Ada resurface apwa_2019_presentation
- 1. Troy McCain Troy Williams Pavement Coordinator Inspector City of Lakeland City of Lakeland
- 2. Information, materials, are intended solely as informal guidance, and are neither a determination of your legal rights or responsibilities under the ADA, nor binding on any agency with enforcement responsibility under the ADA. The City of Lakeland and American Public Works Association is providing information, to entities that are covered by the ADA. http://www.fhwa.dot.gov/federal-aides...
- 3. Agenda • Review ADA regulations of curb ramps in regards to resurfacing roadways • Briefly Review 2013 along with 2015 supplement • Lakelands previous approach 2016 • Discuss issues faced while replacing ramps • Discuss transition plan requirements • Lakeland’s approach moving forward 2019
- 4. According to 2010 U.S. Census Bureau: About 56.7 million people — 19 percent of the population — had a disability About 8.1 million people had difficulty seeing, including 2.0 million who were blind or unable to see. About 7.6 million people experienced difficulty hearing. About 5.6 million used a hearing aid. About 19.9 million people had difficulty lifting and grasping. Up to 3%- or almost 200 million people - of the world’s population have cognitive disabilities.
- 5. In 1992, the U.S. Department of Justice issued 28 Code of Federal Regulations (CFR) Part 35, Nondiscrimination on the Basis of Disability in State and Local Government Services, to implement Subtitle A of Title II of the ADA All activities of state and local governments, including those that do not receive federal financial assistance. The regulation also incorporated specific rulings to address provisions in Titles I, III, and V of the ADA. Another provision in the regulation, 28 CFR 35.151, included the following requirements regarding new construction and alterations: A provision in the regulation, 28 CFR 35.150(d), included a requirement for state and local agencies to prepare a transition plan. More on that later…..
- 6. Objectives • How did we get here • 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 1990 Americans with Disabilities Act 1990 - ADA Standards for Accessible Standards Design 1991 - ADA Accessibility Guidelines (ADAAG) 2002 - Draft Proposed Rights-of-Way Accessibility Guidelines (PROWAG) 2005 - Revised Draft Proposed Rights-of-Way Accessibility Guidelines (PROWAG) 2010 - DOJ Adopts New ADA/ABA (Access Board) Standards 2011 - Proposed Guidelines for Public Rights-of-Way 2013 – Proposed Supplements to PROWAG and 2015 – Supplemental Questions and Answers to 2013
- 7. American with Disabilities is more than 25 years old. • In 2010, Federal Agencies took a closer look at compliance issues. • Department of Justice created a program called “Project Civic Access” • Ensure that title II entities come into compliance. • Major component is having a Transition Plan
- 8. ALTERATIONS VS. MAINTENANCE OLD GUIDANCE Prior USDOJ guidance stated the following: Paving, repaving, or resurfacing were generally considered alterations Filling a pothole was not considered to be an alteration Prior USDOJ guidance did not provide specific examples of maintenance activities
- 9. ALTERATIONS VS. MAINTENANCE OLD GUIDANCE - ALTERATION Prior USDOT(FHWA) guidance from September 2006 stated: “An alteration is a change to a facility in the public right-of-way that affects or could affect access, circulation, or use. Projects altering the use of the public right-of-way must incorporate pedestrian access improvements within the scope of the project to meet the requirements of the ADA and Section 504. These projects have the potential to affect the structure, grade, or use of the roadway. Alterations include items such as reconstruction, major rehabilitation, widening, resurfacing (e.g. structural overlays and mill and fill), signal installation and upgrades, and projects of similar scale and effect.”
- 10. ALTERATIONS VS. MAINTENANCE OLD GUIDANCE Different ways of defining alterations between USDOJ and USDOT created: Confusion in application Inconsistency in enforcement Many questions Difference in opinion between Federal Agencies (copy of letter) “The Department is deeply concerned that FHWA’s position on asphalt overlays of less than 1.5 inches directly conflicts with Department’s legal interpretation” for alteration
- 11. July 2013 Alteration vs. Maintenance • U.S. DEPARTMENT OF JUSTICE/U.S. DEPARTMENTOF TRANSPORTATION • (FEDERAL HIGHWAY ADMINISTRATION) JOINT TECHNICAL ASSISTANCE • ON RESURFACING PROJECTS • Applies to all public roadways, whether federally funded or not, regardless of ownership
- 12. 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
- 13. 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
- 14. 2013
- 15. 2013 cont… • Because resurfacing of streets constitutes an alteration under the ADA, it triggers the obligation to provide curb ramps (2010 standard) where pedestrian walkways intersect the resurfaced streets. • See Kinney v. Yerusalim, 9 F 3d 1067 (3rd Cir. 1993).
