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HomeMy WebLinkAboutCS 51-12 Caq °� Report to Council PICKERING Report Number: CS 51-12 Date: November 19, 2012 From: Everett Buntsma Director, Community Services Subject: Final Proposed Amendments to the Integrated Accessibility Standards, Ontario Regulation 191/11 within the Accessibility for Ontarians With Disabilities Act, 2005 - City of Pickering Response - File: A-1440 Recommendation: 1. That Report CS 51-12 regarding Final Proposed Amendments to the Integrated Accessibility Standards, Ontario Regulation 191/11 — City of Pickering Response be received; 2. That the City of Pickering be authorized to forward Report CS 51-12 to the Ministry of Community and Social Services as the City of Pickering's response; 3. That the Accessibility Directorate be requested to clarify language regarding Definitions and Exceptions; 4 That the Accessibility Directorate be requested to review and clarify municipal requirements for exterior paths of travel, reporting and consultation; and 5. That the Province of Ontario be urged to provide funding to assist municipalities with the Implementation Standards under the Accessibility for Ontarians with Disabilities Act, 2005. Executive Summary: On August 15, 2012, the Ministry of Community and Social Services released the final proposed amendments to the Integrated Accessibility Regulations (IAR) Ontario Regulation 191/11 for public review and response. The purpose of the Accessibility Standards for the Built Environment is to remove barriers to public spaces. The standards will apply to new construction and redevelopment that is three years from the date the regulation is enacted (which is expected to be December 2013). The proposed draft Built Environment Accessibility Standard is specific to the Design of Public Spaces and includes the following: • • Recreational trails • Beach access trails Report CS 51-12 November 19, 2012 Subject: City of Pickering Staff Response: Final Proposed Amendments to the Integrated Accessibility Standards Page 2 • Outdoor public use eating areas • Outdoor play spaces • Exterior paths of travel • Accessible pedestrian signals • Accessible parking • Obtaining services • Maintenance • Exceptions • Consultation process • Accessibility reporting Since its public release, the Final Proposed Amendments to the Integrated Accessibility Standards was reviewed by the Accessibility Advisory Committee, the Accessibility Plan Core Staff Team and other relevant staff from various City Departments. The City of Pickering has prepared a response within this report. In summary, the City of Pickering response requests the clarification of definitions and exceptions; a review and clarification of municipal requirements for exterior paths of travel, reporting and consultation; and the need for provincial funding to support municipal efforts for compliance. These staff recommendations are still under review by the Accessibility Advisory Committee but, since time is of the essence, these preliminary recommendations from technical staff should be forwarded to the Ministry now. Please note that the official 45 day review period ended on October 1, 2012 and was determined to be insufficient for City of Pickering and the Accessibility Advisory Committee to prepare an informed response by the proposed deadline. Financial Implications: The Final Proposed Amendments to the Integrated Accessibility Standards apply to public spaces that are not regulated under the Ontario Building Code. These regulations will have an impact on the City's capital projects and will need to be integrated into the five year capital budgets that have already been established. As design and construction standards are raised, there will be an accompanying increase in the capital cost of development and re-development projects. An increase in repair and maintenance activities will also be required for the finished infrastructure. This will result in increased operating costs for the municipality. An example of this will be the increased capital cost involved in meeting grade requirements for trails, as well as the design, production and installation of the required descriptive signage. Once complete, staff monitoring levels of the trail and of trail signage will be necessary to maintain its accessibility features. This again will result in increased staff and material costs. CORP0227-07/01 revised Report CS 51-12 November 19, 2012 Subject: City of Pickering Staff Response: Final Proposed Amendments to the Integrated Accessibility Standards Page 3 In summary, the financial implications to achieve compliance with the Accessibility Standards for the Built Environment are unknown and the Ministry has not developed a resource toolkit to assist municipalities to measure the financial impact. Discussion: In 2001, the Province of Ontario enacted legislation called the Ontarians with Disabilities Act, 2001 (ODA). The purpose of the Act was to further the participation of persons with disabilities within the Province. From that time, the City of Pickering began a process for the identification, removal and prevention of barriers for persons with disabilities and made such plans available to the public within its Annual Accessibility Plan. The Accessibility for Ontarians with Disabilities Act, (AODA, 2005) was proclaimed in 2005. This Act outlined specific accessibility standards to ensure full participation for persons with disabilities. Under the AODA, 2005, there were five accessibility standards outlined: • Customer Service • Information and Communication • Employment • Transportation • The Built Environment Implementation of these accessibility standards aims to provide full accessibility in daily living for persons with disabilities by the year 2025. The first standard to become law was the Customer Service Standard. The City of Pickering met full compliance with its requirements by January 1, 2010. This included adopting a policy for Accessibility Standards for Customer Service in December 2008 and subsequent training of all City employees and volunteers, as well as implementation of procedures to ensure accessible customer service throughout City departments, services and programs. The Standards for information and communications, employment, and transportation were legislated in 2011 as the Integrated Accessibility Standards, Ontario Regulation 191/11. The City of Pickering created a Five Year Accessibility Plan (2012-2016) in early 2012 that positions the municipality to meet the municipalities' responsibility to produce an accessibility plan as identified under the ODA and to meet compliance with the accessibility standards as identified under the AODA. On August 15, 2012, the Ministry of Community and Social Services released a draft of the design of public spaces for the Built Environment Standards which is the final accessibility standard under the Accessibility for Ontarians with Disabilities Act, 2005. The legislation applies to future design of new or redeveloped spaces and will be in effect as of January 1, 2016. CORP0227-07/01 revised Report CS 51-12 November 19, 2012 Subject: City of Pickering Staff Response: Final Proposed Amendments to the Integrated Accessibility Standards Page 4 Design of Public Spaces Standards: The design of Public Spaces Standards (Accessibility Standards for the Built Environment) includes the following elements to be considered: • Recreational trails • Beach access trails • Outdoor public use eating areas • Outdoor play spaces • Exterior paths of travel • Accessible pedestrian signals • Accessible parking • Obtaining services • Maintenance • Exceptions • The consultation process • Accessibility reports Please note that this draft will be followed by updates to the Ontario Building Code (OBC) which will govern accessibility of the interior of developments. Since its public release, the Final Proposed Amendments to the Integrated Accessibility Standards was reviewed by the Accessibility Advisory Committee, the Accessibility Plan Core Staff Team and other relevant City staff from various departments. The City of Pickering has prepared the following response. City of Pickering Response: Ontario