Transcript 2006 Cannon 3

www.access-board.gov
Public Rights-of-Way Training
Accessibility Regulation
Scott Windley, PROW Team Leader
Dennis Cannon, Transportation Specialist
Lois Thibault, Research Coordinator
U.S. Access Board
[email protected]
Part 1: The Regulatory Foundation
1/Laws, regulations, and standards
governing access to the public
right-of-way
2/The rulemaking process
Three accessibility LAWS…
►
Architectural Barriers Act (ABA)
of 1968
►
Rehabilitation Act of 1973 (‘504’)
►
Americans with Disabilities Act (ADA)
of 1990
Federal agency construction: ABA
Federally-supported programs: 504
State and local governments
and commercial facilities: ADA
The Americans with Disabilities
Act (ADA)…
►
is civil rights law that prohibits
discrimination
► covers State and local
governments (title II) and the
private sector (title III)
regardless of funding
Laws require REGULATIONS…
► to implement the law;
► to provide standards for new
construction and alterations; and
► to cover other issues, such as
existing facilities and enforcement.
Regulations apply STANDARDS
►
►
►
to prescribe a means of achieving
the required access in new and
altered facilities and
to provide a safe harbor for
designers.
Title II entities may choose either
UFAS (1984) or ADAAG (1991);
title III entities must use ADAAG
Accessibility standards are…
►
a ‘gold standard’ for new
construction;
►
a ‘goal’ for alterations (meet new
construction standards ‘to the
maximum extent feasible’), and
►
a ‘guiding idea’ for existing facilities
not otherwise being altered.
Guidelines…? Standards…?
►
the US Access Board is responsible
for developing accessibility
guidelines;
►
other Federal agencies adopt the
guidelines as standards
Title II of the ADA…
►
is an implementing regulation;
►
covers State and local government
services and facilities;
►
covers existing facilities differently
than new and altered facilities;
►
applies even if there are no
design/construction standards.
Title II of the ADA covers…
ON YOUR OWN…
Subpart A – General
Subpart B – General Requirements
Subpart C – Employment
Subpart D – Program Accessibility
Subpart E – Communications
Subpart F – Compliance Procedures
Subpart G – Designated Agencies
Title II: Maintenance
35.133 Maintenance of accessible
features. “This section recognizes that it is
not sufficient to provide features such as
accessible routes…if those features are not
maintained in a manner that enables persons
with disabilities to use them…[This section
does not prohibit isolated or temporary
interruptions in service due to maintenance
or repairs].”
Title II: Communications
Subpart E – Communications
35.160 General.
“A public entity shall take appropriate
steps to ensure that communications
with applicants, participants, and
members of the public with disabilities
are as effective as communication with
others.”
Title II: Program accessibility
Subpart D – Program Accessibility
35.150 Existing facilities.
“A public entity shall operate each
service, program, or activity so that
the service, program, or activity,
when viewed in its entirety, is readily
accessible to and usable by individuals
with disabilities…”
Title II: New facilities
“35.151 New construction and
alterations.
Each facility…constructed by, on behalf
of, or for the use of a public entity shall
be designed and constructed in such
manner that the facility …is readily
accessible to and usable by individuals
with disabilities…”
‘Readily accessible to and
usable by…’ means:
“...thatUFAS
it can
be approached,
entered,
and
Because
and ADAAG
were developed
for buildings
used
by individuals
with
disabilities
and
facilities
on sites, agencies
designing
and constructing
(including
mobility,
sensory,
and
cognitive
pedestrian facilities had to apply the requirements as best
impairments) easily and conveniently… To
they could to the very different environment of the
the extent that a particular type or
public right-of-way.
element of a facility is not specifically
addressed by the standards, the language
of this section is the safest guide.”
On your own…
Because ADAAG does not yet include
provisions specific to the public right-ofway, designers today must adapt current
building standards in order to meet the
law’s requirements for accessibility.
Results?
► uncertainty;
► complaints and lawsuits;
► court orders to re-do new work.
We’re from the government,
and we’re here to help…
In 1992, as part of a larger rulemaking
on state and local government facilities,
the Board set out to adapt ADAAG to
the particular constraints of sidewalks,
street crossings, and related pedestrian
facilities in the public right-of-way.
Whatever happened to section 14?
1992 Proposed Rule for State/Local Government Facilities
Section 11
Section 12
Section 13
Section 14
Judicial, Legislative and Regulatory Facilities
Detention and Correctional Facilities
Residential Facilities
Public Rights-of-Way
1994
Interim Final Rule
1998
1994
Final Rule (sections 13 and 14 were reserved)
Technical assistance and outreach
1999
Advisory Committee
2001
Committee recommendations
Public Rights-of-Way Access
Advisory Committee [PROWAAC]
Stakeholders included 53 transportation and disability
representatives, including Federal, State, and local
government agencies
Committee Report
“Building a True Community”
Recommendations for new guidelines for public rightsof-way presented at TRB in January 2001 by PROWAAC,
including FHWA, ITE, AASHTO, APWA, and APTA
Rulemaking is a 2-step process:
The Access Board develops minimum
guidelines:
► under the ADA, DOJ and DOT adopt
enforceable standards consistent with
Board guidelines;
► under the ABA, DOD, GSA, HUD and
USPS adopt enforceable standards;
► Rehab Act standards are set by
individual agency rulemaking.
Current rulemaking milestones…
►
►
►
►
►
►
►
Draft rule (June 17, 2002)
Public comment (October 28, 2002)
Review/analyze comments (completed)
Present recommendations for Board
approval (just completed)
Publish revised draft (November 2005)
Prepare Regulatory Analysis for OMB
approval (~Spring 2007)
Publish NPRM for comment (~2007)
What are current right-of-way
requirements?
The ADA requires accessible new
construction even if there are no
adopted standards, so:
►
►
►
use basic accessibility guidelines as
they are applicable;
seek out information on best
practices (Draft 2), and
document your decisionmaking.
For more information:
Access Board website: www.access-board.gov
Technical assistance hotline: 800/872-2253 (v)
800/993-2822 (tty)
Publications:
--accessible sidewalks design manual
--accessible sidewalks videotape
--synthesis on detectable warnings
--research on controllers and APS
--bulletin on roundabout accessibility