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l1uestions about Answers About AlJAi~ecnon Ju4 - urnce or Livit Kigrits - rriwA rage e or t t 28 CFR Part 35, App. A, discussion at §35.150, ¶¶ 4 - 7 The decision that pedestrian access would be unduly burdensome must be made by the head of a public ag official's designee, accompanied by a written statement of the reasons for the decision. 28 CFR §35.150(a)( 24. For a new project planned outside of the transition plan, with ADA accessibility improvements required to m~ readily accessible and useable by individuals with disabilities, can cost be a reason not to complete an ADA accessibility improvement? No. Cost may not be a reason to fail to construct or delay constructing a new facility so that the facility is rea and useable by persons with disabilities under the ADAAG standards. 28 CFR §35.151(a); see DOJ Technic Manual for Title II of the ADA, II-6.3100(3). (9-12-06) 25. For an alteration project planned outside of the transition plan, with ADA accessibility improvements requires of the project, can cost be a reason to decide what ADA-required improvements will be completed? No. Cost may not be a reason for a public entity to fail to complete an ADA-required improvement within the alteration project under the ADAAG standards. A public agency must complete any ADA-required accessibil within the scope of an alteration project to the maximum extent feasible. 28 CFR §35.151(b); DOJ Technical Manual for Title II of the ADA, II-6.3100(4). (9-12-06) 26. What role does the "maximum extent feasible" standard play for ADA accessibility requirements in altered pi In an alteration project, the public agency must incorporate the ADA accessibility standards to the maximum 28 CFR §35.151(b). The feasibility meant by this standard is physical possibility only. A public agency is exe the ADA standards in the rare instance where physical terrain or site conditions restrict constructing or alterii the standard. ADA Accessibility Guidelines 4.1.6(1)(j). Cost is not a factor in determining whether meeting standards has been completed to the maximum extent fc ADA Title II Technical Assistance Manual, § II-6.3200(3)-(4), 1993. No particular decisionmaking process is determine that an accessibility improvement is not technically feasible, but the best practice is to document t enable the public agency to explain the decision in any later compliance review. (9-12-06) 27. What should a public agency do when it does not control all of the public right-of--way required to provide acs with disabilities? The public agency should work jointly with all others with interests in the highway, street, or wa-kway to ens access improvements occur at the same time as any alteration or new project. The ADA encourages this co. making each of the public agencies involved subject to complaints or lawsuits for failure to meet the ADA an requirements. 28 CFR §§ 35.170 - 35.178. (9-12-06) 28. Can a public agency delay compliance with the ADA and Section 504 on alteration projects through a syste~. schedule projects? No. All pedestrian access upgrades within the scope of the project must occur at the same time as the alter Yerusalim, 9 F.3d 1067 (3d Cir. 1993), cert. denied, 511 U.S. 1033 (1994). (9-12-06) Elements of Accessible Design 29. What are the elements of an accessible design? Public agencies have the choice of whether to follow the standards in the ADA Accessibility Guidelines (ADS. Uniform Federal Accessibility Standards (UFAS). 28 CFR §35.151(c); (appendix A to 28 CFR Part 36). FHV~ public agencies to use ADAAG. Under the ADAAG standards, an accessible design to a highway, street, or accessible sidewalks and curb ramps with detectable warnings. 28 CFR §35.151 (c) and (e) (curb ramps), A[ (accessible routes), 4.7 (curb ramps with detectable warnings), 4.29 (detectable warnings). Continuously ma sidewalks are required by the case of Barden v. City of Sacramento, 292 F.3d 1073 (9th Cir. 2002), cert. d 2639 (2003). Accessible pedestrian signals and signs must be considered, with a reasonable and consistent plan to facilit crossings. 28 CFR §35.151(c); 23 U.S.C. §217(8)(2). (9-12-06) http://www.fllwa.dot.gov/civilrights/ada_ga.htm ~~T,~{Iu1201~3T'