Streets, Sidewalks & Everything in Between Part 1
Background Part 2 Public Rights of Way Part 3 Shared Use Paths
& Trails Dean Perkins, RA - ADA Coordinator, Florida DOT With
input from: Irene Bowen, JD - President, ADA One Jack Catlin, FAIA
- Partner, LCM Architects Engineering Tech Academy Tampa, FLOctober
11, 2011 ADA & Public Rights of Way
Slide 2
Streets, Sidewalks & Everything In Between How to ensure
pedestrian facilities within your public rights of way are
accessible to and useable by persons with disabilities. In this
Session, we will review: Laws, Regulations, Standards &
Guidelines Pedestrian Access Routes Crossings, Curb Ramps &
Detectable Warnings Street Furniture, Bus Stops & On-Street
Parking Maintenance and Alternate Routes Outdoor developed areas:
trails & shared use paths
Slide 3
Laws & Regulations Civil Rights Act of 1964 Rehabilitation
Act of 1973 Section 504 And Restoration Act of 1987 Americans with
Disabilities Act of 1990 And Amendments Act of 2008 ADA Regulations
for Titles II & III 1991 and 2010
Slide 4
Standards & Guidelines ADA Standards for Accessible Design
1991/1994 & 2010 ADA Standards for Transportation Facilities
2006 Guidelines for Accessible Public Rights of Way (PROWAG) NPRM
public comments -> 11/23/11
www.access-board.gov/prowac/nprm.htm#impacts Adoption in 2012?
Slide 5
Rights (of way) not on sites
Slide 6
New construction and alterations Title II regulations: 28 CFR
35.151(i) (unchanged from 1991) In new construction and
alterations, Streets/roads must have curb ramps (or similar) at any
intersection with barriers to entry from street level walkway
Street level pedestrian walkways must contain curb ramps (or
similar) at intersections to streets/roads. 6
Slide 7
Program access (existing facilities) Transition plan (required
if more than 50 employees) shall include schedule for providing
curb ramps or other sloped areas Priority to walkways serving
Government offices and facilities Transportation Places of public
accommodations Employers 28 CFR 35.150(d)(2) 7
Slide 8
Most courts: curb cuts and sidewalks are a program, service, or
activity Examples 9 th Circuit, Barden v. City of Sacramento, 2002
(Supreme Court didnt hear, settled) 6 th Circuit, Johnson v. City
of Saline, 1998 8
Slide 9
Houston (well, Arlington, Texas), we have a problem Residents
of Arlington, Texas, sued to make curbs, sidewalks, and parking
lots accessible. 9
Slide 10
Frame v. City of Arlington August 23, 2010, decision of 5 th
Circuit Sidewalks, curb cuts, parking lots arent services. Theyre
facilities. Individuals cant sue for modifications to these when
they dont prevent access to a title II service, program, or
activity. 10
Slide 11
Frame v. City of Arlington Rehearing granted January 26, 2011
Briefs filed May 2011 DOJ brief: A Citys provision and maintenance
of sidewalks, curbs, and parking lots qualify as services,
programs, or activities under title II.
http://www.justice.gov/crt/about/app/brief s/framesuppbrief.pdf
Decision pending 11
Slide 12
Avoid complaints and litigation Examples of settlements: Hawaii
California Los Angeles: final approval hearing scheduled for
October 20, 2011 bss.lacity.org/AccessRampsCla
ssActionPublicNotice.pdf Pending litigation over San Franciscos
plan www.sfgov2.org/ftp/uploadedfile s/mod/RampSidewalk08.pdf
www.flickr.com/photos/ubrayj0 2/3255529322/
Slide 13
DOJ Resources Tool Kit for State and Local Govts
www.ada.gov/pcatoolkit/toolkitmain.htm See Chapter 6 Chapter 6,
Curb Ramps and Pedestrian Crossings Check list (addendum) Survey
instructions (appendix) Survey Form (appendix) 13
Slide 14
New construction and alterations: FHWA resources Federal
Highway Administration implements and enforces the federal
requirements for public right-of-way, for those receiving federal
funds. Resources on web site Questions and Answers About ADA/
Section 504, www.fhwa.dot.gov/civilrights/programs/
ada_sect504qa.htm 14
Slide 15
More FHWA resources A memorandum describing FHWAs oversight
role on federal accessibility requirements
www.fhwa.dot.gov/civilrights/memos/ada_memo_clar ificationa.htm
FHWAs notice adopting the Access Boards draft accessibility
guidelines for the public right-of-way as currently recommended
best practices www.fhwa.dot.gov/environment/bikeped/prwaa.htm FHWAs
memorandum on detectable warnings
www.fhwa.dot.gov/environment/bikeped/dwm.htm 15
Slide 16
Questions?
