Res 2007-204 - Laserfiche WebLink

Home Browse Search

(questions about Answers About AllA/section SU4 - Ottice of Civil Kights - 1~'HWA Yage 5 of 11 17 18 What projects constitute an alteration to the public right-of-way? An alteration is a change to a facility in the public right-of-way that affects or could affect access, circulation, altering the use of the public right-of-way must incorporate pedestrian access improvements within the scope meet the requirements of the ADA and Section 504. These projects have the potential to affect the structure the roadway. Alterations include items such as reconstruction, major rehabilitation, widening, resurfacing (e.~ overlays and mill and fill), signal installation and upgrades, and projects of similar scale and effect. (9-12-06) What activities are not considered to be alterations? The DOJ does not consider maintenance activities, such as filling potholes, to be alterations. The DOJ does resurfacing beyond normal maintenance to be an alteration. DOJ's ADA Title II Technical Assistance Manua 1993. The FHWA has determined that maintenance activities include actions that are intended to preserve the sys deterioration, and maintain the functional condition of the roadway without increasing the structural capacity. include, but are not limited to, thin surface treatments (nonstructural), joint repair, pavement patching .(filling shoulder repair, signing, striping, minor signal upgrades, and repairs to drainage systems. (9-12-06) Timing of Accessibility Improvements 19 20 21 22. COSt 23 Does a project altering a public right-of--way require simultaneous accessibility improvements? Yes. An alteration project must be planned, designed, and constructed so that the accessibility improvement of the project occur at the same time as the alteration. 29 CFR § 35.151; Kinney v. Yerusalim, 9 F.3d 1067 cert. denied, 511 U.S. 1033 (1994). The ADA does not stipulate how to perform simultaneous accessibility improvements. For example, a public. select specialty contractors to perform different specialized tasks prior to completion of the alteration project with an ongoing project. (9-12-06) When does the scope of an alteration project trigger accessibility improvements for people with disabilities? The scope of an alteration project is determined by the extent the alteration project directly changes or affec of-way within the project limits. The public agency must improve the accessibility of only that portion of the p changed or affected by the alteration. If a project resurfaces the street, for accessibility purposes the curbs the pedestrian crosswalk are in the scope of the project, but the sidewalks are not. Any of the features distur construction must be replaced so that they are accessible. All remaining access improvements within the pu shall occur within the schedule provided in the public agency's planning process. (9-12-06) Do maintenance activities require simultaneous improvements of the facility to meet ADA standards? No. Maintenance activities do not require simultaneous improvements to pedestrian accessibility under the f 504. However, in the development of the maintenance scope of work identified accessibility needs should be the transition process. (9-12-06) When should accessible design elements be incorporated into projects in the public right-of--way? FHWA encourages the consideration of pedestrian needs in all construction, reconstruction, and rehabilitatic public agency provides pedestrian facilities, those facilities must be accessible to persons with disabilities. A not relieved of its obligation to make its pedestrian facilities accessible if no individual with a disability is kno~ particular area. This is true regardless of its funding source. DOJ's ADA Title II Technical Assistance Manua 1993. (9-12-06) How does cost factor into a public agency's decision in its transition plan concerning which existing facilities ADA and Section 504 pedestrian access requirements? For existing facilities requiring accessibility improvements as scheduled in the transition plans, the public agE accessibility improvements unless the cost of the upgrades is unduly burdensome. The test for being unduly the proportion of the cost for accessibility improvements compared to the agency's overall budget, not simply http://www.fhwa.dot.gov/civilrights/ada_ga.htm ~~t~-Ac~ 11~kX.tC00~