americans with disabilities act (ada)€¦ · ada origins • the equal opportunity for individuals...

I N T R O D U C T I O N T O D E L D O T ’ S P A S

AMERICANS WITH DISABILITIES ACT (ADA)

DEL AWARE DEPARTMEN T OF TRANSP OR TA T ION ’ S PEDESTR I AN ACCESS IB I L I TY S TAND AR DS (P AS )

DELAWARE T2/LTAP CENTER

• T2 Centers or LTAPs located in all 50 states• Funded by FHWA and state DOTs• Mission – provide training, technical transfer,

technical assistance at local level• Delaware T2 hosted by University of Delaware, part

of Delaware Center for Transportation• Delaware T2 funded by FHWA and DelDOT

OUTLINE

• ADA background/origins• Why ADA matters• The standards, the guidelines, the policies• Introducing the Pedestrian Accessibility Standards

• What is it?• Where does it apply?• What should it mean for me?• How do I learn more?

• Related Matters• Self-Evaluations• Transition Plans

ADA ORIGINS

• The Equal Opportunity for Individuals with Disabilities Act• Better known as the Americans with Disabilities Act, ADA• Signed into law July 26, 1990• It is a federal civil rights law…and it’s not optional

• Predecessors, Foundations• Rehabilitation Act of 1973 – applies to fed funded facilities

• Frequent reference to Section 504• Architectural Barriers Act of 1968 – applies to fed funded

facilities• Civil Rights Act of 1964

https://www.access-board.gov/the-board/laws

ADA – WHAT IS IT?

• ADA – the Act/Law• Five Parts

• Title I: Employment• Title II: Public entities and public transportation• Title III: Public accommodation and commercial facilities• Title IV: Telecommunications• Title V: Miscellaneous provisions

• Regulations• Scattered – particularly relevant examples

• Title II, Subtitle A – 28 CFR Part 35 (DOJ’s territory)• Title II, Subtitle B – 49 CFR Part 37 (DOT’s territory)

• Standards• Uniform Federal Accessibility Standards (UFAS) – from ABA (1968)• ADA Accessibility Guidelines (ADAAG)• (Draft) Public Right of Way Accessibility Guideline (PROWAG) – last

published Federal Register July 26, 2011…coming soon? [hint, no]• Help is here…in Delaware…stay tuned for 6 more slides

Our Focus

E.G., Clubhouses, Restaurants,

Shops

https://www.access-board.gov/the-board/laws/americans-with-disabilities-act-intro

WHY ADA SHOULD MATTER TO YOU

• It’s the right thing to do• It helps everyone, benefits all pedestrians• 12.2% of Delawareans have disabilities• 66.1% of those 65+ have disabilities; 42.8% of those 75+• Employment rate of working-age people (ages 21 to 64)

with disabilities in DE - 36.2%• Some disabilities are temporary and can affect anyone

briefly – ever broken your leg?• Desire to encourage visitors to the State, to your Town• It’s the law … a federal law• The great equalizer – the civil courts

2016 Disability Status Report - Delaware: http://disabilitystatistics.org/

NOT JUST WHEELCHAIRS

Disability Types – Delaware (2016)

• 2.0% reported a Visual Disability• 2.8% reported a Hearing Disability• 7.0% reported an Ambulatory Disability• 4.9% reported a Cognitive Disability• 2.4% reported a Self-Care Disability• 5.2% reported an Independent Living Disability

2016 Disability Status Report - Delaware: http://disabilitystatistics.org/

ENFORCEMENT – WHO’S IN CHARGE?

• U.S. Department of Justice• Settlement negotiations first• Federal lawsuits second - $55,000 civil penalty first offense

• U.S. Department of Transportation and other federal agencies

ENFORCEMENT – WHO’S IN CHARGE?

