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Last modified
2/25/2008 2:44:08 PM
Creation date
12/5/2007 10:04:19 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2007-204
Date
12/4/2007
Volume Book
173
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Questions about Answers About ADA/Section 504 -Office of Civil Rights -FHWA <br />§35.150(d)(2). The transition plan should accomplish the following four tasks: <br />Page 4 of 11 <br />identify physical obstacles in the public agency's facilities that limit the accessibility of its programs c <br />individuals with disabilities; <br />2. describe in detail the methods that will be used to make the facilities accessible; <br />3. specify the schedule for taking the steps necessary to upgrade pedestrian access to meet ADA and <br />requirements in each year following the transition plan; and <br />4. indicate the official responsible for implementation of the plan. 28 CFR §35.150(d)(3). (9-12-06) <br />12. How does the transition plan relate to a public agency's transportation planning process? <br />The ADA transition plan is intended to identify system needs and integrate them with the State's planning pry. <br />transition plan and its identified needs should be fully integrated into the public agency's Statewide Transpor <br />Improvement Program (STIP) and metropolitan Transportation Improvement Program (TIP). Agencies shout <br />accessibility improvements into the transportation program on an ongoing basis in a variety of ways: <br />Any construction project that is programmed must meet accessibility requirements when built. <br />Accessibility improvements identified in the transition plan that are not within the scope of an alterati <br />be incorporated into the overall transportation planning process. This can be accomplished through <br />of stand-alone accessibility projects. <br />As a means to identify ADA compliance needs, during scheduling maintenance activities, the agenci <br />ADA accessibility needs and incorporate them into the overall transportation planning process. (9-1~ <br />13. What public agencies must make a transition plan? <br />The ADA requires any public agency with more than 50 employees to make a transition plan setting forth the <br />to make its facilities accessible to persons with disabilities. 28 CFR §35.150(d). (9-12-06) <br />14. When should the FHWA review an agency's transition plan? <br />DOT Section 504 regulation requires FHWA to monitor the compliance of the self-evaluation and transition ~ <br />aid recipients (49 CFR §27.11). The FHWA Division offices should review pedestrian access compliance wit <br />Section 504 as part of its routine oversight activities as defined in their stewardship plan. (9-12-06) <br />15. When and how should a transition plan be updated? <br />An agency's transition plan should have been completed by January 26, 1992, and should be based on upd; <br />evaluation conducted to comply with the requirements of Section 504. 28 CFR §35.105. The plan should be <br />periodically to ensure the ongoing needs of the community continue to be met. The transition plan should be <br />appropriately with the STIP and the TIP. Changes to the plan shall be made available to the public for comm <br />agency should specifically target any local community groups representing persons with disabilities for comr <br />that the agency is meeting the local priorities of the persons with disabilities in that community. If a public ag <br />completed a transition plan, the Division should inform the public agency to complete a transition plan now a <br />public agency's completed transition plan. <br />The ADA deadline for completing the improvements listed in the transition plans was January 26, 1995. For <br />localities that have not completed their self-evaluation and transition plans, it is critical that they complete thi <br />06) <br />Projects Covered by the ADA and Section 504 <br />16. What projects must provide pedestrian access for persons with disabilities? <br />Any project for construction or alteration of a facility that provides access to pedestrians must be made acce <br />with disabilities. 42 U.S.C. §§ 12131 - 12134; 28 CFR §§ 35.150, 35.151; Kinney v. Yerusalim, 9 F.3d 106. <br />cert. denied, 511 U.S. 1033 (1994). (9-12-06) <br />http://www.fhwa.dot.gov/civilrights/ada_ga.htm ~/~28~/_2007_ ,u~ <br />
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