DESK REFERENCE
(ADA) CT A ISABILITIES D WITH
ACCESS FOR INDIVIDUALS WITH DISABILITIES UNDER ECTION S 504 MERICANS
OF THE REHABILITATION ACT AND A TITLE II OF THE ADA
Table of Contents
Page
1 INTRODUCTION 1 - 1
CHAPTER I—Considerations in the Federal-aid Highway Program 2
I. Authorities 2 -- 1 II. Laws & Regulations 2 -- 3 III. Project Oversight 2 -- 11 IV. Program Oversight 2 -- 15 V. Complaint Investigation and Resolution 2 -- 19 VI. Program and Facility Accessibility 2 -- 23 VII. Accessibility of Pedestrian Rights-of-Way 2 -- 29 VIII. Auxiliary Aids/Communications 2 -- 85
CHAPTER II—Implementation
3 I. Roles and Responsibilities 3 -- 1 • FHWA Headquarters Office of Civil Rights 3 -- 2 • FHWA Resource Center 3 -- 3 • FHWA Division Office • FHWA Federal Lands • State Transportation Agency II. Documentation 3 -- 10 III. ADA Program: Minimum Requirements 3 -- 13 IV. Contract Requirements 3 -- 25 V. Review Guidelines 3 -- 27
APPENDICES 4 *See next page for detailed listing of Appendices
Table of Contents
Page 4 A. ADA Implementation, Compliance and Enforcement Guide 4 -- A -- 1 B. ADA/504 Technical Assistance Tool 4 -- B -- 1 C. Sample ADA/504 Policy/Assurances 4 -- C -- 1 D. Sample ADA/504 Notice of Nondiscrimination 4 -- D -- 1 E. Sample Reasonable Accommodations Request 4 -- E -- 1 F. Sample Technical Infeasibility Statement 4 -- F -- 1 G. Sample ADA/504 Self-Evaluation 4 -- G -- 1 H. Sample ADA/504 Transition Plan 4 -- H -- 1 I. Selected Nondiscrimination Authorities 4 -- I -- 1 Authorities • 29 USC 794, et seq. - Section 504 4 -- I -- 1 of the Rehabilitation Act of 1973 (as amended by the Civil Rights Restoration Act of 1987) • 42 USC 126 4 -- I -- 3 Equal Opportunity for Americans with Disabilities • Public Law 100-259;102 Stat. 28 4 -- I -- 35 Civil Rights Restoration Act of 1987 Regulations • 28 CFR Part 35 4 -- I -- 37 Nondiscrimination on the Basis of Disability in State and Local Government Services 4 -- I -- 53 • 49 CFR Part 27 Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance Guidance • FHWA Memorandum: ADAAG Detectable Warnings 4 -- I -- 69 (Truncated Domes) May 6, 2002 • FHWA Memorandum: ADAAG and Detectable 4 -- I -- 71 Warnings July 30, 2004 • FHWA Memorandum: ADAAG Public Right-Of-Way 4 -- I -- 73 Access Advisory January 23, 2006 • 23 CFR PART 1235 -- UNIFORM SYSTEM FOR 4 -- I -- 75 PARKING FOR PERSONS WITH DISABILITIES J. FHWA FORMS: • Survey Form 1 Parking 4 -- J -- 1 • Survey Form 3 Exterior Accessible Routes 4 -- J -- 5 • Survey Form 4 Curb Ramps 4 -- J -- 9 • Survey Form 29 Transportation - Bus Stops 4 -- J -- 13 K. Definitions 4 -- K -- 1 L. Acronyms and Abbreviations 4 -- L -- 1 M. Relevant Court Decisions 4 -- M -- 1 N. Facility Accessibility Equipment List 4 -- N -- 1 O. How to Write and Speak About People With Disabilities 4 -- O -- 1 P. Federal-aid (FHWA) Funds For Pedestrian Activities 4 -- P -- 1
ADA/504
INTRODUCTION
Introduction
This Desk Reference is designed to help staff tasked with compliance and oversight activities ensure that State and local transportation agencies responsible for highway construction and operations comply fully with the pro- visions of Title II of the Americans with Disabilities Act (Title II ADA) and Section 504 of the Rehabilitation Act of 1973 (Section 504). It is written for civil rights specialists, engineers, management staff, public involvement spe- cialists and others who share this responsibility. The Desk Reference discusses situations that transportation professionals may encounter, which will demonstrate how the regulations would apply in specific instances. Also included are a variety of worksheets that outline a structured process for planning, evaluating, and documenting certain compliance activities.
The core mission of FHWA and its State and local recipients of Federal-aid is to provide safe and efficient trans- portation facilities. Over the years, the primary focus has been the construction of the Interstate highway system. Now that the Interstate system is substantially complete, with the exception of smaller segments and connectors, FHWA’s focus has turned to the safe, effective and efficient operation of these systems. Given this shift in fo- cus, more attention is now being paid to pedestrian facilities that are located within the public right-of-way. Transportation agencies are aware that the pedestrian facilities and the pedestrian networks and systems they own, operate and maintain are vital arteries for the movement and circulation of people. Pedestrian facilities are now also recognized as positive quality-of-life enhancers that have become tools to improve our lives through greater health benefits of exercise, reduced vehicle emissions and the connectivity of neighborhoods to busi- nesses, (STAs), and other vital facilities. All of these factors promote greater livability in our communities. As a result, many roadway projects--whether new construction or the alteration or reconstruction of existing facilities-- may often involve the construction of new or altering existing pedestrian facilities. When that occurs, STAs must ensure that those facilities are made accessible to individuals with disabilities.
However, FHWA’s role extends beyond ensuring that pedestrian facilities, systems and networks are accessible for those with disabilities. FHWA has a regulatory responsibility under Title II of the ADA and Section 504 to ensure that recipients of Federal–aid and State and local entities that are responsible for roadways and pedestrian facilities do not discriminate on the basis of disability in any highway transportation program, activity, service or benefit they provide to the general public. Virtually all of the entities for whom FHWA has oversight provide programs, services, activities and benefits that encompass highway transportation facility construction, operation and maintenance. These programs and services include public outreach activities in connection with transportation projects and initiatives, bidding and other contract activities, public information services such as traffic and tourist hotlines and even the operation and maintenance of the entities’ own buildings and facilities.
The accessibility of STA programs, services and activities is critical in helping STAs design and construct accessible pedestrian facilities. Accordingly, State and local entities must employ ADA/504 coordinators, inform the public of their responsibilities of these regulations, conduct and update self-evaluations and transition plans, and provide auxiliary aids to individuals with visual and hearing impairments to facilitate this access.
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1 — 2 ADA/504 Chapter 1
CONSIDERATIONS
I. AUTHORITIES Note: This document references the following sources:
The Code of Federal Regulations (CFR) is the codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the Federal Government. It is divided into 50 Titles that represent broad areas subject to Federal regulation. For example, the regulation citation "28 CFR 35.103" means Title 28 of the Code of Federal Regulations, Part 35, Section 103.
The United States Code (USC) is the codification by subject matter of the general and permanent laws of the United States. It is divided by broad subjects into 50 Titles and published by the Office of the Law Revision Counsel of the U.S. House of Representatives. For example the statute citation "42 U.S.C. 12102" means Title 42 of the United States Code, Section 12102.
This reference guide is consistent with regulations governed by USDOT. The following laws and regulations apply to, or effect FHWA/STA programs, services and activities that involve compliance with Title II ADA and Section 504:
• 29 USC 794, et seq. -- Section 504 of the Rehabilitation Act of 1973 (as amended by the Civil Rights Restoration Act of 1987)
• 42 USC 3, et seq.12111 -- Americans with Disabilities Act (Title II)
• 28 CFR Part 35 -- Nondiscrimination on the Basis of Disability in State and Local Government Services
• 49 CFR Part 27 -- Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Fed- eral Financial Assistance
• Public Law 100-259; 102 Stat. 28 -- Civil Rights Restoration Act of 1987
• 23 CFR Part 5632 -- Pedestrian & Bicycle Accommodations and Projects
• 23 CFR Part 1235 -- Uniform System for Parking for Persons with Disabilities
• 23 CFR 450.220(a)(4) -- ADA Requirements to be Certified into Statewide Planning
• 23 CFR 450.316(b)(3) -- ADA Requirements for Metropolitan Planning
• 23 CFR 771.105(f) -- ADA Requirements for NEPA
• Public Law 109-59 -- Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) of 2005
Note: Section 504 of the Rehabilitation Act and the ADA, have parallel requirements for accessibility.
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ADA/504 Chapter 1
CONSIDERATIONS
II. LAWS AND REGULATIONS THAT REQUIRE ACCESSIBILITY
LAWS
There are three laws that require accessible planning, design and construction, and actions to integrate people with disabilities into mainstream society:
The Architectural Barriers Act (the ABA) of 1968
(For Federal or Federal-funded facilities (42 U.S.C. §§ 4151 et seq. § 4151)) According to the U.S. Access Board, The ABA requires access to facilities designed, built, altered, or leased with Federal funds. Passed by Congress in 1968, it marks one of the first efforts to ensure access to the built environment. The Access Board develops and maintains accessibility guidelines under this law. These guide- lines serve as the basis for the standards used to enforce the law, the Uniform Federal Accessibility Standards (UFAS). Four Federal agencies are responsible for the standards: the Department of Defense, the Department of Housing and Urban Development, the General Services Administration, and the U.S. Postal Service.
Federal agencies are responsible for ensuring compliance with UFAS when funding the design, construction, alteration, or leasing of facilities. Some departments have, as a matter of policy, also required compliance with the ADA Accessibility Guidelines (which otherwise do not apply to the Federal sector) in addition to UFAS.
The ABA is enforced by the Access Board through the receipt and investigation of complaints.
The Rehabilitation Act of 1973 (for Federal-aid programs) 29 U.S.C. 794
Several years after the ABA had become law, Congress observed that compliance had been uneven and that no initiatives to create Federal design standards for accessibility were underway. The Rehabilitation Act was passed to address these concerns. The Rehabilitation Act contains the following Sections, besides Section 504:
• Section 501 of this act prohibits discrimination on the basis of disability in Federal employment and requires Federal agencies to establish affirmative action plans for the hiring, placement, and advancement of people with disabilities in Federal employment. • Section 502 of this law created the Access Board, originally named the Architectural and Transportation Barriers Compliance Board. The Board was charged with ensuring Federal agency compliance with the ABA and proposing solutions to the environmental barriers problems addressed in the ABA. Congress was clear in its intent that compliance be the primary essence of the Board's function. • Section 503 requires affirmative action and prohibits employment discrimination by Federal government contractors and subcontractors with contracts of more than $10,000. Section 503 is the responsibility of the U.S. Department of Labor, Office of Federal Contractor Compliance Programs. • Section 505 establishes the enforcement procedures for Title V of the Rehabilitation Act. Section 505 (a) (1) provides that the procedures and rights set forth in Section 717 of the Civil Rights Act of 1964 shall be available with respect to any complaint under Section 501. Section 505 (a)(2) provides that the reme- dies, rights and procedures set forth in Title VI of the Civil Rights Act of 1964 shall be available to any person alleging a violation of Section 504. In 1998, Congress amended the Rehabilitation Act.
2 — 3 • Section 508 was enacted to require Federal agencies to make their electronic and information technol- ogy accessible to people with disabilities, to eliminate barriers in information technology, to make avail- able new opportunities for people with disabilities, and to encourage development of technologies that will help achieve these goals. The law applies to all Federal agencies when they develop, procure, maintain, or use electronic and information technology.
Section 504 states that "no qualified individual with a disability in the United States shall be excluded from, denied the benefits of, or be subjected to discrimination under" any program or activity that either receives Federal financial assistance or is conducted by any Executive agency or the United States Postal Service. Each Federal agency has its own set of section 504 regulations that apply to its own programs. Agencies that provide Federal financial assistance also have section 504 regulations covering entities that receive Federal aid. Requirements common to these regulations include reasonable accommodation for employees with disabilities; program accessibility; effective communication with people who have hearing or vision disabilities; and accessi- ble new construction and alterations. Each agency is responsible for enforcing its own regulations. Section 504 may also be enforced through private lawsuits. It is not necessary to file a complaint with a Federal agency or to receive a "right-to-sue" letter before going to court (similar to Title VI of the Civil Rights Act of 1964), except that it prohibits discrimination on the basis of disability in programs, services, or activities receiving Federal Financial Assistance.
The Americans with Disabilities Act of 1990
(State and local government programs and facilities (ADA, Title II)) (42 U.S.C. § § 12101 et seq)).
The Americans with Disabilities Act (1990) is a civil rights statute prohibiting discrimination against people with disabilities in all aspects of life, including transportation, public services, employment housing, public accommo- dations, education, communication, worship, recreation, and health services. In essence, the ADA places re- sponsibility for the inability of people with disabilities in becoming part of mainstream society due to, or as a re- sult of barriers in the physical, societal, and information infrastructure, and not a person’s disability.
The U.S. Congress determined that ADA was needed with the following findings placed in the original legislation at PUBLIC LAW 101-336:
(a) Findings: The Congress finds that - (1) some 43,000,000 Americans have one or more physical or mental disabilities, and this number is increasing as the population as a whole is growing older; (2) historically, society has tended to isolate and segregate individuals with disabilities, and, despite some improvements, such forms of discrimination against individuals with disabilities continue to be a seri- ous and pervasive social problem; (3) discrimination against individuals with disabilities persists in such critical areas as employment, housing, public accommodations, education, transportation, communication, recreation, institutionalization, health services, voting, and access to public services; (4) unlike individuals who have experienced discrimination on the basis of race, color, sex, national origin, religion, or age, individuals who have experienced discrimination on the basis of disability have often had no legal recourse to redress such discrimination; (5) individuals with disabilities continually encounter various forms of discrimination, including outright intentional exclusion, the discriminatory effects of architectural, transportation, and communication barriers, overprotective rules and policies, failure to make modifications to existing facilities and practices, exclusionary qualification standards and criteria, segregation, and relegation to lesser services, programs, activities, benefits, jobs, or other opportunities; (6) census data, national polls, and other studies have documented that people with disabilities, as a group, occupy an inferior status in our society, and are severely disadvantaged socially, vocationally, economically, and educationally;
2 — 4 (7) individuals with disabilities are a discrete and insular minority who have been faced with restrictions and limitations, subjected to a history of purposeful unequal treatment, and relegated to a position of political powerlessness in our society, based on characteristics that are beyond the control of such individuals and resulting from stereotypic assumptions not truly indicative of the individual ability of such individuals to participate in, and contribute to, society; (8) the Nation's proper goals regarding individuals with disabilities are to assure equality of opportunity, full participation, independent living, and economic self-sufficiency for such individuals; and (9) the continuing existence of unfair and unnecessary discrimination and prejudice denies people with disabilities the opportunity to compete on an equal basis and to pursue those opportunities for which our free society is justifiably famous, and costs the United States billions of dollars in unnecessary expenses resulting from dependency and non-productivity. b) Purpose It is the purpose of this chapter - (1) to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities; (2) to provide clear, strong, consistent, enforceable standards addressing discrimination against individuals with disabilities; (3) to ensure that the Federal Government plays a central role in enforcing the standards established in this chapter on behalf of individuals with disabilities; and (4) to invoke the sweep of congressional authority, including the power to enforce the fourteenth amend- ment and to regulate commerce, in order to address the major areas of discrimination faced day-to- day by people with disabilities. (Pub. L. 101-336, Sec. 2, July 26, 1990, 104 Stat. 328.)
The ADA requires nondiscriminatory policies in institutions that serve the public, whether publicly or privately owned. In each area, it seeks to ensure that persons with disabilities are afforded the same rights as other American citizens. The ADA contains five titles.
Title I - Equal Employment Opportunity for Individuals with Disabilities
This Title is designed to remove barriers that would deny qualified individuals with disabilities access to the same employment opportunities and benefits available to others without disabilities. Its provisions apply to em- ployers with 25 or more employees (effective July 26, 1992) and to those with 15 or more employees (effective July 26, 1994). Title II, Subpart C, of the ADA addresses employment discrimination, but references Title I and Section 504 for specific requirements concerning employment. However, the Rehabilitation Act Amendments of 1992 amended Section 504 to incorporate the employment standards of Title I. As a result, all public school dis- tricts, regardless of the number of employees, are subject to Title I standards. The employment provisions of the ADA are enforced primarily by the Equal Employment Opportunity Commission (EEOC).
Title II - Nondiscrimination on the Basis of Disability in State and Local Government Services See: “Title II ADA (State and Local Governments)” on page 4 -- A -- 4.
Title III - Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities
This Title prohibits discrimination on the basis of disability by private entities in places of public accommodation (such as hotels, stadiums, cinemas, cafeterias, golf courses, private schools, day care centers, health clubs and conference centers). Title III requires that all new places of public accommodation and commercial facilities be designed and constructed so that they are readily accessible to, and usable by, persons with disabilities. It also requires that private entities that conduct examinations or courses for professional and trade licensing or certifi- cation provide equal opportunity to persons with disabilities.
2 — 5 Title IV - Telecommunications Relay Services
Title IV is a portion of the ADA statute, enforced by the Federal Communications Commission, that requires telephone companies to have developed interstate and intrastate telecommunications relay services (TRS) 24 hours a day, 7 days a week. TRS enables callers with hearing limitations and speech disabilities who use telecommunications devices for the deaf (TDDs), which are also known as teletypewriters (TTYs), and callers who use voice telephones to communicate with each other through a third party communications assistant. The requirements of Title IV should not be confused with the requirements of Title II Subpart E (Communications) of and Section 504 regulation at 49 CFR 27.7 (c), where STAs are required to ensure that their communications are accessible to individuals with hearing and visual impairments. Under Subpart E, an STA is required to pro- vide program participants access to TDD/TTY service that would be provided to STAs by a telephone company in order to make the STAs’ programs, services and activities accessible. The enforcement of Title IV is the responsibility of the Federal Communications Commission (FCC), not FHWA, as FCC has jurisdiction over telephone companies. This is discussed in further detail on Page 7-6.
Title V - ADA Miscellaneous Provisions
Title V contains a variety of provisions relating to the ADA as a whole, including its relationship to other laws and its impact on insurance providers and benefits. It also states that individuals cannot be required to accept accommodations and services against their will; clarifies the fact that public entities, including the States, can be sued for ADA violations; prohibits retaliation and coercion against those exercising or seeking to exercise their rights under the ADA; and summarizes remedies and procedures. It establishes the role of Federal agencies with respect to enforcement and technical assistance related to the ADA and extends coverage to the U.S. Congress.
This Desk Reference will address FHWA’s roles and responsibilities for Title II ADA and Section 504 of the Rehabilitation Act of 1973 for which the basic content of each of these will be noted below. However, not all of the distinct provisions of each section will be included in this overview.
TITLE II - ADA (State and Local Governments)
This Title prohibits discrimination on the basis of disability by public entities. It is divided into two parts, the first of which deals with State and local governments and the second with public transportation. The provisions related to State and local governments are similar to those previously set forth under Section 504 for public and private entities that receive Federal funding. Title II extends that nondiscrimination mandate to all public entities, regard- less of funding status. The Federal Highway Administration enforces Title II as it pertains to transportation agen- cies and local governments that build, own, operate and maintain pedestrian facilities along the roads and high- ways.
With the passage of the ADA, people with disabilities are, for the first time, assured of access to all programs and services provided by State and local government agencies. Previously, under Section 504 of the Rehabilita- tion Act of 1973, as amended, only those public entities that receive Federal funding were explicitly prohibited from discriminating on the basis of disability. But ADA Title II prohibits all public entities--even those completely independent from Federal funding--from discriminating against people with disabilities. Title II is divided into two Subtitles. This Desk Reference focuses on SubTitle or Part A, which is implemented by the United States De- partment of Justice's Title II regulation at 28 CFR Part 35. SubTitle or Part B covers public transportation and is implemented by the Department of Transportation's regulation at 49 CFR Part 37. SubTitle or Part B provisions will not be addressed here. The use of the term "Title II" throughout this Desk Reference is intended to refer only to ADA Title II, Part A, 42 USC 12131 - 12134.
2 — 6 The United States Department of Justice regulates the enforcement of ADA Title II in 28 CFR Part 35. The reach of the regulation is stated to include “all services, programs, and activities provided or made available by public entities” but not those designated as public transportation services, programs, and activities of public enti- ties that are covered by part B of Title II (42 U.S.C. 12141). 28 CFR § 35.102.
The obligation to comply with Title II extends to all public entities, including:
• any State or local government; and
• any department, agency, special purpose State Transportation Agency, or other instrumentality of a State or local government.
All STA systems must meet ADA Title II accessibility standards because they are considered "instrumentalities" of the State government. All programs, activities, and services of STA systems must meet ADA Title II accessi- bility standards. Examples of activities covered include:
• the operation of all services and programs offered by the entity;
• all aspects of the employment relationship; and
• services carried out by contractors.
ADA TITLE II REGULATION SUBPARTS
The regulation implementing SubTitle or Part A of ADA Title II is divided into seven Subparts: (1) general, (2) general requirements, (3) employment, (4) program accessibility, (5) communications, (6) compliance procedures, and (7) designated agencies. The basic content of each of these will be noted briefly below. However, not all of the distinct provisions of each section will be included in this brief overview. For more detailed information, consult the chapter in which that part is discussed (indicated at the end of each section summary).
General (28 CFR 35.101-35.107)
This Subpart provides basic background on the law's purpose, its relationship to other laws, and key definitions essential to its interpretation. It also presents the requirement that public entities conduct a self-evaluation to determine whether they are in compliance, provide notice regarding the rights and protections afforded by Title II, and, if the entity employs over 50 persons, designate a responsible employee to coordinate the entity's com- pliance with Title II and establish a grievance procedure to handle complaints.
General Requirements (28 CFR 35.130-35.135)
This Subpart of the Title II regulation addresses the basic mandate of the ADA: that no qualified individual with a disability shall be excluded from participation in, or denied access to, programs or activities; denied benefits or services; or be subjected to discrimination by any public entity. Specifically, this section discusses the general prohibitions against discrimination, and provisions regarding the illegal use of drugs, smoking, maintenance of accessible features, retaliation or coercion, and personal devices and services.
Employment (28 CFR 35.140)
The ADA Title II regulation states that public entities are prohibited from discriminating in employment in any service, program or activity conducted by the public entity. Title II ADA requires that public entities follow Title I requirements, as established by the regulations of the Equal Employment Opportunity Commission in 29 CFR part 1630, It should also be noted that Section 504, at 49 CFR §27.19 provides that compliance with the EEOC
2 —- 7 Title I regulations is required as a condition of compliance with Section 504 for FHWA recipients even for organi- zations which, because they have fewer than 25 or 15 employees, would not be subject to the EEOC regulation in its own right. Compliance with all these regulations is a condition of receiving Federal financial assistance from the Department of Transportation. Therefore, all STAs are subject to ADA Title I standards.
The basic mandate of ADA Title I is that an employer cannot discriminate against qualified individuals with dis- abilities in its employment policies and practices. For example, employers are required to make reasonable ac- commodations for qualified applicants and employees with disabilities upon their request, unless the employer can prove that providing the accommodation would result in an undue hardship. The ADA Title I regulation pro- hibits discrimination in all aspects of employment, including recruitment, advertising, the application process, job classifications, position descriptions, testing, interviewing, hiring, assignments, evaluation, discipline, medical examinations, compensation, promotion, on-the-job training, leave, tenure, seniority, lines of progression, bene- fits (such as health insurance), social and recreational programs, layoff/recall, and termination.
Program Accessibility (28 CFR 35.149-35.151)
This Subpart of the Title II regulation addresses the requirement that public entities ensure that their programs and activities are accessible to, and usable by, persons with disabilities. This section governs STA buildings, facilities, including pedestrian facilities within the public right-of-way. The ADA Title II regulation also contains standards for existing facilities, as well as for new construction and alterations of facilities.
This Subpart of the Title II regulation addresses the requirement that public entities ensure that communications with applicants, participants, and members of the public with disabilities are as effective as communications with others. The Subpart addresses the responsibility of a public entity to furnish auxiliary aids and services. In addi- tion, it sets forth requirements for providing TDDs, telephone emergency services, and information and signage. While the Section 504 regulation does contain a number of nondiscrimination requirements that, taken as a whole, result in an obligation to provide effective communication, the Title II regulation contains specific requirements that are not provided in the Section 504 regulation (e.g., requirements for TDDs and telephone emergency services).
Compliance Procedures (28 CFR 35.170-35.178)
This Subpart establishes the administrative procedures for enforcement of ADA Title II. It also states provisions related to attorney's fees, alternative means of dispute resolution, the effect of the unavailability of technical assistance, and State immunity.
Designated Agencies (28 CFR 35.190)
This Subpart designates the Federal agencies responsible for investigation of ADA Title II complaints, distributing enforcement responsibilities for particular public entities among eight Federal agencies. The U.S. Department of Transportation is designated to enforce ADA Title II in areas within the public right-of-way. Complaints related to employment are referred to the Equal Employment Opportunity Commission (EEOC). Complaints regarding TDD/TTY service are to be referred to the Federal Communication Commission after careful and thorough review to determine that the allegations do not involve compliance issues covered under Title II ADA Subpart E (communications).
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APPLICATION OF OTHER LAWS
The ADA statute and regulations clearly specify that ADA Title II may not be interpreted to apply a lesser degree of protection to individuals with disabilities than is provided under Section 504. The U.S. Department of Justice Regulation explains at 28 CFR § 35.103 the ADA Title II relationship to these other laws as follows:
(a) Rule of Interpretation. Except as otherwise provided in this part, this part shall not be construed to apply a lesser standard than the standards applied under Title V of the Rehabilitation Act of 1973 (29 U.S.C. 791) or the regulations issued by Federal agencies pursuant to that title. (b) Other laws. This part does not invalidate or limit the remedies, rights, and procedures of any other Federal laws, or State or local laws (including State common law) that provide greater or equal protection for the rights of individuals with disabilities or individuals associated with them.
ADA Title II, like Section 504, requires covered entities to evaluate current policies and practices. The ADA does not require new self-evaluations for all State Transportation Agency programs and activities. If the STA completed a self-evaluation as part of its obligations under Section 504, only programs not previously reviewed, or changes in programs and functions, must be evaluated. However, many Section 504 self-evaluations were conducted years ago; actions taken to comply with Section 504 may not have been fully implemented or may no longer be effective, and the scope of the covered program or activity may have been more limited than subsequently required by statute.
Therefore, it is strongly encouraged that STAs conduct a comprehensive review of all current programs, and periodically update those reviews.
Similarly, the transition plan required by ADA Title II must cover structural changes to facilities to achieve pro- gram accessibility in parts of the STA’s operation not covered by the Section 504 transition plan. If there are structural or other changes identified in your previous transition plan for Section 504 that have not been com- pleted, these changes should be included as priorities in the Title II transition plan. Note also that the ADA does not in any way relieve STAs from complying with any other State, local, or Federal laws that bear on the rights of individuals with disabilities and that provide protection at least equal to that given under the ADA.
References:
1. “Compliance with the Americans with Disabilities Act: A Self-Evaluation Guide for Public Elementary and Secondary Schools,” U.S. Department of Education, Office of Civil Rights, Washington, D.C. 277pp.
2 — 9 2 — 10 ADA/504 Chapter 1
CONSIDERATIONS
III. PROJECT OVERSIGHT
Throughout the project delivery process, public entities must incorporate accessibility requirements of Section 504 of the Rehabilitation Act and Title II of the ADA. For all projects that use Federal funds as part of the financing arrangements, FHWA needs to periodically review those projects, where they have oversight responsibilities, for accommodation of pedestrians. In contacts with State and local officials, the FHWA needs to encourage them to develop procedures for incorporating pedestrian accessibility into their projects. The Area Engineers often are the principal contact for all “project” matters. In many respects Area Engineers serve as generalists - involved in project planning, location, design, construction and maintenance activities. They must evaluate proposed systems and project changes for adequacy and effect upon the Federal-aid highway system (including public rights-of-way). The Area Engineers’ oversight responsibility may include periodic project re- views and inspections to assure compliance with the regulations and recommend conformance with established design practices. In the course of their activities, the Area Engineers must work with their partners (STAs and local agencies) to ensure that accessibility features such as curb ramps, truncated domes, and barrier-free sidewalks/trails meeting ADAAG standards are incorporated into transportation projects.
For Federal-aid highway projects that involve alterations to existing roadways, existing pedestrian facilities within project limits must be reviewed to determine whether they meet criteria (e.g., ADA/504 regulations and accessibility guidelines, FHWA policy, applicable court decisions) to warrant improvements to meet ADAAG standards at the same time as the original project activity, if alterations to an existing facility are taking place. In other words, when resurfacing of a street alters the usability of the street as per FHWA policy, curb ramps within projects limits of the alteration project must be improved to the maximum extent feasible to meet ADAAG standards (including detectable warnings) at the same time that the project occurs. The divisions shall not approve Federal funding for projects that do not adequately provide pedestrian access for persons with disabilities where the project scope and limits include pedestrian facilities in the public right-of-way.
In addition, Area Engineers (and their State/local counterparts) must ensure during routine project inspections that pedestrian access is maintained (as appropriate) during construction in accordance with the provisions of Chapter 6D of the Manual on Uniform Traffic Control Devices (MUTCD). Reviewers of traffic control plans must ensure that adequate provisions are made within work zones for persons with disabilities with regard to accessibility in the public right-of-way. See: 28 CFR Part 35; 23 CFR 652; “Design Guidance: Accommodating Bicycle and Pedestrian Travel: A Recommended Approach, A USDOT Policy Statement on Integrating Bicycling and Walking into Transportation Infrastructure”; SAFETEA-LU.
FHWA’s Oversight Role in Accessibility – General Overview
In February 2000, the FHWA issued a policy providing technical guidance to integrate facilities for pedestrians, including persons with disabilities, into the transportation infrastructure. The guidance can be found at www.fhwa.dot.gov/environment/bikeped/design.htm#d4.
The ADA and Section 504 do not require public agencies to provide pedestrian facilities. However, where pedestrian facilities exist they must be accessible. Furthermore, when public agencies construct improvements providing access for pedestrians, the completed project also must meet accessibility requirements for persons with disabilities to the maximum extent feasible.
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Accessibility Design Criteria for Sidewalks, Street Crossings, and Trails Sidewalks and Street Crossings
Where sidewalks are provided, public agencies shall provide pedestrian access features such as continuous, unobstructed sidewalks, and curb cuts with detectable warnings at highway and street crossings. 28 CFR 35.15 l (c), referencing 28 CFR Part 36, App. A, ADA Accessibility Guidelines (ADAAG). The FHWA encourages the use of ADAAG standards. If pedestrian signals are provided, they must have a reasonable and consistent plan to be accessible to persons with visual disabilities. Sidewalks and street crossings generally should use the guidelines the Access Board is proposing for public rights-of-way.
The FHWA distributed an information memorandum on November 20, 2001, stating that Designing Sidewalks and Trails, Part II, Best Practices Design Guide can be used to design and construct accessible pedestrian facilities. This report provides information on how to implement the requirements of Title II of the ADA. Designing Sidewalks and Trails for Access is the most comprehensive report available for designing sidewalks and street crossings and contains compatible information on providing accessibility with information published by the Access Board in the ADAAG. This report can be found at www.fhwa.dot.gov/environment/sidewalk2.
When the Access Board completes guidelines for public rights-of-way and they are adopted by the United States Department of Transportation and DOJ as standards under the ADA and Section 504, they will supersede the currently used standards and criteria. When Federal-aid highway program funds are used for parking facilities, or buildings such as transit facilities, rest areas, information centers, transportation museums, historic preserva- tion projects, or other projects where pedestrians are expected, the project must meet the current applicable accessibility standards, whether or not the project is within the public right-of-way.
FHWA Responsibilities The FHWA is responsible for ensuring public agencies meet the requirements of the ADA and Section 504 for pedestrian access for persons with disabilities. Under DOJ regulations, FHWA divisions must work with their STAs, MPOs, and local public agencies to ensure ADA and Section 504 requirements are incorporated in all program activities for all projects within the public right-of-way regardless of funding source. Program activities include project planning, design, construction, and maintenance. Furthermore, FHWA is responsible for ensuring accessibility requirements for projects that are not within public right-of-way, but use funding through FHWA. This includes parking areas, information centers, buildings, shared use paths, and trails.
