ADA Curb Ramps Resurfacing

1. Troy McCain Troy Williams
Pavement Coordinator Inspector
City of Lakeland City of Lakeland

2. Title II of the ADA
Applies to:
 Facilities built after 1990;
 Pre-existing facilities;
 All public entities, such as State and local
governments, even if they are not recipients of
federal funding.

3. Objectives
• Review technical bulletins 2013/2015 in
regards to adjacent ADA curb ramps and
sidewalk during resurfacing (alterations) of
roadways.
• General discussion of building a new ramp.
• General discussion of Sidewalks
• Actions that the City of Lakeland is taking to
comply with ADA /Transition Plan rules

4. Authority Agencies
• The Department of Justice (DOJ) has rulemaking
authority and enforcement responsibility for Title
II
• DOJ’s and DOT’s (FDOT) ADA Standards
constitute design and construction requirements
issued under a civil rights law.
• Entities covered by the law ultimately are
responsible for ensuring compliance with the
ADA Standards in new construction and
alterations.

5. Access
Board
Confused?

6. Confusion???
• For most municipalities, there is
confusion between the intent of
the ADA, as a civil rights law, and
various related design guidelines
such as UFAS, ADAAG, PROWAAG,
FDOT, and DOJ standards.

7. Litigation Avoidance
• Chicago agrees to Pay Largest ADA Curb Ramp
Settlement Ever -- $50,000,000 in New Money (5
years)
• Caltrans settles lawsuit over disabled access -
The agency proposes to spend $1.1 billion to ease
use of sidewalks, crosswalks and park-and-ride
facilities. (30 years)
• Penn DOT ramping up efforts on curb cuts -
Lawsuits prompt budgeting of $820 million to
improve access for disabled (10 years)

8. Litigation Avoidance
(closer to home)
• Justice Department Reaches Settlement
Agreement with City of Jacksonville, Fla., to
Ensure Civic Access for People with
Disabilities
• Justice Department agreement between
United States of America and City of Fort
Myers under the American with Disabilities
Act DJ:204-17M-413

9. 2013

10. More Questions
Resurfacing of Roadways
How Did This Joint DOJ/DOT (FHWA)Technical Assistance Come About?
Alterations vs. Maintenance
 Prior DOT guidance from September 2006 stated
 More specific examples of alterations and maintenance
 Including distinction between structural resurfacing (alteration) and
non-structural resurfacing (maintenance)
 Different levels of specificity defining alterations between DOJ and DOT
created:
 Confusion in application
 Inconsistency in enforcement
 Questions from stakeholders

11. BRIEFINGMEMO
SUBJECT: DepartmentofJustice/DepartmentofTransportationJointTechnical
AssistanceonTitleIIoftheAmericanswithDisabilitiesActRequirementstoProvide
CurbRampswhenStreets,Roads,orHighwaysareAlteredthroughResurfacing
ISSUE: Throughoutthenation,therearedifferentinterpretationsandinconsistenciesin
enforcementofwhencurbrampsarerequired.
ADA Maintenance ADA Alterations
CrackFillingandSealing
SurfaceSealing
ChipSeals
SlurrySeals
FogSeals
ScrubSealing
JointCrackSeals
Jointrepairs
DowelBarRetrofit
SpotHigh-FrictionTreatments
DiamondGrinding
PavementPatching
Open-gradedSurfaceCourse
CapeSeals
Mill&Fill/Mill&Overlay
HotIn-PlaceRecycling
Microsurfacing/ThinLift
Overlay
AdditionofNewLayerof
Asphalt
AsphaltandConcrete
Rehabilitationand
Reconstruction
NewConstruction

12. Joint DOJ/DOT (FHWA)Technical Assistance
Joint Technical Assistance
 Distinguishes alterations from maintenance based on the type of road
treatment:
Chip Seals Fog Seals Scrub Sealing
Crack Filling and Sealing Joint Crack Seals Slurry Seals
Diamond Grinding Joint repairs Spot High-Friction Treatments
Dowel Bar Retrofit Pavement Patching Surface Sealing
Addition of New Layer of Asphalt Mill & Fill / Mill & Overlay
Cape Seals New Construction
Hot In-Place Recycling Open-graded Surface Course
Microsurfacing / Thin-Lift Overlay Rehabilitation and Reconstruction

13. Part 35 Nondiscrimination on the Basis of Disability in State and Local
Government Services Act Title II regulations
(as amended by the final rule published on September 15, 2010
Compliance Date for New Construction or
Alterations
Applicable Standards
Before September 15, 2010 1991 Standards or UFAS
On or after September 15, 2010, and before
March 15, 2012
1991 Standards, UFAS, or
2010 Standards
On or after March 15, 2012 2010 Standards
Appendix
35.151(c)

