Americans with Disabilities (ADA) Overview
Americans with Disabilities Act (ADA) Overview
- In new building construction,
- In alterations or renovations to buildings,
- And facilities of private companies providing goods or services to the public.
It also requires that state and local governments provide access for the hard of hearing in programs offered to the public.
Updates to the Americans with Disabilities Act (ADA)
In 2010, new standards for the ADA became law. These standards took full effect on March 15, 2012 and are mandatory for all new construction or renovations. The following are highlights of the changes, specifically for assistive listening systems.
- An assistive listening system shall be provided in assembly areas where audible communication is integral to the space. This means that any space where people gather is required to have an assistive listening system. The assistive listening system must cover the entire space of the venue, not just one area. There is more information below regarding what types of venues and spaces are required to provide assistive listening systems.
- Assistive listening is required where there is amplified sound. If there is a microphone and/or speakers, as system is needed. Courtrooms must have assistive listening systems, even without amplified sound.
- The original ADA requirements specified that the number of assistive listening devices was 4 percent of seating capacity. The new requirements have been scaled to match the total occupancy of the venue. There is more specific information below regarding how many assistive listening devices (ALDs) are required.
- The new, 2010 requirements of the ADA state that a percentage of assistive listening devices must be hearing aid compatible to interface with t-coils in hearing aids. This is accommodated via neck loop technology with RF or IR assistive listening systems.
To view the complete 2010 Standards in the final rules for Title II (28 CFR part 35) and Title III (28 CFR part 36) visit, http://www.ada.gov/2010ADAstandards_index.htm.
For a summary of 2010 changes to Assistive Listening Systems (click here)
Regulations
Understand regulations set forth by the appropriate governing body to learn the requirements and recommendations and how they may apply to you.
California Building Code (CBC)
While they’ve adopted the format of the ADA, the State of California relies on the California Building Code (CBC) to outline their compliance laws. This means that the requirements for assistive listening systems in California are a little different. You can find the requirements listen under sections 11B-219 and 11B-706 in the CBC, which gets updated every three years.
ADA Compliance
Understanding Legislative Compliance
Navigating through the legislative compliance requirements for assistive listening can be a challenge, but Listen Technologies is here to help. The information below serves those who want to better understand what they need to know to accommodate people with hearing loss in venues and public spaces.
Please note: This information is not meant to be a substitute for legal advice or legal opinions. You should always obtain legal advice that is specific to you and your situation. Below is general information only, and is NOT be a substitute for legal advice or legal opinions which you should obtain from your own attorney. Among other things, this information may not reflect current legal developments or other issues that may apply to your specific circumstances and situation.Why Comply
Hearing loss is an invisible disability due to several factors. Some people simply don’t want to admit that they have hearing loss; others don’t know that there are many resources, including legislation that is available to help them. Everyone knows someone with hearing loss and if we are lucky to live long enough, at some point we will all be touched by this disability.
It is important to be informed about the technologies and innovations that are being developed to help those who have hearing loss, so that they can continue to listen to the things they love.
In the US alone, 54 million people live with disabilities, of those, around 36 million report having a measurable degree of hearing loss. This makes them the single largest disability group, equaling one out of five adult Americans (17%).
Providing access to assistive listening systems is not only the law, but it’s the right thing to do. It helps people feel connected to their communities and live fuller, richer lives.
Although hearing loss is the largest disability covered under the ADA, it is often an unknown and under-served disability group. Everyone knows someone with hearing loss, yet if you ask people what accommodations are made, they often have no idea that assistive listening accommodations are required.
One misunderstood aspect of hearing loss is that while hearing aids are great, they do not work in every situation. Hearing aids work great in a quiet environment, but in places with a lot of ambient noise, an assistive listening system is needed to block out unwanted sound and deliver sound directly to people’s ears. People with hearing loss need more signal than noise- it isn’t helpful if sound is just louder.
