAL MANDATE

The Burning Tree Master Association board of directors has only worried about the pool lift and has completely ignored the remainder of the federal requirements!! 

FINES BY THE DEPARTMENT OF JUSTICE FOR  VIOLATING (BY IGNORING) THE FEDERAL MANDATE

The Americans with Disability Act (ADA) Standards established specific rules concerning accessibility for handicapped individuals to facilities and pools. The ADA Act went into effect on March 15, 2012; with the exception of ADA approved pool lifts installation. According to the Department of Justice, the pool lift is the ONLY requirement that received an extension. All other aspects of the ADA Standards Act must be in compliance by the March 15, 2012 deadline. Failure to follow this federal law can have serious consequences, up to and including a $55,000.00 fine for the first violation, and $110,000.00 for the second.



UNITED STATES DEPARTMENT OF JUSTICE HAS ASSURED HOMEOWNERS THEIR COMPLAINTS ARE BEING INVESTIGATED
Several complaints have been filed with the United States Department of Justice concerning Burning Tree Master Association facilities. We have been assured these complaints are currently being investigated by the Department of Justice and HUD.

IS HAVING A "PLAN IN PLACE"  PROTECTION AGAINST FINES?
The board of directors have stated that all the Department of Justice requires of them is to have  “a plan in place”, so they assume don’t have to do anything now to make the facility accessible to those who are handicapped.  However,  the DOJ advised that any HOA board of directors using that as a defense must be able to “support the claim” (prove that they haven't had the money to do the work). 

In addition to the video (which you are urged to view) the Department of Justice has been receiving complaints  regarding Burning Tree Master Association's total disregard for the  ADA Standards of Accessible Design, which were effective March 15, 2012. (CONFIRMED WITH THE DEPARTMENT OF JUSTICE ON MAY 25, 2012 that these were required to be in place before the facilities was to open):

The DOJ mandate for ADA compliance deadline was not extended as the Burning Tree Master Association Board of directors will have you believe. Only the pool lift installation deadline was extended. 

The ADA 2010 Standards enforced by the Department of Justice Civil Rights has specific requirements. The following is a partial list of items that the Burning Tree Master Association Board of directors was required by the Department of Justice to have done BEFORE opening in May 2012.  $55,000.00 fine for the first violation, and $110,00 for the second violation.

1. location and number of accessible handicapped parking spaces and the number of those that must be van accessible
2. “level ground” for parking space and access aisle
3. parking space size for cars
4. access aisle space size
5. vans space size
6. "van accessible” and international symbol of accessibility  signs along with their placement and height
7. marking of the accessible route connecting each access aisle to accessible building entrances (Section 502.3)  
8. firm, stable, slip-resistant surface for accessible route with no steps or steeply sloped surfaces and adjoining each access aisle serving accessible parking spaces
9. the minimum clearance at the parking space, the adjacent access aisle and along the vehicular route to the space and vehicular exit.  
10. size of the access aisle next to the van parking space to permit a person using a wheelchair or scooter to exit or enter a van with a side-mounted lift along with the allowable slope of walking surfaces, 
11. compliance under 302 for floor and ground surfaces, Section 303.3- when changes in level (surfaces with slopes and to surfaces with abrupt rise requiring ramps,
12. turning spaces, for wheelchairs and other mobility devices, to maneuver in order to use doors, fixtures, and telephones. Such changes in level are prohibited in required clear floor and ground spaces, turning spaces, and in similar spaces where people using wheelchairs and other mobility devices must park their mobility aids such as in wheelchair spaces, or maneuver to use elements such as at doors, fixtures, and telephones. 
13. Floor or Ground Surfaces floor or ground surfaces along accessible routes and in accessible rooms and spaces must be stable, firm, slip-resistant, and comply with  section 302  of the 2010 Standards.
14. drinking fountains must be mounted at a height for wheelchair users to provide clear floor space for a forward approach with knee and toe clearance.
15. Dining Surfaces Section 226.1 of the 2010 Standards require that where dining surfaces are provided for the consumption of food or drink, at least five percent (5%) of the seating spaces and standing spaces at the dining surfaces comply with section 902. Section 902.2 requires the provision of accessible knee and toe clearance.
16. detectable warnings at transit platform edges sections 218, 810.5, 705.1, and 705.2   
17. handrails-where handrails are  provided along walkways that are not ramps, they shall comply with certain technical requirements.
18. one hundred percent (100%) of multiple single-user toilet rooms clustered in a single location are required to be handicapped accessible
19. water closet location 
20. rear grab bar specifications
21. toilet paper dispensers: location, size, delivery control and  continuous paper flow
22. lavatories installed adjacent to the water closet are prohibited from overlapping the clear floor space at water closets
23. toilet room with in-swinging doors cannot swing into the clear floor space required at any fixture. Section 603.2. 
24. Turning Space Section requirements to include knee and toe clearance complying with section 306. See http://www.access-board.gov/ada-aba/html/tech-03.html
25. Sinks-  technical requirements address clear floor space, height, faucets, and exposed pipes and surfaces.
26. Dressing rooms must be in compliance