14. On or after March 15, 2012 2010 Standards
• City of Lakeland looked at above date and
began looking at prior years resurfacing
programs.
• Utilized the PROWAAG requirements
• Stopped all planned resurfacing until ramps
along previous resurfacing we brought of to
new standards
• Utilized GIS to identify ramps adjacent to
resurfaced roads.
• We were not alone…

15. ADA
Complianc
e Training
ADA Law Requires
• Overlays and resurfacing =
alteration.
Curb ramps must meet the latest
standards. As per Federal court
case (Kinney vs. Yerusallim, 813 F.
Supp. 547 F.D. PA 1993)
Resurfacing
improved/altered
the crosswalk
28 C.F.R. § 35.151(b) Alterations have to be made readily accessible,
within the impacting project, to the maximum extent feasible.
Kinney v. Yerusalim - Court held that the
Resurfacing constituted
an alteration

18. ADA 2010 (PROWAAG) some of requirements
• Clear Width
• The curb ramp must be clear of obstacles within the required
clear width of 48 inches. This clear width applies to the
pedestrian access route within the ramp, which includes the
ramp run, exclusive of flared sides.
• Detectable Warning Surface
• Curb ramps shall have a detectable warning surface consisting
of truncated domes extending along the full width of the curb
ramp.
• Turning Space or Level Landing
• A minimum 4’ x 4’ turning space shall be provided at the bottom
of a parallel curb ramp or the top of a perpendicular curb ramp.
If the turning space is constrained on 2 or more sides, the
turning space shall be 4’ x 5’. The 5’ dimension is in the direction
of the street crossing.
• The maximum slope of the turning space is 2%

19. Action steps
• Created a checklist to determine if existing ramps
along planned resurfacing met 2010 compliant.
• Initially had engineer go out with form contained
within an Ipad.
• Once determination was made to replace
contract was put in place to begin rebuilding
ramps
• Learning process between divisions as well as
contractor. What is best way to build

20. Developed a Ramp checklist

21. What division has final say of design??
Engineering/Maintenance
More on that later…..

22. Obstacles faced
Utilities

24. Adjusting Brick Roads

28. Adjusting Asphalt Roads

30. Cost of New Ramps
• 84 (number of ramps built)
• Sidewalk 4” associated with Ramp $5,568
• ADA Ramp 6” $74,263
• Brick Repair (Crosswalks etc) $699.00
• Domes $25,988
• Asphalt Repair (COL Crews) $17,087
• Total $123,605

31. Comparing 2013 and 2015 Bulletins

32. 2013 Again what we previously
pursued
• An important part of this requirement is the
obligation whenever streets, roadways, or
highways are altered to provide curb ramps
where street level pedestrian walkways cross
curbs. This requirement is intended to ensure
the accessibility and usability of the
pedestrian walkway for persons with
disabilities.

33. December 2015
• Q1: When a pavement treatment is
considered an alteration under the ADA and
there is a curb ramp at the juncture of the
altered road and an existing sidewalk (or other
prepared surface for pedestrian use), but the
curb ramp does not meet the current ADA
Standards, does the curb ramp have to be
updated to meet the current ADA Standards at
the time of the pavement treatment?

34. 2015 cont..
• Answer (A1): It depends on whether the
existing curb ramp meets the appropriate
accessibility standard that was in place at the
time it was newly constructed or last altered

35. 2015 cont…
• As a result of this “safe harbor” provision, if a
curb ramp was built or altered prior to March
15, 2012, and complies with the requirements
for curb ramps in either the 1991 ADA
Standards for Accessible Design (1991
Standards, known prior to 2010 as the 1991
ADA Accessibility Guidelines, or the 1991
ADAAG) or UFAS, it does not have to be
modified to comply with the requirements in
the 2010 Standards

36. Similarities 1991 and 2010
• In order to field verify that a curb ramp is compliant to the 1991 standard,
evaluate the following criteria:
• Running Slope
• The maximum slope of a ramp run shall not exceed 1:12 (8.3%). This
standard applies to both the 1991 and to current standards.
• Counter Slope
• The maximum slope of adjoining gutters, road surface immediately
adjacent to the curb ramp, or accessible route shall not exceed 1:20 (5%).
This standard applies to both the 1991 and to current standards.
• If all other criteria meet the 1991 standard, but the existing counter slope
exceeds 5%, and the resurfaced road will result in meeting the standard,
this criterion alone does not trigger the requirement to upgrade the ramp,
because it would be 1991 compliant without performing any work on the
ramp.
• Cross Slope
• Nowhere shall the cross slope of an accessible route exceed 1:50 (2%). This
standard applies to both the 1991 and to current standards.