Building Code: With the introduction of the proposed amended regulation, there is confusion by the number of statutes and regulations relating to persons with disabilities and accessibility issues. This is particularly evident with regards to the Ontario Building Code (OBC). Two major pieces of legislation now deal directly with accessibility and the built environment. One consolidated resource for all accessibility criteria may be clearer. The Obtaining Services section makes reference to requirements for both outdoors and within buildings. However, the OBC already addresses barrier-free design requirements for buildings. It would seem to make more sense to exclude building related provisions completely from the draft standard or consolidate all requirements as indicated above. Within the present Ontario Building Code, the Chief Building Officer (CBO) of the municipality is empowered to establish operational policies to enforce the OBC and the respective Act. Specifically, the CBO determines whether or not construction associated with a building permit complies with the Code. It is not clear in the draft document who CORP0227-07/01 revised Report CS 51-12 November 19, 2012 Subject: City of Pickering Staff Response: Final Proposed Amendments to the Integrated Accessibility Standards Page 5 the ultimate authority would be to interpret when exemptions may apply or when compliance of the standards has been achieved. This needs to be clarified. Definitions: To provide a clear understanding by the municipality of its obligations when undertaking capital projects, clarification will be required between "maintenance" and "re- development" activities. The distinction as described in the definition is unclear. In addition, there is also no clear indication as to who makes this interpretation. Case studies would be helpful as examples to determine where regular maintenance activities end and re-development begins. This distinction is important when planning the budgets for these capital projects as redevelopment projects must meet the requirements of the new standards whereas there is an exemption for maintenance projects. The full cost of these improvements may go beyond simply implementing the new standards and this may be due to existing conditions that pose a substantial challenge to providing barrier free accessibility. Therefore, it is important to understand what constitutes redevelopment through examples\case studies to avoid improper design in our construction projects. Technical Requirements for Recreational Trails Guidelines require signage at the "start' of the trail. Many of the trails within the municipality are not planned with a single starting point, but multiple access points. In some instances, an accessible ramp may be in close proximity to a stairway, both of which lead to the same point. It is suggested that a term such as "accessible access . point" be used rather than "start". Exceptions to the Requirements for Recreational Trails & Beach Access Routes and to the Requirements for the Exterior Paths of Travel Exceptions in the proposed regulation include properties in which the heritage attributes, as defined under the Ontario Heritage Act, would be eroded. The examples listed do not seem to consider municipally owned heritage museums that receive funding from the Ministry of Tourism, Culture & Sport through the Community Museums Operating Grant program. The City of Pickering owns and operates the Pickering Museum Village which is a living history museum funded, in part, by the Ministry through this grant program. And the exception to community museums should be afforded in this section. This needs to be clarified. Exterior Paths of Travel General: • Clarification is required within the proposed requirements of"exterior paths of travel" that includes the proposed requirement to install tactile walking surface indicators at every pedestrian crossing. There is no product recommendation or specified treatment indicated. This needs to be clarified. In addition, the proposed Rest Area requirements on exterior paths of travel require clarification. Recreational Trails are given as an example within the regulation, but it is not clear as to whether they should appear within CORP0227-07/01 revised Report CS 51-12 November 19, 2012 Subject: City of Pickering Staff Response: Final Proposed Amendments to the Integrated Accessibility Standards Page 6 City Right-of-Way, and if so, is street furniture elements are required. This needs to be clarified. Also, the Province currently issues Ontario Provincial Standards Drawings (OPSD) for most engineering infrastructure installation scenarios. It is recommended that these IAS standards be supported with illustrated drawings. Exterior Paths of Travel (80.22) Specific changes and points of clarification are recommended in the language and application of this section and they include: • Item 3 — should read "minimum" clear width of 1500mm • Item 3 — recommend not reduce the exterior path connecting to curb ramp to 1200mm, but to keep the connection at a "minimum" clear width of 1500mm • Item 4 — recommend an illustration as to how the height barrier be designed • Item 5 — indicates a maximum running slope of 5%, but also allows maximum running slopes to match adjacent roadway slope. This can be upwards of 5-8%. Is that acceptable for residents with disabilities? This needs to be clarified. • Item 6 — indicates a maximum cross slope of 2%. This is unrealistic, especially in reconstruction or maintenance applications. This needs to be clarified. • Item 7 - recommend an illustration as to how the changes in level • Item 8 — recommend a wider opening from 850mm to 1200mm. Opening should be wide enough to allow various mobility aids. Exterior Paths of Travel, Depressed Curbs (80.26) Specific changes and points of clarification are recommended in the language and application of this section and they include: • Item 2 — should read " as a minimum" aligned with the direction of travel • Item 3 — installing "tactile walking surface" at pedestrian intersections will be problematic. Currently blind lines are embedded in the concrete. There is a concern that having the surface too tactile will interfere with small wheel mobility aids and strollers. This recommendation will need both illustration and clarification. • There also needs to be more details added under the depressed curb category. Where there is a bi-directional crossing (ie intersections), an additional "landing area" needs to be added, to facilitate mobility aids coming from one direction and turning perpendicular to another. Accessible Parking The provisions dictating the number of accessible parking spaces will most likely require an amendment to the City's Traffic & Parking By-law section that specifies the number of accessible spaces required to comply with the legislated changes. CORP0227-07/01 revised Report CS 51-12 November 19, 2012 Subject: City of Pickering Staff Response: Final Proposed Amendments to the Integrated Accessibility Standards Page 7 Accessibility Reports Clarification is needed on the reporting requirements. This proposed regulation requires a report to be filed with a director every two years as of December 31, 2013. Will this requirement repeal the annual reporting requirements under the ODA, 2001? Multiple reporting requirements (ODA vs. AODA vs. ISA) will be confusing and unreasonable. With the introduction of the AODA and the IAS, it is appropriate to repeal the ODA. Without it, municipalities must continue to implement both the ODA and AODA/IAS simultaneously which overlap staff and financial resources. The Consultation Process The Ministry of Community and Social Services should provide clarify to the consultation requirements listed in each section of the draft regulation. The City is constantly pressured to expedite review of building permit and site plan applications. It may be too onerous and redundant to obligate municipalities to consult with the municipal accessibility advisory committee, the public, and persons with disabilities. It is understood that the advisory committee represents the public and persons with . disabilities. This group alone