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Home My WebLink About25-96 RESOLUTION• • • RESOLUTION NO. 25-96 A RESOLUTION REQUIRING OWNERS APPLYING FOR COMMERCIAL BUILDING PERMITS TO ACKNOWLEDGE THEIR AWARENESS OF ADA ACCESSIBILITY GUIDELINES AND SOUTHERN STANDARD BUILDING CODE ACCESSIBILITY STANDARDS AND THE CONSEQUENCES OF FAILING TO MEET SUCH STANDARDS AND GUIDELINES; AND TO REQUIRE ALL COMMERCIAL BUILDING PERMIT PLANS TO INDICATE COMPLIANCE WITH ACCESSIBILITY GUIDELINES. WHEREAS, the City of Fayetteville is committed to the goal of the Amencans with Disabilities Act (ADA) to provide a physically accessible environment for all of its citizens; and, WHEREAS, the City recognizes that the ADA provides guidelines for accessibility to places of public accommodations and commercial facilities enforceable either through private lawsuits or enforcement efforts of the U.S. Department of Justice; and, WHEREAS, the City has sought to enforce accessibility standards through the provisions of the Southern Standard Building Code; and, WHEREAS, the City recognizes that non-compliance to applicable accessibility standards continues to be a problem; and, WHEREAS, the City believes that owner awareness of accessibility standards coupled with construction plans reflecting compliance with accessibility guidelines will substantially reduce such non-comphance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the owners of all property who apply for a building permit for commercial facilities acknowledge their awareness of ADA Accessibility Guidelines and Southern Standard Building Code Accessibility Standards and the consequences of the failure to meet these guidelines and standards by signing a notice in substantially the same form as Exhibit A attached hereto and made a part hereof. Section 2. That all construction plans submitted including site drawings for review required prior to receiving a building pernut for commercial facilities shall indicate designs with details to comply with accessibility guidelines as required for people with physical disabilities and all plans requiring architect/engineer drawing shall contain certification from the architect and/or engineer that they comply with all applicable ADAAG and Southern Standard Building Code Accessibility Standards. • • Page 2 Resolution No. 25-96 PASSED AND APPROVED this2Othday of February , 1996. a Traci Paul, City Clerk �.... It. J1.1 APPROVED: By: >t.. F anna, ayor • • • • IMPORTANT NOTICE I have been informed by the Fayetteville Inspection Division that I must comply with the Americans with Disabilities Act of 1990 (ADA), Public Law 101-336. Copies of the "ADA Accessibility Guidelines" are available free of charge from the City's ADA Coordinator, Phyllis Rice, Room 317, City Hall. I understand that it is my responsibility to make sure that the ADA Accessibility Guidelmes for Buildings and Facilities (ADA Handbook; Appendix B, ADA Accessibility Guidelmes) will be applied during the design, construction, and alteration of the buildings and facilities to the extent required by regulation. I am aware that my failure to comply with ADAAG regulations may result in private lawsuits, and/or actions by the Attorney General of the United States for monetary damages and civil penalties. The City of Fayetteville has no authonty to waive ADA requirements. I am informed that the failure to abide by ADAAG guidelines and Chapter 11 of the 1994 Southern Standard Building Code may result in the denial of a Certificate of Occupancy until appropriate remedial work is undertaken. I further understand that the City of Fayetteville's building code inspectors enforce Chapter 11 of the 1994 Southern Standard Building Code and that these regulations will be applied and enforced dunng the design, construction and/or alteration of the building and facilities. Pnnted Name of Owner Address Phone No. Signature Date *For additional information, contact: Office on the Americans with Disabilities Act Civil Rights Division U. S. Department of Justice P.O Box 661.18 Washington, D.C. 20035-6118 (202) 514-0301 (voice) (202)514-0383 (TDD) (202)514-6193 (Electronic Bullentin Board) RESOLUTION NO. 25-96 A RESOLUTION REQUIRING • WNERS .APPLYING .FOR