• U.S. Access Board• 1968 Architectural Barriers Act• Section 502 of Rehabilitation Act of 1973 creates Access

Board• Min Guidelines and Requirements for Accessible Design

(1982)• 1990 Americans with Disabilities Act• ADAAG published 1991; 2010 ADA Standards• Public Rights of Way Accessibility Guidelines

• Drafted 2002…revised 2005…revised 2011…but not adopted• Coming soon? (don’t get him started…)

• Citizens and citizen groups• Citizen suits similar to those under the Clean Water Act

https://www.access-board.gov/the-board

STANDARDS, SPECS, GUIDELINES

• There are lots, too many• ADAAG, UFAS, (draft) PROWAG, 2010 Standards

• Generally, we look to PROWAG (draft)• Public Right of Way Accessibility Guidelines

• Which ones apply to your assets require careful look• But safe to say, getting a straight, consistent answer about

any of them reminiscent of pulling teeth• One reviewer says this, another says that, the engineer that

went to one seminar says that, while another one says that and then the inspector says an entirely different thing

• Believe it or not, DelDOT has had a similarly frustrating time

ENTER THE PAS

• Necessity, it is said, is the mother of invention

• The Pedestrian Accessibility Standards (PAS) were developed in response to the chaos and confusion of ADA requirements in the public right of way• To move the ball forward• To remove some of the conflicting information• To provide greater accommodation in the

public right of way• To put all the design standards in a single

document for all to use

https://www.deldot.gov/Publications/manuals/pedestrianAccessibility/index.shtml

DEVELOPMENT OF THE PAS

• The goal• Eliminate as much confusion, misinformation,

bad interpretation as possible• Put all the design standards in a single

document for all to use• Remove some of the anxiety

• To develop the PAS, a cross section of expertise within DelDOT were needed… and provided


APPLICABILITY OF PAS

• “The standards contained in this document are to be used to design, construct, and maintain pedestrian facilities within and along streets and highways under DelDOT’s jurisdiction. These standards do not cover recreational trails.” • That is – if DelDOT is involved in the public right of way, the

PAS is the standard that will apply henceforth• [Outside the public right of way, the 2010 ADA Standards still

apply]

• Does it apply to your local street projects that do not include DelDOT right of way or funding?• That’s for you to decide

WHAT’S IN THE PAS?

• PAS technical training – beyond today’s scope• DelDOT conducted five training sessions spring 2018• Some local agency staff and/or town engineers attended• Local agency training anticipated fall 2019 – but is there

interest? We need to hear from you on that front

• We’ll talk more generally today• What the PAS covers• Why and when you should be interested• What you need to know• Who you can best consult with for questions• This is not in-depth technical training


• Project scoping, intent, impacts• Project type can affect expectations/standards

• New Construction• Reconstruction• Resurfacing, Restoration, Rehabilitation (3R)• Maintenance

• Temporary Pedestrian Access during construction/maint• Accessibility design standards

• Use of Accessibility Design Standards• Table 3.1 (stay tuned) will guide you with common examples• Concept of desired versus minimum standards

A SIDEBAR ON MAINTENANCE

• Landmark case - Kinney v. Yerusalim (1993) –established broad definition of “alteration”• Any alteration to a street requires accessible upgrades

• Pedestrian accessibility upgrades are not required on maintenance projects• However, these projects are not permitted to alter or

reduce access to pedestrian facilities or the Pedestrian Circulation Path.

• So, what is maintenance and what is not?

MAINTENANCE VS ALTERATION

• Department of Justice and Department of Transportation issued a joint technical assistance paper • Requirements to provide curb ramps when streets…are

altered through resurfacing (July 2015)

https://www.fhwa.dot.gov/civilrights/programs/doj_fhwa_ta.cfm

MAINTENANCE PROJECTS

• Chip seals• Crack filling and sealing• Diamond grinding• Dowel bar retrofit• Fog seals• Joint crack seals• Pavement and bridge joint

repairs• Pavement patching• Scrub sealing• Slurry seals

• Spot application of high-friction treatments

• Surface sealing projects• Signing• Striping (or painting) lanes• Minor traffic signal

upgrades• Repairs to drainage

systems• Guardrail work• Bridge deck patching• Minor/spot sidewalk repairs


MAINTENANCE VS ALTERATION

• These activities are viewed individually• Both the joint technical assistance paper and

Section 2.2.4 of the PAS tell us that when we combine two or more of these activities (e.g., chip seal with slurry seal), can elevate us to an alteration project

• But let’s not get too far into those weeds today

https://www.fhwa.dot.gov/civilrights/programs/doj_fhwa_ta.cfm


• Think of this as a quick reference guide

Pedestrian Accessible

Route (PAR)