- 16. 2013 cont.. • 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.
- 17. Comparing 2013 and 2015 Bulletins
- 18. December 2015 bulletin • 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?
- 19. 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
- 20. 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
- 21. 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.
- 22. 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 . • FDOT LAP Projects: Exception
- 24. 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, PROWAG, FDOT, and DOJ standards.
- 25. Many agencies simply built ramps where there were no sidewalks
- 27. But the plans said…
- 28. Altered On or after March 15, 2012 2010 Standards • City of Lakeland 2016 looked at above date and began looking at prior years resurfacing programs. Based on 2015 Q&A • Utilized the PROWAAG requirements for ramps. • Stopped all planned resurfacing until ramps along previous resurfacing were brought up to new standards • Utilized GIS to identify ramps adjacent to resurfaced roads.
- 29. ADA 2010 (PROWAG) 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 top or 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%
- 30. Action steps Lakeland (2016) • Created a checklist to determine if existing ramps along previous 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
- 31. What division has final say of design?? Engineering/Maintenance
- 32. Developed a Ramp checklist
- 33. 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.
- 34. 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?
- 35. 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).
- 36. Lakeland’ approach going Forward with all alterations of roadways will be to bring all ramps up to 2010 standards.
- 37. Florida Department of Transportation ADA/Accessibility Program ADA Q&A – Introduction
- 39. LAKELANDS PHASED APPROACH TO EXISTING RAMPS • Include returns and intersections where previously we did not when containing ramps • Review and Identify existing ramps. • Confirm they do not meet 2010 standards • Replace existing ramps and sidewalk at ramp where needed. • Create temporary wedges with asphalt until resurfacing is complete. • Capture data with work management/GIS program. • Other not so common situations
- 40. City of Lakeland 2016 • Currently have GIS database of all ramps • 2019 Ramps are in work management program • Those ramps within resurfacing, will be documented as part of asset of ramp feature if they met 1991 specifications. (Yes/No) • 2019 replace all ramps adjacent to roadway • If not brought up to 2010 standards these ramps will need to be addressed in transition plan. • 2019 transition plan will address sidewalks and make statement to replace ramps during resurfacing
- 41. City of Lakeland Concerns moving forward 2016 • Who performs inspections of over 4,000 ramps?? (Surveyors, Inspectors, Trades workers Contractor?) 2019 Contractors • How to get data into corporate GIS database (IPad utilizing ArcGIS online?) 2019 Updates in Work Management Program • Tracking cost of ADA 2019 Line item in Transportation budget for ramps
- 42. ADA SELF-EVALUATION AND TRANSITION PLAN Lakeland 2019 • Completion of a Self-Evaluation; Lakeland currently having all sidewalk and ramps evaluated • Development of an ADA complaint procedure; Done • Designation of at least one person who is responsible for overseeing Title II. Created ADA Specialist • Development of a Transition Plan to schedule the removal of the barriers uncovered by the Self- Evaluation process. Currently finalizing plan…
- 45. Ramps that “touch” alteration
- 46. Lakeland approach is to do all ramps within the right of way
- 61. Capturing and recording Data • Inspectors utilize computer or ipad to record specific measurements • Using our work management program that contains assets • If compliancy cannot be built, state reason in comments.
- 64. Not Common
- 65. Added Curb Ramp
- 66. Ramps to nowhere
- 68. Cost of New Ramps • 54 (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
- 69. Where is funding coming from?
- 70. 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.
- 71. 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)
- 72. 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
- 73. Best defense to ADA complaint is compliance with the law • Sidewalks and curb ramps can cause safety concerns under the best of circumstances • agencies must be vigilant in inspecting and maintaining their property • take steps to improve the safety of the system whenever the opportunity presents itself
- 74. ADA Complianc e Training Basic ADA Requirements Surface - SSttaabbllee,, Firm & Slip RReessiissttaanntt Designing Pedestrian Facilities for Accessibility
- 75. 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
- 76. 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
- 77. Title II of the ADA requires public entities to maintain equipment and features of facilities to ensure accessibility to individuals with disabilities.
- 78. 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.
- 79. 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
- 80. Documents Available Online at www.access-board.gov • Proposed Guidelines for Public Rights-of-Way • Accessible Public Rights-of-Way: Planning and Designing for Alterations • Accessible Sidewalks (DVD) • Detectable Warnings Update • Manufacturers of Detectable Warning Products • Research Reports
- 82. QUESTIONS?