Slide 17
Public Rights of Way Access Board published proposed guidelines
for public rights of way on July 26, 2011
www.access-board.gov/prowac/index.htm Proposal addresses sidewalks,
curb cuts, street crossings, on-street parking, other elements not
on a site Comments due November 23, 2011 17
Slide 18
Pedestrian Access Route (PAR) R204 & R301 PROW equivalent
to accessible route for sites & facilities Within the
pedestrian circulation path Sidewalks, crossings, courtyards, etc.
48 clear width minimum No reduction in width Exceptions for ROW
limitations 2% cross-slope May follow general grade of roadway
Supported slopes must meet 305.5 Ramps: slopes, landings,
handrails, etc.
Slide 19
Sidewalk grade ADAAG vs. PROWAG ADAAG 403.3 & 405.2:
Provide accessible route PROWAG R301.4.2: Match roadway grade ADAAG
PROWAG Pedestrian Access Route
Slide 20
R301.3.1 Continuous Width The minimum continuous and
unobstructed clear width of a pedestrian access route shall be 4
ft, exclusive of the width of the curb Measure from back of curb!
4
Slide 21
The Sidewalk Zone System Curb Zone Furniture Zone Pedestrian
Zone (PAR) Frontage Zone
Slide 22
Curb Zone FurnitureZone PedestrianZone Frontage Zone Zone
System: Residential
Slide 23
StreetParking Curb Zone FurnitureZone Pedestrian Zone (PAR)
Frontage Zone Zone System: Commercial
Slide 24
Street Furniture goes in the Furniture Zone Benches Public
Telephones Drinking Fountains Parking Meters Bus Shelters Bike
Racks (duh!)
Slide 25
Furniture Zone Randomly arranged street furniture clutters
sidewalk Creates an obstacle course Carefully arranged street
furniture leaves sidewalk clear
Slide 26
A Cross Slope Solution 2% Change of Material/Texture
Slide 27
Curb Ramps R207 & R303 Detectable Warning
Slide 28
Curb Ramp Conundrum Curbs are a cue for pedestrians who are
blind or have low vision Curbs are a barrier for persons in
wheelchairs Curb ramps remove the barrier for wheelchairs
Detectable warnings are a replacement cue to indicate location of
the street
Slide 29
Ramp Grade R303.2 Maximum grade 8.3% Least slope possible is
preferred Recommended maximum grade to allow for construction
tolerance 7.1% When chasing grade, ramp length need not exceed 15,
but slope must be uniform 7.1% desirable 8.3% max
Slide 30
Change of Grade (Counterslope) R303.3.5 PROWAG allows 8.3% ramp
and 5% grade at the adjacent street = 13.3% Recommendation: 11%
maximum Provide 2 level area if greater than 11% 8.33% MAX
Algebraic Difference Greater than 13% Not Permitted 5% MAX 8.33%
MAX 5% MAX Provide 24 Level Strip if Algebraic Difference Exceeds
11% 24
Slide 31
Change of Grade Without the flat area, a wheelchair can get
stuck at the bottom of the ramp or flip forward or backward
Slide 32
Detectable Warnings R221 & R304 Truncated Domes in aligned
pattern Required where curb ramps, blended transitions or landings
provide a flush pedestrian connection to the street. Not required
at residential driveways Recommended at commercial driveways with
traffic control devices or which operate like public streets
Signals, stop signs, yield signs, etc.
Slide 33
Detectable Warnings Truncated Domes Aligned pattern
Color/contrast with surrounding materials Light-on-dark
Dark-on-light Black, Brown, Brick-red, Green, Safety yellow, etc.
Not Blue!