AFTER READING THE ABOVE, IS BURNING TREE MASTER ASSOCIATION DOING ANYTHING TO BECOME ADA COMPLIANT OR ARE THEY STILL UNDER THE FALSE BELIEF THAT THEY ONLY MUST HAVE A PLAN IN PLACE?

Well, we certainly do not have the time to go through every violation (including those not even listed above, but here are a few the Department of Justice has received complaints about:

 Accessibility to the recreational facility from the parking lot is almost impossible for a handicapped person trying to access it in a wheel chair. The parking lot is gravel, then one must attempt to navigate a steep downhill pathway with no handrails to get to a concrete bridge built across a creek (which has no side safety rails) next the concrete pathway leading uphill to the recreational facility is steep and narrow. The gate cannot even be opened by a handicapped person.

Burning Tree Master Association believes a handicapped person could drive their vehicle from the parking lot across the bridge and  thru the double gates at the recreational facility, located to the left of the pedestrian gate. There is no room to park vehicles inside the fenced area of the recreational facility that is adequate for handicapped parking. Handicapped parking signs must follow the federal guidelines as to what it says, the height and placement of each sign. There is no ramp leading to the pool area gate from here and the area is not paved.   This area does not meet Federal standards. 

Further, the concrete used to support the bridge, the ONLY entrance to the recreational facility, may not have the compressive strength and supports necessary for vehicle use on a regular basis. The bridge does not have side safety rails to keep a vehicle or a person from falling six to seven feet into the dirty creek below. There is not low voltage lighting on the bridge for after dark assess. The culverts fill up with litter and stop the flow of the creek. The walk area from the bridge to the recreational facility is prone to flooding during heavy rains because of the lack of proper drainage. You sometimes have to wait for the water to subside, leaving no exit until it does. 

The parking lot is an open area; no parking spaces are marked and it is covered with gravel. There is no paving in the parking lot for the handicapped allowing them the ability to maneuver around without problems. There are two handicapped designated parking spaces for cars but no space for a van. 

Areas of Sport Activity  There is not a handicap accessible route connecting the recreational facility and the basketball courts, just an uneven steep downhill grassy area which is the only means of access. To get to the gate for the tennis courts from the basketball courts you must climb a very steep grassy embankment and open a narrow gate. There is another gate to the tennis courts located inside the enclosed pool area behind the pool slide; you must navigate the pool slide supports to reach this gate. The narrow gates and lack of a ramp make it non handicap accessible. 

Drinking Fountain   There is not a drinking fountain for persons who use wheelchairs. The drinking fountains are attached to the wall. 

Dining Surfaces  The eating area is not handicap accessible. There is a small concrete ramp too narrow to allow a wheelchair to enter the eating pavilion and there is a set of stairs. There is not sufficient knee and toe clearance for a wheelchair at the tables inside the eating area. 

Accessible Means of Entry to Wading pool.   The wading pool is enclosed by a fence,  the gate is not handicap accessible. 

Detectable Warnings There are no detectible warnings at transit platform edges which sound on contact from adjoining walking surfaces by a distinctively textured surface of truncated domes.  These help to assist someone with poor eyesight move around.    

Handrails along Walkways  The cement pathway after the bridge leading to the recreational facility and the pool area is steep and narrow, approximately two and a half feet wide, and does not have handrails or adequate lighting. The slope, width, and pitch of the pathway are not correct for the handicapped. 


Toilet Facilities Section 603.2.Turning Space Section to be either a circular space or a T-shaped space. Section 304.3 permits turning space to include knee and toe clearance complying with section 306. See http://www.access-board.gov/ada-aba/html/tech-03.html   

Lavatories and Sinks technical requirements address clear floor space, height, faucets, and exposed pipes and surfaces. The clear floor space at sinks is required to be positioned for a forward approach and knee and toe clearance to be provided under the sink. 

Dressing rooms are required to comply with the accessibility requirements of sections 222 and 803 of the 2010 Standards. Where these types of rooms are provided in clusters, five percent (5%) but at least one room in each cluster must comply. 

