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The Americans with Disabilities Act (ADA) of 1990
as it applies to State & Local Agencies
Steve Healow
FHWA California Div...
Today’s Agenda
 ADA intro/background/timeline
 Responsibilities pursuant to ADA
 U.S. Department of Justice
 U.S. Depa...
Timeline
 Architectural Barriers Act of 1968 facilities designed, built, altered, or leased with federal
funds shall be a...
What does the Department of Justice do
pursuant to ADA?
 The Department of Justice (DOJ) has rulemaking authority and
enf...
 U.S. Dept. of Justice, Civil Rights Division responsibilities pursuant to ADA:
 Technical Assistance
 Enforcement
 Me...
What is the role of FHWA pursuant to
ADA?
 FHWA has oversight responsibility to ensure that:
 federal-aid projects which...
What is required of state and local
agencies pursuant to ADA Title II?
 Ensure any project for construction or alteration...
Transition Plan
 The ADA requires public agencies with more than 50 employees to
make a transition plan. [28 CFR 35.150(d...
Define Terms for the Joint Technical
Assistance Document
 Disability: A physical or mental impairment that substantially ...
Maintenance vs. Alterations*
Crack Filling and Sealing
Surface Sealing
Chip Seals
Slurry Seals
Fog Seals
Scrub Sealing
Joi...
 “…The net result…will be to decrease the overall road
miles that can be maintained by an estimated 20% and
decrease loca...
Cost to implement ADA
 City with population >300k , area 150 sq.mi.
 Step #1 Database with GIS links
 How many intersec...
ADA Cost Comparison Chart
Suburban area
Eastern U.S.
Cold weather location
What are the Top 10 ADA Access Violations ?
(per California Civil Code)
 Signs: Outdated or incorrect signage
 Parking: ...
Next Steps
 Get informed, stay informed
 Caltrans guidance [www.dot.ca.gov/hq/oppd/access/access.htm ]
 FHWA guidance [...
Conclusions
• The 1990 Americans with Disabilities Act (ADA) is a broad statute
intended to provide clear, consistent, enf...
The end
Steve Healow
FHWA California Division
650 Capitol Mall, #4-100
Sacramento, CA 95814
916-498-5849
steve.healow@dot....
references
 http://www.ada.gov/2010_regs.htm
 http://www.ada.gov/q%26aeng02.htm
 http://www.ada.gov/pubs/adastatute08.p...
Steve Healow - New ADA requirements for pavement projects
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Steve Healow - New ADA requirements for pavement projects

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Presentation delivered at the CalAPA Spring Asphalt Pavement Conference April 9-10, 2014 in Ontario. Topic: New Americans with Disabilities Act requirements for pavement maintenance/rehabilitation vs. pavement rehabilitation projects.

Published in: Engineering, Technology, Business
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  • ADA is a federal civil rights law which prohibits discrimination against people with disabilities in everyday activities.The USDOJ/Civil Rights Division responsibilities include technical assistance, enforcement, mediation, regulation and certification of state and local building codes.
  • Q: who was the first president to sign into law a bill which legally obligated governments and businesses to build facilities accessible to the handicapped?
  • Before the 1968 Architectural Barriers Act and the 1990 Americans with Disability Act, there was no legal obligation to create accessible environments.Architectural Barriers Act of 1968 (LBJ) Rehabilitation Act of 1973 (RMN)ADA of 1990 (Bush 41)ADA Amendments Act 2008 (Bush 43)Section 504 of the Rehabilitation Act of 1973 (Section 504) (29 U.S.C. §794) – Vocational rehab. to states with emphasis for severely handicappedSection 504 “…no otherwise qualified handicapped individual in the U.S., shall, solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance…”Title II of the Americans with Disabilities Act of 1990 (ADA) (42 U.S.C. §§ 12131-12164
  • The ADA addresses State and local government services, activities and policy making under the Department of Justice's ADA Title II implementing regulations. The ADA, under Title II, Subpart A, covers public rights-of-way. The Department of Justice (DOJ) has rulemaking authority and enforcement responsibility for Title II, while USDOT is legally obligated to implement compliance procedures relating to transportation, including those for highways, streets, and traffic management. The FHWA Office of Civil Rights oversees the DOT requirements in these areas.Section 504 responsibilities not detailed specifically in Title II of the ADA are: Rest areas on Interstate highways must be accessible; and pedestrian overpasses, underpasses, and ramps constructed with Federal financial assistance must be accessible. [http://www.fhwa.dot.gov/civilrights/programs/ada.cfm ]
  • “…ADA requires DOJ to provide technical assistance to businesses, State and local governments, and individuals with rights or responsibilities under the law. The DOJ provides education and technical assistance through a variety of means to encourage voluntary compliance.”Sec. 12204. Regulations by Architectural and Transportation Barriers Compliance Board(a) Issuance of guidelinesNot later than 9 months after July 26, 1990, the Architectural and Transportation Barriers Compliance Board shall issue minimum guidelines that shall supplement the existing Minimum Guidelines and Requirements for Accessible Design for purposes of subchapters II and III of this chapter.(b) Contents of guidelinesThe supplemental guidelines issued under subsection (a) of this section shall establish additional requirements, consistent with this chapter, to ensure that buildings, facilities, rail passenger cars, and vehicles are accessible, in terms of architecture and design, transportation, and communication, to individuals with disabilities.