Slide 34
Perpendicular Curb Ramps R304.2.1 24 Place DWs at back of curb
or at grade break
Slide 35
Directional/Linear Ramps R304.2.1 Equal to or less than 5 feet
setback from bottom of curb ramp... Place DW at grade break if
level landing at bottom of ramp is 5 deep or less 5
Slide 36
> 5 Directional/Linear Ramps R304.2.1 Greater than 5 feet
setback... Place DW on bottom landing if landing is more than 5
deep at any point
Slide 37
Parallel Ramps R303.2.2 24 LANDING
Slide 38
Blended Transitions R304.2.2
Slide 39
Pedestrian Crossings R305 Curb ramp must be wholly within
markings Slope = cross-slope of roadway Cross Slope:
STOP-controlled 2% max. Non - STOP-controlled 5% max. i.e., signal
or no control Mid-block match grade of roadway
Slide 40
Accessible Pedestrian Signals (APS) R208 & R306 Provide
pedestrian signal information in usable formats, both audible and
vibrotactile Information in redundant format benefits all
pedestrians Increase the efficiency of pedestrian timing (research
shows reduction in vehicle delay)
Slide 41
Accessible Pedestrian Signals Key features: Speakers at the
pushbutton Pushbutton locator tone Tactile arrow Audible and
vibrotactile walk indications Automatic volume adjustment
Speaker
Slide 42
Speakers Tactile Arrows
Slide 43
Pushbutton Locations 2009 MUTCD NOTE: If APSs cannot be placed
at least 10 apart, they must speak to you. It must be clear which
button controls which crossing. (per MUTCD)
Slide 44
APS Location Appropriate placement of APSs Not so appropriate
placement of APSs
Slide 45
Bus Stops When siting a new bus stop Must be on accessible
route 48 min. (PROWAG) 60 recommended This may be sidewalk or paved
shoulder Must have accessible approach to bus stop 48 min. width 60
recommended Leads to / part of boarding & alighting area Meets
running slope/cross slope criteria Firm, stable &
slip-resistant Must consider potential installation of boarding and
alighting area & other features
Slide 46
Bus Stops If provided Boarding & Alighting area: Place for
bus lift/ramp to deploy Firm, stable and slip-resistant surface
(ADAS & PROWAG) Firm and stable surface (ADASTF) Must connect
to streets, sidewalks, etc Sidewalk, curb ramps, etc. 5 min. width
parallel to roadway 8 min. depth perpendicular to roadway NOTE: If
low-floor, ramp-equipped bus is used, the B&A area should be
raised (curb height). 5 x 8 B&A area 8 min. 5 min.
Slide 47
Bus Stops If provided bus bench: Must be on accessible route
Must not block accessible route 48 min. clearance 60 recommended
Must have maneuvering space adjacent to bench 30 x 48 min. Allow
shoulder-to-shoulder seating for companion Allow transfer to bench
(if desired) Seat length: 42 min. Seat height: 17-19 Seat back:
2-18 above seat Armrest recommended
Slide 48
Bus Stops If provided bus shelter: Must be on accessible route
May not block accessible route 48 min. clearance 30 x 48 min. clear
floor area within shelter 48 min. approach to clear floor area 48
min. approach to boarding & alighting area
Slide 49
Primary Issues: Flush shoulder No curb/gutter Shoulder is
sloped away from the roadway Most kneeling buses are designed to
deploy front ramps on 6 curbs 1:6 slope allowed on ramp deployed on
curb (ADAAGBV*) Use on flush shoulder causes ramp to be too steep
for safe use. * ADAAGBV = ADA Accessibility Guidelines for Buses
and Vans Rural bus stops
Slide 50
Slide 51
Accessible Parking Spaces R216 & R308 Accessible on-street
parking space per block perimeter approx. 4% of total Table R216
Parking spaces are best located where the street has the least
crown & grade and close to key destinations (i.e., near
crosswalks)
Slide 52
Parallel Parking Spac es R308.2.1 Where the width of the
adjacent walkway exceeds 14 ft, a 5 wide access aisle shall be
provided at street level the full length of the parking space and
shall connect to a pedestrian access route serving the space.
>14 ft Min 5 ft
Slide 53
Parallel Parking Spaces R308.2.2 An access aisle is not
required where the width of the adjacent walkway is less than or
equal to 14 ft. When an access aisle is not provided, the parking
space shall be located at either end of the block face. 14 ft
Access aisle not required
Slide 54
Maintenance of PAR 28 CFR 35.133 Title II of the ADA requires
public entities to maintain equipment and features of facilities
that are required to provide ready access to individuals with
disabilities
Alternate Pedestrian Routes R302 Alternate Pedestrian Access
Routes are required to the maximum extent feasible when an existing
pedestrian access route is blocked by construction, alteration,
maintenance, or other temporary condition.
Slide 57
Alternate Circulation Path / Pedestrian Access Route R302
specifies that the alternate circulation path shall be: Provided on
the same side of the street as the disrupted route, to the maximum
extent feasible Where exposed to adjacent construction, traffic or
other hazards, shall be protected with a pedestrian barricade or
channelization device Continuous, stable, non-flexible Consist of
features identified in the MUTCD Chapter 6F Plastic tape is not
acceptable!!!