Divisions have a legal responsibility to work with State agencies or other recipients to ensure ADA and Section 504 requirements are incorporated into all projects using funding through FHWA. For all projects that use Fed- eral funds as part of the financing arrangements, the division offices need to periodically:
• Review those projects, where they have oversight responsibilities, for accommodation of pedestrians. The divisions shall not approve Federal funding for projects that do not adequately provide pedestrian access for persons with disabilities where the project scope and limits include pedestrian facilities in the public right-of-way.
• Review the Stewardship Agreement to ensure pedestrian accessibility requirements are included, as appropriate.
• Review the State DOT, MPO, and/or local jurisdiction processes, procedures, guidelines, and/or policies that address ADA in transportation planning and programming processes and how accessibility commitments are addressed in transportation investment decisions.
• Assist transportation agencies in updating their transition plans. The United States Department of Transportation Section 504 regulation requires FHWA to monitor the compliance of the self-evaluation and transition plan of Federal-aid recipients (49 CFR 27.11). The ADA deadline for completing the
2 — 12 accessibility improvements within the transition plan was in 1995. For those State and local govern- ments that have not performed the self-evaluation and prepared a plan, it is critical that they complete the process.
• Encourage and facilitate training for FHWA personnel on accessible pedestrian features.
• Ensure pedestrian accessibility compliance through periodic program reviews of recipients' highway planning, design, and construction activities.
In addition, the Federal Lands Highway Divisions should ensure that each direct Federal construction project fulfills both policy guidance on pedestrian access and meets the minimum ADA and Section 504 accessibility requirements.
For all highway, street and trail facilities, regardless of whether Federal funds are involved, the division offices need to:
• Perform onsite review of complaints about accessibility and report the findings of the review to the FHWA Headquarters Office of Civil Rights.
• Make presentations and offer training on pedestrian accessibility at meetings, conferences, etc.
• In contacts with State and local officials, encourage them to develop procedures for incorporating pedestrian accessibility into their projects.
Planning Title 23 requires that long-range transportation plans and transportation improvement programs, in both statewide and metropolitan planning processes, provide for the development and integrated management and operation of accessible transportation systems and facilities. Additionally, STAs and Metropolitan Planning Organizations (MPOs) must certify (at least biennially for STAs and annually for MPOs) that the transportation planning process is being carried out or conducted in accordance with all FHWA, Federal Transit Administration and other applicable Federal statutory and regulatory requirements [see 23 CFR 450.220 and 23 CFR 450.334, respectively]. Further, 23 CFR 450.316(b)(3) requires the metropolitan planning process to identify actions necessary to comply with the ADA and Section 504.
Transition Plans The ADA and Section 504 require State and local governments with 50 or more employees to perform a self-evaluation of their current services, policies, and practices that do not or may not meet ADA requirements. The public agency must develop a transition plan addressing these deficiencies. This plan assesses the needs of persons with disabilities, and then schedules the required pedestrian accessibility upgrades. The transition plan is to be updated periodically, with its needs reflected in the processes utilized by STAs, MPOs, and transit agencies to develop the Statewide Transportation Improvement Programs and metropolitan Transportation Improvement Programs.
Projects Public agencies should work to meet accessibility requirements throughout the project delivery process. Issues surrounding pedestrian accessibility should be addressed at the earliest stage possible to reduce or prevent con- flicts with other right-of-way, planning, environmental, and design considerations. This could include the acquisi- tion of right-of-way and use of special plan details for specific locations to remove barriers. Projects requiring pedestrian accessibility include projects for new construction and projects altering existing street and highway facilities.
2 — 13 New Construction All projects for new construction that provide pedestrian facilities must incorporate accessible pedestrian features to the extent technically feasible, without regard to cost. The development process should ensure accessibility requirements are incorporated in the project.
Alterations Alterations shall incorporate accessibility improvements to existing pedestrian facilities to the extent that those improvements are in the scope of the project and are technically feasible, without regard to cost. Projects alter- ing the usability of the roadway must incorporate accessible pedestrian improvements at the same time as the alterations to the roadway occur. See Kinney v. Yerusalim, 9 F.3d 1067 (3d Cir. 1993), cert, denied, 511 U.S.C. 1033 (1994). Alterations are changes to a facility in the public right-of-way that affect or could affect access, circulation, or use by persons with disabilities.
The FHWA has determined that alterations are projects that could affect the structure, grade, function, and use of the roadway. Alteration projects include reconstruction, major rehabilitation, structural resurfacing, widening, signal installation, pedestrian signal installation, and projects of similar scale and effect.
Maintenance Maintenance activities are not considered alterations. Therefore, maintenance projects do not require simultane- ous improvements to pedestrian accessibility under the ADA and Section 504. The U.S. Department of Justice (DOJ) and the courts consider maintenance activities to include filling potholes. The FHWA has determined that maintenance activities include actions that are intended to preserve the system, retard future deterioration, and maintain the functional condition of the roadway without increasing the structural capacity. Maintenance activities include, but are not limited to, thin surface overlays (nonstructural), joint repair, pavement patching (filling potholes), shoulder repair, signing, striping, minor signal upgrades, and repairs to drainage systems.
As part of maintenance operations, public agencies' standards and practices must ensure that the day-to-day operations keep the path of travel open and usable for persons with disabilities, throughout the year. This in- cludes snow and debris removal, maintenance of pedestrian traffic in work zones, and correction of other disruptions. Identified accessibility needs should be noted and incorporated into the transition plan.
Accessibility Design Criteria for Sidewalks, Street Crossings, and Trails Sidewalks and Street Crossings shall be followed, where sidewalks are provided. Public agencies shall provide pedestrian access features such as con- tinuous, unobstructed sidewalks, and curb cuts with detectable warnings at highway and street crossings. 28 CFR 35.151(c), referencing 28 CFR Part 36, App. A, ADA Accessibility Guidelines (ADAAG). The FHWA encourages the use of ADAAG standards. If pedestrian signals are provided, they must have a reasonable and consistent plan to be accessible to persons with visual disabilities.
Sidewalks and street crossings generally should use the guidelines the Access Board is proposing for public rights-of-way. The FHWA distributed an information memorandum on November 20, 2001, stating that Designing Sidewalks and Trails, Part II, Best Practices Design Guide can be used to design and construct accessible pe- destrian facilities. This report provides information on how to implement the requirements of Title II of the ADA. Designing Sidewalks and Trails for Access is the most comprehensive report available for designing sidewalks and street crossings and contains compatible information on providing accessibility with information published by the Access Board in the ADAAG. This report can be found at www.fhwa.dot.gov/environment/sidewalk2. When the Access Board completes guidelines for public rights-of-way and they are adopted by the United States Department of Transportation and Department of Justice as standards under the ADA and Section 504, they will supersede the currently used standards and criteria.
When Federal-aid highway program funds are used for parking facilities, or buildings such as transit facilities, rest areas, information centers, transportation museums, historic preservation projects, or other projects where pedestrians are expected, the project must meet the current applicable accessibility standards, whether or not the project is within the public right-of-way. The ADAAG includes special provisions for building alterations and for historic preservation projects.
2 — 14 Shared Use Paths and Trails The design standards for shared use paths and trails are specific to the function of the path or trail:
• Shared use paths and pedestrian trails that function as sidewalks shall meet the same requirements as sidewalks. Where shared use paths and pedestrian trails cross highways or streets, the crossing also shall meet the same requirements as street crossings, including the provision of detectable warnings.
• Shared use paths and pedestrian trails that function as trails should meet the accessibility guidelines proposed in the Access Board's Regulatory Negotiation Committee on Accessibility for Outdoor Devel- oped Areas Final Report found at www.accessboard.gov/outdoor/outdoor-rec-rpt.httn. This report also has guidelines for Outdoor Recreation Access Routes (routes connecting accessible elements within a picnic area, camping area, or a designated trailhead).
• Recreational trails primarily designed and constructed for use by equestrians, mountain bicyclists, snow- mobile users, or off-highway vehicle users, are exempt from accessibility requirements.
Technical Feasibility and Cost When constructing a new transportation facility or altering an existing transportation facility, a public agency should consider what is included within the scope of the project. For elements that are within the scope of the project, the ADAAG provides that "Any features of a... Facility that are being altered and can be made accessi- ble shall be made accessible [i.e., made to conform with ADAAG] within the scope of the alteration." ADAAG 4.1.6(j). The only exception to this rule is where conformity with ADAAG is "technically infeasible," meaning that "existing structural conditions would require removing or altering a load-bearing member which is an essential part of the structural frame [e.g., in the case of a highway project, a bridge support]; or because other existing physical or site constraints prohibit modification of additional elements, spaces, or features which are in full and strict compliance with the minimum requirements for new construction and which are necessary to provide ac- cessibility." ADAAG 4.1.6(j). Where making an alteration that meets accessibility requirements is technically infeasible, the public agency must ensure that the alteration provides accessibility to the "maximum extent feasible."
If a public agency believes that full ADAAG compliance is technically infeasible, the public agency should document that the proposed solution to the problem meets the "maximum extent feasible" test. With respect to any element of an alteration that is within the scope of the project and is not technically infeasible, DOJ guidance provides that under ADAAG standards "cost is not a factor." DOJ Technical Assistance Manual for Title II of the ADA, 11-6.3100(4). Consequently, if the accessibility improvement is technically feasible, the public agency must bear the cost of fully meeting ADAAG standards.
However, cost may be a factor in determining whether to undertake a stand-alone accessibility improvement identified in a transition plan. For example, if an existing highway, not scheduled for an alteration, is listed in the public agency's transition plan as needing curb cuts, the public agency may consider costs that are "unduly burdensome." The test for being unduly burdensome is the proportion of the cost for accessibility improvements compared to the agency's overall budget, not simply the project cost.
If the project alters any aspect of the pedestrian route, it must be replaced with accessible facilities. Additional work outside of the scope and limits of the project altering a facility is at the discretion of the agency. However, any features not conforming to ADA requirements outside the project scope should be added to the transition plan.
2 — 15
2 — 16 ADA/504 Chapter 1
CONSIDERATIONS
IV. PROGRAM OVERSIGHT
Listed below are actions that FHWA performs that relate to ADA/504 compliance, oversight and program admini- stration. They constitute STA and sub-recipient programs, services and activities. These activities are performed by staff located in the Federal-aid Division Office, with support from the Resource Center and Headquarters, as needed. These actions are:
• Approval of the State’s/Metropolitan Planning Organizations’ transportation planning processes. The transportation planning process is carried out with the active and on-going involvement of the public, affected public agencies, and transportation providers. It is important that the planning process provide for integrated and accessible pedestrian networks that mesh seamlessly with other transportation modes. Bicycle facilities and pedestrian walkways shall be considered, where appropri- ate, in conjunction with all new construction and reconstruction of transportation facilities except where bicycle use and walking are not permitted (based upon the factors required by 23 USC 217). Trans- portation plans and projects must consider safety and contiguous routes for bicyclists and pedestrians, including persons with disabilities. Curb cuts, detectable warnings, and accessible sidewalks must be provided in pedestrian facilities to meet ADAAG standards. The public entities must have a reasonable and consistent policy for other accessible pedestrian facilities, such as ac- cessible pedestrian signals, that provide pedestrian access for persons with disabilities. See: 3 USC Section 217(g); 23 CFR §§ 450.220, 450.316(b), 450.334; 652.5 & 652.11; “Design Guidance: Accommodating Bicycle and Pedestrian Travel: A Recommended Approach, A US DOT Policy Statement Integrating Bicycle and Walking into Transportation Infrastructure” (http://www.fhwa.dot.gov/environment/bikeped/design.htm#d4)
• The Transportation Enhancement (TE) Program, a subcomponent of the Surface Transportation Pro- gram, provides innovative opportunities to enhance and contribute to the transportation system of local communities. Ten percent (10%) of a State’s STP funds is required to be set aside for TE activities. Qualified TE activities include pedestrian and bicycle facilities. In addition, TE funds may be used for workforce development, training and education provided the activity specifically benefits eligible TE activities. Projects that provide/improve access for persons with disabilities (i.e., sidewalks, curb ramps, etc.) are considered eligible TE activities. The TE program guidance states that the Division offices should strongly encourage the State and Metropolitan Planning Organizations to seek out and fully integrate TE activities into both their plan development and programming processes. Accord- ingly, the Division offices should promote and encourage the use of TE program funding for local projects that improve the accessibility for persons with disabilities (such as sidewalks, curb ramps, detectable warnings, accessible restroom facilities at rest areas, etc.). See: SAFETEA-LU Section 1113(c); 23 USC 104(b)(3); 23 USC 133(d)(2): HIPA-10 memo dated November 30, 2005, “Surface Transportation Program (STP) Section 1113 of SAFETEA-LU Implementing Guidance.”
• Surface Transportation Workforce Development, Training and Education – SAFETEA-LU provides that States may obligate a portion of Surface Transportation Program funds apportioned to the States for training and educational activities tuition and direct educational expenses (excluding salaries) in connection with the education and training of employees of State and local transportation agencies; employee professional development; student internships; university or community college support; and education activities, including outreach, to develop interest and promote participation in surface trans- portation careers. FHWA training such as the “Designing Accessible Pedestrian Facilities” work- shop could be considered an eligible expense under this program, which will help State and
2 — 17 Local transportation agency staff gain knowledge of ADA/504 laws, regulations, accessibility guidelines and best practices in accessible pedestrian design for practical application. See: SAFETEA-LU Section 5204(e)…23 USC 504(e); 23 USC 101(a)(35) HPC-1 memo dated January 11, 2006 “SAFETEA-LU Implementation Section 5204(e) State Core Program Funds for Workforce Devel- opment”).
• Recreational Trails Program (RTP) – The Recreational Trails Program (RTP) is a Federal-aid assistance program to help States provide and maintain recreational trails for both motorized and non-motorized recreational trail use. The FHWA has developed an RTP Guidance document, which provides States with FHWA’s interpretation of how to implement the Federal statute. This guidance document contains a section entitled, “Accessibility Guidance for Bicycle and Pedestrian Facilities, Recreational Trails, Scenic Byways, and Transportation Enhancements,” which will assist States in their efforts to ensure access to trails for persons with disabilities (to the extent feasible). RTP Coordinators in the Division office must ensure that recipients of RTP funds are fully aware of their responsibilities to provide accessibility (as appropriate) in their trails programs/ projects, and that project approvals/acceptance considers the recipient’s efforts to provide barrier free access. See: SAFETEA-LU Section 1109; 23 USC 104(h); 23 USC 206; FHWA Recreational Trails Program Guidance.
• Approval of State Design Standards - Individuals responsible for review and approval of State Design Standards (such as FHWA Design Engineers) must not only be knowledgeable of concepts for geometric design of highways, but must also understand universal design requirements that address the needs of persons with disabilities. The reviewer and/or approving authority must ensure that the State’s Design Standards incorporate accessibility features, where applicable (in compliance with applicable ADA standards of the ADAAG, UFAS1, AASHTO Green Book, and MUTCD) and only grant approval for those design standards that meet or exceed accessibility requirements. Design reviews undertaken by the Division should include a component for assessing accessibility. As part of this assessment, FHWA encourages coordination not only with appropriate external partners, but also with internal technical specialists such as the Civil Rights Specialists, Bicycle-Pedestrian Coordinators, and Recreational Trails Program Coordinators (as appropriate) for their feedback on accessibility features.
References: 23 USC Section 109; 23 CFR Part 625; 23 CFR Part 652.5 and 652.13; AASHTO “Guide for Development of Bicycle Facilities”; “Design Guidance: Accommodating Bicycle and Pedestrian Travel: A Recommended Approach, A USDOT Policy Statement on Integrating Bicycling and Walking into Transportation Infrastructure.”
• Approval of State’s Right-of-Way Procedures/Certification – Individuals responsible for review and ap- proval of the State Right-of-Way procedures/certification must ensure the State’s compliance with the Uniform Relocation Assistance & Real Property Acquisition Policies Act of 1970 (Uniform Act). The USDOT/FHWA regulations implementing the Uniform Act specify that State and local right-of-way regulations must comply with other laws and regulations, including the ADA and including both the ADA and Section 504. For example, when an STA provides a replacement dwelling: in addition to being decent, safe and sanitary for a displaced person with disabilities, the State or locality must en- sure that the dwelling is free of any barriers that would preclude reasonable ingress, egress, or use of the dwelling by a person with disabilities.
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1 Section 504 recipients have the choice between using ADAAG or UFAS in new construction or alterations, but UFAS will no longer be used once the revised ADAAG (also known as the ADA/ABAAG) have been adopted by USDOJ and USDOT.
2 —18 • Approval of Environmental Processes/Documents under NEPA – Individuals responsible for review and approval of environmental processes/documents must ensure, among other things, that because of disability, no person is excluded from participating in, or denied the benefits of, or subjected to dis- crimination under any program or procedural activity required by or developed pursuant to the environ- mental regulations. Examples of specific areas of the NEPA process where accessibility issues may arise are (1) during the public outreach/involvement process ensuring that meetings are held in facili- ties that accommodate the needs of persons with disabilities and sign language interpreters are pro- vided, as requested; and (2) review of alternatives, considering project impacts that have the potential to adversely affect persons with disabilities or businesses that serve persons with disabilities (i.e., pe- destrian facilities, parking, relocation/replacement housing) along with appropriate mitigation. These issues should be identified in the Relocation/Social/Affected Environment section of the NEPA docu- ment.
• Civil Rights Program Oversight – Achievement of a fully accessible transportation system requires a multi-disciplinary approach. The Civil Rights Specialists and other FHWA Division staff tasked with civil rights duties are expected to be fully knowledgeable of civil rights laws such as Section 504 and the ADA, and how these laws interface with our overall transportation decisions. Civil Rights Special- ists must work in partnership with other Division technical specialists, Division Office management, Headquarters/Resource Center staff and recipients/sub-recipients to ensure that (1) the civil rights disability laws are applied to all programs areas, as appropriate; (2) FHWA recipients/sub-recipients are informed of their responsibilities to provide accessibility to their programs (i.e., public rights-of- way) and activities; (3) recipients/sub-recipients apply appropriate accessibility standards to all trans- portation facilities; and (4) complaints filed under Section 504 or the ADA are processed in accordance with established complaint procedures. (Note: The Civil Rights Specialists are the designated officials for complaint intake and processing in accordance with agency policies/procedures.) Likewise, FHWA Division Technical specialists (engineers, planners, environmental specialists, right-of-way officers), must keep Civil Rights Specialists apprised of any developments in their oversight activities that involve ADA/504 compliance issues. As part of the FHWA’s oversight responsibilities, the Civil Rights Specialist should periodically conduct program management/process reviews of the recipients’/sub- recipients’ policies and practices associated with implementing the requirements of Section 504 and the ADA. These reviews should include review of assurances non-discrimination, designation of ADA coordinator, self-evaluation, transition plan and progress toward achieving program accessibility, monitoring/enforcement, complaint/grievance procedures, new construction/alterations activities, and maintenance of accessible facilities. The Civil Rights Specialist shall seek the cooperation of the STAs in securing compliance with the Section 504/ADA requirements and provide assistance and guidance, as necessary. FHWA divisions should also review the Stewardship Agreements they have wit their parents to ensure pedestrian accessibility requirements are included, as appropriate, as well as STA, MPO, and/or local jurisdiction planning and programming processes and how accessibility commitments are addressed in transportation investment decisions.
• In instances of noncompliance, the Civil Rights Specialist (in collaboration with other Division specialists, as appropriate) shall make every attempt to resolve issues through informal means. If there is a failure to comply, the Civil Rights Specialist may recommend to the Division Administrator withholding of Federal funds and/or review by the U.S. Department of Justice for appropriate action.
2 — 19 2 — 20 ADA/504 Chapter 1
CONSIDERATIONS
V. Complaint Investigation and Resolution
The third method of ensuring that all FHWA recipients and public entities comply with ADA and 504, including STAs, is through the investigation and resolution of ADA/504 complaints. FHWA has the authority under Title II ADA at subpart G and 28 CFR § 35.170 and Section 504 at 49 CFR § 27.123 to receive complaints against its recipients and public entities that have responsibility or road, highways and pedestrian facilities. These regula- tions have specific procedure with respect to processing, investigation, resolution and enforcement. Any person who believes that he or she or any specific class of persons has been subjected to discrimination or retaliation prohibited on the basis of disability under Title II ADA or Section 504 may file a written complaint with FHWA. The complaint may be filed by the affected individual or a representative of that individual. While complaints may be submitted to FHWA directly, it is not unusual for ADA/504 complaints that are processed by FHWA to be initially received by the United States Department of Transportation’s (USDOT’s) Departmental Office of Civil Rights, the U.S. Department of Justice (USDOJ), and even the complainant’s U.S. Senator or Congressperson. A complaint must be filed not later than 180 days from the date of the alleged discrimination, unless the time for filing is extended by the designated agency for good cause shown. It is important to note that a complaint may be filed with any agency that provides funding to the recipient, sub-recipient or public entity that is the subject of the complaint. (FHWA or STA).
FHWA Title II ADA/Section 504 Complaint Procedures and Process
Listed below are procedures developed by the FHWA Office of Civil Rights for processing ADA/504 complaints, whether the complaint is against a STA or a sub-recipient of the STA. These procedures cover those complaints received by FHWA and not the STA. Complaints received by the STA are processed according to their ADA/504 grievance procedures in accordance with the Title II regulation at 28 CFR § 35.107(b) and the Section 504 regu- lation at 49 CFR § 27.13(b). See Chapter 2, Section III - ADA Program: Minimum Requirements of the Desk Reference for greater details on STA grievance procedures.
1. All ADA/504 complaints will be investigated by the Division Office or the State Transportation Agency (STA).
2. If the Division Office receives an ADA/504 complaint directly it will forward a copy to the Office of Civil Rights for a complaint number and entry into the U.S. Department of Transportation’s tracking system.
3. If the complaint is against the STA, the Division Office will conduct the investigation and forward the investigative report to the Office of Civil Rights for final review and issuance of the Letter of Finding.
4. If the ADA/504 complaint is against a local entity, the Division Office has the option of allowing the STA to conduct the investigation. Upon completion of an investigation by the STA, the STA will for- ward the file and the investigative report to the Division Office where it will be reviewed for complete- ness before the Division Office forwards the file to the Office of Civil Rights for final review and issuance of the Letter of Finding.
5. If the STA does not wish to investigate the ADA/504 complaint, then the Division Office will conduct the investigation.
2 — 21 6. The FHWA Office of Civil Rights will issue the Letter of Finding to the complainant and issue a decision memorandum to the Division Office.
7. The decision memorandum to the Division Office will state whether there is a finding of compliance or non-compliance.
8. If there is a finding of non-compliance the Office of Civil Rights will provide instructions to the Division Office regarding implementation of the required corrective action.
9. Whenever corrective action is required, the Division Office will send a letter to the STA or local entity stating what corrective action is necessary with the designated time frames for completion of the action.
10. The Division Office will provide periodic updates on the status of the corrective action to the Office of Civil Rights.
11. All ADA/504 complaints will remain open until all corrective action is completed.
As stated above, all ADA/504 complaints investigated by FHWA or the STA received by FHWA must originate with FHWA’s Office of Civil Rights. All complaints received by the Resource Center or the Division Offices will be forwarded to the Director, Investigations and Adjudication (the Director) for appropriate action. The Director will determine the matters accepted for investigation. The Director will also determine whether the complaint will be reviewed or investigated by the FHWA Office of Civil Rights, Resource Center Civil Rights staff, or a team involving Division Office and Resource Center personnel. The Investigations and Adjudication Team will acknowledge receipt of all complaints received in FHWA Office of Civil Rights within 10 days of receipt. The allegation(s) will be analyzed and the complainant(s) notified of those issues and allegations accepted for investigation. The Director will also determine jurisdiction and whether there is the need for additional informa- tion. Acceptance of a complaint will be determined by: (1) whether the complaint is timely filed (complaints must be filed within 180 days of the most recent act of alleged discrimination or the complainants must state that the discrimination is ongoing); (2) whether the complainant(s) allegations fall under the covered basis of disability; and, (3) whether the allegations involve a program or activity of a Federal-aid recipient, sub-recipient, or contractor; or, in the case of ADA allegations, a public entity. If the complaint meets these criteria, it will be accepted for investigation. If the complaint is not accepted by the FHWA Office of Civil Rights for investigation, it is for one or more of the following reasons:
1. The complaint is untimely filed;
2. The complaint does not allege a basis covered by the statutes for which FHWA Headquarters Office of Civil Rights is responsible;
3. The complaint does not allege any harm with regard to covered programs or statutes;
4. The complainant requests the withdrawal of the complaint;
6. The complainant fails to respond to repeated requests for additional information needed to process the complaint; the complainant cannot be located after reasonable attempts;
7. The complainant fails to accept a reasonable resolution. Reasonableness to be determined by the HCR;
8. The complainant has filed a legal action in Federal District Court with the same basis(es) and issue(s) involved in the complaint; or
9. The same complaint allegations have been filed with another Federal, State or local agency.
2 — 22 When the complaint is received by the FHWA staff person performing the investigation, the complainant must be contacted, preferably by phone, to: 1) acknowledge receipt of the complaint by the investigator; 2) confirm that complainant wishes to go forward with the complaint; 3) that there are allegations that need to be investigated and resolved; and 4) to gather additional facts and further clarify the complaint (you may need additional docu- mentation from the complainant not included in the complaint, such as forms, memos, letters and photographs).
After the complainant has been contacted, the investigator must develop an Investigative Plan (IP) that outlines the approach to the investigation. Once the IP has been written, the investigator shall prepare the Request for Information (RFI) and cover letter. The RFI is taken directly from the evidence section of the IP. It outlines the documents, records and other information the investigator needs to make an analysis and a compliance determi- nation. The RFI and cover letter are sent to the appropriate recipient/public entity official. The cover letter shall be sent with the RFI and shall provide the following:
1. allegations raised by the complainant;
2. statutory/regulatory authority to investigate (cite ADA and/or 504);
3. the investigator(s) name(s);
4. language explaining prohibition against retaliation for filing of a complaint; and
5. Freedom of Information Act language.
The investigator should also confirm that the public entity identified in the complaint is a recipient or potential recipient of Federal Financial Assistance from FHWA, in order to determine whether FHWA has jurisdiction un- der Section 504 as well as Title II ADA. That information can be obtained in the FHWA Division Office for the State in which the public entity is located, such as project files or through the STA, since the STA makes the de- terminations with respect to which entities such as local governments, contractors, non-profit organizations and other entities received FHWA Federal Financial Assistance. It should be noted that since all STAs and MPOs receive FHWA funds, they fall under the jurisdiction of Title II ADA and Section 504.
The investigator will also need to determine if multiple recipients/public entities are involved, as this is particu- larly important in pedestrian facility accessibility complaints, where more than one recipient or public entity is responsible for the construction, operation and maintenance of roads, highways and pedestrian facilities. For example, if a complainant alleges that there are no curb ramps at an intersection on a roadway in his/her town, the local government may have jurisdiction over the roadway and pedestrian right-of-way. However, if the inter- section is a STA owned/operated/maintained roadway and also controls the right-of-way beyond the roadway, the STA may be the recipient/public entity responsible for the ultimate installation of curb ramps and the investi- gator would need to involve the STA, unless the STA can demonstrate that through agreement or other means, that the local government maintains the pedestrian facilities within the STA’s right-of-way.
When conducting an ADA/504 complaint, the investigator should request the applicable records that are ger- mane to the complainant(s) allegations. In most cases, the investigator will need to request policies, procedures and processes, as well as records that involve similar situations or individuals. For example, if a complainant alleges that a STA failed to provide her with a sign language interpreter at a public meeting, then the investigator would request the STA’s policies and procedures and processes for the provision of auxiliary aids and for the conduct of public meetings. The investigator would also request information on other individuals who requested auxiliary aids or how requests were handled from those with hearing limitations. In those instances involving fa- cility accessibility, it may be necessary to request maps, blueprints, photographs, and the recipient/public entity’s ADA/504 transition plan. See Chapter 2, Section II Documentation of the Desk Reference for a complete list.
2 — 23 In the event any person, individually or as an agency or organization representative, fails or refuses to furnish information to an investigator, the investigator shall inform the head of the recipient/public entity that such failure may result in a finding of noncompliance. A finding of noncompliance can result in the imposition of sanctions pursuant to Section 504 at 49 CFR § 27.125 or Title II ADA at Subpart F. The investigator shall indicate in the Investigative Report that the recipient/public entity refused to provide pertinent information, and shall set forth efforts made to obtain the information. The Investigator should also notify the STA’s civil rights office and local aid division of the noncompliance so other enforcement activities can be coordinated effectively. With respect to local aid funds given by STAs to local governments, STAs must be reminded of Title II ADA at 28 CFR 35.130(b) (v) and Section 504 regulations at 49 CFR 27.7 (b)(v), which prohibit STAs from aiding or perpetuating discrimi- nation against a qualified individual with a disability by providing financial or “significant assistance,” including financial assistance to an agency, organization, or person that discriminates on the basis of disability in providing any aid, benefit, or service to beneficiaries of the STA’s program.
All final agency decisions (FADs) and dismissals will be issued by the FHWA Office of Civil Rights, including all ADA decisions. The investigator will forward the investigative report, investigative file, and a recommended decision to the Director, Investigations and Adjudication. The FAD will also have the concurrence of the FHWA Associate Administrator for Civil Rights. It is in the best interest of all parties involved that issues raised in a complaint of discrimination be resolved informally. At each stage of the process the investigator will make every effort to pursue a resolution of the complaint. Initial interviews with the complainant and the respondent will request information regarding specifically requested relief and settlement opportunities.
Once the information contained in the RFI is received by the investigator, it must be thoroughly reviewed by the investigator and after that review is completed, an on-site visit and/or interviews of involved individuals must be scheduled. Interviewees include recipient/public entity staff, individuals that the complainant identifies to have first hand only knowledge of the issues in the complaint (or be involved in similar situations), and any other indi- viduals that the investigator identifies that will provide first-hand information. The RFI should also list the names and/or titles of these individuals or if not known at that time, a letter requesting the on-site visit and/or interviews should list that information. With respect to facility accessibility issues, it is crucial that on-site visits be con- ducted and in doing so, it will be necessary to take photographs and/or take measurements of non-compliant facilities in order to determine if they meet applicable accessibility standards. More information on the conduct of FHWA discrimination complaint investigations can be found in the FHWA External Complaint Processing Procedures.
In the event the FHWA concludes there is non-compliance with the laws/regulations as alleged, the investigative report will outline the recommendations for corrective action. The respondent will be provided adequate time to comply with the recommendations in accordance with the guidelines in 23 CFR 200.11. In the event the FHWA concludes that the respondent is in compliance with laws/regulations and the complainant disagrees, the complainant may, if dissatisfied, file an action in the appropriate U.S. District Court. Decisions issued by the FHWA are administratively final.
In instances of non-compliance, the Civil Rights Specialist (in collaboration with other Division specialists, as appropriate) shall make every attempt to resolve issues through informal means. If there is a failure to comply, the Civil Rights Specialist may recommend to the Division Administrator withholding of Federal funds and/or review by the U.S. Department of Justice for appropriate action.
References:
1. FHWA External Complaint Procedures Manual 2002
2 — 24 ADA Chapter 1
CONSIDERATIONS
VI. Program and Facility Accessibility (Buildings, Multi-Modal Transportation Facilities and Other Facilities)
This section of the Desk Reference discusses the Title II ADA/Section 504 requirements with respect to providing accessible programs and services through providing accessible facilities. More specifically, this section discusses these requirements as they pertain to recipient/pubic entity buildings and facilities other than pedestrian rights-of-way facilities. However, most of the requirements and concepts used to achieve program/ facility accessibility are also applicable for building accessible pedestrian facilities, which is discussed in greater detail in VII. Accessibility of Pedestrian Rights-of-Way.