  • Ensure that FHWA recipients and subrecipients are informed of their responsibilities to provide accessibility in their programs, activities, and facilities (i.e., public rights-of-way). Ensure that recipients and subrecipients are applying appropriate accessibility standards to all transportation facilities. Ensure that all complaints filed under Section 504 of the 1973 Rehabilitation Act or the ADA are processed in accordance with established complaint procedures.FHWA is responsible for ensuring access for persons with disabilities in four areas:For surface transportation projects under direct FHWA control (e.g., Federal Lands projects): FHWA is responsible for ensuring that project planning, design, construction, and operations adequately address pedestrian access for people who have disabilities. For Federally funded surface transportation projects that provide pedestrian facilities within the public right-of-way: FHWA is responsible for ensuring that the public agencies' project planning, design, and construction programs provide pedestrian access for persons with disabilities. FHWA-funded projects outside of the public right-of-way, such as Transportation Enhancement projects, must also adhere to these requirements. For pedestrian facilities within the public right-of-way, or any other FHWA enhancement project, regardless of funding source: FHWA is responsible for investigating complaints. 28 CFR §§ 35.170 – 35.190. FHWA should provide or encourage accessibility training for Federal, State, and local agencies and their contractors.
  • Ensure that FHWA recipients and subrecipients are informed of their responsibilities to provide accessibility in their programs, activities, and facilities (i.e., public rights-of-way). Ensure that recipients and subrecipients are applying appropriate accessibility standards to all transportation facilities.
  • This assistance memo came out in July 2013“…I wasn’t included in the discussions with the Dept. of Justice…”“…I’m just the messenger…”“…If you think it’s bad now you should’ve seen the first draft; it was much worse…”“…this is the final policy…there will be no revisions…”
  • Maintenance activities do not require simultaneous improvements to pedestrian accessibility under the ADA and Section 504. However, in the development of the maintenance scope of work identified accessibility needs should be incorporated into the transition process.
  • the absence of a curb, elevation, or other barrier between the street and the walkway. When is resurfacing considered to be an alteration? Resurfacing is an alteration that triggers the requirement to add curb ramps if it involves work on a street or roadway spanning from one intersection to another, and includes overlays of additional material to the road surface, with or without milling. Examples include, but are not limited to the following treatments or their equivalents: addition of a new layer of asphalt, reconstruction, concrete pavement rehabilitation and reconstruction, open-graded surface course, micro-surfacing and thin lift overlays, cape seals, and in-place asphalt recycling. What kinds of treatments constitute maintenance rather than an alteration? Treatments that serve solely to seal and protect the road surface, improve friction, and control splash and spray are considered to be maintenance because they do not significantly affect the public’s access to or usability of the road. Some examples of the types of treatments that would normally be considered maintenance are: painting or striping lanes, crack filling and sealing, surface sealing, chip seals, slurry seals, fog seals, scrub sealing, joint crack seals, joint repairs, dowel bar retrofit, spot high-friction treatments, diamond grinding, and pavement patching. In some cases, the combination of several maintenance treatments occurring at or near the same time may qualify as an alteration and would trigger the obligation to provide curb ramps.
  • Composite of treatments over 40 year time span based on assumption of 5 intersections per mile – In Cold weather location in the East
  • The ADA addresses State and local government services, activities and policy making under the Department of Justice's ADA Title II implementing regulations. The ADA, under Title II, Subpart A, covers public rights-of-way. The Department of Justice (DOJ) has rulemaking authority and enforcement responsibility for Title II, while USDOT is legally obligated to implement compliance procedures relating to transportation, including those for highways, streets, and traffic management. The FHWA Office of Civil Rights oversees the DOT requirements in these areas.Section 504 responsibilities not detailed specifically in Title II of the ADA are: Rest areas on Interstate highways must be accessible; and pedestrian overpasses, underpasses, and ramps constructed with Federal financial assistance must be accessible.It’s FHWA’s responsibility to ensure that local agencies (cities and counties) comply with ADA; when FHWA doesn’t do its job then the enforcers/DOJ come in.