• Accessibility design standards• Pedestrian facility components

• Pedestrian Facility Buffer• Pedestrian Accessible Route (PAR)• Pedestrian Frontage Zone


• Accessibility design standards• General concepts

• PAR surface, vertical surface discontinuities, horizontal gaps• Sidewalk and shared use paths (SUP)

• Widths, passing areas, running slopes, cross slopes• Compound cross slopes (not acceptable)• Transition slabs connecting to existing PAR• Utility covers in the PAR (to be avoided)


• PAR elements


• Accessibility design standards• Crosswalks and unmarked crossings• Driveway and entrance crossings

• Residential and commercial• Obstructions and protruding objects

• Placing and grouping objects, pinch points• Cane detectable range• Vertical clearance


• Accessibility design standards• Obstructions and protruding objects (cont’d)

• Protruding objects• Barricades/detectable indicators• Post mounted objects• Handrails • Doors, doorways, gates• Stairways and site access ramps


• Accessibility design standards• Connections of sidewalk to travel lane crossing

• [The details here get overly technical, so we’ll stay in the general for this session]

• Blended transitions• Curb ramps (and/or pedestrian connections)• Connection layouts and orientations• Minimizing crossing distance• Drainage challenges and requirements• Alternate pedestrian connection locations and design


• Accessibility design standards• Detectable warning surfaces (DWS, aka, truncated domes)

• Color contrast, size, spacing• Placement at curb ramps, at medians/islands, at RR crossings, at

commercial driveways/entrances, elsewhere

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• Accessibility design standards• Crosswalks

• Widths, cross slopes, running slopes, surfaces, striping/signing• Median/channelized island crossings

• Surface, cross slope, running slope, drainage• Roundabouts• Railroad crossings

• Surface, approach to rails, rail spacing/gaps, slopes• Bus/transit stops

• Boarding and alighting areas• New/replacement shelters


• Accessibility design standards• Traffic signals and pedestrian signals

• Accessible pedestrian signal (APS) requests• Push button placement criteria

• On-street parking• Density requirements, space designs, marking/metering

• Park and ride facilities• Curb ramp placement guidelines and examples

• Guidance for selection of street level connections• Sample curb ramp solutions

• Requests for practical exceptions


• And that’s it!• Whole thing is 80 pages (currently)

• It’s really 71 pages when you take away the TOC, etc.

• It’s manageable, is what we’re saying

• It’s practical

• Answers to your questions are a phone call away• Todd Webb – DelDOT ADA Title II Coordinator

• 302.760.2048; [email protected]

LET’S SWITCH GEARS A LITTLE BEFORE WE WRAP UP

SELF -EVALUAT IONS/TRANSI T ION PLANS

SELF-EVALUATIONS

• Required – all public agencies - 28 CFR Part 35.105• Due date: January 26, 1993• Public agencies shall:

• Evaluate: • Current services, policies, practices, programs• Effects thereof that do not or may not meet ADA requirements

• Proceed to made necessary modifications• As determined to be required by self-evaluation

• Provide opportunity for participation in self-evaluation process• Including individuals with disabilities and organizations

representing them

TRANSITION PLANS

• 50 or more employees? • Transition plan required - 28 CFR §35.150(d)• Deadline to complete – July 26, 1992• Oops is the wrong response to that

• If not done, you really, really, really should do one now

• Update periodically

• Less than 50 employees – exempt from ADA? NO

PUBLIC AGENCY

• You work in the Streets Department• There are six of you in the department• So, <50 right? • No transition plan, right?

• Nice try• Ask yourself – who signs your paycheck? • Your public agency is more than likely the town,

city, county, etc. • You have to be pretty small to stay under 50

• Don’t overthink this – a transition plan is good for you

TRANSITION PLANS

Transition plan contents:• Physical obstacles that limit accessibility• Description of methods that will be used to remedy• Schedule of upgrades in each following year• Identify the official responsible for implementation

• i.e., responsible employee (28 CFR PART 35.107)

OVER 50 EMPLOYEES?