Slide 58
Pedestrian Access Routes - Features Include: Sidewalks Shared
Use Paths Crosswalks Pedestrian Signals Access to Transit Stops and
Shelters Etc.
Slide 59
Construction Work Zones Unfortunately, too many bad
examples
Very good! Measure before you build (Identity withheld)
Slide 62
Questions?
Slide 63
Outdoor areas AGODA (Accessibility Guidelines for Outdoor
Developed Areas) Draft guidelines published October 2009 Once
final, would be adopted and followed by federal agencies Access
Board would start considering same topic for state/local
governments, public accommodations Access Board starting guidelines
on shared use paths 63
Slide 64
Background On June of 2007 the Access Board issued an NPRM,
pursuant to the Architectural Barriers Act (ABA), to establish
accessibility guidelines for outdoor developed areas. Currently
applies to Federal Land Management Agencies - National Park Service
- U.S. Forest Service - Fish and Wildlife Service, Etc. Trails
Slide 65
Trails Definition: A pedestrian route developed primarily for
outdoor recreational purposes (A pedestrian route developed
primarily to connect elements, spaces, or facilities within a site
is not a trail)
Slide 66
Trails New Construction 1017.2 Surface. The surface of trails
and their related passing spaces and resting intervals shall be
firm and stable.
Slide 67
Trails New Construction 1017.3 Clear Tread Width. The clear
tread width of trails shall be 36 inches (915 mm) minimum.
Slide 68
Trails New Construction 1017.5 Obstacles. Tread obstacles on
trails and their related passing spaces and resting intervals shall
comply with 1017.5. 1017.5.1 Concrete, Asphalt, or Boards. Where
the surface is concrete, asphalt, or boards, tread obstacles shall
not exceed inch (13 mm) in height measured vertically to the
highest point. 1017.5.2 Other Surfaces. Where the surface is other
than specified in 1017.4.1, tread obstacles shall not exceed 2
inches (50 mm) in height measured vertically to the highest
point.
Slide 69
Trails New Construction 1017.7 Slopes. The slopes of trails
shall comply with 1017.7. 1017.7.1 Running Slope. No more than 30
percent of the total length of a trail shall have a running slope
steeper than 1:12. The running slope of any segment of a trail
shall not be steeper than 1:8.
Slide 70
Trails New Construction
Slide 71
1017.9 Protruding Objects. Constructed elements on trails and
their related resting intervals and passing spaces shall comply
with 307.
Slide 72
Trails New Construction 1017.10 Gates and Barriers. Where gates
or barriers are constructed to control access to trails, gates and
barriers shall comply with 1017.10.
Slide 73
Conditions for Exceptions Compliance is not feasible due to
terrain. Compliance cannot be accomplished with the prevailing
construction practices. Compliance would fundamentally alter the
function or purpose of the facility or the setting. Compliance is
precluded by the: Endangered Species Act (16 U.S.C. 1531 et seq.);
National Environmental Policy Act (42 U.S.C. 4321 et seq.);
National Historic Preservation Act (16 U.S.C. 470 et seq.);
Wilderness Act (16 U.S.C. 1131 et seq.); or Other Federal, State,
or local law the purpose of which is to preserve threatened or
endangered species; the environment; or archaeological, cultural,
historical, or other significant natural features
Slide 74
Definition: A shared use path is a multi-use path designed for
both transportation and recreation purposes. Shared Use Paths
Slide 75
Definition: Shared use paths typically are separated from
motorized vehicular traffic by an open space or barrier, either
within a highway right-of-way or within an independent
right-of-way. Shared Use Paths
Slide 76
Shared use paths are a type of trail designed to be part of a
transportation system, providing off-road routes for a variety of
users. The primary users of shared use paths are bicyclists and
pedestrians, including pedestrians using mobility devices such as
manual or motorized wheelchairs. Shared Use Paths
Slide 77
Resources U.S. Access Board www.accessboard.gov
www.access-board.gov/outdoor/index.htm
www.access-board.gov/sup/anprm.htm Department of Justice
www.ada.gov U. S. Forest Service
www.fs.fed.us/recreation/programs/accessibility/
Slide 78
Thank You! Danke Schn ! Arigato! Shokran! Xie Xie! Gracias!
Dhanya Vaad! Merci! Live long and prosper! Dean Perkins, RA, ADA
Coordinator, FDOT