37. Differences between 1991 and 2010
• Clear Widths 1991 36” ____ 2010 48”
• No turning space or level landing requirement
existed for curb ramps in the 1991 .
• Question- Is Landing required at both top and
bottom?
• Answer:
• It’s required through FDOT from the ADA
Standards for each curb ramp to have a landing at
the top (2% max. slope, to provide an opportunity
for a wheelchair to pass the curb ramp on the
sidewalk) and at the bottom (5% max. slope, to
provide transition and maneuvering space).
• Dean Perkins, Architect, CPM
• ADA Coordinator, Florida DOT

38. Sidewalks Prior to 2015
• On January 22, 2004, in the case of
Barden v. Sacramento, the 9th Circuit
Court ruled that sidewalks were a
“program” under ADA and must be made
accessible to persons with disabilities
• Previously only curb ramps were looked at
during projects.

39. December 2015 Brief
• Q8: If an existing curb ramp is replaced as part
of a resurfacing alteration, is there an
obligation to address existing obstacles on the
adjacent sidewalk at the same time?

40. December 2015
• A8: No. The Joint Technical Assistance addresses
those requirements that are triggered when a
public entity alters a roadway where the roadway
intersects a street level pedestrian walkway (28
CFR 35.151(i)). Public entities are required to
address other barriers on existing sidewalks, such
as steep cross slopes or obstructions, as part of
their on-going program access and transition
plan obligations under title II of the ADA and
Section 504 and in response to requests for
reasonable modifications under the ADA or
reasonable accommodations under Section 504.
See 28 CFR 35.105, 35.130(b)(7), and 35.150(d);
see also 49 CFR 27.7(e), 27.11(c)(2).

41. Basics of Curb Ramps/Sidewalks during
resurfacing
• ADA Title II – Public Services
• – Ramps built prior March 15,2012 must meet
1991 specifications for slope.
• – Surface must Stable, Firm, Slip Resistant
• – Must have detectable warning
• – Elevation difference ¼” Max
• – Features on sidewalks and curb ramps must
be accessible

42. ADA
Complianc
e Training
Basic ADA Requirements
Surface - SSttaabbllee,, Firm & Slip RReessiissttaanntt
Designing Pedestrian Facilities for Accessibility

43. ADA
Complianc
e Training
Basic ADA Requirements
• Detectable Warning Surface (DWS)
What is a DWS?
Raised truncated domes in
a rectangular array.
Where do you place them?
Placed across the bottom of
the curb ramp.
What exactly do they do?
Aid those visually impaired
to identify the end of the
ramp.
DWS = Stop
guidance does not specify a particular color but requires the detectable warning to
be a color that contrasts with the sidewalk---light on dark or dark on light
Designing Pedestrian Facilities for Accessibility

44. ADA
Complianc
e Training
Basic ADA Requirements
Elevation
Differences
¼”Max
” max
Unexpected vertical drops or vertical
rises in grade within the pedestrian path
can cause falls and wheelchairs to
bottom out.
Designing Pedestrian Facilities for Accessibility

45. ADA Law Requires
• Existing facilities that have not been altered,
shall not deny access to persons with disabilities
The absence of a
curb ramp denies
access to the
existing sidewalk.

46. Pedestrian Access Route (PAR)

47. But the plans said…

48. New (Resurfacing) Project
As of 12/2015
If it is considered an
Alteration
Existing Sidewalks /
Curb Ramps
No
Proceed w/Work
Yes
Meets 1991 or 2010 Standards (Record
in GIS)
Yes*
Proceed w/Work
No
Install/Update
Curb
Ramps/Sidewalk
record in GIS
*If sidewalk work is performed, then
curb ramps must be updated to 2010
standards

49. City of Lakeland
• Currently have GIS database of all ramps
• Those ramps within resurfacing, will be
documented as part of asset of ramp feature if
they met 1991 specifications. (Yes/No)
• If not brought up to 2010 standards these
ramps will need to be addressed in transition
plan.

50. City of Lakeland Concerns moving
forward
• Who performs inspections of over 4,000
ramps?? (Surveyors, Inspectors, Trades
workers)
• How to get data into corporate GIS database
(IPad utilizing ArcGIS online?)
• Tracking cost of ADA transition plans

51. Best Practice going forward
• ADA/ Sidewalk complaints seem to be fairly
commonplace
• frequently be resolved without the need for
costly litigation.
• The best defense to an ADA complaint is
compliance with the law.
• Maintain and keep you transitions plans fluid

52. Cont… To comply with ADA every state and
local government is required to prepare self
evaluation report
ADA Transition Plan
• Corrective Measures to be taken
• Implement a schedule for compliancy ( begin
with access to public facilities, city programs
and services.
• Create a financing plan as well as supportive
policies to present to
stakeholders/commissioners.

53. The Future of Facilities within Public
Rights of Way? (FDOT)
• USDOT / FHWA recommends using PROWAG
• criteria where ADA Standards do not address
an issue.
• RECOMMENDATION:
• Start learning PROWAG!
• www.access-board.gov/prowac/nprm.htm

56. QUESTIONS?