Program Accessibility
Title II ADA provides that a public entity may not deny the benefits of its programs, activities, and services to individuals with disabilities because its facilities are inaccessible. A public entity's services, programs, or activities, when viewed in their entirety, must be readily accessible to and usable by individuals with disabilities. This standard, known as "program accessibility," applies to all existing facilities of a public entity. Public entities, however, are not necessarily required to make each of their existing facilities accessible. 28 CFR § 35.149 and 218 CFR § 35.150(a). Recipients and public entities may achieve program accessibility by a number of methods. In many situations, providing access to facilities through structural methods, such as alteration of existing facili- ties and acquisition or construction of additional facilities, may be the most efficient method of providing program accessibility. The public entity may, however, pursue alternatives to structural changes in order to achieve pro- gram accessibility. Nonstructural methods include acquisition or redesign of equipment, assignment of aides to beneficiaries, and provision of services at alternate accessible sites. For example, when a STA holds a public meeting in an existing building, it must provide ready access to, and use of, the meeting facilities to individuals with disabilities. The STA is not required to make all areas in the building accessible, as long as the meeting room is accessible. Accessible telephones and bathrooms should also be provided where these services are available for use of meeting attendees. It can hold the public meeting in an accessible ground floor location or in another accessible building.
An existing facility is one that was already constructed, or for which ground- breaking had begun, prior to Janu- ary 26, 1992, in accordance with Title II of the ADA. Access to programs, services, and activities in existing facili- ties is to be viewed programmatically and access to the actual structures is defined functionally. As long as each identified program, when viewed in its entirety, is accessible, it is not required that all existing facilities, nor every part of an existing facility, be made totally free of physical access barriers.
In removing access barriers, both structural and nonstructural methods can be utilized. However, when using nonstructural solutions, the public entity must be certain the result is not segregation of individuals with disabili- ties or compromising their dignity and independence. Programs, services, and activities are to be offered in the most integrated setting possible [28 CFR § 35.150(b)(1) and 34 CFR § 104.22(b)]. If no nonstructural alterna- tives which meet these criteria can be implemented to achieve accessibility, then the entity must provide an accessible facility to the maximum extent feasible. For example, when a STA provides ten rest areas approxi- mately 50 miles apart along an interstate highway, program accessibility requires that an accessible toilet room for each sex with at least one accessible stall, or a unisex bathroom, be provided at each rest area, because the STA’s provision of rest areas are not only the provision of a facility to the motoring public, but is also considered to be a program or service within the meaning of Title II ADA/Section 504.
2 — 25 Undue Burden Title II of the ADA does not require any action that would result in a "fundamental alteration in the nature of the service, program, or activity" or in "undue financial and administrative burdens." However, any public entity at- tempting to justify non- compliance by referencing these exceptions must assume the burden of proof. All of the entity's resources available for use in the funding and operation of the service, program, or activity, will be con- sidered in any decision relevant to undue burdens. The undue burden/fundamental alteration defense does not relieve public entities of their obligation to ensure that people with disabilities receive the programs, benefits, and services offered by the organization [28 CFR § 35.150(a)(3)]. This determination can only be made by the head of the public entity or his or her designee and must be accompanied by a written statement of the reasons for reaching that conclusion. The determination that undue burdens would result must be based on all resources available for use in the program. If an action would result in such an alteration or such burdens, the public entity must take any other action that would not result in such an alteration or such burdens but would nevertheless ensure that individuals with disabilities receive the benefits and services of the program or activity. Accordingly, STAs should develop written policies, procedures for making undue burden analyses and determinations.
Undue Burden - Historic Properties Title II ADA also provides that a public entity is not required to take any action that would threaten or destroy the historic significance of an historic property. In cases where physical access cannot be provided because of either this special limitation, or because an undue financial burden or fundamental alteration would result, alternative measures to achieve program accessibility must be undertaken. Special program accessibility requirements and limitations apply to historic preservation programs. Historic preservation programs are pro- grams conducted by a public entity that have preservation of historic properties as a primary purpose. A historic property is a property that is listed or eligible for listing in the National Register of Historic Places or a property designated as historic under State or local law.
In achieving program accessibility in historic preservation programs, a public entity must give priority to methods that provide physical access to individuals with disabilities. Physical access is particularly important in an historic preservation program, because a primary benefit of the program is the unique experience of the historic property itself.
For example, installing an elevator in an historic house museum to provide access to the second floor bedrooms would destroy architectural features of historic significance on the first floor. Providing an audio-visual display of the contents of the upstairs rooms in an accessible location on the first floor would be an alternative way of achieving program accessibility.
Undue Burden Analysis What is an undue burden? It is an administrative burden, or an economic burden, in light of all resources avail- able. For example, if a city faces a cost of $1,100,000 for transition plan structural change projects, when com- pared to the city’s $500,000 annual capital budget, and if the city is subject to a property tax cap and future re- ductions in State or Federal aid for non-transportation programs that could require offsets from a general operat- ing fund, this situation may indeed be an economic burden because it cannot be met without a substantial ad- verse impact on other agency operations. In the case of a transition plan, the recipient/public entity can extend the time of a transition plan to install curb ramps.
The dollar amounts used above are provided only as examples. There is no hard and fast ratio, as each undue burden decision is individualized and based upon cost, resources available, benefit, and other considerations.
An undue burden can also be a change which would result in a fundamental alteration in the nature of a pro- gram, service or activity. For example, a STA that also provides drivers licenses may not provide blind individu- als with drivers licenses because vision is a crucial component of driving safety and ability, and to provide blind individuals with the ability to drive may fundamentally alter the program of drivers licensing services.
One constant remains, however. The ADA regulations REQUIRE a writing signed by the "head" of the agency whenever an undue burden is determined [28 CFR § 35.150(a)(3)]. The intention of this paragraph is that the determination must be made by a high level official, no lower than a Department head, having budgetary
2 — 26 authority and responsibility for making spending decisions. However there is no requirement to submit this document to FHWA or any other Federal agency (FHWA can request the document as part of its oversight responsibilities).
As with the development of self-evaluations and transition plans a recipient/public entity is not relieved of its obligation to make its programs accessible if no individual with a disability is known to live in the recipient’s/ public entity’s jurisdiction or serving area and the absence of individuals with disabilities living in an area cannot be used as the test of whether programs and activities must be accessible.
Technical Infeasibility ADAAG contains a provision relating to "technical infeasibility," applicable only in alterations of existing buildings and facilities. Technical Infeasibility means, with respect to an alteration of an existing building or a facility, that it has little likelihood of being accomplished because existing structural conditions would require removing or altering a load-bearing member which is an essential part of the structural frame; or because other existing physical or site constraints prohibit modification or addition of elements, spaces, or features that are in full and strict compliance with the minimum requirements for new construction and that are necessary to provide accessibility. If compliance with the ADA is technically infeasible, the alteration shall provide accessibility to the maximum extent feasible. Any elements or features of the building or facility that are being altered and can be made accessible shall be made accessible within the scope of the alteration. Under Title II, this is done by the public entity on a project-by-project basis. The public entity must substantiate why it is technically infeasible and document that decision. The public entity must then make the building/facility accessible to the maximum extent feasible.
Facility Accessibility (Buildings, Multi-Modal Transportation Facilities and Other Facilities) With respect to ADA/504 compliance and oversight, FHWA is best-known for its ensuring access for pedestrian right-of-way facilities such as curb ramps and sidewalks. However, FHWA also has a responsibility to ensure that the buildings and non-pedestrian facilities that are constructed, altered, and maintained by FHWA recipi- ents and public entities, such as STAs, are accessible. Buildings for which FHWA has oversight responsibility would include STA buildings (headquarters, district offices) and highway rest areas or other buildings and facilities constructed with FHWA funds. These facilities include but are not limited to the following that are constructed with FHWA funds:
• Bus Stops • Ferry Boats and Ferry-boat terminals • Commuter “Park and Ride” lots • Rest Areas
Title II ADA requires that all facilities designed, constructed, or altered by, on behalf of, or for the use of a public entity must be readily accessible and usable by individuals with disabilities, if the construction or alteration was begun after January 26, 1992 [28 CFR § 35.151]. Section 504 requires that a new or altered facility (or the part that is new or altered) be readily accessible to and usable by individuals with disabilities [49 CFR § 27.19(a)]. According to USDOJ, the term “"readily accessible and usable" means that the facility must be designed, con- structed, or altered in strict compliance with a design standard. The new construction and alterations require- ments focus on providing physical access to buildings and facilities rather than on providing access to programs and services. There is no fundamental alteration or undue burden limitation on the new construction and alterations requirements.
The Americans with Disabilities Act Accessibility Guidelines and the Uniform Federal Accessibility Standard There are currently two architectural accessibility standards that recipients and public entities can use to achieve facility accessibility: The ADA Accessibility Guidelines (ADAAG) also known as The Standards for Accessible Design) or the Uniform Federal Accessibility Standard (UFAS) are the architectural standards to be applied in making new and altered facilities accessible. Both Title II ADA and Section 504 provide that public entities and recipients of Federal funds shall design, construct or alter a building, or other fixed facilities shall be in conformance with either ADAAG or UFAS. All structural changes must conform fully to the chosen accessi- bility standard for new construction and alterations. Structural changes must address the needs of a variety of
2 — 27 disabilities, not only mobility impairments; the full range of disabilities is to be considered when planning for compliance. Under Title II of the ADA, any needed structural changes were to have been made as soon as possible, but no later than January 26, 1995 [28 CFR § 35.150(c)].
Currently, recipients and public entities may choose from two design standards for new construction and alterations. They can choose either the Uniform Federal Accessibility Standards (UFAS) or the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (ADAAG), If ADAAG is chosen, however, public entities are not entitled to the elevator exemption (which permits certain buildings under three stories or under 3,000 square feet per floor to be constructed without an elevator).
On July 23, 2004, the Access Board published a final rule adopting revised accessibility guidelines to implement the ADA and the Architectural Barriers Act (ABA) in the Federal Register. 69 Fed. Reg.44083. While commonly referred to as the “new ADAAG” or the “updated ADAAG,” it is officially called the ADA/ABA Accessibility Guide- lines. The Access Board's guidelines have no legal effect on the public until U.S.DOT and U.S.DOJ have com- pleted their rule making process Each of these standard-setting agencies is required to publish enforceable regulations that include design standards consistent with the Access Board's guidelines. Until that time, recipi- ents and public entities must use the current ADAAG or UFAS. Once U.S.DOJ and U.S.DOT have adopted the ABA/ADA Accessibility Guidelines, these guidelines will be the only applicable Federal accessibility standard and UFAS will no longer be used.
A primary difficulty for recipients and public entities in choosing between the two standards is that there are a number of differences between the standards. In some areas, UFAS may appear to be more stringent. In other areas ADAAG may appear to be more stringent. Because of the many differences, one standard is not stricter than the other. For example, with respect to alterations ADAAG, the application of standards is not required where it would be "technically infeasible" (i.e., where application of the standards would involve removal of a load-bearing structural member or where existing physical or site restraints prevent compliance), but cost is not a factor in making technical infeasibility determinations. (§4.1.6(1)(j)). On the other hand, UFAS states that the application of standards is not required for alterations where "structurally impracticable," i.e., where removal of a load-bearing structural member is involved or where the result would be an increased cost of 50 percent or more of the value of the element involved (§§4.1.6(3); 3.5 ("structural impracticability"), so cost is a factor.
Notwithstanding these differences, each facility or project must follow one standard completely when choosing ADAAG or UFAS for new construction or alterations. In other words, a recipient/public entity cannot follow UFAS for one alteration project and then follow ADAAG for another alteration project in the same building (i.e., a recipient/public entity cannot follow ADAAG on one floor of a new building and then follow UFAS on the next floor. Both floors must be accessible according to ADAAG or UFAS). It should be noted that this also applies to pedestrian right-of-way facilities, discussed in greater detail in the next section.
The Access Board is also developing accessibility guidelines for other facilities that require accessibility and once adopted, these guidelines will become part of the ADA/ABA Guidelines. The guidelines that affect FHWA funded facilities are the following:
• Public Rights-of-Way (sidewalks, curb ramps, detectable warnings)
• Outdoor Areas (trails, shared-use paths, picnic areas)
• Small Passenger Vessels (vessels that carry less than 150 passengers such as water taxis)
• Large Passenger Vessels (150 or more passengers including passenger/vehicle ferry boats)
• Play Areas (Playground equipment provided at rest areas)
With the exception of the Public Right-of-Way Guidelines (which FHWA has stated can be used as a best prac- tice where ADAAG or UFAS does not have similar standards) recipients and public entities should use ADAAG or UFAS for constructing new facilities or altering existing facilities of these types wherever applicable. If there is
2 — 28 no corresponding standard for a particular type of facility such as those detailed above, then the recipient/public entity must make the facilities accessible to the maximum extent feasible. For example, a STA is designing and constructing a playground for a rest area. Because there are no UFAS or ADAAG standards for playground equipment, the equipment need not comply with any specific design standard (the draft Play Area Guidelines stated above are not final, nor have these guidelines been endorsed for use as a best practice). However, the Title II requirements for equal opportunity and program accessibility with respect to the facility in question may still apply and the technical requirements of the chosen standard should be applied to the extent possible. For example, the STA can provide an accessible route to the playground, some accessible equipment, and an accessible surface for the playground.
Another example is the surface materials used for trails, where there is no specific standards or guidance in force on what would constitute an accessible surface. Until the Access Board adopts the Outdoor Areas Acces- sibility Guidelines, newly constructed or altered trails must have a surface that conforms to the ADAAG standard 4.5.1 that the surface be firm, stable and slip-resistant.
Equivalent Facilitation Specifically, a recipient/public entity can depart from particular standards where alternatives exist provided they result in substantially equivalent or greater accessibility and usability than those provided in the existing stan- dards. ADAAG contains a specific provision for departure from that standard (§2.2). Although UFAS itself does not contain a statement concerning equivalent facilitation, Section 504 regulations, as well as the Department's Title II regulation (28 CFR 35.151(c)), state that departures are permitted where it is "clearly evident that equiva- lent access" is provided. It should be noted that equivalent facilitation does not constitute a waiver from any ac- cessibility requirement and is not a lesser standard of accessibility. Alternate designs and technologies may be used only where they will provide substantially equivalent or greater access to, and usability of, a vehicle. The Board encourages that, when considering alternative designs and technologies, entities consult with individuals with disabilities and their organizations at the earliest possible stage of the process. The Board is available to provide technical assistance regarding equivalent facilitation.
Equivalent facilitation is not an exception or variance from the requirement to provide comparable access. Rather, it is a recognition that technologies may be either developed or used in ways not envisioned by the stan- dards but still result in the same or better functional access as would be provided by strictly meeting the provi- sions in Subpart B. Functional outcome – not form – is the key to evaluating whether a technology results in "substantially equivalent or greater access." In effect, meeting the functional performance criteria in Subpart C of the Board’s standards is the test for equivalent facilitation.
For example, an information kiosk which is not accessible to a person who is blind might be made accessible by incorporating a telephone handset connected to a computer that responds to touchtone commands and delivers the same information audibly that is provided on the screen.
Title II Program/Facility Accessibility Requirements- Relationship to Title III FHWA has found that there are situations where recipients and public entities utilize the property of Title III entities and vice versa. It is not uncommon for a STA’s program, services and activities, particularly district or regional office or project offices to be located in leased space in office parks and strip malls. STAs who own and operate toll roads may lease their rest/service area facilities to Title III entities such as food service companies or retail fast food restaurants. This has the potential to create confusion for STAs and their Title II partners in determining ADA compliance responsibilities. Since Title II’s primary focus is program accessibility, the primary focus of Title II is also “barrier-free access,” which means that a Title II entity must identify all physical barriers and remove them and make those facilities accessible in accordance with ADAAG. The following is a brief over- view of how these situations are to be addressed.
According to the USDOJ’s Title II Technical Assistance Manual, public entities are not subject to Title III of the ADA, which covers only private entities. Conversely, private entities are not subject to Title II. In many situations, however, public entities have a close relationship to private entities that are covered by Title III, with the result that certain activities may be at least indirectly affected by both Titles.
2 — 29 One example is where STA owns its headquarters building, which is a downtown office building occupied by the STA. The building's first floor, however, is leased to a restaurant, a newsstand, and a travel agency. The STA, as a public entity and landlord of the office building, is subject to Title II. As a public entity, it is not subject to Title III, even though its tenants are public accommodations that are covered by Title III. Similarly, if the STA leases space for its programs, services and operations owned by a private entity covered by Title III, the private entity does not become subject to the public entity's Title II program access requirement by virtue of the leasing rela- tionship. The private entity only has Title III obligations. These extend to the commercial facility as a whole and to any places of public accommodation contained in the facility. The governmental entity is responsible for ensuring that the programs offered in its rented space meet the requirements of Title II.
Unlike private entities under Title III, public entities are not required to remove barriers from each facility, even if removal is readily achievable. A public entity must make its "programs" accessible. Physical changes to a building are required only when there is no other feasible way to make the program accessible. In contrast, barriers must be removed from places of public accommodation under Title III where such removal is "readily achievable," without regard to whether the public accommodation's services can be made accessible through other methods.
State and Local Accessibility Codes In addition to ADAAG and UFAS, a variety of State and Local government accessibility codes exist. A recipient or public entity can use a standard that achieves equivalent or greater accessibility. Title III of the ADA author- izes USDOJ to certify that State laws, local building codes, or similar ordinances meet or exceed the ADA Stan- dards for Accessible Design (ADAAG) for new construction and alterations and thereby are compliant with the Title III regulation. Recipients and public entities that choose to use these standards for newly constructed and altered buildings should be aware that this certification does not apply to buildings constructed by or for State or local governmental entities, which are subject to Title II of the ADA. With respect to any ADA enforcement action, final certification by USDOJ constitutes rebuttable evidence that a building constructed or altered in compliance with the State or local code complies with the requirements of Title III of the ADA.
Other Program Accessibility Issues According to the USDOJ, carrying persons with mobility impairments to provide program accessibility is permitted in only two cases. First, when program accessibility in existing facilities can be achieved only through structural alterations (that is, physical changes to the facilities), carrying may serve as a temporary expedient until construction is completed. Second, carrying is permitted in manifestly exceptional cases if (a) carriers are formally instructed on the safest and least humiliating means of carrying and (b) the service is provided in a reliable manner. Carrying is contrary to the goal of providing accessible programs, which is to foster independence.
References:
1. “Title II Technical Assistance manual,” U.S. Department of Justice, Washington, D.C. (2003).
2. “Compliance with the Americans with Disabilities Act: A Self-Evaluation Guide for Public Elementary and Secondary Schools,” U.S. Department of Education, Office of Civil Rights, Washington, D.C. 277pp.
3. “ADA Title II Action Guide: For State and Local Governments;” Adaptive Environments Center, Bos- ton, MA; LRP Publications: Horsham, PA (1992); 157pp.
4. U.S. Access Board website: www.access-board.gov
2 — 30 ADA/504 Chapter 1
CONSIDERATIONS
VII. Accessibility of Pedestrian Rights-Of-Way Facilities
General Principles As a Federal agency that provides funding and technical assistance for the building and construction of roads, highways and pedestrian facilities, FHWA plays a key and highly visible role in ensuring that newly-constructed and altered pedestrian facilities are accessible to individual with disabilities. The FHWA has traditionally been a primary resource for recipients and public entities with respect to regulations, policy, design standards, best practices, technical assistance and training for pedestrian rights-of-way issues. The FHWA works closely with STAs to implement Title II ADA, Section 504, MUTCD and standards to achieve this goal. FHWA also maintains close working relationships with other Federal agencies such as the U.S. Access Board and the U.S. Depart- ment of Justice in determining the legal requirements that are applicable to the Pedestrian Rights-of-Way. FHWA partners with American Association of State Highway Transportation Officials (AASHTO) and the Asso- ciation of Pedestrian and Bicycle Professionals (APBP).
Current Requirements The United States Department of Justice’s Technical Assistance Manual allows public entities to use either ADAAG or UFAS, as long as the entire connected facility or project uses one standard completely for both new building and subsequent alterations. (USDOJ Technical Assistance Manual II-6.2100). Because the ADAAG is the most up to date of the standards available, FHWA strongly encourages public entities to use the ADAAG standards. The following descriptions of standards will only address the present ADAAG standards, and not the less modern UFAS alternative.
Draft Public Rights-of-Way Accessibility Guidelines The Architectural and Transportation Barriers Compliance Board (Access Board) plans to undertake rulemaking to supplement its ADA and ABA (ADAAG) accessibility guidelines. Currently the focus of ADAAG is facilities within sites.
While the ADAAG guidelines address certain features common to public sidewalks, such as curb ramps and accessible routes, it is recognized that further guidance is necessary to address conditions unique to public rights-of-way, such as space limitations, roadway design practices, slope, and terrain. The Board’s draft guide- lines, which the Access Board identifies as the Draft Public Rights-of-Way Guidelines (PROWAG), dated No- vember 23, 2005, provide best practices where a new pedestrian route or facility is constructed or when an exist- ing pedestrian facility is altered as part of a planned project within the public rights-of-way. The PROWAG will become enforceable standards only when they are adopted by the standard setting agency (under ADA the De- partment of Transportation and Department of Justice). Until such time, PROWAG are subject to change and they are discussed below and in each separate section within this Pedestrian Accessibility Chapter solely for the purpose of consideration as a possible best practice.
The FHWA, in its January 23, 2006, memorandum advised field offices that the Draft Guidelines are not stan- dards until adopted by the U. S. Department of Justice and the U.S. Department of Transportation. The memo- randum states:
“The present standards to be followed are the ADA Accessibility Guidelines (ADAAG) standards. However, the Draft Guidelines are the currently recommended best practices, and can be considered the state-of-the- practice that could be followed for areas not fully addressed by the present ADAAG standards. Further, the Draft Guidelines are consistent with the ADA’s requirement that all new facilities (and altered facilities to the maximum extent feasible) be designed and constructed to be accessible to and useable by people with disabilities.”
2 — 31 CORRIDORS AND TRAILS
Sidewalks Current ADAAG Requirements
The specific requirements in ADAAG that apply to the design and construction of sidewalks are contained in:
• 4.3 Accessible Route – Contains requirements for all aspects of an accessible route, of which a sidewalk would apply.
• 4.3.3 Width - minimum clear width of 36” (915mm)
• 4.3.4 Passing Space – If the sidewalk is less than 60” clear width, then passing spaces at least 60” by 60” (1525mm by 1525mm) shall be located at reasonable intervals not to exceed 200 ft (61 m).
• 4.3.7 Slope – the sidewalk running slope shall be less than 1:20 (5%). A running slope greater than 1:20 (5%) is considered a ramp and shall comply with Section 4.8. Cross slopes shall not exceed 1:50 (2%).
• 4.3.8 Changes in Levels - Changes in level shall comply with Section 4.5.2. If a sidewalk has changes in level greater than ½ inch (13mm) then a curb ramp or ramp shall be provided that complies with Section 4.7, 4.8, 4.10, or 4.11.
• 4.4.1 Protruding Objects, General – Objects projecting from the side (from walls, vegetation, build- ings, etc.) shall protrude no more than 4 inches (100mm) into the walkway, if they are between 27 inches (685mm) and 80 inches (2030mm) above the ground. Protruding objects below 27 inches (685mm) and above 80 inches (2030mm) may protrude any amount. Free-standing objects mounted on posts or pylons may overhang 12 inches (305mm) maximum from 27” to 80” above the ground. Protruding objects shall not reduce the clear width of an accessible route.
• 4.4.2 Head Room – Sidewalks shall have 80 inches (2030mm) minimum clear head room. If vertical clearance of an area adjoining an accessible route is reduced to less than 80” (nominal dimension), a barrier to warn blind or visually-impaired person shall be provided. • 4.5.1 Ground and Floor Surfaces, General - Surfaces shall be stable, firm, slip-resistant, and shall comply with Section 4.5.
• 4.5.2 Changes in Level – Changes in level up to ¼ inch (6mm) may be vertical and without edge treat- ment. Changes in level between ¼ inch (6mm) and ½ inch (13mm) shall be beveled with a slope no greater than 1:2 (50%). Changes in level greater than ½ inch (13mm) shall be accomplished by means of a ramp that complies with Section 4.7 or 4.8.
• 4.5.4 Gratings – If gratings are located in walking surfaces, then they shall have spaces no greater than ½ inch (13mm) wide in one direction. If gratings have elongated openings, then they shall be placed so that the long dimension is perpendicular to the dominant direction of travel.
Application and Best Practices The "Sidewalk Corridor" is the portion of the pedestrian system from the edge of the roadway to the edge of the right-of-way (property line or building edge), generally parallel to the street. Attributes of good sidewalk corridor design include:
• Accessibility by ALL users.
• Adequate width.
2 — 32 • Safe to use (sidewalk users should not feel threatened by adjacent traffic or by the environment).
• Continuity and connectivity.
• Landscaping to create a buffer space between pedestrians and traffic and also provide shade.
• Social space (area where pedestrians can safely participate in public life).
THE ZONE SYSTEM
Sidewalks in central business districts and downtown areas need to be designed to accommodate larger volumes of pedestrian traffic than in residential areas. Streetscapes in these areas often function for multiple purposes, and generally consist of the following zones: the building frontage zone, the pedestrian zone, the planter/furniture zone, and the curb zone. (See Figure 1)
Figure 1:
The zone system divides the sidewalk corridor into four zones to ensure that pedestrians have a sufficient amount of clear space to travel.
Building Frontage Zone: The building frontage zone is the area between the building wall and the pedestrian zone. Pedestrians don't feel comfortable walking directly adjacent to a building wall or fence. At a minimum pedestrians prefer to keep at least 0.6 m (2 ft) of "shy" distance away from the building wall. Depending on the use of this area, the frontage width should be increased and physically separated from the pedestrian zone (example, allow extra space for a door opening into the frontage area, sidewalk cafes, etc.). People with vision impairments often travel in the frontage zone and use the sound from the adjacent building for orientation. Some use the building edge as a guide for a white cane, traveling between 0.3 m-1.2 m (1 ft-4 ft) from the building.
The frontage zone should be free of obstacles and protruding objects. If not, obstacles in the frontage zone should be detectable by people who use long white canes. Level landings are required at building entrances and around sidewalk furnishings such as drinking fountains, benches, etc.
Pedestrian Travel Zone: The pedestrian zone is the area of the sidewalk corridor that is specifically reserved for pedestrian travel. This area should be free of all obstacles, protruding objects, and any vertical obstructions hazardous to pedestrians, particularly for individuals with vision impairments. The pedestrian zone should be at least 1.8 m-3.0 m (6-10 ft) wide or greater to meet the desired level of service in areas with higher pedestrian
2 — 33 volumes. This allows pedestrians to walk side by side or for pedestrians going in the opposite direction to pass each other. The pedestrian zone should never be less than 1.2 m (4 ft), which is the minimum width required for people using a guide dog, crutches, and walkers. Wheelchair users need about 1.5 m (5 ft) to turn around and 1.8 m (6 ft) to pass other wheelchairs.
Planter/Furniture Zone: The planter/furniture zone lies between the curb and the pedestrian travel zone. This area provides a buffer from the street traffic and allows for the consolidation of elements like utilities (poles, hy- drants, telephone kiosks, etc), and street furniture (benches, signs, etc). The intent is to ensure that the pedes- trian travel zone is free of ALL obstacles. On local and collector streets, 1.2 m (4 ft) is preferred and on arterial and major streets 1.8m (6 ft) is preferred. Additional space will be required for transit stops and bus shelters which may include a boarding pad typically 1.5 m x 2.4 m (5 ft—8 ft). States that have significant accumulations of snow during the winter months will require wider planter/furniture zones. This allows the snow to be stored in the planter/furniture zone and keeps the pedestrian zone obstacle free.
Curb Zone: The curb zone is the first 0.15 m (6 in) of the sidewalk corridor, located adjacent to the roadway. It is an integral part of the road/drainage system and keeps excess water off the sidewalk corridor. The curb zone also discourages motor vehicles from entering/exiting the sidewalk corridor except at designated locations and is a valuable safety and guide cue for pedestrians with vision impairments.
Sidewalk Grades and Cross Slopes
Steep grades and cross slopes should be avoided where possible or integrated with level rest areas. Both pow- ered and manual wheelchairs can become very unstable and/or difficult to control on sloped surfaces. When areas with steep sidewalks and ramps are wet, icy, or covered with snow, they have little or no slip resistance and a slide will usually end in the street.
Grade: Grades are often difficult to control in the sidewalk environment because sidewalks follow the path of the street. The sidewalk grade ideally should not exceed 5%. Design parameters developed for ramps on buildings and sites, permit a maximum grade of 8.3 percent for a distance of 9.1 m (30 ft) before a level landing must be installed. Where the sidewalk grade approaches or exceeds that of the maximum permitted for a ramp, it is good practice to provide a level rest area. The slope of the level landing should not exceed 2 percent in any direction (See Figure 2).
Figure 2:
Level landing with benches provide a resting point that will not impede the flow of pedestrian traffic.
2 — 34 The dimensions of the level landing should be at least 1.5m x 1.5m (5 ft x 5 ft) to allow wheelchair users to stop and rest without blocking the flow of pedestrians. This area can be greater with the inclusion of other amenities such as benches, hand rails, and drinking fountains. In areas with steep slopes, consider installing wide sidewalk corridors that permit the wheelchair user to travel in a zig-zag motion (See Figure 3).
Figure 3:
In areas of steep terrain, a wide sidewalk allows wheelchair users to travel in a zigzag motion which reduces the grade they must travel, although the overall distance of their trip is increased.
Cross Slope: The maximum cross slope permitted by ADA Accessibility Guidelines (ADAAG) is 2 percent. Se- vere cross slopes require wheelchair users and other pedestrians to work against the effects of gravity to main- tain their lateral balance. Pedestrians using crutches or canes may be forced to turn sideways in order to keep their base of support at a manageable angle. Severe cross slopes can cause wheelchair users to veer towards the curb and into the street (See Figure 4). The impact of cross slopes is compounded when combined with steep grades and uneven surfaces. Designers and those constructing facilities need to understand the impact of grades and cross slopes and take particular care to stay within construction tolerances as well as within design standards. For example, Portland Cement Concrete has a construction tolerance of 1/4 in per 10 ft.
Figure 4:
PROBLEM: Wheelchair users traveling on a sidewalk with a cross slope greater than 2% use more energy to offset the force of gravity that directs them towards the curb and into the street.
2 — 35 For sidewalks with steep cross slopes the designer can create a level area of at least 915mm (3 ft) within the pedestrian zone (See Figure 5) or increase the height of the curb (See Figure 6) The latter case can create problems for curb ramp design and on-street parking (car doors may not be able to swing over the curb).
Figure 5:
GOOD DESIGN: A level area at least 915 mm (36 in) wide improves access when the street elevation is lower than the building elevation.
Figure 6:
ACCEPTABLE DESIGN: Increasing the height of the curb provides a level pathway when the street elevation is lower that the building elevation. This solution may not be ideal if sidewalks are not wide enough to install well designed curb ramps.
Sidewalk Surfaces
Factors that affect the usability of the sidewalk surface include:
• Surface materials • Changes in level • Firmness, stability, and slip resistance • Dimensions of gaps, grates and openings • Visual consistency
2 — 36 Surface materials generally consist of concrete or asphalt; however, tile, stone, and brick are also used. Typically, sidewalks of concrete and asphalt are firm, stable, and fairly slip resistant when dry. A broom finish used on concrete sidewalks increases the slip resistance. Surfaces that are not slip resistant are especially difficult for people who use wheelchairs or walking aids to travel across. Crutch users, for example, rely on being able to securely plant their crutch tip to travel effectively on the sidewalk. Surfaces that are not visually consis- tent (all one color and texture) can make it difficult for pedestrians with vision disabilities to distinguish the difference between a change in color and pattern on the sidewalk and a drop off or change in level.
Decorative surface materials such as paints and surface materials, polished stones or exposed aggregate rock, are not as slip resistant and should be avoided. Paint and thermoplastic materials, commonly used to mark crosswalks, are generally not as slip resistant when wet. Slip resistant contact is more difficult to achieve when the sidewalk material is wet or icy. Texture added to the thermoplastic will improve the slip resistance. Brick and cobblestone may improve the aesthetic quality of the sidewalk, but may also increase the amount of work re- quired by pedestrians with mobility impairments. For example, tiles that are not tightly spaced together can cre- ate grooves that catch wheelchair casters (See Figure 7). These decorative surfaces may also create a vibrating bumpy ride that can be uncomfortable and painful for those in wheelchairs. The surface texture should not in- clude more than a 1/4 inch rise every 30 inch. Brick and cobblestone may heave or settle, creating unsafe changes in level or become a tripping hazard for pedestrians, especially those with vision and mobility disabili- ties. Decorative textured surface materials can make it more difficult for pedestrians with vision impairments to identify detectable warnings, which provide critical information about the transition from the sidewalk to the street. For these reasons, brick and cobblestone are not recommended. Creative alternatives include smooth walkways with brick trim, and colored concrete.
