The Americans with Disabilities Act ADA Transition Plans

1. The Americans with Disabilities ActADA Transition Plans Will McClure FHWA California Division Office

2. Training Outline • People with Disabilities • Ensuring ADA Compliance • State & Local Public Agency Requirements • Laws, Regulations, Guidelines & Standards • Pedestrian Path of Travel • Conduct a Self-Evaluation • Elements of a Transition Plan

3. The Americans with Disabilities Act “Let the shameful wall of exclusion finally come tumbling down.” President George H. W. Bush

4. People with Disabilities US Census Bureau • 57 million, 19% of US population • 8.1 million have difficulty seeing • 2 million are blind or unable to see • 7.6 million experience difficulty hearing • 31 million difficulty walking or climbing stairs

5. Physical or mental disabilities in no way diminish a person’s right to fully participate in all aspects of society, yet many people with physical or mental disabilities have been precluded from doing so because of discrimination. People with Disabilities

6. People with Disabilities Historically, society has tended to isolate and segregate people with disabilities. Despite some improvements, discrimination against people with disabilities continues to be a serious and pervasive social problem.

7. Discrimination against individuals with disabilities persists in critical areas such as employment, housing, public accommodations, education, transportation, communication, recreation, institutionalization, health services, voting, and access to public services. People with Disabilities

8. The Department of Justice (DOJ) DOJ designated USDOT as the Federal agency responsible for overseeing and implementing ADA compliance. FHWA is responsible for implementation of ADA & Section 504 pedestrian access requirements. Both DOJ and DOT have enforcement authority.

9. Federal Highway Administration The primary purpose of FHWA’s ADA/ Section 504 program is to ensure that pedestrians with disabilities have the opportunity to use the transportation system in an accessible and safe manner.

10. Federal Highway Administration FHWA plays a vital role in the planning, design and construction of roads, highways and other transportation facilities, and the implementation of pedestrian access requirements under these regulations.

11. “Beginning to End” FHWA provides stewardship and oversight in the investigation,planning, design, construction, and maintenance/operationof a variety of infrastructure projects & programs.

12. Ensuring Compliance FHWA ensures recipients and public entities comply via: • Program Oversight • Project Oversight • Complaint Investigations

13. Program Oversight • Oversight and stewardship over all Federal, State, and local government agencies that build and maintain highways and roadways. (Even if no federal $ are used) • Program, Process or Compliance Reviews • Training and Technical Assistance to Recipients & Public Entities.

14. Program Oversight • Informing recipients/sub-recipients of their accessibility responsibilities. • Reviewing and monitoring pedestrian access compliance. • Reviewing the ADA Transition Plan.

15. Project Oversight • Oversight of Federal-aid highway construction activities. • Ensuring the public entity’s planning, design, and construction programs adequately address access for persons with disabilities.

16. Complaint Investigations • Investigation of Title II ADA/Section 504 formal complaints. • Investigation of projects and locations where FHWA has reason to believe accessibility problems exist.

17. Nondiscrimination of the Basis of Disability What do Section 504 and ADA mean for State and Local Public Agencies in the delivery of their programs, services and activities?

18. Section 504 of the Rehabilitation Act of 1973 Prohibits discrimination on the basis of disability by recipients and sub-recipients of Federal Aid .

19. The Americans with Disabilities Act Prohibits discrimination on the basis of disability by Public Entities. Effective Date: January 26, 1992

20. Laws, Regulations, Guidelines and Standards • Architectural Barriers Act • Civil Rights Restoration Act • 2010 ADA Standards • DOJ/DOT Joint Technical Assistance • Manual on Uniform Traffic Control Devices (MUTCD) • Federal Aid Highway Act of 1973 • 23 CFR 450.218 Self-certification, Federal Findings and Federal Approvals

21. Laws, Regulations, Guidelines and Standards • ADA and ABA Accessibility Guidelines were developed primarily for buildings and facilities on sites. • PROWAG - Proposed Guidelines Developed Specifically for Pedestrian Facilities in the Public Right-of-Way

22. Laws, Regulations, Guidelines and Standards PROWAG • Pedestrian access to sidewalks and streets, including crosswalks, curb ramps, street furnishings, pedestrian signals, parking, and other components of public rights-of-way. • Various constraints posed by space limitations, roadway design practices, slope, and terrain. • Once adopted by DOJ, they will become enforceable standards under title II of the ADA.

23. Laws, Regulations, Guidelines and Standards Public Rights-of-Way (PROWAG) NPRM Best Practices implemented in State Design Information Bulletin in several States including, California.

24. Program Accessibility A public entity shall operate each service, program, or activity (when viewed in its entirety) so that it is readily accessible to and usable by individuals with disabilities.