COMMERCIAL - BUILDING. PERMITS.. TO ACKNOWL= EDGETHEIRAWARENESS OF: ADA ACCESSIBILITY GUIDE-` LINES AND SOUTHERN' • STANDARD BUILDING CODE: ACCESSIBILITY STANDARDS! AND THE CONSEQUENCES, OF FAILING TO MEET SUCH'. STANDARDS AND GUIDE -f LINES; AND TO REQUIRE ALL COMMERCIAL BUILDING PERMIT PLANS TO INDICATE COMPLIANCE WITH ACCES- SIBILITYGUIDELINES: ' 'WHEREAS, the City- of Fayetteville is committed to• the goal of the Americans with DisabilitieVAct (ADA) to pro -ii vide -a physically accessible' environment for all of its citi-' zens; and, ▪ WHEREAS, the City recog- 1 • 1 nizes that the ADA provides" guidelines for accessibility to places of public accommoda-' t :tions and commercial facili-I ties: = enforceable "either'. through the provisions of the Southern Standard Building Code; and, - WHEREAS, [he City has sought to enforce accessibili- ty standards Through the prol visions of the Southern Stan - t dard Building Code; and, .,WHEREAS, the City rec-I cognized that non-compliance to applicable accessibility `standards continues to be a Problem; and, WHEREAS, the City believes 1 that owner awareness of ac- cessibility standards'coupled with construction plans re-! 4 fleeting compliance with ac-. cessibility guidelines will!' substantially reduce such ' non-compliance. • I 1NOW, THEREFORE, BE IT RESOLVED BY THE CITY; COUNCIL OF THE CITY • OF FAYETTEVILLE, ;-ARKANSAS:. PI 1 Secron 1 That the owner's oft all.property who apply for a commer-1 permit for tialfacilities acknowledge' their awareness of ADA Ac: cessibility Guidelines and Southern Standard Building'' Code Accessibility Standards and the consequences of the'' failure to meet these guide-' lines and standards by sign'• - ing a notice in substantially the same form as Exhibit A at-, tached hereto and made a', part hereof. • SBLtlon2-That all construe - tion -plans submitted includ- ing site drawings for review re- quired prior to receiving a building permit for commer- I cia( facilities shall indicate designs with details to comply; with accessibility guidelines' as 'required for people with` physical disabilities and all plans requiring architect/en- gineer drawing shall contain certification from the'archl-' tett and/or engineer that they - .comply with all applicable ADAAG and Southern Stan- dard • Building Code Acces-1 - sibility Standards. ' PASSED AND AP- PROVED this 20th day of Fe bruary, 1996. APPROVED: By: Fred Hanna, Mayor 1 1 1 • STATE OF ARKANSAS County of Washing 1, • hereby cer- tify that I am the pub sl er of THE NORTHWEST ARKANSAS TIMES, a daily newspaper having a se nd class mailing privilege, and being not less than four pages of five columns each, published at a fixed place of business and at a fixed (daily) intervals continuously in the City of Fayetteville, County of Washington, Arkansas for more than a period of twelve months, circulated and distributed from an established place of business to subscribers and readers generally of all classes in the City and County fora definite price for each copy, or a fixed price per annum, which price was fixed at what is considered the value of the publication, based upon the news value and service value it contains, that at least fifty percent of the subscribers thereto have paid cash for their subscriptions to the newspaper or its agents or through recognized news dealers over a period of at least six months; and that the said newspaper publishes an average of more than forty percent news matter. I furthe cc af' that the legal notice hereto attached in the matter of .V%lU6111/ V #- GO ---96 was published in the regular daily issue of said newspaper for consecutive insertions as follows: The first insertion on the 1 a7dayofl9 the second insertion on the W day of 19 the third insertion on the day of 19 and the fourth insertion on the day of 19 RECEIVttee MAR 0 1 1996 FINANCE DEPT. Sworn to and sub cribed before me on this ublisher / General ager day of My Commission Expires: 03 Fees for Printing Cost of Proof Total $ 11931 $ 11C31• Notary Public Scczcacc cccauucccccccccccucas t Wilma McDowell r C9otary Public, State of Arkansas Benton County ,t Ct My Commission Expires 07/25/05'( C CC Clllltlllllll.i.M.WlllKlV.M.k. .Sk ATTEST. +�� ByfTreePPaul,Ciry, .,