Figure 7:
The space between the jointed surface causes wheelchair casters to swivel and catch and greatly increases the rolling resistance.
Changes in level/elevation are vertical rises between adjacent surfaces. Causes of changes in level include:
• Tree roots pushing upwards. • Uneven transitions from street to gutter to ramp. • Heaving and settling due to frost. • Buckling due to improper sub-base preparation.
2 — 37 Changes in level/elevation can cause major problems for:
• Pedestrians with mobility impairments-difficulty lifting feet, or crutches (causing tripping). • Pedestrians with vision impairments-difficulty detecting elevation changes, (causing tripping). • Pedestrian using wheelchairs-small front caster wheels swivel sideways and cannot climb over. • Pedestrian using wheelchairs-difficult time rolling over large changes in elevation.
Changes in level/elevation requirements:
• Up to 6 mm (0.25 in)-can remain without beveling. • 6-13 mm (0.25 in-0.5 in)-bevel the surface with a maximum grade of 50 percent (1:2). • Greater than 13 mm (0.5 in)-remove or install a ramp with a maximum grade of 8.3 percent.
Gaps, grates and other openings occur at railroad tracks, drainage inlets, air vents, tree grates, etc. Wheel- chair casters, inline skating wheels, as well as bicycle wheels often get caught in openings and gaps wider than 1/2 inch or which are incorrectly aligned. In these cases there is potential for the person to be suddenly pitched forward. Walking aids such as canes and crutches can also get caught in grates and gaps. When the cane tip slips through an opening, the pedestrian can become unstable and risk falling. Grates should be placed within the planter/furniture zone (See Figure 1) away from the pedestrian travel area, and also away from the bottom of crosswalks and curb ramps.
Gaps and grates should be designed so that:
• Openings do not allow the passage of a 13 mm (0.5 in) sphere. • The long dimension of the opening is perpendicular or diagonal to the dominant direction of travel.
The impact of trees on the sidewalk corridor-- trees are generally planted because they improve the pedes- trian experience, improve the aesthetic appearance of the streetscape, serve as a visual and auditory buffer be- tween pedestrians and traffic, provide shade, and may have a traffic calming effect. Trees need a minimum of 1.2 m x 1.2 m (4 ft x 4 ft). They are also one of the most common causes of sidewalk cracks and changes in level. When water is limited, tree roots tend to push through the surface (See Figure 8) and spread out rather than down (See Figure 9) to look for new water sources.
Figure 8:
When trees do not get enough water they tend to spread their roots out, which can break up the surface of the sidewalk.
2 — 38 Tree branches should be maintained to hang no lower than 2.0 m (6.7 ft) (See Figure 10). Low hanging branches can be a safety hazard, especially for pedestrians with vision impairments who may not detect them. Other pedestrians with mobility impairments may have difficulty bending under them. Careful selections of tree type, their placement and maintenance can provide a comfortable and safer environment for all road users including pedestrians.
Figure 9:
Trees planted with grates are less likely to cause sidewalk cracks than trees planted without grates because the grate allows a sufficient amount of water to reach the tree roots.
Figure 10:
This pedestrian, who is blind is walking down a sidewalk that contains a number of obstacles that are difficult to detect using a long white cane, because they protrude into the path of travel between 685 mm (2.3 ft) up from ground level and below 2.03 m (6.7ft) in height.
2 — 39 PROTRUDING OBJECTS
Objects that protrude into the sidewalk corridor above 2 m (6.7 ft) are not generally a problem for pedestrians with vision impairments (See Figure 11). Pedestrians who use long canes will usually detect and avoid objects on the sidewalk that extend below 0.69 m (2.3 ft). However, obstacles that protrude into the sidewalk corridor between 0.69 m-2 m (2.3 ft—6.7 ft) and do not extend to the ground (See Figure 10) are more difficult to detect and avoid. Pedestrians with vision impairments often travel using the edge of the building line. Objects mounted on the wall, post, or side of a building, should, therefore, not protrude more than 0.1 m (4 in) into the sidewalk corridor (See Figure 12).
Figure 11:
This pedestrian. who is blind, will have a much easier time traveling on this sidewalk because there are no walls or post-mounted obstacles that protrude more than 101 mm (4 in).
Figure 12:
POTENTIAL PROBLEM: When obstacles mounted on posts can be approached from the side they should not protrude more than 101mm (4 in). This pedestrian who is blind does not detect the pole, which could cause him to collide with the obstacle.
2 — 40 Revised Draft Guidelines for Accessible Rights-of-Way Some of the sections of the PROWAG that apply to the design and construction of sidewalks are:
R204 Pedestrian Access Route: This section describes a pedestrian access route as the portion of the general pedestrian circulation path, which may included walkways, sidewalks, street crossings, and overpasses and un- derpasses, courtyards, elevators, platform lifts, stairs, ramps and landings. Where sidewalks are not provided, pedestrian circulation paths may be provided in the street, highway, or shoulder unless pedestrian use is prohib- ited.
R205 Alternate Pedestrian Access Route: When an existing pedestrian access route is blocked by construction, alteration, maintenance, or other temporary conditions, an alternate pedestrian access route complying to the maximum extent feasible with R301, R302, and Section 6D.01 and 6D.02 of the MUTCD shall be provided.
R206 Pedestrian Crossings: Where a pedestrian street or rail track crossing is provided, it shall contain a pe- destrian access route complying with R301 and the applicable provisions of R305. Where a pedestrian rail crossing is not contained within a street or highway, a detectable warning shall be providing in compliance with R304.
R301 Pedestrian Access Route: This section contains all the technical provisions that apply to sidewalks:
R301.1 General – Pedestrian access routes shall comply with R301 and shall connect pedestrian elements and facilities required to be accessible.
R301.3 Width –
• R301.3.1 Continuous Width – The minimum continuous and unobstructed clear width of a pedes- trian access route shall be 4 ft. (1.2m), exclusive of the wR3010302 Width at Passing Spaces – Walkways in pedestrian access routes that are less than 5 ft (1.5m) in clear width shall provide passing spaces at intervals of 200 ft (61m) maximum. Pedestrian access routes at passing spaces shall be 5 ft. (1.5m) wide for a distance of 5 ft. (1.5m).
R301.4 Walkway Grade and Cross Slope –
• R301.4.1 Cross Slope – The cross slope of the walkway of a pedestrian access route shall be 2% maximum.
• R301.4.2 Street or Highway Grade – Where the walkway of a pedestrian access route is con- tained within a street or highway border, its grade shall not exceed the general grade established for the adjacent street or highway.
R301.5 Surface – The surface of the pedestrian access route shall be firm, stable and slip resistant.
• R301.5.1 Vertical Alignment – Vertical alignment shall be planar within curb ramp runs, blended transitions, landings, and gutter areas within the pedestrian access route, and within clear spaces required for accessible pedestrian signals, street furniture, and operable parts. Grade breaks shall be flush. Where the pedestrian access route crosses rail tracks at grade the surface of the pedes- trian access route shall be level and flush with the top of the rail at the outer edges of the rail. The surface between the rails shall be aligned with the top of the rail.
• R301.5.2 Surface Discontinuities – Surface discontinuities shall not exceed ½ inch (13mm) maxi- mum. Vertical discontinuities between ¼ inch (6.4mm) and ½ inch (13mm) shall be beveled at 1:2 (50%) minimum. The bevel shall be applied across the entire level change.
2 — 41 • R301.7.1 Walkway Joints and Gratings – Openings shall not permit passage of a sphere more than ½ inch (13mm) in diameter. Elongated openings shall be placed so that the long dimension is perpendicular to the dominant direction of travel.
R302 Alternate Circulation Path: This section describes temporary route requirements.
R302.2 Location – To the maximum extent feasible, the alternate circulation path shall be provided on the same side of the street as the disrupted route.
R302.3 Protection – Where the alternate circulation path is exposed to adjacent construction, excavation drop-offs, traffic, or other hazards, it shall be protected with a pedestrian barricade or channelizing device complying with R302.4.
R302.4 Pedestrian Barricades and Channelizing Devices – Pedestrian barricades and channelizing devices shall be continuous, stable, and non-flexible and shall consist of a wall, fence, or enclosure specified in section 6F-58, 6F-63, and 6F-66 of the MUTCD.
• R302.4.1 Detectable Base – A continuous bottom edge shall be provided 6 inches (150mm) maximum above the ground or walkway surface.
• R302.4.2 Height – Devices shall provide a continuous surface or upper rail at 3 ft. (.9m) minimum above the ground or walkway surface. Support members shall not protrude into the alternate circulation path.
R307 Street Furniture: This section contains specifications for the different types of street furniture, some of which can be installed on sidewalks.
TRAILS Current ADAAG Requirements
The specific requirements in ADAAG that apply to the design of shared-use paths and trails are contained in the appropriate sections that are specific to the function of the path or trail:
• Shared-use paths and pedestrian trails that function as sidewalks shall meet the same requirements as sidewalks (see 1. a. Sidewalks, Current ADAAG Standards above). Where shared-use paths and pedestrian trails cross highways or streets, the crossing also shall meet the same requirements for street crossings, including the provision of detectable warnings (see Crossings and Intersections, a. Current ADAAG Requirements).
• Shared-use paths and pedestrian trails that function as trails should meet the accessibility guidelines proposed in the Access Board’s Regulatory Negotiation Committee on Accessibility for Outdoor Developed Areas Final Report found at www.access-board.gov/outdoor/outdoor-rec-rpt.htm. This report also has guidelines for Outdoor Recreation Access Routes (routes connecting accessible elements within a picnic area, camping area, or a designated trailhead).
• Recreational trails primarily designed and constructed for use by equestrians, mountain bicyclists, snowmobile users, or off-highway vehicle users, are exempt from accessibility requirements even though they have occasional pedestrian use.
Most trailside and trailhead structural facilities (parking areas, restrooms) must meet the ADAAG.
2 — 42 Application and Best Practices
Shared-use path and trail designers should seek opportunities to incorporate accessible features and elements, and to include trail routings that meet accessibility criteria to ensure that there are transportation and recreation opportunities for a variety of users within an overall trails program. Where trail-related facilities, such as parking, shelters, toilets, drinking fountains, and other features are provided on or along an accessible trail site, they must provide some level of accessibility and be served by an accessible route. Trail designers should accommodate people with disabilities who may use trail facilities by horse, ATV, snowmobile, or by other means.
Other facilities, including transportation and trailside and trailhead facilities, also must be constructed, altered, and operated to be accessible to people with disabilities. Transportation and pedestrian links serving or inter- secting accessible recreational trails should contain accessible elements, including sidewalks, curb ramps, detectable warnings, and similar improvements.
Trail project sponsors should not install barriers or other features that would make it more difficult for people with disabilities to use the trail. Some trail managers install bollards, gates, or other barriers to restrict unauthorized use. Bollards often are a hazard to trail users, often ineffective, and can restrict emergency access. If installed, bollards, gates, or other barriers must not restrict access for people with disabilities.
For more information about good practices in shared-use path design, see Chapter 14 of Designing Sidewalks and Trails for Access, Part 2, available online at: http://www.fhwa.dot.gov/environment/sidewalk2/
Revised Draft Guidelines for Accessible Rights-of-Way
The design of shared-use paths and trails is not meant to be addressed by the Revised Draft Guidelines for Accessible Rights-of-Way. The Access Board’s Final Report, “Accessibility Guidelines for Outdoor Developed Areas,” dated September 30, 1999, covers shared-use paths and trails. However, shared-use paths that function as sidewalks can follow the best practices within the Revised Draft Guidelines for Accessible Rights-of-Way. See the above section on Sidewalks, c. Revised Draft Guidelines for Accessible Rights-of-Way for applicable sections.
References:
1. Americans with Disabilities Act Guidelines (ADAAG), U.S. Access Board, September 1994
2. Accessible Rights-of-Way: A Design Guide, U. S. Access Board, November 1999
3. Revised Draft Guidelines for Accessible Public Rights-of-Way, U. S. Access Board, November 23, 2005
4. Designing Sidewalks and Trails for Access, Part 2, Best Practices Design Guide, Federal Highway Administration, September 2001
5. Guide for the Planning, Design, and Operation of Pedestrian Facilities, American Association of State Highway and Transportation Officials, dated July 2004
6. Regulatory Negotiation Committee on Accessibility Guidelines for Outdoor Developed Areas, Final Report, U.S. Access Board, September 30, 1999.
2 — 43 CURB RAMPS, DRIVEWAY CROSSINGS, AND PARKING
Curb Ramps
This discussion is intended to provide a basic understanding of the requirements and best practices associated with the design of accessible curb ramps and driveway crossings. It is strongly recommended that the refer- ences listed at the end of this chapter be consulted for a more thorough understanding of these requirements and best practices.
Title II of the ADA specifically requires the provision of curb ramps or other sloped areas for all newly con- structed or altered streets, roads, and highways at any intersection having curbs or other barriers to entry from a street level pedestrian walkway. Additionally, under the provisions of program accessibility, public entities must also install curb ramps within existing sidewalks that are not otherwise being altered.
Curb ramps are necessary for access between the sidewalk and the street for people who use wheelchairs. However, curb ramps can create an information barrier for people with vision impairments who use the curb to identify the transition point between the sidewalk and the street. Because curb ramps eliminate the vertical edge of the curb used by pedestrians with vision impairments, it is also necessary to install detectable warnings at curb ramps to mark the boundary between the sidewalk and street.
Current ADAAG Requirements
The specific requirements in ADAAG that apply to the design of curb ramps are contained in:
• 4.3 Accessible Route: Contains requirements for all components of an accessible route, includ- ing walks.
• 4.3.3 Width: Minimum clear width of 36 inches.
• 4.3.7 Slope: Maximum cross slope of 2%. Running slopes greater than 1:20 must comply with requirements of 4.8 Ramps.
• 4.3.8 Changes in Level: Flush or a maximum of ¼ inch, sloped 1V:2H for changes in level greater than ¼ inch up to ½ inch, comply with ramp requirements for changes greater than ½ inch.
• 4.7 Curb Ramps
• 4.7.1 Location: Curb ramps are required wherever an accessible route crosses a curb.
• 4.7.2 Slope: Same as for ramps. See ADAAG 4.8. Running slope shall be the least possible, but no greater than 1:12 maximum, except for alterations. In alterations, running slopes can be in- creased with some conditions. See ADAAG 4.1.6(3)(a). Cross slope shall be 1:50 maximum. The slope of adjoining gutter, road surface, or accessible route shall not exceed 1:20.
• 4.7.3 Width: Minimum 36 inches, exclusive of flares.
• 4.7.4 Surface: Must be firm, stable, and slip resistant.
• 4.7.9 Location at Marked Crossings: Curb ramps at marked crossings shall be wholly contained within the markings, excluding flared sides.
• 4.7.10 Diagonal Curb Ramps: Minimum clear space of 4 feet at the bottom of the ramp.
2 — 44 Application and Best Practices
Selecting the appropriate curb ramp type or design depends on many variables including sidewalk and border width, curb height, curb radius, crosswalk location, site elements and topography of the street corner.
Curb Ramp Considerations
It is not necessary for curb ramps to be in-line with the crosswalk. Avoid designs that require an angled approach or a turn during use. For wheelchair stability, it is very important to approach the base or toe of the ramp straight on when ascending. Therefore the curb ramp must be perpendicular to the curb it cuts, so that both longitudinal sides of the ramp are the same length. If the curb ramp is skewed, with one side shorter than the other, it will be necessary to either 1) turn while ascending which is a more difficult maneuver, or 2) enter the ramp at an angle to the change in slope, which effects balance and compromises control.
Pedestrians who use wheelchairs must “square off” so that they approach a change in slope with both front wheels at the same time. A skewed approach would leave one caster off the ground, compromising balance and control. Additionally, pedestrians who take a run at an up-ramp cannot easily change direction while as- cending. Also, since downhill slope of a ramp usually ends in the street, a loss of control may have serious safety effects.
Whenever possible, it is generally preferable to install paired curb ramps at the corner of an intersection for several reasons. Paired curb ramps permit pedestrians to enter the crossing at the same point and they provide more useful information to blind pedestrians about the location of the corner and the crossings. However, in many existing locations it may be impossible to install paired curb ramps because of the location of existing drainage, sidewalk appurtenances, and other constraints. In existing locations, the designer must provide ac- cessible features to the maximum extent feasible.
Running slopes of curb ramps are limited to 1:12 maximum. In alterations, running slopes are permitted to be 1:10 maximum for a vertical rise of 6 inches maximum and 1:8 maximum for a vertical rise of 3 inches maximum where it is technically infeasible to meet the 1:12 requirement.
Cross slopes are limited to 1:50 (2%). Cross slopes in excess of this on curb ramps, as well as on other areas within the accessible route, create an unstable condition for most pedestrians with mobility impairments.
Transitions from the curb ramp to other areas of the accessible route must be flush. At the foot of the curb ramp the gutter counter slope must not exceed 1:20 (5%) and the transition must be flush and without a lip or other difference in level. This ensures that a wheelchair will not suddenly stop when the front wheels of footrest are caught by an opposing upslope, propelling the pedestrian forward and perhaps out of the wheelchair. Also, the smaller front wheels swivel freely and when these casters hit a raised lip they swivel sideways and stop the wheelchair. Where there is an excessive counter slope at the bottom of a curb ramp without an adequate dis- tance for the wheelchair wheel base, a wheelchair may also get “hung up” between the front casters and rear anti-slip bars, leaving the drive wheels off the ground.
2 — 45 Curb Ramp Components
Curb ramps consist of several components including the curb, ramp area, landing area, flare, and sidewalk approach. Only the approaches, landings, and ramp areas are a part of the accessible route. Because the side flares of a curb ramp can exceed the permitted 1:50 cross slope, an accessible route cannot include travel across a flare.
Flares are intended to provide a transition between the ramp and the sidewalk to eliminate a tripping hazard for pedestrians who walk across them. They are not intended for pedestrians in wheelchairs. They are also not required where the edges of a curb ramp are protected by landscaping or by other sidewalk elements such as signal standards, signal controller boxes, site furniture, or other barriers to travel across, rather than up or down, a curb ramp.
Level landings (i.e., with slopes no greater than 1:50) at the tops of curb ramps make it possible to change direction after completing the ascent, rather than during the rise, and to avoid traveling across the compound slope of a side flare. Top landings can also provide a level area that allows pedestrians to bypass curb ramps entirely when traveling around a corner.
Curb Ramp Types
Curb ramps are generally categorized by their design and position with respect to the direction of travel on the ramp area relative to the sidewalk and street. The three main types of curb ramps include perpendicular, diagonal, and parallel. Additionally, there are combined parallel and perpendicular curb ramps, built-up curb ramps, and depressed corners.
Perpendicular Curb Ramp
This curb ramp has a ramp which is perpendicular to the curb face or if located on the curb radius tangent at the ramp. Users will generally be traveling perpendicular to vehicular traffic when they enter the street at the bottom of the ramp. This type of curb ramp is generally the best design for pedestrians for several reasons (see Table 1).
2 — 46 Diagonal Curb Ramp
This curb ramp is similar to a perpendicular curb ramp in design, however it is located at the apex or midpoint of the curb radius at the corner of an intersection and serves two crossing directions with a single cut. Users will generally be traveling diagonally to vehicular traffic when they enter the street at the bottom of the ramp, which will lead into the center of the intersection. Diagonal curb ramps that require pedestrians who use wheel- chairs to follow a different route than other pedes- trians, where they may not be expected by or may be less visible to a vehicle driver, increase the potential for a pedestrian-vehicle conflict. This is a particular problem with turning vehicles, since the vehicle driver may not check for pedestrians entering the crosswalk from non-standard locations. This type of curb ramp is allowed but generally the least desirable design for pedestrians for several reasons and is therefore not recommended (see Table 1).
If a diagonal curb ramp is provided, users must have enough of the ramp to maneuver towards the direction of the crosswalk. There must be a minimum of 1.2m x 1.2m (4 ft. x 4 ft.) bottom level land- ing of clear space outside the direction of motor vehicle travel and within the painted cross- walk. This distance is meas- ured from the extension of the tangent curb lines. For this rea- son, diagonal curb ramps must not be where curb radii are less than 20 feet.
2 — 47 Parallel Curb Ramp
This curb ramp consists of two ramps leading down towards a level landing centered at the bottom between both ramps. Users will generally be traveling parallel to vehicular traffic when on the ramps. At the level landing at the bottom of the ramps, users wishing to enter the street have to maneuver and turn, while users wishing to continue along the sidewalk have to travel up the adjacent ramp. Parallel curb ramps work well on narrow side- walks but require users continuing on the pathway to negotiate two ramp grades. This type of curb ramp is gen- erally not as good as a perpendicular curb ramp but is better than a diagonal curb ramp for several reasons (see Table 1).
At intersections with narrow sidewalks and wide turning radii, two parallel curb ramps should be considered.
This design is acceptable but not recommended for reasons similar for Diagonal Curb Ramps.
2 — 48 Combined Parallel and Perpendicular Curb Ramp
This curb ramp utilizes the best characteristics of both parallel and perpendicular curb ramps. Parallel ramps are used to lower the elevation of a level landing and then a perpendicular ramp connects the landing to the roadway.
Depressed Corners
Depressed corners gradually lower the level of the sidewalk through an almost undetectable change in slope to meet the grade of the street. They may be designed as an expanded diagonal curb ramp that extends around the entire corner at an intersection. Although depressed corners eliminate the need for a traditional curb ramp, they have some significant drawbacks (see Table 1). Decorative patterns used at depressed corners, such as a brick pattern, may create the illusion of a continuous pathway. People with vision and cognitive impairments may have difficulty detecting the boundary between the sidewalk and street. Contrasting surface materials and barrier posts are measures that can be used to convey the transition between the street and sidewalk at de- pressed corners. Detectable warnings are also required.
2 — 49 Built Up Curb Ramps
Built-up curb ramps are ramps that project from the curb into the street and are usually oriented in the same direction as a perpendicular curb ramp. They are not commonly installed on streets but are frequently used in parking lots. They cannot be located within the access aisle of an accessible parking space.
Table 1 discusses the advantages and disadvantages to pedestrians for each curb ramp type.
2 — 50 Table 1
Ramp Type Advantage to Pedestrian Disadvantage to Pedestrian
Perpendicular 1) Ramp direction is aligned 1) May not provide a straight path of travel on larger with the crosswalk radius 2) Straight path of travel on tight radius 3) Two ramps per corner Diagonal Acceptable but not recom- 1) Pedestrian with vision impairment can mistake mended a diagonal ramp for a perpendicular ramp and unintentionally travel into the intersection because it is not aligned with crossing direction 2) May conflict w/ motorists who are traveling straight or turning, if corner radius is small 3) Directs wheelchair users into intersections Requires wheelchair turning at top & bottom of ramp. A 1.2m x 1.2m (4 ft x 4 ft) bottom landing is required Parallel 1) Requires minimal ROW 1) Pedestrians need to negotiate 2 or more ramp 2) Provides an area to align grades (makes it more difficult for wheelchair with the crossing. The bot- users) tom landing is contained in 2) Improper design can result in the accumulation the sidewalk & not in street of water or debris on the landing at bottom of 3) Allows ramps to be extended ramp to reduce ramp grade 4) Provides edges on the side of the ramp that are clearly defined for pedestrians w/ visual impairments 1) Does not require turning or 1) Visually impaired pedestrians need to negotiate Combined maneuvering on ramp sidewalk ramps Parallel & 2) Ramp aligned perpendicular Perpendicular to crosswalk 3) Level maneuvering area at top & bottom or ramp Depressed 1) Eliminates the need for a 1) Pedestrians w/ cognitive impairments may have Corners curb ramp the illusion that the sidewalks & street are unified pedestrian space (i.e., safe) 2) More difficult to detect the boundary between the sidewalk & the street for persons with visual impairments 3) Service dogs may not distinguish the boundary between sidewalk & the street and will continue walking 4) Improper design can allow large vehicles to travel onto the sidewalk to make tight turns that puts the pedestrian at risk. 5) The design may encourage motorist to turn faster by traveling onto the sidewalk Built-up 1) Users more exposed to vehicles within the roadway
2 — 51 Additional Design Considerations:
For some pedestrians who use walking aids such as canes, walkers or crutches, curb ramps may be difficult to access. The pedestrian must have strength to lift his or her body up over the supporting device. A wider cross- walk that allows the use of either the curb or the curb ramp will enhance access for all users. When a portion of the normal curb is included within the crosswalk, it is easier for people with vision impairment to detect the tran- sition between the sidewalk and the street.
Ramp Grade: Preferred 1:14 maximum to allow for construction tolerances. Reducing the curb height or lower- ing the sidewalk can also minimize ramp length.
Ramp Width: Preferred 4 ft minimum in new construction.
Ramp Alignment: Preferred to be aligned within the crosswalk with a straight path of travel from the top of the ramp to the roadway to the curb ramp on the other side. Diagonal and perpendicular curb ramps must have the ramp area perpendicular to the tangent of the curb radius to prevent wheelchairs from becoming unstable at the bottom of the ramp.
Changes of Grade: Significant changes of grade as the pedestrian travels from the down slope of the ramp to the up slope of the gutter can cause wheelchair users to fall forward. Preferred difference in slope should be held to 11 percent or less.
Figure 26:
A wheelchair can bottom out at area of rapid change of grade (greater than 13 percent). The wheelchair can be pitched forward or thrown backwards.
2 — 52 Changes in Levels and Transition Points: Vertical elevation differences between adjacent surfaces should be as flush as possible. Even a 13mm (0.5 in) change in level combined with a change in grade can complicate access for wheelchair users. Curb ramp lips are not allowed by ADAAG.
Sidewalk Approach Width: Preferred to be 1.2m (4 ft) minimum.
Level landing: The top and bottom of curb ramps should be provided with a 1.2m x 1.2m (4 ft x 4 ft) minimum level landing area with the cross slope of 2% maximum in any direction. This is necessary to allow wheelchair users to maneuver off the ramp and onto the path of travel within the pedestrian zone.
If space is limited, the absolute minimum level landing width should not be less than 915 mm (3 ft). However, in such a case, wheelchair users may have to travel over a portion of the flare in order to move off the ramp onto the path of travel. To compensate, the warping of the slope at the top area of the flare should be blended for easier travel across, and the ramp width should not be less than 1.2m (4 ft). The maximum slope of the flare should not exceed 8.3%, if the landing is between 0.9m and 1.2m(3 ft to 4 ft.)
Drainage: Provide adequate drainage to prevent the accumulation of water and debris on or at the bottom of the ramp area.
Revised Draft Guidelines for Accessible Public Rights-of-Way
2 — 53 General: Curb ramps can be the key source of way-finding information for pedestrians who travel without vision cues if they are installed in-line with the direction of pedestrian travel at crossings. This is most easily accom- plished by locating the ramp at the tangent point of the curb return, using either a small curb radius in an at- tached sidewalk or, in larger radii, a border or setback from the street.
Perpendicular Curb Ramps: This ramp type is the same as in ADAAG, however the ramp length shall not be required to exceed a maximum length of 15 feet, even if this causes the ramp slope to exceed 8.3 %. The cross slope of perpendicular ramps located at midblock crossings shall be permitted to be warped to meet the street grade.
Parallel Curb Ramps: This ramp type is also the same as in ADAAG, however the ramp length is again not required to exceed a maximum length of 15 feet. Running and cross slopes at mid-block crossings shall also be permitted to be warped to meet the street grade.
Blended Transitions: Blended transitions shall comply with the common elements for curb ramps, however the running slope of blended transitions shall be 5 percent maximum and cross slope shall be 2 percent maximum.
Common Elements: The clear width of ramps, blended transitions, and landings shall be a minimum of 4 feet. Detectable warnings shall be provided where a curb ramp, landing, or blended transition connects to a street. Gratings, access covers, and other appurtenances shall not be located on curb ramps, landings, blended transi- tions, and gutters within the pedestrian access route. Grade breaks at the top and bottom of perpendicular curb ramps shall be perpendicular to the direction of ramp run. At least one end of the bottom grade break shall be at the back of curb. Grade breaks shall not be permitted on the surface of curb ramps, blended transitions, land- ings, and gutter areas within the pedestrian access route. Surface slopes that meet at grade break shall be flush. The counter slope of the gutter or street at the foot of a curb ramp, landing, or blended transition shall be 5 percent maximum. Beyond the curb face, a clear space of 4 feet minimum by 4 feet minimum shall be provided within the width of the crosswalk and wholly outside the parallel vehicle travel lane.
Note: Unlike the ADAAG, the Revised Draft Guidelines for Accessible Public Rights-of-Way do not provide discussion of diagonal curb ramps as a specific type.
Driveway Crossings
Driveway crossings within sidewalks consist of many of the same components found in curb ramps. Designers need to remember that as they change the grade to allow cars to effectively negotiate the elevation change be- tween the street and the driveway, the sidewalk driveway crossing design must not violate ADAAG design crite- ria and should not compromise good pedestrian design practice.
There are no specific criteria within ADAAG for the design of driveway crossings within sidewalks. However, sidewalks are a part of the “accessible route.” ADAAG defines “walks” as included in “exterior accessible routes.” Consequently, driveway crossings must be designed to meet all applicable criteria for an accessible route.
The sidewalk at a driveway crossing must contain a level area of sufficient width with minimal cross slope. This is necessary for accessible passage across a driveway. Driveway crossings located within narrow sidewalks that are immediately adjacent to the curb are the most frequently encountered example of excessive cross slope along a pedestrian route.
2 — 54 Current ADAAG Requirements
The specific requirements in ADAAG that apply to the design of driveways are contained in:
• 4.3 Accessible Route
• 4.3.3 Width: Minimum clear width of 36 inches.
• 4.3.7 Slope: Maximum cross slope of 2%. Running slopes greater than 1:20 must comply with re- quirements of 4.8 Ramps.
• 4.3.8 Changes in Level: Flush or a maximum of ¼ inch, sloped 1V:2H for changes in level greater than ¼ inch up to ½ inch, comply with ramp requirements for changes greater than ½ inch.
Application and Best Practices Driveway crossings are often improperly built with cross slopes greater than the maximum allowable 2 percent. Steep cross slopes can be a significant barrier to sidewalk use and may cause pedestrians using wheelchairs and other walking aids to be put at risk of becoming unstable and falling.
Improperly designed driveway crossings may also force users to travel over the sidewalk flare. This design results in rapid changes in grade and cross slope, and wheel- chair users can lose control and possibly tip over as the front wheel loses contact with the ground followed by the opposing back wheel. Driveway crossings with steep short side flares can render as section of sidewalk im- passable. The compound cross slopes at the flares of driveway crossings may cause tipping and falling if one wheel of a wheelchair loses contact with the ground. Wheelchair users whose upper trunk mobility is limited can be thrown from their seats by differentials in cross slope occurring over a small distance. Driveway crossing designs that force users to travel over the steep cross slope in the sidewalk flare are not allowed by ADAAG.
Although gradually sloped driveway crossings are beneficial to people with mobility impairments, they can be problematic for people with vision impairments unless there is a detect- able difference in slope at the edge of the street. Pedestri- ans with vision impairments may not detect the difference in slope of the driveway flare and veer towards the street and may enter the street without realizing it. Also, there should be a detectable edge or lip at the gutter for pedestrians with vision impairments to distinguish the sidewalk and street boundary at the base of the driveway. This detectable edge is not the same as the requirements for a detectable warn- ing, which is used to identify the location where the accessi- ble route crosses a roadway. The requirements for detect- able warnings are discussed later in this chapter. Several design approaches are possible to achieve a complying driveway crossing. The following illustrations provide several examples of good or acceptable design practice.