Service Counters The 2010 Standards, at section 904.4, contain technical requirements for service counters (such as where one would check in).  The nondiscrimination requirements of the ADA regulations require the level of service provided at the accessible portion of any service counter to be the same as the level of service provided at the inaccessible portions of the counter. 

Thresholds at Doorways 2010 Standards have requirements concerning the height of thresholds at all doorways that are part of an accessible route along with requirements for raised thresholds that exceed ¼ inch in height. 

IMPORTANT NOTE: According to the Department of Justice, these are the minimum requirements of the ADA. State and local government have the authority to adopt and enforce their own building codes, but must meet or exceed those contained in the ADA.

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ACCESSIBILITY TO THE INTERNET (Website is non-compliant)

The Americans with Disabilities Act (ADA) also covers accessibility to the Internet. Burning Tree Master Association website burningtreetulsa.com excludes the blind and the deaf from full and equal access and participation in using the Internet.

The Americans with Disabilities Act (ADA) requires covered entities to furnish appropriate auxiliary aids and services where necessary to ensure effective communication with individuals with disabilities. See 28 C.F.R. 36.303; 28 C.F.R. 35.160.  The policy ruling states that ADA Titles II and III require  the business sector to provide effective communication whenever they communicate through the Internet. The effective communication rule applies to covered entities (an HOA is since it is considered a public accommodation since memberships are sold) using the Internet for communications regarding their programs, goods or services since they must be prepared to offer those communications via an accessible medium.

Those who have a disability and attempt to access a Web site are entitled to equal access as are any other members of the public.

Further, Burning Tree Master Association offers Paypal on their site. How does the Burning Tree Master board of directors expect a person with low vision to access it, so they are treated the same as anyone else?) People who are blind or deaf and others with different disabilities may also have a problem with accessing the information.

United States Department of Justice Policy Ruling, 9/9/96: ADA Accessibility Requirements Apply to Internet Web Pages 10 NDLR 240 In an opinion letter dated September 9, 1996, The U.S. Department of Justice stated that:      “Covered entities under the ADA are required to provide effective communication, regardless of whether they generally communicate through print media, audio media, or computerized media such as the Internet. Covered entities that use the Internet for communications regarding their programs, goods, or services must be prepared to offer those communications through accessible means as well.”

According to a 1996 settlement letter from The Office of Civil Rights of the United States Department of Education (OCR): [T]he issue is not whether the [person] with the disability is merely provided access, but the issue is rather the extent to which the communication is actually as effective as that provided to others.


WERE YOU AWARE THAT OKLAHOMA IS ONE OF THE MANY STATES WITH THEIR OWN LAWS ABOUT THIS VERY ISSUE?

Oklahoma IT Accessibility Legislation and Resources - Oklahoma IT IT accessibility laws,  legislation, issuing executive orders, and writing policies.

The State of Oklahoma passed HB 2197 in 2004 for the provision of electronic and information technology accessibility. Oklahoma's EITA law reflects an ongoing commitment to provide access to information resources and technologies to individuals with disabilities.   Oklahoma Statute: Title 62 Section 34.28, Section 34.29 ,and Section 34.30

The United States Access Board (a.k.a. Architectural and Transportation Barriers Compliance Board) is an independent federal agency created that is responsible for guideline development under (1) Section 508 of the Rehabilitation Act, (2) The ADA, (3) The Telecommunications Act of 1996 and (4) The Architectural Barriers Act.   For more information about this, see http://www.access-board.gov/notices/eitaac.htm. 

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The Virginia Graeme Baker Pool and Spa Safety Act (separate from the ADA 2010 Standards) is also a FEDERAL requirement. The Virginia Graeme Baker Pool and Spa Safety Act falls under the Department of Justice ~ U.S. Consumer Product Safety Commission. The act which went into effect on Dec. 19, 2008 requires federally approved covers, which are domed instead of flat, to prevent swimmers from being trapped under water by drain suction. The pool must be drained down in order to install in the pool and wading pool. The U.S. Consumer Product Safety Commission now requires additional safeguards in place by May 28, 2012 and no pool should open without this safeguard.  


However, no preparations have been made by the BTMA to comply with the Virginia Graeme Baker Pool and Spa Safety Act.
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UPDATED!  SEE ALSO THE ARCHITECTURAL BARRIERS ACT
WHICH IS NOT THE SAME AS THE ADA MANDATE!
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Much of the above information was condensed from alongthebeatenroad.  Please click to go there to see the REST OF THE STORY.

Also be sure to read: why the Vice-President of Burning Tree Master Association (who clearly understood what was going on) resigned