should be sufficient. The wording in the standard should say "Municipalities must consult with their municipal accessibility advisory committees, where one has been established in accordance with subsection 29(1) or (2) of the Act. Where an advisory committee has not been established, the municipality must consult with the public and persons with disabilities." The City of Pickering has established a practice of consulting with its Accessibility Advisory Committee (AAC) on major City projects. The proposed new standard will require that the City consult with the AAC on every new development or redevelopment project, no matter what its scale. This would be excessive and not a good use of staff or Committee resources. Greater clarity should be provided respecting the nature or scale/nature of development that requires consultation with the AAC. If consultation with the broader public and persons with disabilities is required, it is not clear how that consultation is to be undertaken. There is no clear direction on an acceptable form of consultation (i.e. newspaper ads, website postings, etc), extent of public consultation (i.e. notification radius) or a specific requirement regarding mandatory timeframes for the consultation process (i.e. response times and length of consultation process). We recommend that where a municipality has an established municipal accessibility committee, that this group be the only group required to be consulted in matters of accessibility in the design of public spaces particularly where a municipal project is not subject of an environmental assessment. CORP0227-07/01 revised • Report CS 51-12 November 19, 2012 Subject: City of Pickering Staff Response: Final Proposed Amendments to the Integrated Accessibility Standards Page 8 General Comments: Municipalities will benefit from the financial assistance from the Ministry in order to implement these regulations. The Province should be an active funding partner in order to support municipalities in achieving compliance within a comprehensive accessibility legislation which will require human resources and financial investment. Attachments: 1. The Final Proposed Amendments to the Integrated Accessibility Standards Prepared By: Approved/Endorsed By: P Marisa Carpin. Everett Bunstma Manager, C e & Recreation Director, Community Services MC:Ig Recommended for the consideration of Pickering City uncil' i ,/ 1 / liar. 14, 2012 Tony Prevedel, P.Eng. Chief Administrative Officer CORP0227-07/01 revised ATTACHMENT# TO REPORT# CS 5 ( — 2- Disclaimer: This draft regulation is provided solely to facilitate public consultation under subsection 39 (4) of the Accessibility for Ontarians with Disabilities Act, 2005. Should the decision be made to proceed with the proposal, the comments received during consultation will be considered during the final preparation of the regulation. The content, structure, form and wording of both language versions of the draft regulation are subject to change as a result of the consultation process and as a result of review, editing and correction by the Office of Legislative Counsel. Ontario Regulation made under the Accessibility for Ontarians with Disabilities Act, 2005 Amending O. Reg. 191/11 (Integrated Accessibility Standards) Note: Ontario Regulation 191/11 has not previously been amended. 1. Subsection 1 (1) of Ontario Regulation 191/11 is revoked and the following substituted: Purpose and application (1) This Regulation establishes the accessibility standards for each of information and communications, employment, transportation and the design of public spaces. 2. Section 2 of the Regulation is amended by adding the following definition: "mobility aid" means a device used to facilitate the transport, in a seated posture, of a person with a disability; ("aide a la mobilite") 3. (1)Clause 4 (3) (a) of the Regulation is amended by adding "including steps taken to comply with this Regulation" at the end. (2) Section 4 of the Regulation is amended by adding the following subsections: (3.1) Two or more designated public sector organizations who are required to comply with the requirements with respect to accessibility plans set out in subsection (1) may prepare a joint accessibility plan. 1 (3.2) A joint accessibility plan prepared in accordance with subsection (3.1) is deemed to be the accessibility plan of each designated public sector organization to which it applies and subsections (2) and (3) apply, with necessary modifications, where designated public sector organizations prepare a joint accessibility plan. 4. Subsection 18 (1) of the Regulation is revoked and the following is substituted: Libraries of educational and training institutions (1) Subject to subsection (2) and where available, the libraries of educational or training institutions that are obligated organizations shall provide, procure or acquire by other means an accessible or conversion ready format of print, digital or multimedia resources or materials for a person with a disability who is a student of the educational or training institute, upon request. 5. (1)Subsection 26 (1) of the Regulation is amended by striking out "consult with the employee to" in the portion before clause (a). (2) Subsection 26 (2) of the Regulation is amended by adding "In meeting its obligations under subsection (1)," at the beginning. 6. The definition of "mobility aid" in section 33 of the Regulation is revoked. 7. Subsections 49 (1), (2), (3) and (4) of the Regulation are amended by striking out "courtesy seating" wherever it appears and substituting in each case "priority seating". 8. Section 52 of the Regulation is amended by adding the following subsections: (3.1) Where a conventional transportation system provider provides electronic on-board announcements under clause (2) (a), the conventional transportation provider is not required to provide the same information verbally under subsection (1). (4.1) Despite subsection (4), subsection (1) does not apply to subways, light rail, commuter rail and inter-city rail. 9. Clause 53 (1) (c) of the Regulation is amended by striking out "courtesy seating" and substituting "priority seating". 2 10.Subsection 56 (1) of the Regulation is amended by striking out "courtesy seating" and substituting "priority seating". 11.Section 78 of the Regulation is amended by adding the following subsection: (3.1) Despite subsection (3), a municipality shall limit the participation of the person in the consultation and planning to the extent that is necessary to prevent the person from obtaining an unfair advantage in future bidding for new contracts with the municipality. 12.The Regulation is amended by adding the following Part: Part IV.1 Design of Public Spaces Standards (Accessibility Standards for the Built Environment) Definitions, Application and Schedule Definitions 80.1 In this Part, "amenities" mean items that are conveniences or services that are usable by the public, examples of which include drinking fountains, benches and garbage receptacles; ("commodites") "beach access routes" means routes that are intended for public pedestrian use and that provide access to a beach recreational level from off-street parking facilities, recreational trails, exterior paths of travel and amenities; ("voie accessible") "bevel" means a small slope that helps an individual in a mobility aid negotiate an elevation change; ("biseau") "cross slope" means the slope that is perpendicular to the direction of travel; ("pente transversale") "in-line ramp" means a ramp that does not change directions; ("rampe en ligne droite") "maintenance" means activities meant to keep existing public spaces and elements in existing public spaces in good working order or to restore the spaces or elements to their original condition, for example by painting or through minor repairs; ("entretien") "mm" means millimetres; ("millimetre") 3 "on-street parking" includes parking spaces located on highways, as defined under the Highway Traffic Act, that provide direct access to shops, offices and other facilities whether or not the payment of a fee is charged; ("stationnement sur rue") "off-street parking facilities" includes open area parking