  • Transcript of "Steve Healow - New ADA requirements for pavement projects"

    1. 1. The Americans with Disabilities Act (ADA) of 1990 as it applies to State & Local Agencies Steve Healow FHWA California Division Office Sacramento Spring Asphalt Pavement Conference and Equipment Expo Ontario, CA April 9, 2014
    2. 2. Today’s Agenda  ADA intro/background/timeline  Responsibilities pursuant to ADA  U.S. Department of Justice  U.S. Department of Transportation/FHWA  State and Local Agencies  DOJ/DOT Joint Technical Assistance on Title II of ADA  Associated Cost$  Conclusions
    3. 3. Timeline  Architectural Barriers Act of 1968 facilities designed, built, altered, or leased with federal funds shall be accessible to the public, including those with physical handicaps. (P.L. 90– 480, 42 U.S.C. 4151)  Rehabilitation Act of 1973 includes Section 504 “Non-discrimination of handicapped persons under federal grants” (P.L. 93-112, 29 U.S.C. 794)  Americans with Disabilities Act of 1990 prohibits discrimination, ensures equal opportunity for persons with disabilities in employment (Title I) , state and local gov’t services (Title II), public accommodations, commercial facilities and transportation (Title III). (P.L. 101-336, 42 U.S.C. 12131-12164  ADA Amendments Act of 2008 (P.L. 110-325)  July 2010 final regulations revising DOJ ADA regulations includes ADA standards for acceptable design (a.k.a. the 2010 ADA Standards for Accessible Design)  March 2011 28 CFR 35.151 DOJ Title II regulations: “New construction and alterations by public entities…residential units…correctional facilities…” 28 CFR 36 DOJ Title III regulations : “…places of public accommodation and commercial facilities to be designed, constructed, and altered in compliance with the accessibility standards established by this part…”  June 28, 2013 Guidance: “Department of Justice/DOT Joint Technical Assistance on the Title II of the ADA Requirements to Provide Curb Ramps when Streets, Roads, or Highways are Altered through Resurfacing”
    4. 4. What does the Department of Justice do pursuant to ADA?  The Department of Justice (DOJ) has rulemaking authority and enforcement responsibility for Title II, i.e. State and local government services, activities on public rights-of-way (i.e. highways, roads and streets).  “…The Attorney General may obtain the assistance of other Federal agencies in carrying out…this section…”  Provide clear, consistent, enforceable standards to eliminate discrimination of disabled persons
    5. 5.  U.S. Dept. of Justice, Civil Rights Division responsibilities pursuant to ADA:  Technical Assistance  Enforcement  Mediation  Regulations  Certification of State and Local Building Codes
    6. 6. What is the role of FHWA pursuant to ADA?  FHWA has oversight responsibility to ensure that:  federal-aid projects which include pedestrian access on the public right-of-way are planned, designed and constructed to provide safe access for pedestrians and disabled persons;  recipients of Federal funds 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;  all complaints filed under Section 504 or the ADA are processed in accordance with established procedures (28 CFR 25.170).
    7. 7. What is required of state and local agencies pursuant to ADA Title II?  Ensure any project for construction or alteration of a facility with public access is also accessible to disabled persons. (e.g. widening aisles and doorways, installing ramps and railings, install signs in alternative formats such as Braille.)  Prepare and maintain a transition plan in accordance with 28 CFR 35.150(d)
    8. 8. Transition Plan  The ADA requires public agencies with more than 50 employees to make a transition plan. [28 CFR 35.150(d)]  The transition plan must include a schedule for providing access features, including curb ramps for walkways. The schedule should first provide for pedes-trian access upgrades to State and local government offices and facilities, transporta-tion, places of public accommodation, and employers, followed by walkways serving other areas. The transition plan should accomplish the following four tasks:  identify physical obstacles in the public agency's facilities that limit the accessibility of its programs or activities to individuals with disabilities;  describe in detail the methods that will be used to make the facilities accessible;  specify the schedule for taking the steps necessary to upgrade pedestrian access to meet ADA and Section 504 requirements in each year following the transition plan; and  indicate the official responsible for implementation of the plan