2 — 55
Good Design: Driveway crossings with wide sidewalks. A wider sidewalk with a maximum 2% cross slope may narrow to 36 inches across the driveway and still provide an accessible route along the sidewalk.
Good Design: A setback between the curb and side- walk of 48 inches will allow the sidewalk to clear a 10% slope on the driveway apron if there is a ½” lip at the gutter to minimize the vertical change that needs to be ramped on the driveway.
Acceptable Design: The sidewalk can be offset to pro- vide the minimum 36 inches at the top of the driveway apron. There may create a potential tripping problem for pedestrians traveling over flare.
Acceptable Design: The curbside sidewalk can be ramped down with parallel ramps to the driveway crossing which is at street grade. The cross slope of the driveway crossing can be at 2% maximum. This design may have drainage problems. There also needs to be a detectable edge (not a detectable warning) or lip at the gutter for pedestrians with vision impairments to distinguish the sidewalk and street boundary at the base of the driveway.
2 — 56 Detectable Warnings
Although curb ramps are required for pedestrians with mobility impairments to access the sidewalk network, they can be an information barrier to persons with visual disabilities. Pedestrians with vision impairments rely on non- visual audible and tactile cues to travel. Cues in the pedestrian environment include the sound of traffic, pres- ence of curb ramps, verbal messages and audible tones in pedestrian signals, and detectable warnings. To ac- commodate the information needs of all pedestrians, it is important to provide information in formats that can be assimilated using more than one sense. Persons with visual disabilities rely on tactile cues, such as the vertical elevation difference between the sidewalk and the street at the curb line.
Curb ramps, depressed corners, and raised crosswalks that continue across a street at curb height do not pro- vide tactile cues of the curb line and therefore must be provided with detectable warnings to delineate the boundary between the sidewalk and roadway.
Detectable warnings are a standardized surface feature built in or applied to walking surfaces or other elements to warn visually impaired people of potential hazards.
Detectable warnings must be placed at the bottom of curb ramps and other locations such as depressed cor- ners, raised crosswalks and raised intersections, borders of medians and islands, and at the edge of transit plat- forms and where railroad tracks cross the sidewalk to warn people with visual impairments of potential hazards.
Current ADAAG Requirements
The specific requirements in ADAAG that apply to detectable warnings are contained in: 4.7.7 Detectable Warnings: Truncated domes meeting specific design criteria are the only permitted detectable warning sur- face. They are required to be provided at the boundary where a walk crosses or ad- joins a vehicular way and the walking sur- faces are not separated by curbs. They must be provided along the full width of the curb ramp (the area fully depressed and adjacent to the street). Detectable warn- ings shall have a visual contrast with the adjacent walking surfaces. Note: Under the provisions of “equivalent facilitation” detectable warnings are only required to a depth of 2 feet.
2 — 57
Detectable warnings shall consists of surface trun- cated domes aligned in a square grid pattern, • Base diameter of 23mm-26-mm (0.9 in.-1.4 in.) • Top diameter of 50-60% of base diameter • Height of 5mm (0.2 in.) • Center-to-center spacing of 41mm-61mm (1.6 in.-2.4in.) • Visual contract of light-on-dark or dark-on-light with adjacent walking surfaces
ADAAG Appendix, Section A, 29.2 recommends that the materials used provide a contrast of at least 70%.
Contrast = [(B1-B2)/B1] x 100 B1 = light reflectance value of lighter area (LRV) B2 = light reflectance value of darker area (LRV)
Grooves are not the equivalent of a detectable warning because pedestrians can easily confuse them with sidewalk expansion joints or cracks in the sidewalk. They are not allowed as a detectable warning by ADAAG.
Application and Best Practices
Detectable warnings must be installed across the full width of the fully depressed area of curb ramps, and 610mm (2 ft) in length up the ramp. The detectable warning should be set back 152mm-200mm (6 in-8 in) from the bottom of the face of curb. This allows wheelchair users to gain momentum before traveling over the trun- cated domes. It provides pedestrians with vision impairments additional time to react to the detectable warning or advanced warning before they reach the street.
Smooth surfaces should be provided adjoining the detectable warning to maximize contrast. Bricks and other textured surfaces affect the ability of the pedestrian to detect the truncated dome warnings. Detectable warnings must be of a contrasting color, which benefits pedestrians with low vision, as well as wheelchair users in identify- ing where an opposing curb ramp meets the street, allowing pedestrians to travel quickly and directly across the roadway.
2 — 58 Truncated domes aligned so that wheels may pass between them are easier for some wheelchair users to nego- tiate. Therefore, dome alignment on ramps is preferred to be in the direction of ramp travel. Dome alignment on level landings is not as critical as on ramps.
Avoid placing detectable warnings at entrances with low vehicular volumes and speeds. Unless the entrance has the characteristics of a typical roadway at an intersection, the overuse of detectable warnings may confuse pedestrians with visual disabilities.
The following illustrations depict typical installations of detectable warnings.
Perpendicular Curb Ramp Raised Crosswalk
Ramped Median
Depressed Corners
Ramped Island
2 — 59 Revised Draft Guidelines for Accessible Public Rights-of-Way
General: The draft guidelines contain significant provisions for detectable warnings and should be reviewed for application requirements. Detectable warning surfaces shall extend 24 inches minimum in the direction of travel and the full width of the curb ramp (exclusive of flares), the landing, or the blended transition. The rows of trun- cated domes shall be aligned to be perpendicular or radial to the grade break between the ramp, landing, or blended transition and the street.
Perpendicular Curb Ramp Location: Where both ends of the bottom grade break of the ramp surface are 5 feet or less from the back of curb, the detectable warning shall be located on the ramp surface at the bottom of the grade break. Where either end of the bottom grade brake of the ramp surface is more than 5 feet from the back of curb, the detectable warning shall be located on the lower landing.
Landings and Blended Transition Location: The detectable warning shall be located on the landing or blended transition at the back of curb.
ACCESSIBLE PARKING
This discussion is intended to provide a basic understanding of the requirements and best practices associated with the design of accessible parking. It is strongly recommended that the references listed at the end of this chapter be consulted for a more thorough understanding of these requirements and best practices.
Just as the provision of pedestrian circulation on and along sidewalks constitutes a “program” of an ADA Title II entity, so too may the provision of on-street parking by a city or town be a program covered by Title II. Although ADAAG contains criteria regarding design of accessible parking and the number of required accessible parking spaces within parking lots, it does not contain similar requirements specific to on-street parking. Therefore, cur- rent requirements do not permit precise scoping for the number of accessible spaces that must be provided in new construction or alteration projects that include on-street parking.
In general, accessible parking must be provided and must comply with all relevant design criteria for accessible parking and accessible routes. For off street parking lots the ADAAG contains specific scoping requirements and technical provisions. For the on-street parking environment ADAAG does not contain specific scoping re- quirements; therefore, the number and location of accessible parking spaces is not specifically required by cur- rent regulation or guidelines. For the on-street parking environment good judgment must be utilized to ensure equal access.
Current ADAAG Requirements
• 4.6 Parking and Passenger Loading Zones
• 4.6.1 Minimum Number. Parking spaces required to be accessible by 4.1 (Minimum Requirements) shall comply with 4.6.2 through 4.6.5. Passenger loading zones required to be accessible by 4.1 shall comply with 4.6.5 and 4.6.6 (below). Also, 4.1.2. (5)(b) One in every eight accessible spaces, but not less than one, shall be served by an access aisle 96 in (2440 mm) wide minimum and shall be desig- nated "van accessible" as required by 4.6.4. The vertical clearance at such spaces shall comply with 4.6.5. All such spaces may be grouped on one level of a parking structure.
• 4.6.3 Parking Spaces: Minimum 96 inches wide. Access aisles shall be part of an accessible route complying with 4.3. Two accessible spaces may share a common access aisle. Parking spaces and access aisles shall be level with surface slopes not exceeding 1:50 (2%) in all directions.
• 4.6.4 Signage: Accessible parking spaces shall be designated as reserved with a specific type and design of sign.
2 — 60 • 4.6.6 Passenger Loading Zones: Access aisle of 60 inches minimum width and 20 feet minimum length.
• 4.3 Accessible Route: Contains requirements for all components of an accessible route, including walks.
• 4.3.3 Width: Minimum clear width of 36 inches.
• 4.3.7 Slope: Maximum cross slope of 2%. Running slopes greater than 1:20 must comply with re- quirements of 4.8 Ramps.
• 4.3.8 Changes in Level: Flush or a maximum of ¼ inch, sloped 1V:2H for changes in level greater than ¼ inch up to ½ inch, comply with ramp requirements for changes greater than ½ inch.
Application and Best Practices
Selecting the appropriate number, location, and type of accessible parking spaces within the public rights-of-way depends on many variables including sidewalk and border width, curb height, location of accessible entrances to buildings, site elements and topography of the street environment. Where accessible parking is provided, at least one in every eight accessible spaces must be van accessible.
Accessible Parking Considerations
Accessibility scoping for parking lots as contained in ADAAG offers some guidance, but it is not directly applica- ble to urban blocks or suburban strips. It is recommended that a municipal policy be established of providing a specific number of accessible parking spaces per developed block face where parking is permitted.
Where parallel parking is already provided, accessible spaces can be designated at the head and foot of a block to take advantage of existing curb ramp access, with consideration given to appropriate access aisles and ac- cessible routes. Consideration should also be given to pedestrians with disabilities who are ambulatory who will need accessible parking spaces close to a specific building of facility. Planners should consider providing ac- cessible spaces – and curb ramps – at mid-block or in other locations to provide a short or direct route to certain accessible entrances.
2 — 61 Perpendicular or Angled Parking
Perpendicular or angled on-street parking can be designed and constructed according to accessible parking space provisions for perpendicular parking within lots as contained within ADAAG. These provisions include 8-foot stall widths, 5-foot wide standard access aisle and 8-foot wide van accessible access aisle at street level with curb ramps connecting to the sidewalk. If built-up curb ramps are used they may not intrude upon the access aisle because this may impair operation of vehicle side entry lifts. The following drawing depicts the basic accessible parking requirements of ADAAG.
The following drawing of angled on-street parking shows three accessible spaces in a block of public parking. Two vans are shown sharing an 8-foot access aisle; one car is parked adjacent to a 5-foot-wide access aisle. In this manner, each access aisle is shared by two accessible parking spaces, allowing the use by disabled persons from either side of a vehicle. Pedestrian routes from the access aisles to the sidewalks are shown via ramps located in the angled area across the head of a vehicle space, one serving each pair of accessible spaces.
2 — 62 Parallel Parking Although ADAAG does not contain technical specifications for accessible parallel parking, a curb lane that is 13 feet wide can accommodate an 8-foot vehicle stall width and a 5-foot access aisle, with a choice of driver- side or passenger-side access aisles. A curb ramp at the head or foot of the space can then provide access to the sidewalk. If the accessible space is adjacent to the street crossing, an existing corner curb ramp may serve it adequately, as long as there is an accessible route connecting the parking space and the curb ramp that is outside the traveled vehicle way. Sidewalk extensions – neckdowns or bulb-outs – used to shorten street crossings or provide traffic calming, can also shelter the access aisle needed for fully usable on-street transfer from vehicle seat to wheelchair.
Access Aisles and Accessible Routes Access aisles must connect to an accessible route leading to an accessible entrance of a facility. An access aisle shared by two accessible spaces does not require a specific configuration for the connecting accessible route. However, it is strongly recommended that the accessible route not require travel behind other parking spaces since persons who use wheelchairs are not easily visible to drivers. Where this is not possible, the ac- cessible route should run behind accessible parking spaces only.
Access Aisle Curb Ramps The maneuvering necessary to enter or exit vehicles and to transfer to and from wheelchairs requires that all accessible spaces, access aisles, and passenger loading zones be level, with slopes no greater than 2% in any direction. This applies to the connecting accessible routes that cannot have cross slopes greater than 2%. For safe transfer, access aisles must be level for their full length. Thus, curb ramps, including built-up ramps, are not permitted within the area -- the full length and width -- of access aisles serving either parking spaces or pas- senger loading zones. Curb ramp openings must be located at the boundary of the access aisle, not the parking space, so that a parked vehicle does not block the ramp. In addition, the required size of access aisles and width of the accessible route cannot be reduced by planters, curbs, or wheel stops.
Revised Draft Guidelines for Accessible Public Rights-of-Way
Scoping: The revised draft guidelines contain scoping requirements for on-street parking which have been adopted from the table in ADAAG based upon the overall number of spaces provided within a street block. An advisory note states that accessible on-street parking spaces are best located where the street has the least crown and grade and close to key destinations. In addition to the guidelines below, one of every 8 disabled parking spaces must be van accessible. The following table is provided:
Total Number of Marked or Metered Park- Minimum Required Number of Ac- ing Spaces on the Block Perimeter cessible Parking Spaces 1 to 25 1 26 to 50 2 51 to 75 3 76 to 100 4 101 to 150 5 151 to 200 6 201 and over 4% of total
2 — 63 Technical Provisions: The revised draft guidelines also contain technical provisions for the design of on-street parking.
Parallel Parking Spaces: Where the width of the adjacent walkway exceeds 14 feet an access aisle of at least 5 feet wide shall be provided at street level the full length of the parking space and shall connect to the pedes- trian route serving the space. The access aisle shall not encroach on the vehicular travel lane. There is no requirement for marking of the access aisle, so a vehicle may park at the curb or at the parking lane boundary with the travel lane in order to locate the access aisle for left or right vehicle side use. Where the width of the adjacent walkway is less than or equal to 14 feet an access aisle is not required. When an access aisle is not provided, the parking space shall be located at either end of the block face. An end-of-block space can be served by the curb ramps at the street crossing.
Perpendicular or Angled Parking Spaces: Where perpendicular or angled parking is provided, an access aisle 8 feet wide minimum shall be provided at street level the full length of the parking space and shall connect to a pedestrian access route serving the space. Access aisles shall be marked so as to discourage parking in them.
Parking Meters: Where parking meters are provided, they must be located at the head or foot of a parallel parking space so as not to interfere with the operation of the side lift or a passenger side transfer. Where payment for parking in a space is included in a centralized collection box or paying station, the space shall be connected to the centralized collection point with a path of travel meeting the requirements of a pedestrian access route.
References:
1. Americans with Disabilities Act Guidelines (ADAAG), U.S. Access Board, September 1994
2. Accessible Rights-of-Way: A Design Guide, U. S. Access Board, November 1999
3. Revised Draft Guidelines for Accessible Public Rights-of-Way, U. S. Access Board, November 23, 2005
4. Designing Sidewalks and Trails for Access, Part 2, Best Practices Design Guide, Federal Highway Administration, September 2001
5. Guide for the Planning, Design, and Operation of Pedestrian Facilities, American Association of State Highway and Transportation Officials, dated July 2004.
2 — 64 CROSSINGS AND INTERSECTIONS
Current ADAAG Requirements
The specific requirements in ADAAG that apply to the design of pedestrian crossings and roadway intersection designs are contained in:
• 4.3 Accessible Route - Contains requirements for all aspects of an accessible route, of which a pedes- trian crossing would apply. • 4.3.7 Slope - maximum cross slope of 2%. Running slopes greater than 1:20 (5%) must comply with requirements for ramps (section 4.8). • 4.3.8 Changes in Level - flush or a maximum of ¼ inch, sloped 1 vertical:2 high for changes in level greater than ¼ inch up to ½ inch, comply with ramp requirements for changes greater than ½ inch. • 4.5.4 Gratings - If gratings are located in the walking surfaces, then they shall have spaces no greater than ½ inch(13 mm) wide in one direction. If gratings have elongated openings, then they shall be placed so that the long dimension is perpendicular to the dominant direction of travel. • 4.7.11 Islands - Any raised islands in crossings shall be cut through level with the street or have curb ramps at both sides and a level area at least 48 inches (1220 mm) long between the curb ramps in the part of the island intersected by the crossings.
Application and Best Practices
Many general principles that apply to the design of good pedestrian crossings are applicable to the design of crossings for people with disabilities. These are:
1. Recognize pedestrians want and need to cross the street safely.
2. Pedestrians will cross where it’s most convenient.
3. Pedestrians need to be able to determine the right time to cross.
4. Drivers need to understand pedestrians’ intent.
5. Speed matters.
6. Good design makes use of these principles.
Since crossings are part of the accessible route, normal ADAAG provisions apply (see above). Designing an effective pedestrian crossing involves the correct layout of pedestrian elements, including:
• information (signs, signals, markings) • turning radius visible crosswalks (including raised crosswalks) • adequate crossing times • medians (See Figure 35) • refuge islands • corner island (See Figure 36) • curb ramps with detectable warnings • curb extensions (See Figure 38)
2 — 65 It also involves careful consideration of adequate sight lines, traffic patterns, and traffic signal phasing. Other techniques such as restrictions on right turns, pedestrian lead times, and traffic calming measures will benefit all pedestrians. Regulations that prohibit parking at the corner can also improve blocked sight lines. Curb extensions improve visibility between pedestrians and motorists and make it easier to install perpendicular curb ramps with level landing.
Regulations that prohibit parking at the corner can also improve blocked sight lines.
Figure 38:
Medians: Medians generally reduce crossing exposure and allow pedestrians to negotiate vehicle traffic one direction at a time. Medians should be curbed or barrier medians to physically separate pedestrians and motor- ists rather than painted flush. Furthermore, all medians should be accessible to pedestrians. The nose of the median should be extended beyond the crosswalk (See Figure 39). If a cut through (See Figure 40) is provided, it should be at least 1.8m (6 ft) long and 1.5m (5 ft) wide. This allows 2 wheelchair users to pass each other. In addition, the edges of the cut-through must be perpendicular to the street being crossed.
Figure 39:
GOOD DESIGN: The height of this median does not exceed 76mm (3 in). This design allows for the construction of shorter curb ramps and a longer level landing.
2 — 66 Ramped medians (See Figure 35), should have a curb ramp at either end and a level landing at least 1.5m x 1.5m (5 ft x 5 ft). For all medians, cut-through or ramped, a 0.6m (2 ft) strip of detectable warnings should be located at the entrance and exit.
Corner Island: The design guidance for the island itself is similar to those of the median. The island should be raised and designed with curb ramps (See Figure 36) or a pedestrian cut-through (See Figure 41). If a cut- through design is selected, it should provide at least 1.5m (5 ft) of clear space in all directions. In addition, a 0.6m (2 ft) strip of detectable warning should be included at every exit point on the island.
Ramped Corner Island (See Figure 36): The design should include curb ramps that are at least 1.5m (5 ft) wide (preferred), 1.5m x 1.5m (5 ft x 5 ft) level landing and detectable warnings.
Figure 40:
Cut-through medians should be at least 1.525m (60 in) wide and should include 610mm (24 in) strips of detect- able warnings at both ends.
2 — 67 Figure 41:
Corner islands with cut-through should be at least 1.525m (60 in) wide at all locations and include 610mm (24 in) strips of detectable warnings.
Revised Draft Guidelines for Accessible Rights-of-Way
Some of the sections that apply to the design of roadway crossings and intersections are:
R204 Pedestrian Access Route: The pedestrian access route is a portion of the general pedestrian circulation path which may include walkways, sidewalks, street crossings and crosswalks, and overpasses and under- passes, courtyard, elevators, platform lifts, stairs, ramps and landings. Pedestrian access routes are continuous and unobstructed walkways within a pedestrian circulation path that provides accessibility.
R206 Pedestrian Crossings: When railroad tracks are located in a street or highway that has a pedestrian route, the detectable warnings at the curb ramps make a second set of detectable warnings at the rail unnecessary in most applications. When rail tracks are not associated with a street or highway, they must have detectable warnings across the pedestrian access route on either side.
• R301 Pedestrian Access Route: Street crossings are considered to be part of a pedestrian access route, and are thus required to be in compliance with the applicable portions of the document that pertain to pedestrian access routes. The relevant measures are:
• Minimum continuous width of 4.0 ft. (1.2 m)
• Cross slope shall be 2% maximum
• When walkway is contained within a street or highway border, its grade shall not exceed the general grade established for the adjacent street or highway
• Surface shall be firm, stable and slip resistant
2 — 68 R305 Pedestrian Crossings: Crosswalks contain the pedestrian access route that connects to departure and arrival walkways through any median or pedestrian refuge island. Marked crosswalks shall have a 6 ft. (1.8 m) minimum width. The following cross slope minimums are required:
• 2% at crossings with Stop Control
• 5% at crossings without Stop Control
• at Midblock crossings, warping is permitted to meet street or highway grades
Running slope shall be 5% maximum, measured parallel to the direction of pedestrian travel in the crosswalk. Also, to match the new 2003 MUTCD requirements, all pedestrian signal phase timing shall be calculated using a pedestrian walking speed of 3.5 ft/sec (1.1 m/s) maximum. The crosswalk distance used in calculating pedes- trian signal phase timing shall include the entire length of the crosswalk. Medians and pedestrian refuge islands in crosswalks contain a pedestrian access route, so they must comply with the following:
• 6 ft. (1.8 m) minimum length in the direction of pedestrian travel
• Detectable warnings are required at curb ramps and blended transitions.
Detectable warnings at cut-through islands shall be located at the curb-line in-line with the face of curb and shall be separated by a 2 ft. (61 cm) minimum length of walkway without detectable warnings. Where the island has no curb, the detectable warning shall be located at the edge of roadway.
For pedestrian overpasses and underpasses, where the approach slope exceeds 5%, the approach shall be a ramp with a 4 ft. (1.2 m) minimum width or an elevator, a limited use/limited application elevator, or platform lift complying with the applicable requirements in section and providing for independent operation.
Roundabout intersections with pedestrian facilities must comply with the requirements for pedestrian access routes. If walkways are curb-attached, there shall be a continuous and detectable edge treatment along the street side of the walkway wherever pedestrian crossing is not intended. Where chains, fencing, or railings are used, they shall have a bottom element 15 in. (38 cm) maximum above the pedestrian access route. At round- abouts with multi-lane crossings, a pedestrian activated signal complying with R306 (Accessible Pedestrian Sig- nals (APS)) shall be provided for each segment of each crosswalk, including the splitter island. Signals shall clearly identify which crosswalk segment the signal serves. Roundabout intersections with single-lane approach and exit legs are not required to provide signals.
At channelized turn lanes at intersections with pedestrian crosswalks at multi-lane right or left channelized turn lanes with pedestrian signal indications, a pedestrian activated signal complying with R306 (APS) shall be pro- vided. APS devices installed at splitter and “pork chop” islands must be carefully located and separated so that signal spillover does not give conflicting information about which crossing has the WALK indication displayed.
2 — 69 References 1. Americans with Disabilities Act Guidelines (ADAAG), U.S. Access Board, September 1994
2. Accessible Rights-of-Way: A Design Guide, U.S. Access Board, November 1999
3. Designing Sidewalks and Trails for Access, Part 2, Best Practices Design Guide, Federal Highway Administration, September 2001
4. Guide for the Planning, Design, and Operation of Pedestrian Facilities, American Association of State Highway and Transportation Officials (AASHTO), dated July 2004
5. Revised Draft Guidelines for Accessible Public Rights-of-Way, U.S. Access Board, November 23, 2005
6. Manual on Uniform Traffic Control Devices for Streets and Highways 2003 Edition, Federal Highway Administration
SIGNS AND SIGNALS
Signs
Pedestrian signs should not be placed in locations where they obstruct the minimum clearance width or protrude into the pathway. The majority of signs in the public right-of-way are directed at the motorist. Although these signs may affect pedestrians, they are usually not positioned to be seen by sidewalk users. Therefore, pedestrians may be put in danger because important safety information is not easily visible.
Current ADAAG Requirements
Section 4.30 provides guidelines for signage. However, most are targeted at indoor facilities and might not apply to all outdoor spaces.
• 4.30.1 General: Signage required to be accessible by 4.1 shall comply with the applicable provisions of 4.30.
• 4.30.2 Character Proportion: Letters and numbers on signs shall have a width-to-height ratio between 3:5 and 1:1 and a stroke-width-to-height ration1:5 and 1:10.
• 4.30.3 Character Height: Characters and number on signs shall be sized according to the viewing distance from which they are to be read. The minimum height is measured using an upper case X. Lower case characters are permitted.
• 4.30.4 Raised and Brailled Characters and Pictorial Symbol Signs (Pictograms): Letters and numerals shall be raised 1/32 in (0.8 mm) minimum, upper case, sans serif or simple serif type and shall be accompanied with Grade 2 Braille. Raised characters shall be at least 5/8 in (16 mm) high, but no higher than 2 in (50 mm). Pictograms shall be accompanied by the equivalent verbal description placed directly below the pictogram. The border dimension of the pictogram shall be 6 in (152 mm) minimum in height.
• 4.30.5 Finish and Contrast: The characters and background of signs shall be eggshell, matte, or other non-glare finish. Characters and symbols shall contrast with their background – either light characters on a dark background or dark characters on a light background.
2 — 70
• 4.30.6 Mounting Location and Height
• 4.30.7 Symbols of Accessibility: Facilities and elements required to be identified as accessible by 4.1 shall use the international symbol of accessibility.
Application and Best Practices
Most agencies rely on the Manual on Uniform Traffic Control Devices (MUTCD) for guidelines on signage. For font recommendations, the MUTCD references the Standard Alphabets for Highway Signs and Pavement Mark- ings, which permits a series of six letter types on signs. Each letter type features a different stroke width-to- height ratio. Various sign shapes, colors, and lettering are used for each type of sign (warning, street, regula- tory, etc.) However, Braille and raised lettering are not addressed in the MUTCD.
Pedestrian and street signage that complies with the MUTCD will meet most accessibility criteria for character proportion, character height, and contrast, features that are important to pedestrians who have a vision impair- ment.
Targeting more signs toward pedestrians would improve safety and permit them to identify routes requiring the least effort for travel. Warning signs similar to the standard traffic warning signs would provide information on sidewalk characteristics such as steep grades. Currently, the MUTCD has not introduced these types of signs. Furthermore, inclusion in this document as a best practice does not constitute FHWA endorsement. However, objective signage provides users with reliable information they can use to make informed choices about travel routes. If signage is used in the right-of-way, it should be implemented with audible or tactile information to be accessible to all persons including those with visual impairments.
For more information about best practices in accessible pedestrian signing, see Chapter 6, sections 6.1 and 6.2, as well as Chapter 14, section 14.8, and Chapter 15, section 15.8 of Designing Sidewalks and Trails for Access, Part 2.
Revised Draft Requirements for Accessible Rights-of-Way
Some of the sections which apply to accessible pedestrian signing are:
R210 Pedestrian Signs: Refers the specific applicable guidance sections for general pedestrian signs, bus route identification, and directional, informational, and warning signs.
R306.4 Directional Information and Signs: Pedestrian signal devices shall provide tactile and visual signs on the face of the device or its housing or mounting to indicate crosswalk direction and the name of the street contain- ing the crosswalk served by the pedestrian signal. Specific specifications for the arrow, street name, and cross- walk configuration information are contained in sections R306.4.1 Arrow; R306.4.2 Street Name; and R306.4.3 Crosswalk Configuration.
R308.5 Signs: This section contains specific information about parking space identification signs, which shall be include the International Symbol for Accessibility comply with R409.5.10. Signs shall be located at the head or foot of the parking spaces so as not to interfere with the operation of a side lift or a passenger side transfer.
R308.6.3 Displays and Information: This section specifies the displays and information relative to parking meters. The displays and information shall be visible from a point located 1.0m (3.3 ft) maximum above the center of the clear floor space in front of the meter.
2 — 71 R409 Signs: This section covers the detail specifications for pedestrian signs:
• R409.1 General – Where both visual and tactile characters are required, either one sign with both vis- ual and tactile characters, or two separate signs, one with visual, and one with tactile characters, shall be provided.
• R409.2 Raised Characters – Raised characters shall comply duplicated in Braille complying with R409.3. Raised characters shall be installed in accordance with R409.4 and follow the following specifications for depth, case, character proportions, character height, stroke thickness, character spacing and line spacing: R409.2.1, R409.2.2, R409.2.3, R409.2.4, R409.2.5, R409.2.6, R409.2.7, and R409.2.8.
• R409.3 Braille – Specifications relating to Braille are contained in subsections R409.3.1 and R409.3.2.
• R409.4 Installation Height and Location – Signs with tactile characters shall be located 1.2m (4.0 ft) minimum above the finish floor or ground surface, measured from the baseline of the lowest tactile character and 1.5m (5.0 ft.) maximum above the finish floor or ground surface, measured from the baseline of the highest tactile character.
• R409.5 Visual Characters – Visual characters shall comply with R409.5. The subheadings within this section further describe the requirements for finish, contrast, character case, style, proportions, char- acter height, height from floor or ground, stroke thickness, character spacing, line spacing and the in- ternational symbol of accessibility.
Signals
Current ADAAG Requirements
Generally, ADAAG does not contain any specific sections which are applicable to traffic control signals. However, Section 4.27 Controls and Operating Mechanisms is applicable to any traffic control signal pedestrian push button.
In addition, Title II, Section 35.160 of Subpart E – Communications can be interpreted to apply to any communication within the public rights-of-way (e.g., traffic control signals). It requires that the public entity take steps to ensure that communications with the public not exclude people with disabilities. In the case of traffic control signals for pedestrian crossings, this would require that WALK signals provide information in a format that is non-visual so that persons with visual disabilities are not excluded.
Application and Best Practices: Pedestrians with vision and mobility impairments and cognitive disabilities are increasingly at a disadvantage when they leave the sidewalk to cross the street. The lack of useful information at intersections is an impedi- ment to independent travel for blind pedestrians and those with low vision. Computerization of traffic operations has allowed increases in traffic volume by designing the maximum vehicle time and space utilization, usually at the expense of pedestrians.
Pedestrians who are blind use audible and tactile cues for independent travel. At intersections with fixed-time signal phasing and consistent traffic flow, traffic signal phase changes will be reflected in parallel and perpen- dicular traffic surges. Pedestrians with visual impairments use these surges to identity the appropriate crossing intervals. However, when traffic sounds are sporadic or masked by ambient noise, the geometry of the intersec- tion is irregular, or acoustics are poor, additional information about crossing conditions would be useful. Acces- sible pedestrian signals (APS) are intended to provide that additional information about crossings in a format useable by people with vision or cognitive impairments.
2 — 72 Accessible Pedestrian Signals: All pedestrians benefit from receiving information in multiple formats, especially persons with visual and cogni- tive disabilities, as well as children. Audible, tactile, and vibrotactile information can be provided as part of the APS. APS increase the efficiency of pedestrian timing and can make pedestrian actuated devices accessible and usable by all pedestrians. Audible tones and speech messages can provide standard information about the status of the signal cycle (WALK, DON'T WALK). Information on the location, direction of travel, and the name of the street to be crossed can also be included. Infrared or Light Emitting Diodes (LED) transmitters can send speech messages to personal receivers. In addition to providing information in multiple formats, the physical design, placement, and location of the pedestrian signal device need to be accessible to pedestrians with vision and mobility impairments.
The Public Rights-of-Way Access Advisory Committee in their Building a True Community Final Report of January 10, 2001 recommended that APS be installed at all new signals where any of the following exist:
• when the pedestrian walk phase is pedestrian activated (a button has to be pushed)
• where there is a leading pedestrian interval (LPI)
• where the traffic signal is pre-timed (fixed time) and pedestrian information is provided
• The 2003 Manual on Uniform Traffic Control Devices (MUTCD) recommendations for APS installation are to conduct an engineering study, which should consider the following:
• potential demand for accessible pedestrian signals (APS)
• a request for APS
• traffic volumes during times when pedestrians might be present; including periods of low traffic volumes or high turn-on-red volumes
• the complexity of traffic signal phasing
• the complexity of intersection geometry
2 — 73 Requirements for the installation of pedestrian signals are included in Chapter 4E of the 2003 Manual on Uniform Traffic Control Devices (MUTCD). Specifically, Section 4E.06, addresses the standards for accessi- ble pedestrian signals (APS). The MUTCD does not require the installation of APS, however, it does have stan- dards for APS, once installed. The MUTCD standards for APS are as follows:
• that APS be used in combination with pedestrian signal timing,
• that the information clearly indicate which pedestrian crossing is served by the device,
• that the operation of the APS not be limited by the time of day or day of the week,
• that the audible tones be compatible and distinguishable from extraneous sources of sound to elimi- nate confusion,
• that the audible tone have a separate tone for the walk interval (distinguishable from the pushbutton locator tone),
• that the verbal messages be clear and use specific wording, and
• that vibrotactile device indicate the walk interval through the use of a vibrating directional arrow or similar means.