lots and structures, such as garages, intended for the temporary parking of vehicles to which the public has access whether or not the payment of a fee is charged and includes visitor parking spaces in parking facilities; ("installations de stationnement hors rue") "recreational trails" means public pedestrian trails that are predominately used for recreational and leisure purposes; ("sentier recreatif") "redeveloped" means planned significant or substantial changes to public spaces but does not include maintenance activities; ("reamenage") "rest area" means, in respect of a recreational trail, a dedicated level area that allows a person to stop or sit, but does not require seating; ("aire de repos") "running slope" means the slope that is parallel to the direction of travel; ("pente") "vibro-tactile walk indicators" means pedestrian crossing signal push button devices that vibrate and can be felt through the sense of touch to communicate pedestrian crossing timing in a non-visual way. ("signal de marche vibrotactile") Application 80.2(1) Except as otherwise specified, this Part applies to public spaces that are new or redeveloped on and after the dates set out in the schedule in section 80.4 and that are covered by this Part. (2) Except as otherwise specified, this Part, (a) applies to the Government of Ontario, the Legislative Assembly, designated public sector organizations and large organizations; and (b) does not apply to small organizations. Slope ratios 80.3 In this Part, the ratios with respect to the slope of something mean that for every one unit of elevation, expressed as the first number in the ratio, the user has the second number in the ratio in length with which to negotiate the one unit of elevation. 4 Schedule 80.4 Obligated organizations, including small organizations to the extent that specified standards apply to them, shall meet the requirements set out in this Part in accordance with the following schedule: 1. For the Government of Ontario and the Legislative Assembly, January 1, 2015. 2. For designated public sector organizations, January 1, 2016. 3. For large organizations, January 1, 2017. 4. For small organizations, January 1, 2018. Recreational Trails and Beach Access Routes, General Trails 80.5 This Part applies to recreational trails, but does not apply to the following types of recreational trails: 1. Trails intended for cross-country skiing, mountain biking, snowmobiling and the use of off-road vehicles. 2. Trails that are not regularly maintained, such as wilderness trails including backcountry trails and portage routes. Beach access routes 80.6 This Part applies to beach access routes, including permanent and temporary routes and temporary routes that are established through the use of manufactured goods, which can be removed for the winter months. Consultation, recreational trails 80.7(1) Obligated organizations, other than small organizations, shall consult on the following before they develop new or redevelop existing recreational trails: 1. The slope of the trail. 2. The need for and location and design of, i. rest areas, ii. passing areas, 5 iii. viewing areas, and iv. amenities on the trail. (2) Obligated organizations, other than small organizations, shall consult on the matters referred to in subsection (1) in the following manner: 1. The Government of Ontario, the Legislative Assembly, designated public sector organizations, other than municipalities, and large organizations must consult with the public and persons with disabilities. 2. Municipalities must consult with their municipal accessibility advisory committees, where one has been established in accordance with subsection 29 (1) or (2) of the Act, the public and persons with disabilities. Technical Requirements for Recreational Trails Technical requirements for trails, general 80.8(1) Obligated organizations, other than small organizations, shall ensure that new and redeveloped recreational trails meet the following technical requirements: 1. A recreational trail must have a minimum clear width of 1,000 mm. 2. A recreational trail must have a clear height that provides a minimum head room clearance of 2,100 mm above the trail. 3. The surface of the recreational trail must be firm and stable. 4. Where a recreational trail has openings in its surface, i. the openings must not allow passage of an object that has a diameter of more than 13 mm, and ii. any elongated openings must be orientated approximately perpendicular to the direction of travel. 5. Where the trail is constructed adjacent to water, a recreational trail must be provided with edge protection that meets the following requirements: i. The edge protection must constitute an elevated barrier that runs along the edge of the recreational trail and must prevent users of the trail from slipping over the edge. 6 ii. The top of the edge protection must be at least 50 mm above the trail surface. iii. The edge protection must be designed so as not to impede the drainage of the trail surface. 6. Despite paragraph 5, where there is a handrail of between 865 mm and 965 mm that runs along the edge of the recreational trail that is adjacent to water, edge protection does not have to be provided. 7. The entrance to the recreational trail must provide a clear opening of between 850 mm and 1,000 mm, whether the entrance is a gate, bollard or other entrance design. 8. A recreational trail must have at its start signage that provides the following information: i. The length of the trail. ii. The type of surface of which the trail is constructed. iii. The average and the minimum trail width. iv. The average running slope and maximum cross slope. v. The location of amenities, where provided. (2) The signage referred to in paragraph 8 of subsection (1) must have text that, (a) is high colour-contrasted with its background in order to assist with visual recognition; and (b) has the appearance of solid characters. (3) Where other media is used to provide information about a recreational trail, such as websites or brochures, the media must provide the same information as listed in paragraph 8 of subsection (1). Technical Requirements for Beach Access Routes Technical requirements for beach access routes, general 80.9 Obligated organizations, other than small organizations, shall ensure that new and redeveloped beach access route designs meet the following technical requirements: 7 1. The beach access route must have a sufficiently clear width to permit people using mobility aids, i. to access the land portion of a beach where recreation normally occurs, and ii. to turn around. 2. A beach access route must have a clear height that provides a minimum head room clearance of 2,100 mm above the beach access route. 3. The surface of the beach access route must be firm and stable. 4. Where the surface area of the beach access route is constructed, that is where the surface area is not natural, the surface area must meet the following requirements: i. It must have a 1:2 bevel at changes in level between 6 mm and 13 mm. ii. The maximum cross slope of the beach access route must be no more than 1:50. iii. It must have a running slope of between 1:10 and 1:12 at changes in level between 14 mm and 200 mm. iv. It must have a ramp that meets the requirements of section 80.12 where there are changes in level greater than 200 mm. v. Any openings in the surface of the beach access route must not allow passage of an object with a diameter of more than 13 mm. vi. Any elongated openings in the beach access route, such as gratings, must be oriented approximately perpendicular to the direction of travel. 5. The maximum cross slope of the beach access route where the surface is not constructed must be the minimum slope required for drainage. 6. The maximum running slope of the beach access route is 1:10. 