    9. 9. Define Terms for the Joint Technical Assistance Document  Disability: A physical or mental impairment that substantially limits one or more major life activities of an individual.  Alteration: “…a change that affects the…structure, grade or use of all or part of a facility…and must include pedestrian access improvements…”  e.g. reconstruction, rehabilitation, resurfacing, widening  Maintenance: “…treatments that serve solely to seal and protect the road surface, improve friction, control splash and spray…do not significantly affect public access or usability…and do not require simultaneous improvements to pedestrian accessibility…”  e.g. crack sealing, surface seals, joint repairs, patching potholes
    10. 10. Maintenance vs. Alterations* Crack Filling and Sealing Surface Sealing Chip Seals Slurry Seals Fog Seals Scrub Sealing Joint Crack Seals Joint Repairs Dowel Bar Retrofit Spot High-Friction Treatments Diamond Grinding Pavement Patching Addition of a new layer of asphalt Reconstruction Rehabilitation Resurfacing** Widening Open-graded Surface Course Microsurfacing Thin Lift Overlay Cape Seals In-Place Recycling * Alterations trigger wheelchair ramps in most circumstances; ** from one intersection to another, includes overlay of add’l material, with or without milling
    11. 11.  “…The net result…will be to decrease the overall road miles that can be maintained by an estimated 20% and decrease local and state…decision-making authority with regard to how they should maintain their roads…”
    12. 12. Cost to implement ADA  City with population >300k , area 150 sq.mi.  Step #1 Database with GIS links  How many intersections? (10,000)  Are they standard with 4 ramps or non-standard?  Are the existing ramps ADA compliant?  Will non-compliant ramps be replaced?  Are there mid-block ramps?  Step #2 Analyze Data  Number and cost of new ramps, replacement ramps  Step #3 Prioritize with stakeholders  Conclusion: $45M to bring all ramps up to standard  Concrete Repair Budget: $1M/year  Write the implementation plan
    13. 13. ADA Cost Comparison Chart Suburban area Eastern U.S. Cold weather location
    14. 14. What are the Top 10 ADA Access Violations ? (per California Civil Code)  Signs: Outdated or incorrect signage  Parking: Slope too steep or wrong dimensions  Access Routes: Wrong signs, steep slopes or other hazards  Curb Ramps: Steep Slopes  Pedestrian Ramps: No handrails, landings not level or no ramp  Bathrooms: Too small or fixtures out of reach  Stairs: No hazard striping or handrails, rails at wrong height and uneven steps  Seating: No access for people with disabilities  Doorways: Clearance issues or improper door handles  Exits: No exit or no signs showing exits
    15. 15. Next Steps  Get informed, stay informed  Caltrans guidance [www.dot.ca.gov/hq/oppd/access/access.htm ]  FHWA guidance [www.fhwa.dot.gov/programadmin/pedestrians.cfm]  DOJ guidance [ www.ada.gov ]  Training  NHI#142045 “Pedestrian Facilities Design”  Support FP2, CEAC, others  Read S.B. 1608, consider a Certified Access Specialist
    16. 16. Conclusions • The 1990 Americans with Disabilities Act (ADA) is a broad statute intended to provide clear, consistent, enforceable standards to eliminate discrimination against disabled persons in all areas of public life. - Title I employment; - Title II state and local gov’ts ensure that public rights-of-way and facilities are accessible to disabled persons; . - Title III requires public accommodations, commercial facilities e.g. restaurants, banks, parks, theaters, stores and so on to provide access to disabled persons. • Annually in Calif. we have <1,000 ADA civil lawsuits; <20 ADA complaints filed/year against state and local agencies; Caltrans responds to 200+ ADA grievances and access requests. • DOJ has enforcement responsibilities. DOT/FHWA has oversight responsibilities; State and local agencies and commercial enterprises are responsible for providing safe, accessible facilities with due regard for handicapped persons.
    17. 17. The end Steve Healow FHWA California Division 650 Capitol Mall, #4-100 Sacramento, CA 95814 916-498-5849 steve.healow@dot.gov
    18. 18. references  http://www.ada.gov/2010_regs.htm  http://www.ada.gov/q%26aeng02.htm  http://www.ada.gov/pubs/adastatute08.pdf  http://www.fhwa.dot.gov/civilrights/programs/ada.cfm (Q&A)  http://www.fhwa.dot.gov/civilrights/programs/ada_sect504qa.cfm  http://witness2013.acec.org/userfiles/file/20130730_BRIEF_ADA_Resurfa cing_Technical_Assistance.pdf  http://www.news10.net/news/article/264475/2/News10-Investigates-ADA- Lawsuits  http://www.ada.gov/pubs/adastatute08.htm  http://www.nxtbook.com/naylor/FPPQ/FPPQ0413/index.php#/6  http://www.dot.ca.gov/hq/bep/documents/fy2012-2013_annual_report.pdf  http://www.nhi.fhwa.dot.gov/training/course_search.aspx?tab=0&key=ada &res=1#course_search.aspx?tab=0&key=ada&sf=0&course_no=142045
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