APS provide information in a variety of formats, including audible, broadcast, tactile, and receiver-based:
• pedestrian head mounted audible signals
• pedestrian pushbutton integrated signals
• combination systems with pedestrian head speaker and locator tone at pushbutton
• transmitted message signals
• vibrotactile
The use of pushbutton pedestrian signal activation should be reserved for crossing locations where pedestrian volumes are low and/or sporadic. The 2003 MUTCD Section 4E.09 recommends that APS pushbutton locations be:
• adjacent to a level all-weather surface to provide access from a wheelchair, and where there is an all- weather surface, wheelchair accessible route to the ramp;
• within 5 ft. (1.5m) of the crosswalk extended;
• within 10 ft. (3m) of the edge of the curb, shoulder, or pavement; and
• parallel to the crosswalk to be used
2 — 74 Revised Draft Requirements for Accessible Rights-of-Way
The following sections of the Revised Draft Requirements for Accessible Rights-of-Way address traffic control and pedestrian signals:
R305.3 Pedestrian Signal Phase Timing: All pedestrian signal phase timing shall be calculated using a pedes- trian walk speed of 1.1m/sec (3.5 ft/sec) maximum. The crosswalk distance used in calculating pedestrian sig- nal phase timing shall include the entire length of the crosswalk.
R305.6.2 Signals: At roundabouts with multi-lane crossings, a pedestrian activated signal complying with R306 shall be provided for each segment of each crosswalk, including the splitter island. Signals shall clearly identify which crosswalk segment the signal serves. Roundabout intersections with single-lane approach and exit legs are not required to provide signals.
R306 Accessible Pedestrian Signals (APS): This section details the requirements for all things related to APS:
• R306.2 Pedestrian Signals – Each crosswalks with pedestrian signal indication shall have an accessi- ble pedestrian signal which includes audible and vibrotactile indications of the WALK interval. Where a pedestrian pushbutton is provided, it shall be integrated into the accessible pedestrian signal and shall comply with R306.2.
• R306.2.1 Location • R306.2.1.1 Crossings • R306.2.1.2 Medians and Islands • R306.2.2 Reach and Clear Floor or Ground Space • R306.2.3 Audible Walk Indication • R306.2.3.1 Tones • R306.2.3.2 Volume
• R306.3 Pedestrian Pushbuttons – This section describes the requirements for the pedestrian pushbut- ton signal activation
• R306.3.1 Operation – Pedestrian pushbuttons shall comply with R405.4 • R306.3.2 Pushbutton Locator Tone – Pedestrian pushbuttons shall incorporate a locator tone at the pushbutton. Pushbutton locator tone volume measured at 92cm (3 ft.) from the pushbutton shall be 2 dB minimum and 5 dB maximum above ambient noise level and shall be responsive to ambient noise level changes. The duration of the locator tone shall be 0.15 sec maximum and shall repeat at intervals of one second. The locator tone shall operate during the DON’T WALK and flashing DON’T WALK intervals only and shall be deactivated when the pedestrian signal is not operative. • R306.3.3 Size and Contrast – Pedestrian pushbuttons shall be a minimum of 0.5cm (2 in.) across in one direction and shall contrast visually with their housing or mounting. • R306.3.4 Optional Features – an extended button press shall be permitted to activate additional features. Buttons that provide additional features shall marked with three Braille dots forming an equilateral triangle in the center of the pushbutton.
2 — 75 • R306.4 Directional Information and Signs – Pedestrian signal devices shall provide tactile and visual signs complying with R306.4 on the face of the device or its housing or mounting to indicate crosswalk direction and the name of the street containing the crosswalk served by the pedestrian signal.
• R306.4.1 Arrow – Signs shall include a tactile arrow aligned parallel to the crosswalk direction. The arrow shall be raised 0.8mm (.03 in) minimum and shall be 4mm (1.5 in) minimum in length. The arrowhead shall be open at 45 degrees to the shaft and shall be 33% of the length of the shaft. Stroke width shall be 10% minimum and 15% maximum of arrow length. The arrow shall contrast with the background. • R306.4.2 Street Name – Accessible pedestrian signals (APS) shall include street name informa- tion aligned parallel to the crosswalk direction and shall comply with R409.3 or shall provide street name information in audible format. • R306.4.3 Crosswalk Configuration – where provided, graphic of crosswalk configuration shall be tactile. • R405.4 Operation : This section pertains to the operation of pedestrian pushbuttons. It states that operable parts shall be operable with one hand and shall not require tight grasping, pinching, or twisting of the wrist. The force required to activate operable parts shall be 22 N (5 lbs.) maxi- mum.
References:
1. Americans with Disabilities Act Guidelines (ADAAG), U.S. Access Board, September 1994
2. Accessible Rights-of-Way: A Design Guide, U.S. Access Board, November 1999
3. Designing Sidewalks and Trails for Access, Part 2, Best Practices Design Guide, Federal Highway Administration, September 2001
4. Guide for the Planning, Design, and Operation of Pedestrian Facilities, American Association of State Highway and Transportation Officials (AASHTO), dated July 2004
5. Revised Draft Guidelines for Accessible Public Rights-of-Way, U.S. Access Board, November 23, 2005
6. Manual on Uniform Traffic Control Devices for Streets and Highways 2003 Edition, Federal Highway Administration
7. Designing Pedestrian Facilities for Accessibility, FHWA training course, Resource Center – San Francisco
2 — 76 CONSTRUCTION AND TEMPORARY FACILITIES
When construction zones encroach on sidewalks or crosswalks, pedestrians may suddenly find themselves hav- ing to make detours that may be unsafe, difficult to navigate or both. They may be forced to choose between picking their way through the construction site or walking in a busy street. This can be especially dangerous for the elderly and handicapped, who rely on well-maintained, well-marked sidewalks for safe mobility. The problem escalates when projects are built in phases and when construction zones change weekly or even daily.
The needs and control of all road users (motorists, bicyclists, and pedestrians within the highway, including per- sons with disabilities in accordance with the ADA regulation at 28 CFR 35.130) through a TTC zone shall be an essential part of highway construction, utility work, maintenance operations, and the management of traffic inci- dents. These road users need a clearly delineated and usable travel path. Considerations for pedestrians with disabilities are addressed in Section 6D.02 of MUTCD.
Current ADAAG Requirements
• 4.1.1 (4) Temporary Structures: These guidelines cover temporary buildings or facilities as well as permanent facilities. Temporary buildings and facilities are not of permanent construction but are extensively used or are essential for public use for a period of time. Examples of temporary buildings or facilities covered by these guidelines include, but are not limited to: temporary safe pedestrian passageways around a construction site. Structures, sites and equipment directly associated with the actual processes of construction, such as scaffolding, bridging, materials hoists, or construction trailers are not included.
• 4.3 Accessible Route: Contains requirements for all components of an accessible route, including walks.
• 4.3.3 Width: Minimum clear width of 36 inches
• 4.3.7 Slope: Maximum cross slope of 2%. Running slopes greater than 1:20 must comply with requirements of 4.8 Ramps.
• 4.3.8 Changes in Level: Flush or a maximum of ¼ inch, sloped 1V:2H for changes in level greater than ¼ inch up to ½ inch, comply with ramp requirements for changes greater than ½ inch.
• 4.7 Curb Ramps
• 4.7.1 Location: Curb ramps are required wherever an accessible route crosses a curb.
• 4.7.2 Slope: Same as for ramps. See ADAAG 4.8. Running slope shall be the least possible, but no greater than 1:12 maximum, except for alterations. In alterations, running slopes can be increased with some conditions. See ADAAG 4.1.6(3)(a). Cross slope shall be 1:50 maximum. The slope of adjoining gutter, road surface, or accessible route shall not exceed 1:20.
• 4.7.3 Width: Minimum 36 inches, exclusive of flares.
• 4.7.4 Surface: Must be firm, stable, and slip resistant.
• 4.7.9 Location at Marked Crossings: Curb ramps at marked crossings shall be wholly contained within the markings, excluding flared sides.
• 4.7.10 Diagonal Curb Ramps: Minimum clear space of 4 feet at the bottom of the ramp.
2 — 77 Application and Best Practices
Planning Pedestrian Access Consideration should be made to separate pedestrian movements from both work site activity and vehicular traffic. Unless a reasonably safe route that does not involve crossing the roadway can be provided, pedestrians should be appropriately directed with advance signing that encourages them to cross to the opposite side of the roadway. In urban and suburban areas with high vehicular traffic volumes, these signs should be placed at intersections (rather than mid-block locations).
Advance notification of sidewalk closures shall be provided recognizing that pedestrians are reluctant to retrace their steps to a prior intersection for a crossing or to add distance or out-of-the-way travel to a destination. Where pedestrians with visual disabilities normally use the closed sidewalk, a barrier that is detectable by a per- son with a visual disability traveling with the aid of a long cane shall be placed across the full width of a closed sidewalk. In addition, pedestrians must never be diverted into a portion of the street concurrently used by moving vehicular traffic. Where required, fixed pedestrian ways using fences and canopies shall be considered. Adequate illumination and reflectorization is required during hours of darkness.
Access to the workspace by workers and equipment across pedestrian walkways should be minimized because the access often creates unacceptable changes in grade and rough or muddy terrain, and pedestrians will tend to avoid these areas by attempting non-intersection crossings where no curb ramps are available. Where the alternate circulation path is exposed to adjacent construction, excavation drop-offs, traffic, or other hazards, it shall be protected with a pedestrian barricade or channelizing device complying with R302.4.
Pedestrians should be provided with a reasonably safe, convenient, and accessible path that replicates as nearly as practical the most desirable characteristics of the existing sidewalk(s) or footpath(s). Where pedestri- ans who have visual disabilities encounter work sites that require them to cross the roadway to find an accessi- ble route, instructions should be provided using an audible information device. Accessible pedestrian signals (see Section 4E.06 of the MUTCD) with accessible pedestrian detectors (see Section 4E.09 of the MUTCD) might be needed to enable pedestrians with visual disabilities to cross wide or heavily traveled roadways.
Alternate Pedestrian Access Routes When an existing pedestrian access route is blocked by construction, alteration, maintenance, or other temporary conditions, an alternate pedestrian access route complying to the maximum extent feasible with R301, R302, and Section 6D.01, 6D.02 and 6G.05 of the MUTCD (incorporated by reference; seeR104.2.1) shall be provided.
Because these temporary facilities shall be detectable and shall include accessibility features consistent with the features present in the existing pedestrian facility, they should be avoided since pedestrians rarely observe them and the cost of providing accessibility and detectability might outweigh the cost of maintaining a continuous route. Whenever possible, work should be done in a manner that does not create a need to detour pedestrians from existing routes or crossings and to the maximum extent feasible, the alternate circulation path shall be pro- vided on the same side of the street as the disrupted route.
When a separate usable footpath is provided, the footpath should not have any abrupt changes in grade or ter- rain that could cause a tripping hazard or could be a barrier to wheelchair use or irregular surface features, like granite pavers, cobble stones, and other types of rough or jointed surfaces. Because the pedestrian access route is subject to requirements in ADAAG (section 302), the surfaces are required to be firm, stable, and slip resistant. Openings that are more than 1/2 inch in one dimension, such as might occur in a grating, are prohibited.
2 — 78 Provisions for Visual Disabilities Adequate provisions should be made for persons with disabilities. Because printed signs and surface delineation are not usable by pedestrians with visual disabilities, blocked routes, alternate crossings, and sign and signal information should be communicated to pedestrians with visual disabilities by providing audible information de- vices, accessible pedestrian signals, and barriers and channelizing devices that are detectable to pedestrians traveling with the aid of a long cane or who have low vision in addition to the markings requiring a minimum 70 percent contrast so that the barrier will be highly visible to pedestrians.
The preferred method of providing information to pedestrians with visual disabilities that is equivalent to visual signage for notification of sidewalk closures is a speech message provided by an audible information device. Devices that provide speech messages in response to passive pedestrian actuation are the most desirable. Other devices that continuously emit a message, or that emit a message in response to use of a pushbutton with a locator tone are also acceptable. Signage information can also be transmitted to personal receivers, but cur- rently such receivers are not likely to be carried or used by pedestrians with visual disabilities in TTC zones. Au- dible information devices might not be needed if detectable channelizing devices make an alternate route of travel evident to pedestrians with visual disabilities.
Maintaining a detectable, channelized pedestrian route is much more useful to pedestrians who have visual dis- abilities than closing a walkway and providing audible directions to an alternate route involving additional cross- ings and a return to the original route. Braille is not useful in conveying such information because it is difficult to find. Audible instructions might be provided, but the extra distance and additional street crossings might add complexity to a trip.
TEMPORARY TRAFFIC CONTROL DEVICES
Temporary Traffic Control (TTC) devices used to delineate a TTC zone pedestrian walkway shall be crashworthy and, when struck by vehicles, present a minimum threat to pedestrians, workers, and occupants of impacting vehicles.
TTC devices, jersey barriers, and wood or chain link fencing with a continuous detectable edging can satisfacto- rily delineate a pedestrian path. Tape, rope, or plastic chain strung between devices are not detectable, do not comply with the design standards in the “Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (ADAAG)” (see Section 1A.11), and should not be used as a control for pedestrian movements. Pedestrian barricades and channelizing devices shall be continuous, stable, and non-flexible and shall consist of a wall, fence, or enclosures specified in section 6F-58, 6F-63, and 6F-66 of the MUTCD (incorporated by refer- ence; see R104.2.4).
Barricades
Construction sites in or adjacent to the pedestrian access route shall be protected with a barricade in accordance with Section X03.2. Barricades shall be installed in the following locations:
1. Between the pedestrian access route and any adjacent construction site, 2. Between the alternate circulation path and any adjacent construction site, 3. Between the alternate circulation path and the vehicular way, if the alternate circulation path is diverted into the street, 4. Between the alternate circulation path and any protruding objects, drop-offs, or other hazards to pedestrians, 5. At the down curb ramp of an intersection, if the opposite up curb ramp is temporarily and completely blocked, and no adjacent alternative circulation path is provided.
2 — 79 Barricades are not required where the construction site or alternate circulation path is enclosed with a solid, cane-detectable fence or wall. Where protection is provided using a solid fence or wall, a painted or applied hori- zontal 6-inch (150mm) minimum stripe in 70 percent contrast shall be provided at between 42 inches (1065mm) and 60 inches (1525mm) above the adjacent grade.
Section of Barricade
Isometric view shows toe and protective rails at required heights.
Curb Ramp Barricade
Isometric view shows a continuous toe rail and protective railing blocking the leading end and sides of a curb ramp.
2 — 80 Barricade Specifications The construction barricade at the alternate circulation path shall be continuous, stable and non-flexible. It shall have a solid toe rail with its top edge at 6 inches (150mm) minimum in height and its bottom edge no higher than 1-1/2 inches (38mm) above the adjacent surface. It shall have a continuous railing mounted at a top height of 36 to 42 inches (915-1065mm) with diagonal stripes having at least 70 percent contrast. The top rail shall be paral- lel to the toe rail and be situated to allow pedestrians to use the rail as a guide for their hand(s) for way-finding purposes. No barricade support member shall protrude more than 4 inches beyond the toe rail into the alternate circulation path.
Protruding Objects The draft guidelines address objects that may project into circulation paths in a manner hazardous to people with vision impairments. Unlike requirements for pedestrian access routes, these criteria would apply to the full circu- lation space of sidewalks and other pedestrian paths. Objects mounted on walls or posts with leading edges above the standard sweep of canes (27 inches) and below the standard head-room clearance (80 inches) would be limited to a 4-inch protrusion.
Conclusion The extent of pedestrian needs should be determined through the cooperative efforts of the traffic engineers, construction inspectors, crew chiefs, contractors, and pedestrian advocates for each TTC zone situation. In gen- eral, pedestrian routes should be preserved in urban and commercial suburban areas. Alternative routing should be discouraged.
To accommodate the needs of pedestrians, including those with disabilities, the following considerations should be addressed when temporary pedestrian pathways in TTC zones are designed or modified:
A. Provisions for continuity of accessible paths for pedestrians should be incorporated into the TTC proc- ess. Pedestrians should be provided with a reasonably safe, convenient, and accessible path that rep- licates as much as practical the desirable characteristics of the existing pedestrian facilities.
B. Access to temporary transit stops should be provided.
C. Blocked routes, alternate crossings, and sign and signal information should be communicated to pe- destrians with visual disabilities by providing devices such as audible information devices, accessible pedestrian signals, or barriers and channelizing devices that are detectable to the pedestrians travel- ing with the aid of a long cane or who have low vision. Where pedestrian traffic is detoured to a TTC signal, engineering judgment should be used to determine if pedestrian signals or accessible pedes- trian signals should be considered for crossings along an alternate route.
D. When channelization is used to delineate a pedestrian pathway, a continuous detectable edging should be provided throughout the length of the facility such that pedestrians using a long cane can follow it. These detectable edgings should adhere to the provisions of Section 6F.68.
E. A smooth, continuous hard surface should be provided throughout the entire length of the temporary pedestrian facility. There should be no curbs or abrupt changes in grade or terrain that could cause tripping or be a barrier to wheelchair use. The geometry and alignment of the facility should meet the applicable requirements of the "Americans with Disabilities Act Accessibly Guidelines for Buildings and Facilities (ADAAG)" (see Section 1A.11).
F. The width of the existing pedestrian facility should be provided for the temporary facility if practical. Traffic control devices and other construction materials and features should not intrude into the usable width of the sidewalk, temporary pathway, or other pedestrian facility. When it is not possible to main- tain a minimum width of 1500 mm (60 in) throughout the entire length of the pedestrian pathway, a 1500 x 1500 mm (60 x 60 in) passing space should be provided at least every 60 m (200 ft), to allow individuals in wheelchairs to pass.
2 — 81 F. Signs and other devices mounted lower than 2.1m (7 ft) above the temporary pedestrian pathway should not project more than 100 mm (4 in) into accessible pedestrian facilities.
Revised Draft Guidelines for Accessible Rights-of-Way
R201.2 Temporary and Permanent Facilities: Temporary facilities covered by these requirements include, but are not limited to, temporary routes around work zones, portable toilets in the public right-of-way, sidewalk vend- ing facilities, street fair booths, performance stages and reviewing stands, and the pedestrian access routes that serve them. As permitted in R203.1.1, structures and equipment directly associated with the actual processes of construction are not required to be accessible. Elements are often placed on a sidewalk without coordination by different agencies or entities. The U.S. Department of Justice ADA regulations require that the usability of acces- sible features be maintained (28 CFR §35.133 and §36.211).
R203.1.1 Construction Sites: Structures and sites directly associated with the actual processes of construction, including but not limited to, scaffolding, bridging, materials hoists, materials storage, portable toilet units provided for use exclusively by construction personnel, and construction trailers, shall not be required to comply with this part.
R205 Alternate Pedestrian Access Route: When an existing pedestrian access route is blocked by construction, alteration, maintenance, or other temporary conditions, an alternate pedestrian access route complying to the maximum extent feasible with R301, R302, and Section 6D.01 and 6D.02 of the MUTCD (incorporated by reference; see R104.2.1) shall be provided. Advisory R205: Alternate Pedestrian Access Route.
Same-side travel is preferred because it does not increase pedestrian exposure and risk of accident consequent upon added street crossings. A route that uses vehicle lane width may be shorter, safer, and more usable than one that requires two street crossings, even if the roadway surface is imperfect. Part 6D.01 of the MUTCD requires alternate routes to provide the best elements of accessibility provided in the pedestrian circulation route before its disruption.
R210.3 Directional, Informational, and Warning Signs: Directional, informational, and warning signs shall comply with R409.5. Advisory R210.3: Directional, Informational, and Warning Signs. This provision applies legibility criteria to text signs. Examples of covered signs include, but are not limited to, sidewalk closure and pedestrian detour signing required by MUTCD.
R214 Handrails: Where provided, handrails shall comply with R408. Advisory R214 Handrails: It may not be feasible to install handrails with fully complying features on existing developed rights-of-way if the full horizontal handrail extension would narrow a required pedestrian access route or be a hazard to cross traffic. Handrail design should not constitute a protruding object (see R401).
R301.5.2 Surface Discontinuities: Surface discontinuities shall not exceed 13 mm (0.50 in) maximum. Vertical discontinuities between 6.4 mm (0.25 in) and 13 mm (0.5 in) maximum shall be beveled at 1:2 minimum. The bevel shall be applied across the entire level change. Advisory R301.5.2: Surface Discontinuities. Surfaces with individual units laid out of plane and those that are heavily textured, rough, or chamfered, will greatly increase rolling resistance and will subject pedestrians who use wheelchairs, scooters, and rolling walkers to the stressful (and often painful) effects of vibration. It is highly desirable to minimize surface discontinuities; when discontinuities on the pedestrian access route are unavoidable, they should be widely separated.
R302.2 Location: To the maximum extent feasible, the alternate circulation path shall be provided on the same side of the street as the disrupted route. Advisory R302.2: Location. Where it is not feasible to provide a same- side alternate circulation path and pedestrians will be detoured, section 6D.02 of the MUTCD specifies that the alternate path provide a similar level of accessibility to that of the existing disrupted route. This may include the incorporation of accessible pedestrian signals (APS), curb ramps, or other accessibility features
2 — 82 R302.3 Protection: Where the alternate circulation path is exposed to adjacent construction, excavation drop- offs, traffic, or other hazards, it shall be protected with a pedestrian barricade or channelizing device complying with R302.4. Advisory R302.3: Protection. When it is necessary to block travel at the departure curb to close a crosswalk that is disrupted by excavation, construction, or construction activity, care must be taken to preserve curb ramp access to the perpendicular crosswalk. This may require additional pedestrian channelization if only a single diagonal curb ramp serves the corner. Figures 6H-28 and 6H-29 of the MUTCD specify notification sign- age for pedestrian closings and detours. Audible signage triggered by proximity switches can provide information to pedestrians who do not use print signs.
R302.4 Pedestrian Barricades and Channelizing Devices: Pedestrian barricades and channelizing devices shall be continuous, stable, and non-flexible and shall consist of a wall, fence, or enclosures specified in section 6F- 58, 6F-63, and 6F-66 of the MUTCD (incorporated by reference; see R104.2.4).
R302.4.1 Detectable Base: A continuous bottom edge shall be provided 150 mm (6 in) maximum above the ground or walkway surface.
R302.4.2 Height: Devices shall provide a continuous surface or upper rail at 0.9 m (3.0 ft) minimum above the ground or walkway surface. Support members shall not protrude into the alternate circulation path.
R305.6.1 Separation: If walkways are curb-attached, there shall be a continuous and detectable edge treatment along the street side of the walkway wherever pedestrian crossing is not intended. Where chains, fencing, or railings are used, they shall have a bottom element 38 cm (15 in) maximum above the pedestrian access route. Advisory: Because the pedestrian crossings are located off to the side of the pedestrian route around the street or highway and noise from continuously circulating traffic may mask useful audible cues. Carefully delineated crosswalk approaches with plantings, low enclosures, curbs, or other defined edges can be effective in identifying the crossing location(s). Designers should consider ways to mitigate this hazard.
References:
1. Americans with Disabilities Act Guidelines (ADAAG), U.S. Access Board, September 1994
2. US Access Board - Revised Draft Guidelines for Accessible Public Rights-of-Way, November 23, 2005
3. The 2003 Edition of MUTCD, Section 6D.01, 6D.02, & 6G.01
4. Building a True Community, Final Report - Public Rights-of-Way Access Advisory Committee, January 2001 (http://www.access-board.gov/prowac/commrept/part3-03.htm)
2 — 83 2 — 84 ADA Chapter 1
CONSIDERATIONS
VIII. Communications/Auxiliary Aids: Title II ADA and Section 504 Requirements For Effective Communication
The ADA Title II at Subpart E and the specific regulations in this subpart require for public entities that individuals with disabilities must have access to communication that is as effective as communication provided to individuals without disabilities, in order to have an equal opportunity to participate in programs, services, and activities. Similarly Section 504 at 49CFR §27.7 (c), requires that recipients shall take appropriate steps to ensure that communications with their applicants, employees, and beneficiaries are available to persons with impaired vision and hearing. The term "communication" in this context means the transfer of information, including (but not limited to) the verbal presentation of a STA official in a public hearing, the printed text of a document, and the resources of the Internet. This chapter reviews requirements for effective communication under the ADA Title II regulation and the USDOT Section 504 regulation. Title II ADA is more specific and prescriptive with respect to requirements for effective communications. Accordingly, the focus of this chapter will be on Title II ADA requirements.
This chapter discusses the following:
• An overview of the requirements to provide effective communication; • Discussion of ADA requirements regarding the provision of auxiliary aids and services; • Discussion of other significant ADA requirements concerning communications--interpreter services, telecommunication devices for the deaf, emergency telephone services, and information and signage; • Planning Accessible Conferences or Meetings
An Overview Of Communication Requirements
Under the ADA regulation, public entities including state and local governments are required to ensure that indi- viduals with disabilities who access the public entity’s programs, services and benefits are able to experience communication that is as effective as that provided to people without disabilities [28 CFR § 35.160(a). People with visual, hearing, and speech disabilities must all have the opportunity to receive and present communication in a manner that is appropriate and effective [28 CFR § 35.160(a)].
Communication support must be provided in a manner that enables people with disabilities to participate on an equal basis with all others, unless to do so would result in a fundamental alteration in the nature of a service, program, or activity or in an "undue" financial or administrative burden [28 CFR § 35.164]. Such exceptions rarely apply.
The STA’s self-evaluation must include a complete assessment of policies, procedures, and resources that will ensure that people with disabilities are not unlawfully excluded, segregated, or restricted in any way as the result of communication barriers.
Unlike the ADA regulation, the Section 504 regulation for federally assisted programs does not contain a sepa- rate Subpart for communications. However, the Section 504 regulation does contain a number of nondiscrimina- tion requirements that result in an obligation to provide effective communication. Under USDOT’s Section 504 regulations, 49 CFR § 27.7 (c) recipients are required to take appropriate steps to ensure that communications with their applicants and beneficiaries are available to persons with impaired vision and hearing.
2 — 85 Applicable STA Programs, Services and Activities
With respect to the provision of auxiliary aids to access STA programs, services and activities, the most likely of these will be public involvement activities in connection with the planning and construction of Federal aid con- struction projects. Specifically FHWA’s Environmental Impact and Related Procedures (23 CFR Part 771) have a number of requirements for public involvement. Specifically, 23 CFR 777.111 requires STAs to develop and implement public involvement policies and procedures. FHWA must approve these procedures as provided by 23 CFR 777.111(h)(1). Furthermore, 23 CFR 777.111 (h)(2)(iv) provides that STAs provide advance notice of public meetings and hearings for Federal aid highway construction projects. When reviewing and approving STA public involvement policies and procedures, FHWA should have the STA include its policy, procedure and practices for the provision of auxiliary aids in these activities. Other programs areas where auxiliary aids and effective communications may be required include, but are not limited to the following: bid opening events, DBE certification activities, right-of-way proceedings (appraisals, acquisitions), public telephone lines (511, project hotlines, pothole repair hotlines), law enforcement activities (if the STA has a law enforcement branch), groundbreaking/ribbon-cutting ceremonies, and rest area tourist information centers.
Providing Auxiliary Aids and Services
In order to provide equal access to public services, Title II requires entities to make appropriate auxiliary aids and services available whenever they are necessary to ensure effective communication [28 CFR § 35.160(b)(1)]. Upon the request of a qualified person with a disability, public entities must provide access to communication through appropriate auxiliary aids and services. Auxiliary aids and services include a wide range of services, equipment, and devices that provide effective communication to people with visual, hearing, or speech disabili- ties.
Providing a qualified sign language interpreter for an individual who is deaf is an example of an auxiliary service under Title II. Other examples of auxiliary aids and services for people who are hard of hearing include note tak- ers, computer-aided real-time transcription services (CART), amplified and hearing-aid compatible telephones, assistive listening systems, open or closed captioning and caption decoders, text telephones, video relay or tele- communication devices for the deaf (TDDs), and flashing alarms.
Auxiliary aids and services for people with visual disabilities include providing access to printed information through audiotape cassettes, computer diskettes, Braille or large print materials, or through the use of qualified readers; providing verbal descriptions of action and visual information to enhance the accessibility of perform- ances and presentations; and making a staff member available as a guide to enable a person with limited vision to find his or her way along an unfamiliar route. In addition to auxiliary aids and services that are available for use today, many other technologies will undoubtedly emerge in the future that will also constitute appropriate auxiliary aids and services.
Guidelines For Determining Which Types Of Auxiliary Aids And Services To Provide
The courts have held that a public entity violates its obligations under the Americans with Disabilities Act when it simply responds to individual requests for accommodation on an ad-hoc basis. A public entity has an affirmative duty to establish a comprehensive policy in compliance with Title II in advance of any request for auxiliary aids or services [see Tyler v. City of Manhattan, 857 F. Supp. 800, 815 (D.Kan. 1994)]. A recognized good practice in establishing such a comprehensive policy is to consult with the disability community, especially those members most likely to request accommodations. This can be accomplished during the self-evaluation and transition plan processes. The policy and procedure for the provision of auxiliary aids should not also be a stand-alone docu- ment, but can be included in other procedures, particularly the STA’s public involvement manual or procedures, It is crucial that the STA review each request for auxiliary aids individually and not provide/deny auxiliary aids under blanket policies. Accordingly, any request to an STA for an auxiliary aid must be evaluated on a case-by- case basis with careful consideration of the facts offered by the individual with a disability.
2 — 86 Notice
In processing requests for auxiliary aids, the STA must provide notice to all current and potential beneficiaries that it will provide auxiliary aids upon request. Neither Title II ADA nor Section 504 provides that auxiliary aids be provided for every program, service, activity and event. For example, STAs do not have to provide sign lan- guage interpreters at every public meeting or hearing, nor must every STA document be printed in Braille. There may be certain services, such as public telephone information lines (511, various hotlines), that must always be provided in an accessible manner via TTY phone access, or STA websites. However, when the STA does re- ceive requests for these auxiliary aids, it must consider these requests and provide the auxiliary aids according to the four-part test listed later in this section. The essential element for receiving these requests is to provide notice that auxiliary aids will be provided. How is that notice provided?
Generally, with respect to documents, public information telephone lines and information provided via the Inter- net this notice should be provided in every STA document in the following manner:
This document is available in the following formats for persons with disabilities --
• Braille
• Large print
• Audiocassette
• Electronic file on computer disk and electronic bulletin board
With respect to verbal information, as well as written/visual information provided at events, such as that provided in a public meeting, the STA should publish a notice in its meeting announcement that it will provide auxiliary aids upon request. The STA can require that such requests be made in advance of the event. The STA should provide in its notice a specific number of hours or days prior to the event that the request must be made in order to process the request. Neither Title II ADA nor Section 504 provide for a specific time period that requests must be made and processed, so the STAs have flexibility to establish these lead times given its available resources. As part of its oversight activities, FHWA should ensure that STA notices for public meetings and hearings have this notice. This notice should include also be published in and Federal Register notice of intent for the publish- ing of the Environmental Impact Statement. The notice should be written in the following manner: Persons with disabilities may request reasonable accommodations from the STA in order to fully participate in this meeting, such as a sign language interpreter, or this document in an alternative format, by contacting the ADA Coordinator, (555) 555-5555. Requests should be made as early as possible to allow for appropriate ac- commodations, but no later than 48 hours prior to the start time of this meeting.
Another method of providing individual with disabilities with the means of requesting auxiliary aids is to provide a request form, which can be placed on the STA website or by contacting the STA’s ADA coordinator. This form can be used for situations where notice is not normally provided such as an meeting between the requesting individual with a disability and the STA official, or to access programs, services and activities that are available at the STA’s facilities on a regular basis. For public meetings, the STA can request that requestors fill out the form, which can be attached to the public meeting notice or instructions can be provided on how to obtain the form.