8 7. The entrance to the beach access route must provide a clear opening of between 850 mm and 1,000 mm, whether the entrance is a gate, bollard or other entrance design. Technical Requirements Common to Recreational Trails and Beach Access Routes Common technical requirements, general 80.10 Obligated organizations, other than small organizations, shall ensure that new and redeveloped recreational trails and beach access routes meet the technical requirements set out in this Part in respect of boardwalks and ramps. Boardwalks 80.11 Where a recreational trail or beach access route is equipped with a boardwalk, the boardwalk must meet the following requirements: 1. The boardwalk must have a minimum clear width of 1,000 mm. 2. The boardwalk must have a minimum headroom clearance of 2,100 mm. 3. The boardwalk must be made of firm and stable surface material. 4. The boardwalk must not have any openings in the surface that allow the passage of an object with a diameter of more than 13 mm. 5. The boardwalk must include edge protection that is at least 50 mm in height. 6. If a boardwalk has running slopes that are steeper than 1:20, the running slopes must meet the requirements for ramps set out in section 80.12. Ramps 80.12 Where a recreational trail or beach access route is equipped with ramps, the ramps must meet the following requirements: 1. Ramps must have a minimum clear width of 900 mm. 9 2. Ramps must have a minimum headroom clearance of 2,100 mm. 3. Ramps must be made of firm and stable surface material. 4. Ramps must have a maximum running slope of no more than 1:10. 5. Ramps must not have any openings in the surface that allow the passage of an object with a diameter of more than 13 mm. 6. Ramps must be equipped with handrails on both sides of the ramp and the handrails must, i. be continuously graspable along their entire length and have circular cross-section with an outside • diameter not less than 30 mm and not more than 40 mm, or any non-circular shape with a graspable portion that has a perimeter not less than 100 mm and not more than 155 mm and whose largest cross- sectional dimension is not more than 57 mm, • ii. be not less than 865 mm and not more than 965 mm high, measured vertically from the surface of the ramp, except that handrails not meeting these requirements are permitted if they are installed-in addition to the required handrail, iii. be terminated in a manner that will not obstruct pedestrian travel or create a hazard, iv. extend horizontally not less than 300 mm beyond the top and bottom of the ramp, and v. be provided with a clearance of not less than 50 mm between the handrail and any wall to which it is attached. 7. Where ramps are more than 2,200 mm in width, one or more intermediate handrails which are continuous between landings shall be provided and located so that there is no more than 1,650 mm between handrails; the handrails must meet the requirements set out in paragraph 6. 8. Ramps must have a wall or guard on both sides and where a guard is provided, it must, 10 i. be not less than 1,070 mm measured vertically to the top of the guard from the ramp surface, and ii. be designed so that no member, attachment or opening located between 140 mm and 900 mm above the ramp surface being protected by the guard will facilitate climbing. 9. Ramps must have edge protection that is provided, i. with a curb at least 50 mm high on any side of the ramp where no solid enclosure or solid guard is provided, and ii. with railings or other barriers that extend to within 50 mm of the finished ramp surface. 10.Ramps must be provided with landings that meet the following requirements: i. Landings must be provided, A. at the top and bottom of the ramp, B. where there is an abrupt change in the direction of the ramp, and C. at horizontal intervals not greater than nine metres apart. ii. Landings must be a minimum of 1,670 mm by 1,670 mm at the top and bottom of the ramp and where there is an abrupt change in direction of the ramp. iii. Landings must be a minimum of 1,670 mm in length and at least,the same width of the ramp for an in-line ramp. iv. Landings must have a cross slope that is not steeper that 1:50. Exceptions to the Requirements for Recreational Trails and Beach Access Routes Exceptions, limitations 80.13 Where an exception is provided to a requirement that applies to a recreational trail or a beach access route, the exception applies solely, (a) to the particular requirement for which the exception is allowed and not to any other requirement that applies to the recreational trail or beach access route; and 11 (b) to the portion of the recreational trail or beach access route for which it is claimed and not to the recreational trail or beach access route in its entirety. Exceptions, general 80.14 Exceptions to the requirements that apply to recreational trails and beach access routes are permitted where obligated organizations, other than small organizations, can demonstrate one or more of the following: 1. The requirements or some of them would erode the heritage attributes, as defined under the Ontario Heritage Act, of a property, i. listed in a municipal register as being of cultural heritage under section 27 of that Act, ii. designated by a municipality as being a property of cultural heritage value or interest under section 29 of that Act, iii. included in a heritage conservation district designated by a municipality under section 41 of that Act, iv. designated by the Minister of Culture under section 34.5 of that Act as a property of cultural heritage value or interest of provincial significance, or v. designated as having national historic significance by the Minister of the Environment for Canada on the advice of the Historic Sites and Monuments Board of Canada. 2. The requirements or some of them would affect natural habitats • for extirpated, endangered or threatened species as classified under the Endangered Species Act, 2007. 3. It is not practicable to comply with the requirements or some of them because existing physical or site constraints prohibit modification or addition of elements, spaces or features, such as where surrounding rocks bordering the recreational trail or beach access route impede achieving the required clear width or where the clear height of the recreational trail or beach access route requirements would result in permanently damaging vegetation growth. 12 Outdoor Public Use Eating Areas Outdoor public use eating areas, application 80.15 The requirements in section 80.23 apply to outdoor public use eating areas that consist of tables that are found in public areas, such as in public parks, on hospital grounds and on university campuses. Outdoor public use eating areas, general requirements 80.16 Obligated organizations, other than small organizations, shall ensure that new and redeveloped outdoor public use eating areas meet the following requirements: 1. A minimum of 20 per cent of the tables that are provided must be accessible to people using mobility aids by having knee and toe clearance underneath the table; in no case, shall there be fewer than one table in an outdoor public use eating area that meets this requirement. 2. The ground surface leading to and under tables that are accessible to people using mobility aids must be level, firm and stable. 3. Tables that are accessible to people using mobility aids must have clear ground space around them that allows for a forward approach to the tables. Outdoor Play Spaces Outdoor play spaces, application 80.17 This Part applies to outdoor play spaces that consist of an area that may contain play equipment, such as swings, or features such as logs, rocks, sand or water where the equipment or features are designed to provide play opportunities and experiences for children and caregivers. Outdoor play spaces, accessibility in design 80.18 Obligated organizations, other than small organizations, shall incorporate accessibility features for children and caregivers with various disabilities into the design of outdoor play spaces when developing new or redeveloping existing play spaces. Outdoor play spaces, consultation requirements 80.19 When developing new or redeveloping existing outdoor play spaces, obligated organizations, other than small organizations, shall consult on the 13 needs of children and caregivers with disabilities and shall do so in the following manner: 1. The Government of Ontario, the Legislative Assembly, designated public sector organizations, other than municipalities, and large organizations must consult with the public and persons with disabilities. 