Other things you must do• Designate an “ADA Coordinator”

• Responsible Employee – 28 CFR Part § 35.107 • Development & postings of an ADA Policy

Statement• 49 CFR §27.15 & 28 CFR §35.106

• Development & postings of Grievance Procedures/Complaint Procedures• 28 CFR Parts § 35.107 & § 35.170

ADA COORDINATOR

§ 35.107 Designation of responsible employee… • Public entity ≥50 persons shall

• Designate responsible employee• Coordinate efforts to comply with ADA • Carry out responsibilities under ADA, including investigation of

any complaint• Public entity shall make available to all interested individuals

• Responsible employee name• Office address• Telephone number

COMPLAINT PROCEDURE

§ 35.107 …Complaint procedure• Public entity ≥50 persons shall

• Adopt and publish grievance procedures • Provide for prompt and equitable resolution of complaints

alleging any action that would be prohibited by ADA

§ 35.170 (et seq.) Compliance procedures• Specifies who may file, time for filing, where to file• Receipt/acceptance of complaints• Investigations and compliance reviews• Voluntary compliance agreements• Referral (you do not want this)

AND IF I DON’T DO THIS?

What happens, who enforces?• DOJ can visit you• Transportation complaints are investigated by

FHWA or DelDOT• Federal funding can be withheld • Lawyers visit you

CURB RAMP PRIORITIES

• Generally, curb ramps first• DOJ curb ramp priorities, descending order

• Ramps constructed/altered post-ADA (July 26, 1990) but not ADA-compliant

• ADA ramps at pre-ADA locations• Ramps serving state/local government facilities• Ramps serving bus stops/other transportation services• Ramps serving public accommodations• Ramps serving business districts• Ramps in residential areas

ADA Best Practices Tool Kit for State and Local Governments

AFTER SELF-EVAL/TRANSITION PLAN

• Follow the plan• Fund it• Issue work orders or contracts to make remedies• Document your work/progress

• Must show continuous, reasonable, good faith effort• Never use the term “can’t afford it”

• If conditions change, change your plan• Funding changes• Priority changes• Community input

• Maintain the facilities (§35.133 Maintenance of accessible features)

WHAT SHOULD YOU DO?

• Self-evaluation done? • No? • Start that…tomorrow

• Transition plan required/desirable?• Done? • No? • Tomorrow

• Adopt a standard• PAS?• Draft PROWAG?• 2010 DOJ?

• Self-evaluation or transition plan outdated?• Update it• Assess progress• Public involvement

WHAT SHOULD YOU DO?

• Grievance/complaint procedure• Designate ADA coordinator

• Think about who he/she reports to• Independence?• Authority?

• Public involvement• Including/particularly those with disabilities and those

representing them• Educate all staff

• Policies (internally and externally)• Resources and who to call for assistance

WHAT SHOULD YOU DO?

• Fund improvements• Get started on that backlog (back to January 1992)

• When you alter a street, upgrade the curb ramps

• Follow up on complaints• Fulfill requests for facilities (curb ramps, sidewalks,

ped signals, detectable warnings, etc.)

STUCK GETTING STARTED?

• Delaware T2/LTAP Center • We’re from the government; well, we were sent by the

government• And we really are here to help you

• Let’s sit down and come up with a plan• Like many, you’re probably far behind• So, let’s get started

“The best time to plant an oak tree was 25 years ago. The second best time is today.”

– widely quoted, origin unknown

WHO TO CONTACT

• DelDOT’s ADA Inventory and Assessment App• Has some remarkable

information• Contact

• Todd Webb• Title II Coordinator• 302.760.2048

https://deldot.gov/Business/ada/index.shtml?dc=ada_map

LET’S GET STARTED

Matheu J. Carter, P.E.Municipal Engineering Circuit Rider

Delaware T2/LTAP Center355 DuPont Hall

University of DelawareNewark, Delaware 19716

(302) [email protected]

http://sites.udel.edu/dct/t2-center/This document and/or its attachments may contain analyses or other technical information. These are

prepared as an Information Service of the Delaware T2 Center and are provided "as is" without warranty of any kind, either expressed or implied. The Delaware T2 Center, and its funding agencies (e.g., DelDOT, FHWA, University of Delaware) shall not be responsible for the use of this information. The products and technologies discussed herein (some of which are proprietary) are not endorsed by the author or the

Delaware T2 Center. Except where noted, all content herein, including photographs and tables, were developed and produced by the Delaware T2 Center and may not be reprinted or otherwise used without

written permission.

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