More Reasons to Comply
- Nearly 20% of patrons have a need for assistive listening
- Patrons will have a much better experience
- It’s required by law
- There are tax benefits-
- Tax benefits – 8826 form: 2. To provide qualified interpreters or other methods of making audio materials available to hearing-impaired individuals; http://www.irs.gov/pub/irs-pdf/f8826.pdf
- Tax benefits – 8826 form: 2. To provide qualified interpreters or other methods of making audio materials available to hearing-impaired individuals; http://www.irs.gov/pub/irs-pdf/f8826.pdf
- There are penalties-If you do not comply with the assistive listening requirements there could be legal ramifications and penalties. The Department of Justice (DOJ) issued a Final Rule that adjusts civil penalties ranging from $55,000 to $150,000.
How to Comply
Assembly Areas
Under the ADA an assembly area is defined as a building or facility, or a portion thereof that is used for the purpose of entertainment, education, civic gatherings, or similar purposes. Specific assembly areas that require assistive listening systems include, but are not limited to: classrooms, public meeting rooms, legislative chambers, motion picture houses, auditoriums, theaters, playhouses, dinner theaters, concert halls, centers for the performing arts, amphitheaters, arenas, stadiums, grandstands, or convention centers.
Required Number of Receivers
This chart details the number of receivers or ALDs required based on seating capacity. If an area has a hearing loop, hearing aid compatible receivers are not required, however they are required with other types of systems as outlined in the chart.
Contact Listen for a customized quote to accommodate your seating capacity at +1.801.233.8992 or 1.800.330.0891.
| SEATING CAPACITY | MINIMUM NUMBER OF REQUIRED RECEIVERS | MINIMUM NUMBER OF RECEIVERS TO BE HEARING AID COMPATIBLE** |
|---|---|---|
| 50 OR LESS | 2 | 2 |
| 51 TO 200 | 2 plus 1 per 25 seats over 50 seats* | 1 per 4 receivers* |
| 201 TO 500 | 2 plus 1 per 25 seats over 50 seats* | 1 per 4 receivers* |
| 501 TO 1000 | 20 plus 1 per 33 seats over 500 seats* | 1 per 4 receivers* |
| 1001 TO 2000 | 35 plus 1 per 50 seats over 1000 seats* | 1 per 4 receivers* |
| 2001 AND OVER | 55 plus 1 per 100 seats over 2000 seats* | 1 per 4 receivers* |
*Or fraction thereof
**Using Listen LA-430 Integrated Neck Loop/Lanyard with LR-x200 iDSP Receivers or LA-166 Neck Loop with LR-x00 or LR-4x Standard Receivers
Hearing Aid Compatible Receivers
A receiver is hearing aid compatible when it works with a telecoil installed in a hearing aid or cochlear implant. Improvements in technology have increased options for hearing aid compatible receivers, including neck loop in lanyard technology, allowing the sound to be transmitted from the lanyard directly to the telecoil or cochlear implant.
Signage
An important part of compliance is signage identifying the availability of ALDs. Venues are required to post signs with the international symbol of access to an assistive listening system. Click here for more information.
Enforcement
The U.S. Department of Justice (DOJ) is the entity for enforcement of the ADA. If an individual goes to a venue, asks for an assistive listening system and one is not provided, that individual can file a complaint with the Department of Justice. The Department of Justice then may file a lawsuit. If at that point the owner of the venue is found to be non-compliant, civil penalties are often applied.
US Tax Credit
Businesses may receive a tax benefit for assistive listening systems. Small businesses may be eligible for up to a $5000 tax credit and any business may qualify for up to a $15,000 tax deduction. In certain instances, the tax savings may cover a significant portion of the purchase.
Learn more
Related Articles
ListenRF: 72 MHz vs 216 MHz Considerations
(from listentech.com: LINK) Overview: The purpose of this document is to assist in determining which of the available 72 MHz and 216 MHz frequency bands would be suitable for an application by describing the pros and cons of both frequencies. 72 MHz ...