2 — 87 Eligibility to Receive Auxiliary Aids
The ADA regulation has a requirement (but not specifically contained in Section 504), that public entities must give "primary consideration" to the requests of the individual with disabilities in determining what type of auxiliary aid and service is necessary [28 CFR § 35.160(b)(2)].
This means the public entity must give each person with a disability an opportunity to request the auxiliary aid or service of his or her choice. It is important to consult with the individual to determine the most appropriate auxil- iary aid or service because the individual with a disability is most familiar with his or her disability and is in the best position to determine what type of aid or service will be effective.
However, the STA is not required to provide the auxiliary aid in a proactive manner without asking the beneficiary or participant who is perceived to have a disability, but it must respond to a request for auxiliary aids. There may be situations where the individual does not feel a need to have an auxiliary aid. Furthermore, the STA is not required to provide to individuals with disabilities personal devices, such as wheelchairs; individually prescribed devices, such as prescription eyeglasses or hearing aids; readers for personal use or study (28 CFR § 35.135 - Personal devices and services); or services of a personal nature including assistance in eating, toileting, or dressing.
In processing requests for auxiliary aids, two questions arise and detailed below is the manner in which a STA should proceed in reviewing and deciding upon requests for auxiliary aids.
1) Is the documentation of the requestor’s disability adequate?
The STA can require that the requestor provide medical documentation that confirms the disability as well as the nature of the disability. The STA does have the right to refuse to provide the auxiliary aid if the requestor refuses to provide documentation crucial in the decision to grant or deny the auxiliary aid. However, the STA should rely upon the requestor to provide this information form his/her medical professional and should not obtain this information on its own unless permission is expressly granted by the requestor. For example, if a requestor who is deaf or hard of hearing asks for a sign language interpreter in order to participate in a public meeting, the STA can ask the requestor to provide an audio-logical evaluation (the STA is not required to pay for this evaluation) by a medical professional that details the nature of the hearing impairment, along with a note or memo from that professional indicating how the requestor will benefit from the use of the sign language interpreter.
2) Are the accommodations necessary?
As part of the request, the requestor should provide specific information describing why the auxiliary aid is necessary to accommodate his/her disability with respect to the program, service, activity or benefit provided by the STA. The STA has the right to deny a request for auxiliary aids, or the auxiliary aid that is the preference of the requestor if he/she cannot demonstrate the necessity. For example, while the STA must give primary consideration to the requestor’s request for a sign language interpreter at a public meeting (as detailed in the example above), the STA can provide an assistive listening device if it can be demonstrated that the assistive listening device will be effective in providing access to the verbal information relayed at that meeting, especially if an audiological evaluation from a medical professional provided by the requestor confirms that the requestor can benefit from this device.
However, if that evaluation states that the most effective means or the only means that will allow the requestor to participate in the public meeting is the provision of sign language interpreters, then the STA must provide the interpreters.
Thoughtful planning is required to handle requests for auxiliary aids and services expeditiously. Under ADA, several factors that may influence whether a particular auxiliary aid or service provides effective communication includes the particular needs of the person requesting the auxiliary aid or service.
2 — 88 For example, a pedestrian who is deaf wishes to attend a public meeting in her town sponsored by the STA discussing the new highway project in her community. The pedestrian is a native user of American Sign Language and knows little English. In advance of the meeting, Mary requested that the STA provide her with an interpreter who is qualified to interpret into American Sign Language. However, the local government who is planning the public meeting provides an interpreter who is qualified to interpret into Signed English. The local government has not provided Mary with communication that is equally effective to that provided to persons without disabilities.
Given the short timeline from the awareness of an individual's need for an auxiliary aid or service to the occurrence of some programs and activities, requests may occasionally be made that cannot readily be met in a timely fashion. Although primary consideration should be given to the individual’s request, plans should also be in place for providing acceptable alternatives to requested auxiliary aids and services. In many instances, an alternative to the original request may be appropriate. Clear communication with the person making the request is essential in finding a suitable accommodation.
Types of Auxiliary Aids
Alternatives to Visual Communication Materials presented in a visual format can inhibit communication with persons who are blind or partially sighted. The following is a list of some of the auxiliary aids and services that may be used to overcome such barriers:
• Alternative Formats. It is essential that information be available in a variety of formats in order to be accessible to users with a variety of disabilities. For example, public entities should ensure that per- sons who are blind or have low vision have access to materials in Braille, on audiotapes, large print, and other formats.
• Braille is a tactile representation of written or printed language. It consists of characters made up of arrangements of raised dots. Not all blind persons read Braille, but many prefer it to tapes because it is easier to scan, easier to refer back to for information, and easier to reference. Braille is sometimes the only alternative form of visual information that a deaf-blind person is able to access since tapes and large print may be inaccessible.
Many people who have limited vision are able to read large print. Print is measured in "point" size. Standard print is usually 10-12 point. Large print is print that is larger than 16 point, usually 18 to 22 point. Large print can be produced at low cost using a photocopier that can enlarge. Many computer programs have the option of printing enlarged documents or formatting text in various font sizes.
The following are alterative methods and formats to visual communications:
• Reproducing written documents in oral format (read by a narrator or speaker) via cassette tape, CD-ROM (i.e. MP3 or similar audio format)
• Software that provide large print displays on monitors
• Screen readers (also called speech synthesizers and voice output) that create "talking computers" that read computer screens
• Braille printers to reproduce computer screen content
• Another form of Braille output is a "refreshable Braille screen" that can translate text from a computer monitor to a Braille version presented on an attached piece of equipment
• Magnification Devices to magnify written text
2 — 89 Alternatives to Aural/Oral Communication
People with various disabilities may be unable to receive or generate spoken communication. The following is a list of some of the most widely used devices that can assist with communication. The following are alterative methods and formats to Aural/Oral communications:
• Writing
• Computer-Aided Real-Time Reporting (CART)
• Assistive Listening Devices (FM Modulated)
• Telecommunication Devices for the Deaf (TDDs)
Telephone Amplification. (With respect to new construction, both the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities and the Uniform Federal Accessibility Standards contain scoping and technical requirements for accessible public telephones equipped with volume controls [§ 4.1.3(17)(b) and 4.31.5, Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (1991) and § 4.1.2(16) (b) and 4.31.5, Uniform Federal Accessibility Standards (1985)].)
• With respect to new construction, the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities also specifically requires hearing-aid compatible telephones [§ 4.31.5(1), Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (1991)]
• Electronic Speech Aids
• Captioning Television and Videotape Programming
Interpreter Services
When sign language interpretation is necessary, the ADA requires that it be provided by a "qualified interpreter." Under Title II of the ADA, the term "qualified interpreter" is defined as an individual who is "able to interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary" [28 C.F.R § 35.104]. To satisfy this requirement, the interpreter must have the proven ability to effectively communicate the type of information being conveyed.
The Title II ADA regulation at 28 CFR § 35.104 defines a qualified interpreter as “an interpreter who is able to interpret effectively, accurately, and impartially both receptively and expressively, using any necessary specialized vocabulary.”
The interpreter qualifications most appropriate in each instance will vary. Certified interpreters are not required; in some cases, experienced interpreters familiar with the subject area will do a better job of capturing the content than a certified interpreter who lacks subject area expertise.
It is generally not appropriate to use a family member or companion as an interpreter. The deaf or hard of hearing person has the right to request an impartial interpreter.
2 — 90 One commonly asked question is when an interpreter is required. Although a notepad and pen for written communication may be sufficient for simple conversations, an interpreter may be necessary when the information is complex or the exchange is lengthy. For example, a public lecture should be interpreted for members of the audience who are deaf. Factors to consider in determining whether an interpreter is required include:
• the context of the event,
• the number of people involved, and
• the importance of the material being communicated [28 CFR § 35.160 (Preamble)].
Public entities are responsible for providing interpreter services upon request, when they are necessary for ef- fective communication, unless doing so would cause a fundamental alteration or undue burden [28 CFR 35.164].
Telephone Communications
Although the Section 504 regulation does not specifically address TDDs, Title II specifically requires that where public entities communicate with the public by telephone, TDDs or equally effective means must be used to communicate with persons who have hearing or speech disabilities [28 CFR § 35.161]. Sometimes called text telephones (TTs) or teletypewriters (TTYs), these devices provide a printout or digital display (or both) that en- ables a person who is deaf or hard of hearing to hold a two-way conversation through the written word. A tele- phone that is not equipped with a TDD device can receive a call from a TDD user only if a relay system is used to provide a spoken interface.
Title IV of the ADA, which covers telecommunications, requires all common carriers that provide telephone voice transmission services (i.e., telephone companies) to have provided telecommunications relay services through- out the area in which they provide service by July 26, 1993 [47 U.S.C. 225 (1990)]. Compliance with Title IV is the responsibility of the Federal Communications Commissions. Telephone relay services required by Title IV of the ADA generally may be used to meet the requirement of ADA Title II that public entities provide TDDs or equally effective telecommunication systems. TDDs or equally effective telecommunication systems, such as telecommunication or video relay services provided by telephone companies, should be provided at all public entities that provide for interaction with the public. STAs should carefully evaluate any complaint or inquiry it re- ceives regarding TDD or TTY service to determine jurisdiction.
Generally, it is a Title II issue under 28 C.F. R. § 35.161 if an STA has the ability to effect or control issues re- lated to the TDD/TTY service, such as the failure to provide telephone services or failure to provide accessible telephones in newly constructed or altered buildings and facilities. However, issues regarding TDD/TTY service beyond the control of the STA, such as the issues relating to the telephone companies’ provision of the service, are Title IV issues and those queries or complaints should be directed to the FCC.
Emergency Telephone Services
Many public entities provide telephone emergency services by which individuals can seek immediate assistance from police, fire, ambulance, and other emergency services. These telephone emergency services--such as "911" services--are clearly an important public service whose reliability can be a matter of life and death.
The Title II regulations at 28 CFR § 35.162 states that telephone emergency services, including 911 services, shall provide direct access to individuals who use TDDs and computer modems.
2 — 91 Under Title II of the ADA, but not Section 504, public entities that operate telephone emergency services must provide direct access to individuals who use TDDs and computer modems for telephone communication [28 CFR § 35.162]. "Direct access" means that emergency telephone services are able to receive calls from TDDs and computer modem users without relying on outside relay services or third-party services. A public entity may, however, operate its own relay services within its emergency system, provided that the services for non-voice calls are as effective as those provided for voice calls in terms of time response.
Accessibility of STA Websites to People with Disabilities
The Americans with Disabilities Act (ADA) and, if the government entities receive Federal funding, the Rehabilitation Act of 1973, generally require that State and local governments provide qualified individuals with disabilities equal access to their programs, services, or activities unless doing so would fundamentally alter the nature of their programs, services, or activities or would impose an undue burden. One way to help meet these requirements is to ensure that government websites have accessible features for people with disabilities, using the simple steps described in this document. An agency with an inaccessible website may also meet its legal obligations by providing an alternative accessible way for citizens to use the programs or services, such as a staffed telephone information line. These alternatives, however, are unlikely to provide an equal degree of access in terms of hours of operation and the range of options and programs available. For example, job announcements and application forms, if posted on an accessible website, would be available to people with disabilities 24 hours a day, 7 days a week.
According to the US Department of Justice publication: “Accessibility of State and Local Government Websites Government Websites to People with Disabilities,” two important resources provide guidance for web developers designing accessible web pages. One is the Section 508 Standards, which Federal agencies must follow for their own new web pages. To learn more about the Section 508 Standards:
• The Access Board maintains information on its website at www.access-board.gov and has a useful guide for web developers at www.access-board.gov/sec508/guide/1194.22.htm;
• The Department of Justice has information about accessible web page design in an April 2000 report to the President. This report is available at www.usdoj.gov/crt/508/report/content.htm, and
• The General Services Administration hosts an online course for web developers interested in accessible web design. This program was developed in conjunction with the Access Board, the Department of Justice, and the Federal Highway Administration and provides an interactive demonstration of how to build accessible web pages. This course is available at www.section508.gov, which also provides information about the Federal government’s initiative to make its electronic and information technology accessible to people with disabilities.
This USDOJ document also lists as a resource, the Web Content Accessibility Guidelines developed by the Web Accessibility Initiative. These guidelines help designers make web pages as accessible as possible to the widest range of users, including users with disabilities. The Web Accessibility Initiative is a subgroup of the World Wide Web Consortium — the same organization that standardizes the programming language followed by all web developers. Information for web developers interested in making their web pages as accessible as possible, including the current version of the Web Content Accessibility Guidelines (and associated check- lists), can be found at www.w3c.org/WAI/Resources. Information about the Web Accessibility Initiative can be found at www.w3c.org/WAI.
The USDOJ document also provides the following suggestions for public entities in order to develop a voluntary action plan: • Establish a policy that your web pages will be accessible and create a process for implementation.
2 — 92 • Ensure that all new and modified web pages and content are accessible: o Check the HTML of all new web pages. Make sure that accessible elements are used, including alt tags, long descriptions, and captions, as needed. o If images are used, including photos, graphics, scanned images, or image maps, make sure to include alt tags and/or long descriptions for each. o If you use online forms and tables, make those elements accessible. o When posting documents on the website, always provide them in HTML or a text-based format (even if you are also providing them in another format, such as Portable Document Format (PDF)). • Develop a plan for making your existing web content more accessible. Describe your plan on an accessible webpage. Encourage input on improvements, including which pages should be given high priority for change. Let citizens know about the standards or guidelines that are being used. Consider making the more popular web pages a priority.
• Ensure that in-house staff and contractors responsible for web page and content development are properly trained.
• Provide a way for visitors to request accessible information or services by posting a telephone number or E-mail address on your home page. Establish procedures to assure a quick response to users with disabilities who are trying to obtain information or services in this way.
• Periodically enlist disability groups to test your pages for ease of use; use this information to increase accessibility.
References
• Educational Resources Information Center, Planning Accessible Conferences and Meetings: An ERIC/ OSEP Information Brief for Conference Planners, on the web at http://ericec.org/digests/e735.html
• Rehabilitation Engineering and Assistive Technology Society of North America, Technical Assistance Project, Arranging Accessible Meetings, on the web at http://www.resna.org/tap/tapbull/tapaug.htm
• Educational Resources Information Center, Planning Accessible Conferences and Meetings: An ERIC/ OSEP Information Brief for Conference Planners, on the web at http://ericec.org/digests/e735.html
• Rehabilitation Engineering and Assistive Technology Society of North America, Technical Assistance Project, Arranging Accessible Meetings, on the web at http://www.resna.org/tap/tapbull/tapaug.htm
• US Department of Justice, “Accessibility of State and Local Government Websites Government Web- sites to People with Disabilities,” on the web at http://www.ada.gov/websites2.htm
2 — 93
ADA/504 Chapter 2
IMPLEMENTATION
I. ROLES AND RESPONSIBILITIES
GOVERNMENT AGENCIES AND THEIR RESPONSIBILITIES WITH RESPECT TO HIGHWAY PROGRAMS AND SERVICES
Federal Government Agencies:
Department of Justice (DOJ): The DOJ is designated as the regulatory and enforcement agency for civil rights legislation.
U.S. Access Board: Under the ADA, the Access Board has developed and continues to maintain design guidelines for accessible buildings and facilities known as the ADA Accessibility Guidelines (ADAAG). ADAAG covers a wide variety of facilities and establishes minimum requirements for new construction and alterations. The Board also enforces the Architectural Barriers Act (ABA) through the receipt of complaints. The ABA requires access to certain facilities designed, built, altered, or leased with Federal funds. Like ADAAG, the Board’s ABA accessibility guidelines apply to new construction and alterations. The Access Board is currently developing the Pedestrian Right-of-Way Accessibility Guidelines, as well as similar guidelines for trails and ferry boats.
U.S. Department of Transportation (DOT): The DOT is the agency designated by the U.S. Department of Justice (DOJ) that oversees compliance of State and local governments to Section 504 and ADA, Title II. The DOT adopted the Americans with Disabilities Act Accessibility Guidelines (ADAAG) as design standards for implementing Section 504 and ADA in designated public transportation, involving transportation by bus, rail or other general public conveyance. 49 CFR 27.3(b) and 23 CFR 37.3, 37.9. USDOT allowed either the ADAAG or the Uniform Federal Accessibility Standards (UFAS) to be the accessibility standard for all other entities provid- ing pedestrian facilities and receiving federal funding under Section 504. 49 CFR 27.3(b). Federal funds cannot be used for projects and programs that discriminate against people with disabilities.
FHWA has compliance and implementing responsibilities for roadways and pedestrian facilities, as well as any program, service or activity that receives Federal financial assistance from FHWA.
National Council on Disability (NCD): The NCD provides recommendations to the President and Congress on overall policy issues affecting persons with disabilities, and reports on a Federal agency’s activities and responsibilities relating to disability compliance.
State Government Agencies:
State Departments of Transportation (or State Highway Departments): State executive agencies that are tasked the planning, design, construction, operation and maintenance of roads, highways and related facilities.
Metropolitan Planning Organizations (MPOs) organizations that perform transportation planning activities for metropolitan areas with a population of 50,000 or more as authorized by 23 CFR 450.316. There are other State and local government agencies who have responsibilities for roads and highways (toll authorities for which ac- cess to activities, programs, facilities, and services must comply with ADA, Title II). If they are Federal-aid recipi- ents they must also comply with Section 504 of the Rehabilitation Act and US DOT 49 CFR regulations. FHWA Federal aid recipients may include local governments, ferry boat operators, transit operators, non-profit
3 — 1 organizations, and other State and local government agencies (a State department of natural resources may receive Federal-aid grants for the Recreational Trails program or a college/university may received research grants from FHWA via the STA).
References: • “Design Guidance: Accompanying Bicycle and Pedestrian Travel: A Recommended Approach, A U.S. DOT Policy Statement on Integrating Bicycling and Walking into Transportation Infrastructure (Federal Highway Administration) • The Americans with Disabilities Act Title II Technical Assistance Manual—(U.S. Department of Justice) • Title II Guide for State and Local Governments, (Adaptive Environments, Inc.)
Federal Highway Administration Compliance And Oversight Responsibilities Under Title II Of The ADA And Section 504
Civil rights laws and implementing regulations extend to every facet of the Federal-aid highway program. This includes the design and construction of highways…from planning to project development, right-of-way, safety, and protecting the human and natural environment. As such, the FHWA has a fundamental responsibility to en- sure that public funds are not spent in any fashion, which encourages, entrenches, subsidizes or results in dis- crimination. As leaders for national mobility and stewards for national highway programs, FHWA has an inher- ent responsibility to ensure that all persons regardless of race, color, national origin, gender, age, disability or religion, share in the benefits of the transportation investments in our highway program.
With regards to nondiscrimination on the basis of disability, FHWA programs and actions must be aimed at providing a fully accessible transportation system and that our State and local partners have accessible programs and services. Each technical discipline within FHWA has some responsibility for ensuring that transportation facilities are planned, designed, constructed, and maintained with accessibility in mind. This is accomplished through stewardship and oversight over all Federal, State, and local governmental agencies that build and maintain highways and roadways, whether or not they use Federal funds on a particular project. FHWA has developed key processes intended to assist transportation practitioners in evaluating the effects of a transportation action on a community, its residents (including persons with disabilities) and their quality of life. Community Impact Assessment (CIA), Context Sensitive Solutions (CSS), Environmental Justice (EJ), and Safe Routes to Schools (SRS) are examples of a few of FHWA’s key programs in which the human environment is strongly considered in shaping the outcome of a project.
FHWA is responsible for preventing discrimination against persons with disabilities through two overlapping duties: (1) oversight of Federal-aid and Federal Lands projects under the Section 504 of the Rehabilitation Act; and (2) oversight of public rights-of-way activities of public entities (that build and maintain highways and road- ways) under Title II of the ADA. Four organizational levels exist within FHWA, with responsibility for administer- ing the Federal-aid/Federal Lands Highway Programs. While each performs unique business functions as iden- tified below, together these units strive to achieve a common mission - to enhance mobility through innovation, leadership and public services.
FHWA Headquarters Responsibilities
• Leadership on Strategic Initiatives • Policy Development • Provide Overall Agency Direction • Issue and Update Regulations/Guidelines/Program Policy & Procedures
The FHWA Headquarters office provides leadership and agency direction in the way of policies, regulations, guidelines and procedures. Responsibility for ADA implementation/enforcement does not solely rest with the Office of Civil Rights. The Office of Infrastructure, and to a lesser degree, the Offices of Planning, Environment,
3 — 2 Right-of-Way, and Safety, also play a role in making our transportation system accessible. Each program office should incorporate accessibility requirements/considerations into their respective regulations/policies (as appli- cable) and ensure consistent implementation by FHWA field offices. Each program office is also responsible for ensuring that its guidelines/procedures are kept up-to-date.
FHWA Resource Center Responsibilities
• Provide Technical Assistance • Identify & Share Best Practices (Technology Deployment) • Develop and Conduct Specialized Training • Aid Headquarters in Conducting Investigations & Compliance Activities
The Resource Center staff are regarded as experts in their respective technical fields. They are responsible for providing technical assistance and training (as requested by FHWA Divisions and State DOTs), and for sharing and identifying state-of-the-art best practices/new technology. They are responsible for providing outreach, education, technical assistance and training in consultation with FHWA Headquarters Office of Civil Rights. Each staff member in a technical discipline must possess adequate knowledge of FHWA responsibilities under Section 504/ADA, and apply that knowledge, as appropriate, in respective program activities (i.e., technical assistance and training). The Resource Center Civil Rights staff are called upon, as needed, to assist the FHWA Headquarters Civil Rights Office in Section 504/ADA complaint investigations and compliance reviews.
FHWA Federal-aid Division Office Responsibilities
• Provide Front-line Program Delivery • Provide Technical Assistance • Approval Authority for State Program Activities • Oversight & Enforcement • Aid HQ in Conducting Investigations & Compliance Activities
The Division Offices are responsible for providing front-line program delivery within their respective State. The Division provides technical assistance and has approval, oversight and enforcement authority for many State program/project activities associated with the Federal-aid program. Accordingly, the Divisions must work with their State and local partners to ensure (1) appropriate accessibility features are incorporated into transportation facilities, and (2) associated programs and activities are conducted in a manner that removes barriers/does not present barriers to persons with disabilities. Division Office staff achieve ADA/504 compliance in three ways: 1) program oversight; 2) project oversight; and 3) complaint investigation and resolution.
Federal Lands Highway Divisions Responsibilities
• Administer the Federal Lands Highway Program • Provide Highway Engineering & Construction-Related Services to Government Agencies, FHWA offices, and foreign countries • Training Ground for New FHWA Trainees & for Testing/Evaluating New Technologies
The FHWA Federal Lands Highway Office (HFL-1) through cooperative agreements with Federal land managing agencies administers a coordinated Federal Lands Highway Program (FLHP), including program coordination, planning and engineering studies, survey, design, construction and rehabilitation of the highways and bridges providing access to federally owned lands. The FLHP, as an adjunct to the Federal-Aid Highway Program provides funding for more than 90,000 miles of federally owned and public authority-owned roads, which serve Federal lands. The primary purpose of the FLHP is to provide funding for a coordinated program of public roads that serve the transportation needs of the Federal lands which are not a State or local government responsibility.
3 — 3 The FLHP is administered through partnerships and interagency agreements among the FHWA, Bureau of In- dian Affairs, U.S. Forest Service, National Park Service, and the U.S. Fish and Wildlife Service. Interagency agreements have been developed between the FHWA and the partner agencies for these programs. These agreements cover the standard procedures for coordinating the respective programs. Agreements for these and other FLH programs are accessible through the Electronic Centralized Agreement Library (E-CAL).
The FLHP program contains five categories funded under the Highway Trust Fund: • Indian Reservation Roads (25 CFR Part 170) • Park Roads and Parkways (23 CFR 204) • Forest Highways (23 CFR 204) • Public Lands Highways (23 CFR 204) • Refuge Roads (23 CFR 204)
The FLHP statutory provisions are contained in 23 United States Code, Sections 201 through 204, primarily Sec- tion 204. The FLHP regulations for Forest Highway, Indian Reservation Roads, and Defense Access Highways are in 23 CFR Part 660 – Special Programs (Direct Federal).
There are other highway programs in addition to the FLHP that are administered by FLH: • Defense Access Highways (23 USC Section 210) • Emergency Relief for Federally-owned Roads (23 USC Section 125) • Special FHWA funded projects serving Federal and Tribal lands (various legislation) • Special Federal Agency, State and local funded projects (23 USC Section 308) • Technical assistance to Territorial Governments (23 USC Section 215) • International assistance
In addition to the above programs, the FLH also provides transportation-related technical assistance and expertise to FHWA offices and other agencies as requested. FLH projects provide an excellent opportunity for training FHWA staff and for testing, evaluating, and implementing new technologies.
For administration of funding for projects that are on roads owned by State or local public road agencies, as typically the case for the Forest Highways, Public Lands Highways and Defense Access Highways, the FLH has responsibility to fully implement the Section 504/ADA guidelines, which are specifically applicable to these State and local public entities. For administration of funding for projects that are federally owned, such as Park Roads and Parkways, Refuge Roads, and Indian Reservation Roads, the ADA guidelines by law do not strictly apply to such Federal entities. However, FLH practice is to fully implement the ADA guidelines on all FLH projects for consistency. FLH practice is to incorporate accessibility features on all projects, where applicable, in confor- mance with ADAAG or UFAS, AASHTO Green Book and MUTCD, and only incorporate into FLH projects those design standards and specifications that meet or exceed accessibility standards. Also, FLH is responsible to comply with all Section 504/ADA guidelines applicable to the FHWA’s own respective governmental activities, such as FHWA internal personnel policies, operational procedures and Federal acquisition and contract authorities.
Indian Reservation Roads
Design Guidance
For IRR program see FAPG Non-regulatory Non-CFR-Related Guidance G 6090.17; specifically (b) The BIA will accomplish the preparation of the PS&E in accordance with the following policies and procedures: (1) Projects will be designed in accordance with standards, specifications, policies, and guides prescribed in 23 CFR, Part 625, Design Standards for Highways, or the approved BIA Road Location and Design Hand book, as applicable. Careful consideration should be given to location, alignment, and design on new low-volume type roads so the initial investment will not be lost if it becomes necessary at a later date to improve the road to higher standards. The BIA is responsible for submitting the BIA Road Location and Design Handbook to the FHWA for review and approval. Also see Final Rule for 25 CFR Part 170 3 — 4 Park Roads and Parkways
The MOU with the National Park Service (NPS) establishes procedures for administration of the park road and parkway program. The FHWA has the responsibility for program oversight and will provide engineering, plan- ning, design, and construction services through the Federal Lands Highway Divisions. The NPS is responsible for the transportation planning and environmental process including protection of park values. The NPS and FHWA jointly determine respective responsibility for execution of the approved program. FHWA is available to perform planning assistance, research, engineering studies, traffic engineering services, project development, and construction contract administration. The FHWA ensures that the performance of the work generally con- forms with similar established policies of 23 U.S.C. 204. The NPS is responsible for providing architectural and landscape architectural services to ensure that the highest standards of aesthetics and resource protection are followed in the placement of road prisms and the design of structures appurtenant to park roads and parkways.
Based upon the NPS's approved program of projects, NPS and FHWA jointly agree on a division of program responsibility and share the supervision for carrying out the projects.
For those activities and projects NPS requests FHWA to undertake, the FHWA performs planning and engineer- ing studies, inventories, investigations, reconnaissance surveys, or other studies with the participation of the NPS and submits them to NPS for review and concurrence. FLH also prepares plans, specifications, and cost estimates, (PS&E) which are submitted for approval to the NPS, who retains basic responsibility for all projects, including preliminary and final design approval. FHWA and NPS collaborate and cooperate to assure that the plans and specifications conform to park management plans and accommodate NPS aesthetic and environ- mental and cultural resource protection considerations for the particular park or proposal. The NPS is the lead agency responsible for the preparation of environmental documents for proposed projects, including the public notification and involvement process, with FHWA participating as a cooperating agency. As determined appro- priate on a project-by-project basis, NEPA documents are subject to coordination and review by FHWA.
See FAPG Non-regulatory Non-CFR-Related Guidance G 6090.13 ; specifically (b) Design standards: Highway projects shall be designed in accordance with standards prescribed in 23 CFR, Part 625. Standards other than those prescribed in 23 CFR, Part 625, are acceptable when such standards have been developed by the client agency to meet the requirements of 23 CFR Chapter II, Part 1230 or have been agreed upon by interagency agreement. In addition, when the client agency requests deviations from standards, for routes traversing scenic areas or primarily serving recreation traffic or low traffic volumes or when necessary to preserve aesthetic fea- tures, full consideration should be given to these requests. The Division Engineer shall, however, invite attention of the responsible officials of that agency to any design features which he/she considers to be inconsistent with the needs as indicated by safety and anticipated traffic requirements.
Forest Highways and Public Lands Highways See 23 CFR Part 660 For Design Guidance see 23 CFR Part 625
Refuge Roads See Refuge Roads
References
FHWA’s External Complaint Processing Procedures
3 — 5 State Transportation Agencies Role in ADA/504
With respect to Title II ADA, virtually all STAs in the United States (as defined in the Definitions section of the Desk Reference) fall within the regulatory definition of Title II of the ADA for “public entity” (28 CFR 35.104) which means: “1) Any State or local government; 2) Any department, agency, special purpose district, or other instrumentality of a State or States or local government..” This includes STAs, (as defined in the Definitions sec- tion of the Desk Reference), MPOs, county and municipal departments of transportation, toll road/bridge/tunnel authorities, airport authorities, transit agencies and sea/river port authorities (which in some locations build, own, operate and maintain roads and highways). Accordingly, all regulatory requirements of Title II ADA applies to these entities regardless of whether or not the STA receives Federal financial assistance from FHWA.
With respect to Section 504, those STAs that receive Federal Financial Assistance from FHWA must also com- ply with Section 504, in addition to Title II ADA. Unlike other FHWA programs, where FHWA oversight authority and compliance responsibilities are limited to activities that receive Federal funds (the Disadvantaged Business Enterprise program, Federal-aid construction projects) or are limited by other means (whether a project is on the National Highway System), the regulatory requirements of Section 504 apply to all programs, services, activities and projects of the STA, whether or not Federal Financial Assistance is used for the specific program, service, benefit, activity or project. For example, a resurfacing project of a State highway with pedestrian facilities that is paid for with STA funds only and not FHWA Federal aid must comply with both Title II ADA and Section 504. This is due to the Civil Rights Restoration Act of 1987, which clarified the intent of Congress to include all programs and activities of Federal-aid recipients, sub-recipients and contractors. This statute clarified the intent of Congress as it relates to the scope of Title VI of the Civil Rights Act of 1964 and related nondiscrimination statutes. This legislation remedied the Supreme Court's decision in the case of Grove City College v. Bell, 465 U.S. 555 (1984), which limited the reach of Federal agency nondiscrimination requirements to those parts of a recipient's operation that directly benefited from Federal assistance.
With respect to sub-recipients, if a STA extends Federal aid and distributes such aid to a STA or another governmental entity, all of the operations of the entity which distribute the funds and all of the operations of the department or agency to which the funds are distributed are covered. Even corporations, partnerships, or other private organizations or sole proprietorships are covered in their entirety if such an entity receives Federal financial assistance which is extended to it as a whole or if it is principally engaged in certain types of activities. “Federal Financial Assistance” constitutes, and is limited to the following: a grant, loan, contract (other than a procurement contract or a contract of insurance or guaranty) in the form of: (a) Funds; (b) Services of Federal personnel; or (c) Real or personal property or any interest in, or use of such property (please refer to the Definitions section for a more detailed definition). However, according to USDOJ’s Title VI Compliance Manual, the following are not considered Federal Financial Assistance:
• Licenses (FCC TV/Radio Station License) • Statutes or Regulations (Title VI) • Federally owned and operated programs (Air Traffic Control, National Parks) • Insurance (FDIC, SBA insured loans) • Federal Procurement Contracts • Direct aid to “ultimate beneficiaries” (SSI, Food Stamps)
It must also be noted that beneficiaries, within the meaning of the Section 504 regulatory definition of “recipient,” who are ultimate beneficiaries of a program, service, benefit, activity or project of the recipient, do not have a compliance obligation under Section 504.