2. Municipalities must consult with their municipal accessibility advisory committees, where one has been established in accordance with subsection 29 (1) or (2) of the Act, the public and persons with disabilities. Exterior Paths of Travel Exterior paths of travel, application 80.20 (1)This Part applies to exterior paths of travel that are outdoor sidewalks or walkways designed for pedestrian travel that serve a functional purpose and are not intended to provide a recreational experience. (2) This Part does not apply to barrier free paths of travel regulated under Ontario Regulation 350/06 (Building Code) made under the Building Code Act, 1992. Exterior paths of travel, general obligation 80.21 Obligated organizations, other than small organizations, shall ensure that new and redeveloped exterior paths of travel meet the requirements set out in this Part. Exterior paths of travel, technical requirements 80.22 When developing new or redeveloping existing exterior paths of travel obligated organizations, other than small organizations, shall ensure that new and redeveloped exterior paths of travel meet the following requirements: 1. The surface must be firm and stable. 2. The surface must be slip resistant. 3. The exterior path must have a clear width of 1,500 mm, but this clear width can be reduced to 1,200 mm where the exterior path connects with a curb ramp. 4. Where the head room clearance is less than 2,100 mm over a portion of the exterior path, a rail or other barrier with a leading 14 edge that is cane detectable must be provided around the object that is obstructing the head room clearance. 5. The maximum running slope of the exterior path must be no more than 1:20, but where the exterior path is a sidewalk, it can have a slope of greater than 1:20 but it cannot be steeper than the slope of the adjacent roadway. 6. The maximum cross slope must be no greater than 1:50. 7. Where there are changes in level, the exterior path must, i. include a maximum bevel of 1:2, where the change is between 6 mm and 13 mm, ii. include a 1:8 to a 1:10 slope, where the change is between 14 mm and 74 mm, iii. include a 1:10 to a 1:12 slope, where the change is between 75 mm and 200 mm, and iv. include a ramp that meets the requirements of section 80.23, where the change is greater than 200 mm. 8. Gates, bollards and other entrance designs must provide a minimum clear opening of 850 mm. 9. Where an exterior path has openings in its surface, i. the openings must not allow passage of an object that has a diameter of more than 13 mm, and ii. any elongated openings, such as a grating, must be oriented approximately perpendicular to the direction of travel. Exterior paths of travel, ramps 80.23(1) Where exterior paths of travel are equipped with ramps, the ramps must meet the following requirements: 1. Ramps must be made of firm and stable material. 15 2. Ramps must have a slip-resistant surface. 3. Ramps must have a minimum clear width of 900 mm. 4. Ramps must have a maximum running slope of no more than 1:15. 5. Landings must be provided, i. at the top and bottom of a ramp, ii. where there is an abrupt change in direction on the ramp, and iii. at horizontal intervals not greater than nine metres apart. 6. Landings must meet the following requirements: i. Landings must be a minimum of 1,670 mm by 1,670 mm at the top and bottom of the ramp and where there is an abrupt change in direction on the ramp. ii. Landings must be a minimum of 1,670 mm in length and at least the same width of the ramp for an in-line ramp. iii. Landings must have a cross slope that is not steeper than 1:50. 7. Handrails must be included on both sides of the ramp and must, i. be continuously graspable along their entire length and have circular cross-section with an outside diameter not less than 30 mm and not more than 40 mm, or any non-circular shape with a graspable portion that has a perimeter not less than 100 mm and not more than 155 mm and whose largest cross- sectional dimension is not more than 57 mm, ii. 'be not less than 865 mm and not more than 965 mm high, measured vertically from the surface of the ramp, except that handrails not meeting these requirements are permitted provided they are installed in addition to the required handrail, iii. be terminated in a manner that will not obstruct pedestrian travel or create a hazard, 16 iv. extend horizontally not less than 300 mm beyond the top and bottom of the ramp, v. be provided with a clearance of not less than 50 mm between the handrail and any wall to which it is attached, and vi. be designed and constructed such that handrails and their supports will withstand the loading values obtained from the non-concurrent application of a concentrated load not less than 0.9 kN applied at any point and in any direction for all handrails and a uniform load not less than 0.7 kN/metre applied in any direction to the handrail. 8. Where ramps are more than 2,200 mm in width, one or more intermediate handrails which are continuous between landings shall be provided and located so that there is no more than 1,650 mm between handrails; the handrails must meet the requirements set out in paragraph 7. 9. Ramps must have a wall or guard on both sides and where a guard is provided, it must, i. be not less than 1,070 mm measured vertically to the top of the guard from the ramp surface, and ii. be designed so that no member, attachment or opening located between 140 mm and 900 mm above the ramp surface being protected by the guard will • facilitate climbing. 10.Ramps must have edge protection that is provided, i. with a curb at least 50 mm high on any side of the ramp where no solid enclosure or solid guard is provided, and ii. with railings or other barriers that extend to within 50 mm of the finished ramp surface. (2) In this section, "kN" means kilonewtons. 17 Exterior paths of travel, stairs 80.24 Where stairs are provided on exterior paths of travel, they must meet the following requirements: 1. Stairs must have uniform risers and runs in any one flight. 2. The rise between successive treads must be between 125 mm and 180 mm. 3. The run between successive steps must be between 280 mm and 355 mm. 4. The stairs must have closed risers. 5. The maximum nosing projection on a tread must be no more than 38 mm, with no abrupt undersides. That is, the undersides should be bevelled for example to avoid an individual from tripping. 6. Stairs must have high colour contrast markings that extend the full tread width of the leading edge of each step. 7. Stairs must be equipped with tactile walking surface indicators that are built in or applied to the walking surface and that warn individuals who are visibly impaired of hazards, such as a change in elevation. The tactile walking surfaces must, i. be located at the top of all flights of stairs, and ii. extend the full tread width to a minimum depth of 610 mm commencing one tread depth from the edge of the top step. 8. Handrails must be included on both sides of stairs and must satisfy the requirements set out in paragraph 7 of subsection 80.23 (1). 9. A guard must be provided that is not less than 920 mm, measured vertically to the top of the guard from a line drawn through the outside edges of the stair nosings and 1,070 mm around the landings, is required on each side of a stairway where the difference in elevation between ground level and the top step is more than 600 mm but, where there is a wall, a guard is not required on that side. 10. Where stairs are more than 2,200 mm in width, one or more intermediate handrails that are continuous between landings must be provided and located so there is no more that 1,650 mm 18 between handrails. The handrails must satisfy the requirements set out in paragraph 7 of subsection 80.23 (1). Exterior paths of travel, curb ramps 80.25(1) Where curb ramps are provided on exterior paths of travel, they must align with the direction of travel and meet the following requirements: 1. Curb ramps must have a minimum clear width of 1,200 mm, exclusive of any flared sides. 2. The running slope of curb ramps must, i. be 1:8 to 1:10, where elevation is less than 75 mm, and ii. be 1:10 to 1:12, where elevation is greater than 75 mm and less than 200 mm. 3. The maximum cross slope of curb ramps must be no more than 1:50. 4. The maximum slope on the flared side of a curb ramp must be no more than 1:10. 5. Where curb ramps are provided at pedestrian crossings, they must have tactile walking surface indicators that, i. are located at the bottom of the curb ramp, ii. are set back between 150 mm and 200 mm from the curb edge, iii. extend the full width of the curb ramp, and iv. are a minimum of 610 mm in depth. (2) For the purposes of this section, curb ramps are ramps that are cut through a curb or that are built up to a curb. Exterior paths of travel, depressed curbs 80.26(1) Where depressed curbs are provided on exterior paths of travel, they must meet the following requirements: 1. Depressed curbs must have a maximum running slope of 1:20. 19 2. Depressed curbs must be aligned with the direction of travel. 3. Where depressed curbs are provided at pedestrian crossings, they must have tactile walking surface indicators that, i. are located at the bottom portion of the depressed curb that is flush with the roadway, ii. are set back between 150 mm and 200 mm from the curb edge, and iii. are a minimum of 610 mm in depth. (2) For the purposes of this section, depressed curbs are seamless gradual slopes at transitions between sidewalks and walkways and highways, and are usually found at intersections. Exterior paths of travel, accessible pedestrian signals 80.27(1) Where new pedestrian signals are being installed at pedestrian street crossings or existing pedestrian signals are being replaced, they must be pushbutton-integrated accessible pedestrian signals. (2) Pushbutton-integrated accessible pedestrian signals must meet the following requirements: 1. They must have a locator tone that is distinct from a walk indicator tone. 2. They must be installed within 1,500 mm of the edge of the curb. 3. They must be mounted at a maximum of 1,100 mm above ground level. 4. They must have tactile arrows that align with the direction of crossing. 5. They must include both audible and vibro-tactile walk indicators. (3) Where two pushbutton assemblies are installed on the same corner, they must be a minimum of 3,000 mm apart. (4) Where the requirements in subsection (3) cannot be met because of site constraints or existing infrastructure, two pushbutton assemblies can be installed on a single post, and when this occurs, a verbal announcement must clearly state which crossing is active. 20 Exterior paths of travel, rest areas 80.28 When developing new or redeveloping exterior paths of travel, obligated organizations, other than small organizations, shall consult on the design and placement of rest areas along the path of travel and shall do so in the following manner: 1. The Government of Ontario, the Legislative Assembly, designated public sector organizations, other than municipalities, and large organizations must consult with the public and persons with disabilities. • 2. Municipalities must consult with their municipal accessibility advisory committees, where one has been established in accordance with subsection 29 (1) or (2) of the Act, the public and persons with disabilities. Exceptions, limitations 80.29 Where an exception is provided to a requirement for an exterior path of travel, the exception applies solely, (a) to the particular requirement for which the exception is allowed and not to any other requirement that applies to the exterior path; and (b) to the portion of the exterior path for which it is claimed and not to the exterior path in its entirety. Exceptions, general 80.30 Exceptions to the requirements that apply to exterior paths of travel are permitted where obligated organizations, other than small organizations, can demonstrate one or more of the following: 1. It is not practicable to comply with the requirements or some of them because existing physical or site constraints prohibit modification or addition of elements, spaces or features, such as where increasing the width of the exterior path would narrow the width of the adjacent highway or locating an accessible pedestrian signal poles within 1,500 mm of curb edge is not feasible because of existing underground utilities. 2. The requirements of this Part or some of them would erode the heritage attributes, as defined under the Ontario Heritage Act, of a property, 21 i.. listed in a municipal register as being of cultural heritage under section 27 of that Act, ii. designated by a municipality as being a property of cultural heritage value or interest under section 29 of that Act, iii. included in a heritage conservation district designated by a municipality under section 41 of that Act, iv. designated by the Minister of Culture under section 34.5 of that Act as a property of cultural heritage value or interest of provincial significance, or v. designated as having national historic significance by the Minister of the Environment for Canada on the advice of the Historic Sites and Monuments Board of Canada. Accessible Parking Application 80.31 All obligated organizations, including small organizations, shall ensure that all new and redeveloped off-street parking facilities meet the requirements set out in this Part. Exception 80.32(1) The requirements in respect of off-street parking facilities do not apply to off-street parking facilities that are used exclusively for one of the following: 1. Parking for employees. 2. Parking for buses. 3. Parking for delivery vehicles. 4. Parking for law enforcement vehicles. 5. Parking for medical transportation vehicles, such as ambulances. 6. Parking used as a parking lot for impounded vehicles. (2) The requirements in respect of off-street parking facilities do not apply to those off-street parking facilities that are not located on a barrier-free path of travel, regulated under Ontario Regulation 350/06 (Building Code) made under 22 the Building Code Act, 1992 where obligated organizations have multiple off- street parking facilities on a single site that serve a building or facility. Types of accessible parking spaces 80.33 Off-street parking facilities must provide the following two types of accessible parking spaces: 1. Type A, a wider parking space which has a minimum width of 3,400 mm and signage that identifies the space as "van accessible". 2. Type B, a standard parking space which has a minimum width of 2,400 mm. Access aisles 80.34(1) Access aisles is the space between parking spaces that allows people with disabilities to transfer to and from vehicles, must be provided for all accessible parking spaces in off-street parking facilities. (2) Access aisles may be shared by two accessible parking spaces in an off- street parking facility and must meet the following requirements: 1. They must have a minimum width of 1,500 mm. 2. They must extend the full length of the parking space. 3. They must be marked with high colour contrast diagonal lines, which discourages parking in them. Minimum number and type of accessible parking spaces 80.35(1) Off-street parking facilities must have a minimum number and type of accessible parking spaces, in accordance with the following requirements: 1. One accessible parking space, which meets the requirements of a Type A parking space, where there are 25 parking spaces or fewer. 2. Four per cent of the total number of parking spaces must be accessible parking spaces where there are between 26 and 500 parking spaces in accordance with the following ratio, rounding up to the nearest whole number: 23 i. Where an even number of accessible parking spaces are provided in accordance with the requirements of this paragraph, an equal number of parking spaces that meet the requirements of a Type A parking space and a Type B parking space must be provided. ii. Where an odd number of accessible parking spaces are provided in accordance with the requirements of this paragraph, the number of parking spaces must be divided equally between parking spaces that meet the requirements of a Type A parking space and a Type B parking space, but the additional parking space, the odd- numbered space, must be a Type B parking space. 3. Twenty accessible parking spaces, and an additional two per cent of parking spaces for spaces in addition to 500, must be accessible parking spaces where more than 500 parking spaces are provided in accordance to the following ratio, rounded up to the nearest whole number: i. Where an even number of accessible parking spaces are provided in accordance with the requirements of this paragraph, an equal number of parking spaces that meet the requirements of a Type A parking space and a Type B parking space must be provided. ii. Where an odd number of accessible parking spaces are provided in accordance with the requirements of this paragraph, the number of parking spaces must be divided equally between parking spaces that meet the requirements of a Type A parking space and a Type B parking space, but the additional parking space, the odd- • numbered space, must be a Type B parking space. (2) If an obligated organization provides more than one off-street parking facility at a site, the obligated organization must calculate the number and type of accessible parking spaces according to the number and type of parking spaces required for each off-street parking facility. (3) In determining the location of accessible parking spaces that must be provided where there is more than one off-street parking facility at a site, an obligated organization may distribute them among the off- street parking facilities in a manner that provides substantially equivalent or greater accessibility in terms of distance from an accessible entrance or user convenience. • 24 (4) For the purposes of subsection (3), the following factors may be considered in determining user convenience: 1. Protection from the weather. 2. Security. 3. Lighting. 4. Comparative maintenance. • Exception 80.36(1) An exception to the minimum number of accessible spaces required is permitted where obligated organizations can demonstrate that it is not practicable to comply with the requirement because existing physical or site constraints prevent it from meeting the required ratio, such as where the minimum width for accessible parking spaces or access aisles cannot be met because of existing pay and display parking meters, surrounding curb edges, walkways, landscaping or the need to maintain a minimum drive aisle width. (2) Where an obligated organization claims an exception to the minimum number of accessible spaces, it must provide as close to as many accessible parking spaces, that meet the requirements of this Part, as would otherwise be required under subsection 80.35 (1) or (2), as the case may be, that can be accommodated by the existing site and, (a) where that number is an even number, the number of parking spaces must be divided equally between parking spaces that meet the requirements of a Type A parking space and a Type B parking space; and (b) where that number is an odd number, the number of parking spaces must be divided equally between parking spaces that meet the requirements of a Type A parking space and a Type B parking space, but the additional parking space, the odd-numbered space, must be a Type B parking space. On-street parking spaces 80.37(1) Where a designated public sector organization, other than a municipality, develops new or redevelops existing on-street parking spaces, it must consult on the need, location and design of accessible on-street parking spaces with the public and persons with disabilities. 25 (2) Where a municipality develops new or redevelops existing on-street parking spaces, it must consult on the need, location and design of accessible on- street parking spaces and it must consult with its municipal accessibility advisory committee, where one has been established in accordance with subsection 29 (1) or (2) of the Act, the public and persons with disabilities. (3) In this section and despite section 2, "designated public sector organization" means every municipality and every person or organization described in Schedule 1 to this Regulation, but not every person or organization listed in Column 1 of Table 1 of Ontario Regulation 146/10 (Public Bodies and Commission Public Bodies — Definitions) made under the Public Service of Ontario Act, 2006. Obtaining Services Application 80.38(1) All obligated organizations, including small organizations, shall ensure that the following meet the requirements set out in this Part: 1. All new means of obtaining services in respect of service counters and fixed queuing guides. 2. All new and redeveloped means of obtaining services in respect of waiting areas. (2) For the purposes of this Part, requirements for obtaining services in respect of service counters, fixed queuing guides and waiting areas apply whether the services are obtained in buildings or out-of-doors. (3) Where there is a conflict between the requirements set out in this Part and the accessibility standards set out in Ontario Regulation 429/07 (Accessibility Standards for Customer Service) made under the Act, the requirement or standard that provides the greater accessibility for people with disabilities prevails. Service counters 80.39(1) When installing new service counters, the following requirements must be met: 1. There must be at a minimum one service counter that • accommodates a mobility aid for each type of service provided and the accessible service counter must be clearly identified with signage, where there are multiple queuing lines and service 26 counters. • 2. Each service counter must accommodate a mobility aid, where a single queuing line serves multiple counters. (2) The service counter that accommodates mobility aids must meet the following • requirements: 1. The countertop height must be such that it is usable by a person seated in a mobility aid. 2. There must be sufficient knee clearance for a person seated in a mobility aid, where a forward approach to the counter is required. 3. The floor space in front of the counter must be sufficiently clear so as to accommodate a mobility aid. Fixed queuing guides 80.40 When installing new fixed queuing guides, the following requirements must be met: 1. The fixed queuing guides must have sufficient width to allow for the passage of mobility aids. 2. The fixed queuing guides must have sufficiently clear floor area to permit mobility aids to turn where queuing lines change direction. 3. The fixed queuing guides must be cane detectable by persons who are blind or who have low vision. Waiting areas 80.41 (1) When providing a new or redeveloping an existing waiting area, where the seating is fixed to the floor, three per cent of the new seating must be accessible, but in no case shall there be fewer than one accessible seating space. (2) For the purposes of this section, accessible seating is not a seat but a space in the seating area where an individual in a mobility aid can wait. 27 Maintenance Maintenance of accessible elements 80.42 Obligated organizations, other than small organizations, shall ensure that their multi-year accessibility plans include the following: 1. Procedures for preventative and emergency maintenance of the accessible elements in public spaces as required under this Part. 2. Procedures for dealing with temporary disruptions when accessible elements required under this Part are not in working order. 13.The Regulation is amended by adding the following section: Accessibility reports 86.1(1) Subject to subsection 33 (3) of the Act, organizations shall file an accessibility report with a director according to the following schedule: 1. Annually, in the case of the Government of Ontario and the Legislative Assembly. 2. Every two years, in the case of designated public sector organizations. • 3. Every three years, in the case of large organizations. (2) The reporting schedule referred to in subsection (1) begins to apply as of January 1, 2013 with the first report being due, (a) as of December 31, 2013, in the case of the Government of Ontario and the Legislative Assembly; (b) as of December 31, 2013, in the case of designated public sector organizations; and (c) as of December 31, 2014, in the case of large organizations. Commencement 14.This Regulation comes into force on the later of January 1, 2013 and the day it is filed. 28