25. ADA Administrative Requirements Adopted from Section 504 • Self-Evaluation • Nondiscrimination Notices • Designation of Responsible Employees • Adoption of Grievance Procedures

26. Nondiscrimination on the Basis of Disability in State and Local Government Services Subpart A - General • Self-Evaluation (§35.105) • Nondiscrimination Notices (§35.106) • Designation of Responsible Employees and Adoption of Grievance Procedures (§35.107)

27. Self-Evaluation A public entity shall, within one year of the effective date (January 26, 1992) of this part, evaluate its current services, policies, and practices, and the effects thereof, that do not or may not meet the requirements of this part.

28. Self-Evaluation To the extent modification of any such services, policies, and practices is required, the public entity shall proceed to make the necessary modifications.

29. Self-Evaluation A public entity that employs 50 or more persons shall, for at least three years following completion of the self-evaluation, maintain on file and make available for public inspection: • A list of the interested persons consulted • A description of areas examined and any problems identified • A description of any modifications made.

30. Self-Evaluation If a public entity has already complied with the self-evaluation requirement of a regulation implementing section 504 of the Rehabilitation Act of 1973, then the requirements of this section shall apply only to those policies and practices that were not included in the previous self-evaluation.

31. Self-Evaluation Because most self-evaluations were done from five to twelve years ago however, the Department expects that a great many public entities will be reexamining all of their policies and programs. DOJ Response to Public Comments

32. Nondiscrimination on the Basis of Disability in State and Local Government Services Subpart B – General Requirements • General discrimination prohibitions (§35.130) • Maintenance of accessible features (§35.133) • Personal devices and services (§35.135) Subpart C - Employment • Employment discrimination prohibited (§35.140)

33. Program Accessibility Discrimination Prohibited No qualified individual with a disability shall, because a public entity’s facilities are inaccessible to or unusable by individuals with disabilities, be excluded from participation in, or be denied the benefits of the services, programs or activities of a public entity.

34. General Requirements Maintenance of Accessible Features A public entity shall maintain in operable working condition those features of facilities and equipment that are required to be readily accessible to and usable by persons with disabilities

35. Nondiscrimination on the Basis of Disability in State and Local Government Services Subpart D – Program Accessibility • Discrimination prohibited (§35.149) • Existing facilities (§35.150) • New construction and alterations (§35.151)

36. Nondiscrimination on the Basis of Disability in State and Local Government Services Subpart D – Program Accessibility Existing facilities (§35.150) (c) Time period for compliance. Where structural changes in facilities are undertaken to comply with the obligations established under this section, such changes shall be made within three years of January 26, 1992, but in any event as expeditiously as possible.

37. Model Sidewalks • The Frontage Zone is the strip along the inside edge. • The Pedestrian Zone includes the Pedestrian Access Route (PAR). • Furnishing Zone is adjacent to the curb line. • The curb zone is literally the top of the curb.

38. Path of Travel28 CFR 35.151(b)(4)(ii) & 49 CFR 37.43(d) • Continuous, unobstructed way of pedestrian passage. • By means of which the altered area may be approached, entered, and exited. • Connects with an exterior approach (including sidewalks, streets, and parking areas), an entrance to the facility, and other parts of the facility.

39. Elements of Typical Curb Ramp 4 5 6 1 2 3

40. Accessible Pedestrian Features 2010 ADA Standards Horizontal Openings (302.3) Running Slope (405.2) Cross-Slope (405.3) Grade Breaks (405.4) Clear width (405.5) Counter Slope (406.2) Flared Sides (406.3) Landings (406.4) Clear Space (406.5) Detectable Warnings (705)

41. Horizontal Openings (302.3) • Free of surface discontinuities ≥ ½” • Openings shall not permit passage of sphere ≥ ½” in diameter. Water Meters / Valves Vaults J-Boxes

42. Curb Ramp Running Slope (405.2) • A walking surface with a running slope greater than 1:20 (5%), maximum of 1:12 (8.33%) to traverse a change in elevation. 8.33% Max

43. Cross-Slope (405.3) Max 2% (1:50), measured perpendicular to direction of running slope. 2% max

44. Grade Breaks (405.4) Transition points shall be flush and cannot have any abrupt level changes.

45. Vertical Alignment (405.4) • Grade breaks between curb ramps & roadway • The transition area must be free of ‘lips’ ~ flush. • This could be at the flow line or where the edge of the gutter pan meets the asphalt. • If changes are not addressed, they can be tripping hazards.

46. Clear Width (405.5) • The ramp run must be at least 36” wide.

47. Counter Slope (406.2) Line where two surface planes w/ different grades meet. Connection between the ramped surface and adjoining gutter, sidewalk, threshold, etc. (<1:20 or 5%).

48. Flared Sides (406.3) • Max slope of 10% (1:10).

49. Landings (406.4) and Clear Space (406.6) • At the top of each CR • Clear length ≥ 36” ≥36” • Diagonal CR only • At bottom • Clear space ≥ 48”

50. Detectable Warnings (705) • Truncated domes (bumps) used as tactile cue for vision impaired/blind pedestrians. • Indicate the entrance into traffic or the absence of a curb.