Example: In the context of a reconstruction or resurfacing of an Interstate highway that is located within a municipality, the municipality where the altered section of Interstate is located, as well as the motorists who use it, would be a beneficiary of the STA’s program, the provision of an Interstate highway. Both the municipality and the motorists did not receive Federal Financial Assistance, but do use or benefit from the program or service of the STA or the Interstate highway. However, if the municipality received a Transportation Enhancement grant
3 — 6 from the STA to construct or rehabilitate a transportation facility, the municipality becomes a sub-recipient of the STA and the requirements of Section 504 would apply not only to that facility but to all highway transportation programs, services and activities of the municipality.
ADA/504 Compliance Matrix
The table below delineates which entity has responsibility over roads, highways and pedestrian right-of-way facilities and the law/regulations with which the entity must comply. When an entity must comply with Section 504 and ADA, it must choose compliance standards and methods of accessibility that provide the highest level of accessibility.
Institutions Section 504 ADA
STA Recipients (STAs) and X X their Subrecipients (MPOs)
Local Governments that DO X X receive FHWA Funds
Local Governments that DO X NOT receive FHWA funds
3 — 7
3 — 8 ADA/504 Chapter 2
IMPLEMENTATION
II. DOCUMENTATION
Essential Documents
Detailed below is a list of documents that the STAs must have either to comply with the requirements of Title II ADA and Section 504, or to operate an effective ADA/504 Program. These documents must be provided upon request to FHWA. These documents may prove useful when conducting compliance, process or program reviews or when conducting a program evaluation using the Technical Assistance Tool contained in this Desk Reference or the Handbook.
General A copy of any process, program or compliance review conducted by the STA and/or FHWA that reviewed any ADA/504 matter or issue.
Assurance ADA/504 Policy • A copy of the STA’s written assurance to FHWA that it will comply with Section 504 and not discriminate on the basis of disability in its programs, services and activities in compliance with Section 504.
• A document that contains language that will appear in contracts made with sub-recipients, in which the sub-recipient agrees that it will not discriminate on the basis of disability and that it will comply with Section 504.
• A copy of any signed contract that contains the STA’s written assurance to FHWA and the sub-recipients assurance to the STA.
• A copy of the STA’s ADA/504 policy, if available.
• A list of STA documents where the written assurance appears or planned to be inserted.
• One copy of each publication in which the Assurance and/or the ADA/504 policy appears.
ADA/504 Coordinator • A document that contains the name, office address, office phone number, office e-mail address of the STA’s ADA/504 Coordinator. The document should also denote if the ADA/504 Coordinator is a full-time position or if the individual has another job title and the ADA/504 Coordinator duties are collateral or secondary in nature. Also provide the name and Title of the STA official to whom the ADA/504 Coordinator reports. If there is more than one ADA/504 Coordinator, provide the information detailed above for those individuals as well.
• A list of the ADA/504 Coordinator’s duties.
• A list of the alternative formats in which the ADA/504 Coordinator information is made known to those with visual and hearing impairments.
• Copy of each format in which ADA/504 Coordinator information is made known to those with visual and hearing impairments.
3 — 9 Public Notice of Non-Discrimination • The STA’s Notice of Nondiscrimination, which must inform the public that the STA will not discriminate on the basis of disability in its programs, services and activities in compliance with Section 504 and Title II ADA.
• A list of STA publications where the Notice of Nondiscrimination appears or planned to be inserted.
• One copy of each publication in which the Notice of Nondiscrimination appears.
Grievance Procedures • A copy of the STA’s internal grievance procedure that allows for quick and prompt solutions for any complaints based on alleged noncompliance with ADA/504 (this can be a general STA external complaint procedure of a specific ADA/504 grievance procedure).
• The STA’s list or database of its ADA/504 complaints, going back five years. This list should denote the following: Complainant, respondent, allegations, issues, when the complaint was received, when the complaint was concluded and how it was concluded.
• A copy of the complaint form used to file a complaint under the ADA/504 grievance procedure.
• A list of the names, job titles, office address, office phone numbers and office e-mail address of each STA ADA/504 complaint grievance investigator.
Self-Evaluation • A copy of the STA’s self-evaluation of its current services, policies, and practices, and the effects thereof, to determine necessary modifications to achieve program accessibility. This includes the initial self-evaluation as well as any subsequent updated.
• A list of individuals who developed the self-evaluation, if not listed in the self-evaluation.
• Copies of any comments received from interested individuals while the self-evaluation was being developed.
Transition Plan • A copy of the STA’s transition plan that outlines which structural modifications must be made to those programs and services that are not accessible. This includes not only the initial transition plan, but any updates, changes or amendments to the transition plan.
• A copy of the STA’s curb ramp installation schedule as part of the transition plan for pedestrian facilities it owns, operates and/or maintains.
• A list of individuals who developed the transition plan, if not listed in the transition plan.
• A list of interested persons outside the STA, including individuals with disabilities or organizations representing individuals with disabilities, who participated in the transition plan process by submitting comments.
• Copies of the written comments regarding the transition plan provided to the STA.
• A copy of the Statewide Transportation Improvement Plan (STIP) (pertinent sections at a minimum), Metropolitan Planning Organization (MPO) Transportation Improvement Plan (if applicable) and the STA’s Bicycle/Pedestrian plan.
3 — 10 Program and Facility Accessibility (Buildings, Multi-Modal Transportation Facilities and Other Facilities) • A copy of the STA’s policy for providing accessibility to its programs, services, benefits and activities (other than for communications/auxiliary aids and physical accessibility of buildings and pedestrian rights-of-way).
• A copy of the STA’s policy with respect to choice of using the ADA Accessibility Guidelines (ADAAG) or the Uniform Federal Accessibility Standards (UFAS) or another standard (a state accessibility code) when constructing new buildings or when altering existing buildings.
• A copy of the STA’s policy for making undue burden determinations due to financial and administrative reasons when providing accessible programs, services, benefits and activities, as well as for alterations to historical properties (including pedestrian facilities and communications/auxiliary aids).
• The form or document used by the STA to document undue burden determinations.
• A copy of the STA’s policy for making technical infeasibility or structurally impracticability determinations when undergoing new construction or altering existing facilities.
• The form or document used by the STA to document technical infeasibility or structural impracticability determinations.
• A copy of the STA’s policy for accessible rescue assistance devices and services.
Accessibility of Pedestrian Rights-of-Way Facilities (PROW) • A copy of the STA’s policy with respect to choice of using the ADAAG or the UFAS or another standard (a State accessibility code) when constructing new pedestrian facilities or when altering existing pedestrian facilities.
• A copy of State law or statute and/or STA policy for legal crosswalks and pedestrian routes (i.e. can pedestrians walk legally on a shoulder?).
• A copy of State law or statute and/or STA policy for maintenance or jurisdictional agreements with another entity (local government) to operate and maintain pedestrian facilities in the STA’s right-of-way.
• A copy of the STA’s standard specifications and drawings for curb ramps, detectable warnings and other pedestrian facilities.
• A copy of the STA’s policy and procedure for processing citizen requests for the installation of pedestrian facilities.
• A copy of the STA’s policies and procedures for its local aid program (to counties and municipalities).
• A copy of the STA’s policies and procedures for its Transportation Enhancement program (to counties and municipalities).
• A copy of the STA’s policy for making technical infeasibility or structurally impracticability determinations when constructing new pedestrian facilities or altering existing pedestrian facilities.
• The form or document used by the STA to document technical infeasibility or structurally impracticability determinations for pedestrian facilities.
3 — 11
• The STA’s current practices and stated policy and procedure for providing and maintaining the following accessible pedestrian facilities for newly constructed and altered pedestrian facilities:
o Curb ramps and detectable warnings o Sidewalks o Accessible pedestrian signal (APS) systems o Alternative pedestrian access routes in construction areas o Pedestrian facilities at roundabouts o Accessible highway underpasses, overpasses and ramps in compliance with 49 CFR 27.75 o Trails o Passenger vessel/ferry boats
Effective Communication/Auxiliary Aids
• The STA’s policies and procedures for providing auxiliary aids to STA program participants with visual, hearing and cognitive impairments
• A list of auxiliary aids that the STA currently provides
• A copy of a public meeting notice which contains a statement that accommodations and auxiliary aids will be provided
• A copy of the STA’s auxiliary aids/accommodations request form
• Copies of STA auxiliary aids requests going back five years
• The STA’s TDD/TTY phone numbers
• Copies of STA publications where the TDD/TTY numbers appears
3 — 12 ADA/504 Chapter 2
IMPLEMENTATION
III. ADA Program: Minimum Requirements
Notice of Nondiscrimination Requirements
Both the Title II ADA and Section 504 regulations provide requirements for STAs to inform the general public of its obligation to comply with these regulations. (28 CFR § 35.106 and 49 CFR § 27.15). These regulations require that recipients notify STA program participants and applicants that they do not discriminate on the basis of disability in the admission to, or provision of its programs, services and activities. Many entities who must comply with these requirements in sectors outside of transportation have developed “Notices of Nondiscrimina- tion” that incorporate all the notice requirements of ADA and Section 504. The Notice of Nondiscrimination is not to be confused with the “assurances” statements that are provided by STAs as stated above or in Title VI plans, bid notices and in Federal-aid construction contracts via FHWA Form-1273 “Required Contract Provisions Federal-aid Construction Contracts.” The assurances and statements provided in these documents are methods that the STAs must use to confirm to FHWA that by receiving Federal aid, they will not discriminate under the applicable civil rights laws and regulations and failure either to include these statements or abide by their intent would result in non-compliance, or result in a breach of contract. The Notice of Nondiscrimination is a required method of informing the general public that the STA will not discriminate on the basis of disability with respect to its programs, services and activities. The Notice of Nondiscrimination also has broader dissemination than the assurances or nondiscrimination statements required under other FHWA civil rights regulations.
Notice Requirements Title II ADA Section 504
A statement that STA prohibits Yes Yes (However, the ADA discrimination on the basis of requirements are less specific disability in the provision of or with respect to specific admission to its programs, services language; the ADA preamble and activities (statement of provides more guidance). nondiscrimination) Designate an employee Yes Yes responsible for compliance with the regulation (coordinator)
No (Section 504 only requires that the notice Inform the public of the name, Yes (but not required to be contain the identity of the title, office address, and phone included in a statement of individual designated number of the coordinator nondiscrimination) as the Section 504 Coordinator) Statement of nondiscrimination Yes is included in recruitment materials No (However, the preamble or publications containing general suggests that the public entity information that it makes available use these methods of to participants, beneficiaries, dissemination) applicants, or employees.
3 — 13 While both Title II ADA and Section 504 have notice requirements, they are similar, but not identical in nature. There are minor differences between the regulations relating to the required content of recipient notices of non- discrimination and how the notice is disseminated. Despite these differences, we recommend that recipients and public entities develop a universal Notice of Nondiscrimination based on the model statement provided in Appendix 4—D to ensure compliance with the regulations and also to provide easier access to information for program participants. The table on 3—13 delineates the notice requires of the Title II ADA and Section 504 regulations.
As indicated above, the Title II regulation requires that a public entity generally make information regarding the provisions of Title II available to applicants, participants and other interested persons(28 CFR §35.106). The Title II regulation also requires public entities to advise the public of the name, work address and work telephone number of the individual designated as the ADA Coordinator. However, the Title II regulation does not specify the methods to be used by recipients in publishing notices of nondiscrimination (The Title II ADA preamble sug- gests that the public entity use these methods of dissemination). The USDOT Section 504 regulations contain more detailed requirements that specify the information that must be included in a notice of nondiscrimination. These regulations specify program participants and beneficiaries to include “those with impaired vision or hear- ing, and unions or professional organizations holding collective bargaining or professional agreements with the recipient.” The Section 504 regulation requires that a recipient of Federal Financial Assistance from FHWA must implement appropriate, continuing steps to notify STA program and service participants and beneficiaries that the recipient does not discriminate on the basis of disability in violation of the statute and regulation. The em- ployee designated to coordinate compliance with Section 504 regulations must be identified in the notification.
The Notice of Nondiscrimination notice should contain two basic elements: (1) a statement of nondiscrimination that specifies the basis for non-discrimination with respect to ADA and Section 504; and (2) identification by name or title, address, and telephone number of the employee or employees responsible for coordinating the compliance efforts for both regulations. The regulations do not require that a recipient identify the pertinent regulations by title. Since STAs also have a responsibility to comply with Title I (Employment), it is prudent to reference “ADA” instead of a specific Title of the ADA in the Notice of Nondiscrimination. The Section 504 regu- lation does not require a recipient to include the address or telephone number of the responsible employee as- signed to coordinate its compliance efforts. However, identifying the responsible employee without information on how to contact that person does not constitute an effective notice. An acceptable nondiscrimination notice should provide information on how to contact the responsible employee. While not specifically required by the ADA or Section 504 regulation, it would be beneficial to provide the ADA/504 Coordinator’s e-mail address in the Notice of Nondiscrimination to facilitate communication between STA program participants and the ADA/504 Coordinator (the regulations were promulgated prior to the widespread use of e-mail).
Compliance with the notification requirements of Section 504 will also generally satisfy the notification requirements of Title II for State and local governments.
If the person leaves the ADA/504 Coordinator position or if the STA decides to assign that responsibility to another individual, the STA at a minimum must update and revise the Notice of Nondiscrimination when it updates the publications that include the Notice of Nondiscrimination. The STA can insert the Notice of Nondiscrimination in current publications that are not being updated or reprinted via decal or other method. Actual methods of notification are detailed below.
Methods of Notification of Nondiscrimination Requirements
In accordance with Section 504 regulations 49 CFR § 27.15(a), the STA may opt to post the Notice of Nondiscrimination in local newspapers and magazines in the State MPO area or locality it serves. However, the Section 504 regulation at 49 CFR § 27.15(b) states that STAs must include the Notice of Nondiscrimination in any bulletins, announcements, handbooks, pamphlets, brochures, recruitment materials application forms, or any other publication that are made available to its program participants, applicants, or employees. As noted above and in the Section 504 regulation STAs may meet this requirement either by including appropriate inserts in existing materials and publications or by revising and reprinting the materials and publications. According to
3 — 14 The Title II Action Guide (Adaptive Environments, Inc.) and the Compliance with the Americans with Disabilities Act: A Self-Evaluation Guide for Public Elementary and Secondary Schools (United States Department of Education – Office for Civil Rights). The following is a list of methods of providing this notice:
• The public at large: newspaper legal notice, flyers posted at all facilities, radio and/or captioned television announcements, and accessible websites. The U.S. Department of Justice provides Website Accessibility Guidelines, and resources for website accessibility at: http://www.usdoj.gov/ crt/ada/websites2.htm. Those guidelines are discussed in the Auxiliary Aids section of the Desk Reference.
• Prospective Employees: insert in job applications, newspaper ads, posted advertisements, posted vacancy notices.
• Current Employees: accessible intranet sites, new employee orientation documents, regular mail- ings to employees, posting at work sites, postings in lounges, faculty rooms, and dining areas, per- sonnel manual, and training documents.
• Contractors and Vendors: Nondiscrimination notifications should be included in all contracts, pur- chase order forms, and agreements.
With respect to STAs the notice should appear in addition to the above, in publications such as STA-issued road maps, environmental assessments, environmental impact statements, affirmative action plans, brochures that explain program services and benefits such as public involvement, right-of-way, planning and construction. The notice should be displayed prominently in public areas such as the lobbies of STA buildings, at highway rest areas, at public meetings or public information centers set up for public involvement activities connected to high- way projects (the Notice of Nondiscrimination can be announced by the hearing officer). The notice should also be posted on the STAs website. While not specifically required by the ADA or Section 504 regulation, it would be beneficial to embed the ADA/504 Coordinator’s e-mail address in the Notice of Nondiscrimination to facilitate communication between STA program participants and the ADA/504 Coordinator.
Self-Evaluation
The Title II ADA regulation at 28 CFR § 35.105 and Section 504 regulation at 49 CFR § 27.11(c)(2)(i)(ii) provide that all recipients and public entities, regardless of size, must conduct a self-evaluation. The self-evaluation is a comprehensive review of the public entity's current policies, services, communications and practices, as well as analyzing how they affect persons with disabilities. Through the self-evaluation, the public entity must: 1) identify any policies or practices that do not comply with the regulations and 2) modify policies and practices to bring them into compliance. The Title II ADA regulation at 28 CFR § 35.105 provides that a public entity must evalua- tion its current services, policies, and practices, and the effects of implementation that do not or may not meet the requirements of the ADA and, to the extent modifications of any such services, policies, and practices, are required, the public entity shall proceed to make the necessary modifications. The scope of the review includes not only formal written policies and procedures but also actual operating practices [28 CFR § 35.105(a)]. In order to review what is actually done, as well as what is on paper as policy, it is important to involve not only adminis- trators and senior managers but also program staff and participants. The entity must analyze the impact on per- sons with disabilities, recognizing that adverse effects are often inadvertent.
The Title II self-evaluation should have been completed by January 26, 1993 [28 C.F.R. § 35.105(a)], although recipients of Federal financial assistance have been responsible for compliance with Title II since January 26, 1992. Therefore, if discriminatory policies or practices are identified during the review process, they should be modified immediately. The Section 504 regulation at 49 CFR § 27.11(c)(2)(i)(ii) provides that recipients were to have completed the self-evaluation within 180 of the effective date of 49 CFR 27.
3 — 15 Both regulations require that recipients provide an opportunity for interested persons, including individuals with disabilities or organizations representing individuals with disabilities, to participate in the self-evaluation by submitting comments [28 CFR § 35.105(b)]. Recipients must maintain the self-evaluation on file and make it available for public inspection for at least three years from the date the self-evaluation was completed [28 CFR § 35.105(c) and 49 CFR § 27.11(c)(3)]. It is the responsibility of the ADA/504 Coordinator to main- tain required information in a form that will facilitate a prompt response to requests. Records kept must identify individuals who participated directly or indirectly in the review, the areas examined, whatever problems were discovered, and the corrections made as a result of the self-evaluation process [28 CFR § 35.105(c)].
Under Title II ADA at 28 CFR §35.105(d), if the STA has conducted a self-evaluation as required by Section 504, prior to the promulgation of the Title II ADA regulations in 1992, the STA is required to review only those programs established since the Section 504 self-evaluation was conducted, and new or modified policies or practices that were not included in an earlier self-evaluation. This differs from the Section 504 regulation at 49 CFR § 27.11(c) (2)(v), which requires recipients to establish a system for periodically reviewing and updating the self-evaluation. However, because most Section 504 self-evaluations were done years ago, many agencies reexamined all of their policies and programs with the enactment of the ADA. Programs and functions may have changed, and actions that were supposed to have been taken to comply with Section 504 may not have been fully implemented or may no longer be effective. (A glaring example of such an area of change is the entire realm of computers, now a significant part of nearly every aspect of services and programs.)
If a STA has not completed its Section 504 or ADA self-evaluation or made the necessary modifications to policies and procedures, it is recommended that it do so as quickly as possible. A sound practice is to implement a system of self-evaluation annually, biannually, and/or triennially, as part of the Title VI Equal Employment Opportunity Assurances to US DOT. Agencies that have met their deadlines are recommended to establish and maintain self-evaluation systems to provide on-going compliance reviews. Programs change, personnel leave, and technology improves, all necessitating a system of monitoring and transitioning. Each agency should identify the functional program areas that deliver services, programs and activities. In order to be most effective, the ADA/504 coordinator should utilize an interdisciplinary approach, whereby ADA/504 Liaisons are designated in each of the respective discipline areas(such as Planning, Right-of-way, Construction, Design, etc.) to bring their knowledge/expertise to the table on geometric design, construction tolerances, etc. It is very important that the planning, design, and construction, etc. staff be intimately involved/familiar with the agencies responsibilities and development of self-assessment, transition plan, policies and procedures, and that they take an active role to ensure that these responsibilities are ultimately carried out. This liaison is provided with the proper training, any technical assistance needed, and will be responsible for ensuring compliance with Section 504/ADA in their respective program areas. Each functional area needs a method of self-evaluation that is reported to the designated ADA Coordinator. For example:
• Facilities Services Section 504/ADA Liaison manages a process that reviews facilities annually for deficien- cies, with ADA accessibility reviewed specifically. This allows for regional planners to submit facility work requests to obtain funding and provide corrections to ADA deficiencies that have become apparent since the ADA Transition Plan was developed. Reviews and facility improvements are reported to the agency ADA Coordinator annually.
• Design Program Section 504/ADA Liaison reported a Design Manual Supplement established to address ADA accessible facilities in all projects, including preservation projects, and add detectable warning surfaces to all sidewalk ramps or trail crossings, regardless of the jurisdictional responsibility for the facilities. (See attachment titled, “Addressing ADA Accessible Facilities on Read, Street, and Highway Projects.”)
3 — 16 Transition Plan
Recipients with 15 or more employees and public entities with 50 or more employees under Section 504 and ADA at 49 CFR § 27.11(c)(2)(iii)(iv)(v) & 28 CFR §35.150(d) respectively, are required to develop a transition plan when structural changes to existing facilities are necessary in order to make a program, service, or activity accessible to people with disabilities. Title II ADA public entities were required to de- velop the transition plan by July 26, 1992, with the removal of all physical barriers identified in the Plan must be completed as expeditiously as possible, but, in any event, by January 26, 1995.
Interested persons, including individuals with disabilities or organizations representing individuals with disabili- ties, are required to be provided an opportunity to comment on the transition plan. The plan must also be made available for public inspection for a period of three years.
The regulations require that, at a minimum, the transition plan: • identify physical obstacles in facilities that limit the accessibility of the public entity's programs, services, or activities to people with disabilities, • describe in detail the methods the entity will use to make the facilities accessible; • provide a schedule for making the access modifications; • provide a yearly schedule for making the modifications if the transition plan is more than one year long; and • indicate the name of the official who is responsible for implementing the transition plan.
Recipients and public entities, including STAs, must provide an opportunity to interested persons, including individuals with disabilities or organizations representing individuals with disabilities, to participate in the devel- opment of the transition plan by submitting comments. A copy of the transition plan must be made available for public inspection.
Title II of the ADA at 28 CFR § 35.150(d)(2) provides that, if a public entity has responsibility or authority over streets, roads, or walkways, its transition plan shall include a schedule for providing curb ramps or other sloped areas where pedestrian walks cross curbs, giving priority to walkways serving entities covered by the ADA, including State and local government offices and facilities, transportation, places of public accommodation, and employers, followed by walkways serving other areas. For STAs, the transition plan covers both their buildings as well as pedestrian facilities in the right-of-way.
The Title II transition plan is required for programs and policies that were not previously included in a Section 504 transition plan [28 CFR § 35.150(d)(4)]. However, agencies that are covered under Section 504 are not shielded from obligations under that statute, such as deadlines for making structural modifications, merely because they have met the Title II transition plan requirements.
Title II of the ADA does not require the submission of transition plans to FHWA, nor does the regulation require that FHWA approve transition plans. However, FHWA can request that a recipient or public entity submit its transition plan as necessary for program or project oversight activities, as well as complaint investigations [49 CFR § 27.121] .
Because a STA may have jurisdiction over roads and highways, the transition plan must cover both its buildings and pedestrian rights-of-way and any other type of transportation facility the STA owns, operates or maintains. In developing transition plans, STAs must include all facilities that have been found to require structural modifications to achieve accessibility to it programs.
3 — 17 Action Steps for Transition Plan
Notwithstanding regulatory requirements, recipients’/public entities’ transition plans should reflect careful and thorough analysis of their facilities that require alteration using a wide range of information from a variety of sources. The action plan should be executed as follows:
1) Identify staff and/or consultants to review each facility for compliance. The ADA/504 Coordinator should be the lead staff member in the development and implementation of the transition plan so that efforts to achieve and maintain accessibility can be effectively coordinated throughout the STA and so that there is balance in the transition plan between STA programs and services, buildings and facilities, as well as pedes- trian right-of-way facilities. The STA should form an ADA/504 advisory group or task force that will assist the ADA/504 coordinator in the development and implementation of the transition plan. The recipient/public entity can retain a consultant to also assist with the transition plan.
2) Establish the public involvement process by which the disability community and others will participate. The advisory group/task force should also include private citizens or representatives of other agencies with various forms of disabilities, or who will be impacted by the transition plan to make sure all needs are considered. The transition plan should reflect this input.
3) Identify all facilities used by each of the recipients’/public entities’ programs and services. With respect to pedestrian right-of-way facilities in particular, include an inventory and/or map of streets, sidewalks, inter- sections that would need to be made accessible.
4) Map out the usage and specialized features of each facility. This includes walkways and approaches to each facility from parking lots, bus stops, and other transportation; doors and entrances, restrooms, vertical access (elevators and stairways), drinking fountains, play and picnic areas in parks, etc.
5) Choose a survey “tool” or list of standards. This must include evaluating for access by wheelchair users and other mobility-impaired people who would require the use of curb ramps. The recipient can also evalu- ate for access for visually, hearing and cognitively impaired people, if the transition plan also incorporates sidewalks, Accessible Pedestrian Signals or other pedestrian facilities besides curb ramps.
6) Incorporate the recipients’/public entities’ capital improvement plans since new construction and planned alterations to pedestrian facilities may result in the incorporation of accessible features more easily and less expensively.
7) Identify funding and timelines. Except for the regulatory requirement of completing the transition plan by 1995, the recipients/public entities can set the timeline for installing accessible features as well as budget.
Elements of a Transition Plan
FHWA has identified the following elements that contribute to a comprehensive transition plan:
• The name, title, office address and phone number of the recipient/public entity official responsi- ble for the coordination, development and implementation of the transition plan. If there is an advisory committee/task force, the names and titles of those individuals should be listed as well.
• A schedule or work plan that lists the steps to be taken to develop and implement the transition plan.
• An Inventory of buildings, facilities and pedestrian right-of-way locations (streets, intersections) to be made accessible; 1. Identify the type of modification required to achieve accessibility, such as curb ramps (it may be desirable to have separate curb ramp, sidewalk construction/repair or APS installation schedules).
3 — 18
• Prioritize of locations to be modified in the following order: 1. State and local government offices and facilities (city hall, schools) 2. Location of government services and transit facilities (bus stops, train stations) 3. Locations of places of public accommodations/employers (shops) 4. All other areas (residential)
• Specify Public Involvement efforts: 1. Groups, Organizations, Individuals contacted 2. Methods of Public Involvement (meetings, surveys, web site)
• Milestones based on intervals as required to monitor implementation
In 2004, the Texas Department of Transportation developed its Self-Evaluation and Transition Plan. It also developed an initial prioritization plan with respect to the types of accessible pedestrian features to be installed and the locations (and conditions at locations that should get the highest priority). That plan is detailed below:
Priority Criteria
1A Existing curb ramp with running slope >12% AND Location near hospital, school, transit stop, govt. bldg, etc. 1B No curb ramp where sidewalk or ped. path exists AND Location near hospital, school, transit stop, govt. bldg, etc. 2A Existing curb ramp with running slope >12% (NOT located near hospital, etc.) 2B No curb ramp where sidewalk or ped. path exists (NOT located near hospital, etc.)
3 No curb ramp and striped crosswalk exists 4 One curb ramp per corner and another is needed to serve the other crossing direction 5A Existing curb ramp with either running slope >1:12 or insufficient landing 5B Existing curb ramp with obstructions in the ramp or landing 5C Existing curb ramp with any of the following conditions: a) cross slope >3% b) width < 36 inches c) no flush transition, OR Median/island crossings that are inaccessible 5D Existing curb ramp with returned curbs where pedestrian travel across the curb is not protected 5E Existing diagonal curb ramp without the 48” extension in the crosswalk 5F Existing curb ramp without truncated dome texture contrast OR without color contrast 6 Pedestrian push button is not accessible from the sidewalk and/or ramp
3 — 19 It should be noted that with respect to prioritization as detailed below, it is meant to prioritize according to the parameters of the prioritization as required by 28 CFR §35.150(d)(2) including, transportation, places of public accommodation, and employers, followed by walkways serving other areas. For example, although a residential area without curb ramps may have several residents with disabilities, it would not take higher priority than a pub- lic library located at an intersection without curb ramps. However that residential area should be among the first residential areas to have curb ramps installed. Also, a train station that does not have curb ramps at or near its location would have a higher priority than a bus stop at a location with a low population density and lower usage. Other factors that recipients and public entities can use to develop and implement the curb ramp schedule or pedestrian right-of-way portion of the transition plan should include the following:
• Citizen requests or complaints regarding inaccessible locations known to the public entity before the development and implementation of the transition plan
• Pedestrian Level of Service (PLOS) analyses (pedestrian routes with higher level of use/PLOS rating may have a higher priority for accessible features than an area with a lower level of use/ PLOS rating)
• Specific project demand (A project with pedestrian facilities needs to be coordinated with the transition plan)
• Population density (areas with a high population density may have a higher priority for accessible features than an area with a low population density)
• Presence of Disabled Population (areas with a known disabled population such as a group home or special needs facility may have a higher priority for accessible features than an area without. It is important note that lack of a disabled population in a recipient’s/public entity’s jurisdiction does not relieve the recipient/public entity of the ADA/504 requirement to develop and implement a transition plan)
• Existence of accessible facilities (these facilities need not be included on the transition plan)
• Cost (can influence the timetable of installation of accessible facilities’ according to available resources)
Recipients and public entities can incorporate other processes into the transition plan itself or vice versa, and can also be used to help develop and implement the transition plan. These processes include the following:
• procedure for installation of accessible facilities
• a curb ramps/pedestrian facility request procedure, form or hotline
• Pedestrian Master Plan or Bike-Pedestrian Plan
• STA Statewide Transportation Improvement Plan (STIP)
• MPO Transportation Improvement Plan (TIP)
Designation of an ADA/504Coordinator
The Section 504 regulation at 49 CFR § 27.13 and the Title II regulation at 28 CFR §35.107 provide that recipients with 15 or more employees, and at any public entity with fifty (50) or more employees must designate at least one employee to coordinate compliance with the respective regulations. The public entity shall make available to all interested individuals the name, office address and telephone number of the ADA Coordinator, while a Section 504 recipient, at a minimum, must inform the public of the identity of its
3 — 20 Coordinator. The requirement for designation of a particular employee and dissemination of information about how to locate that employee helps to ensure that individuals dealing with large agencies are able to easily find a responsible person who is familiar with the requirements of the regulations and can communicate those require- ments to other individuals in the agency who may be unaware of their responsibilities. Neither Title II ADA nor Section 504 limits a public entity's or recipient’s obligation to ensure that all of its employees comply with the requirements of these regulations, but it ensures that any failure by individual employees can be promptly cor- rected by the ADA/504 Coordinator. The ADA/504 Coordinator can also ensure that the STA acts as one body with respect to ADA/504 compliance by promoting a uniform approach to achieving compliance with ADA/504 among the very diverse disciplines of the STA. Lastly, since there is usually an ADA/504 Coordinator for the entire State government, the ADA/504 Coordinator will serve as the STA’s point of contact for that individual’s State government ADA/504 compliance efforts.
The ADA/504 Coordinator must be knowledgeable of all ADA/504 issues that an STA deals with, particularly those involving pedestrian right-of-way facilities. The ADA/504 Coordinator must also be effective in building and maintaining relationships with the STA’s external stakeholders, such as disability advocacy groups and organizations. The STA must give the ADA/504 Coordinator the authority needed to coordinate, respond and resolve all ADA/504 issues on behalf of the STA. Since STAs are organizations that perform a variety tasks over a breadth of disciplines and professions, the STA can also appoint sub-level ADA/504 coordinators who will respond to issues in their regions and, in turn, will coordinate with a Statewide coordinator.
The STA can also appoint an ADA/504 Coordinator for each discipline, division or unit of the STA (planning, design, construction, right-of-way, environment, public involvement, human resources) who will also coordinate with the Statewide STA ADA/504 Coordinator. That arrangement can be beneficial to the STA, if, for example, the Statewide ADA/504 Coordinator has primary experience in design, but has minimal or no experience in pro- viding employment accommodations. In that case, the Statewide coordinator can delegate to, or collaborate with, the sub-coordinator in human resources, who may be much more experienced in that area.
The ADA/504 Coordinator is charged with the responsibility for implementing, monitoring, and ensuring the agency’s compliance with Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act of 1990. An example of ADA/504 Coordinator responsibilities are: