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ADA/PROWAG Update for Local
Agencies
2016
Pam Broviak, P.E.http://www.publicworksgroup.com
Introductions
Audience
Environmental Barriers Act (EBA) – 1985 (IL)
Legal Framework
Rehabilitation Act of 1973, Sec. 502 & 504
Architectural Barriers Act - 1968
Americans with Disabilities Act (ADA) - 1990
ADA Amendments Act of 2008
Architectural Barriers Act - 1968
Architectural Barriers Act only applies to facilities designed, built, altered, or leased with certain federal funds.
The following agencies are responsible for ABA standards.
Legal Framework
Rehabilitation Act of 1973 – Section 502
U.S. Access Board25 Total Members
Meet every other month
13 12Public Members
Appointed by President4-year terms
Federal MembersRepresent
various federal agencies
Legal Framework
Rehabilitation Act of 1973 – Section 504
Prohibits discrimination against people with disabilities in federally funded programs and activities
Legal Framework
Section 504 was the first law requiring curb ramps to be installed on Federal-aid projects to improve accessibility.
Environmental Barriers Act - 1985
Any public facility or portion thereof that is constructed or altered
after the effective date of the EBA must comply with
the IAC
Legal Framework
https://www.illinois.gov/cdb/business/codes/Pages/IllinoisAccessibilityCode.aspx
Americans with Disabilities Act (ADA) - 1990
• The ADA is an "equal opportunity" law for people with disabilities.
• Title II covers all activities of state and local government (services, programs, and activities)
Legal Framework
ADA Amendments Act of 2008• Clarifies the scope of the definition of disability
under the ADA
Legal Framework
Laws Guidelines Standards
LegislaturePass
legislation
Access Board
Develop design
criteria and enforce ABA
Dept. of Justice(FHWA)
Adopt & enforce standards
Guidelines and Standards• ADA Accessibility Guidelines – 1991
• ADA Standards - 1991• Supplemented in 1998, 2000, 2002
• ADA/ABA Accessibility Guidelines – 2004• DOT adopts new ADA Standards for
facilities – 2006• DOJ adopts new ADA Standards -
2010
Legal Framework
Guidelines and Standards
Legal Framework
• ADA Standards for Transportation Facilities — DOT —2006
• ADA Standards — DOJ — 2010
Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-way
PROWAG • U.S. Access Board began PROWAG in
1992 and published rule in 2011• Published supplement for shared use
paths in 2013
Final Rule is yet to be publishedDOJ and DOT must adopt standards before it can be
enforced (~18 month time frame)
Legal Framework
Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-way
PROWAG
On January 23, 2006, the Federal Highway Administration issued a memorandum recognizing that PROWAG standards “are the currently recommended best practices, and can be considered the state of the practice that could be followed for areas not fully addressed by the present ADAAG standards.”
Legal Framework
Clarification of requirements
PROWAG does not require sidewalks, but if sidewalks are provided a pedestrian access route (PAR) is required
The width of the PAR must be ≥ 4 feet
Snow removal is required: http://www.fhwa.dot.gov/civilrights/programs/ada_sect504qa.htm
Major Changes from 1991 to Now
Major Changes from 1991 to Now
MAINTENANCE
ALTERATIONAddition of New Layer of Asphalt Mill & Fill / Mill & OverlayCape Seals
New ConstructionHot In-Place Recycling Open-graded
Surface CourseMicrosurfacing / Thin-Lift Overlay
Rehabilitation & Reconstruction
Chip SealsFog Seals
Scrub Sealing Crack Filling and Sealing
Joint Crack Seals
Slurry SealsDiamond Grinding
Joint repairsSpot High-
Friction Treatments
Dowel Bar Retrofit
Pavement Patching
Surface Sealing
Kinney v. Yerusalim, 9 F.3d 1067 (3rd Cir. 1993)
Major Changes from 1991 to NowFHWA Guidance - Alterations
https://connectdot.connectsolutions.com/p2lz0u6bt16/?launcher=false&fcsContent=true&pbMode=normal
https://connectdot.connectsolutions.com/p7r08bvr75l/?launcher=false&fcsContent=true&pbMode=normal
Links to webinar:FHWA Technical Assistance on the ADA Requirements to Provide Curb Ramps through Resurfacing
Clarification of requirements
The running slope of the PAR must be ≤ 5% or the grade of the adjoining roadway
Cross slope of crosswalks can be ≤ 5% if no yield or stop control
Major Changes from 1991 to Now
Clarification of requirements
Horizontal openings must be ≤ ½”
Vertical Discontinuities must be ≤ ¼” or ≤ ½” if beveled at 1:2
Major Changes from 1991 to Now
Clarification of requirements
Detectable Warnings are required at curb ramps
Major Changes from 1991 to Now
A ramp is required for each crossing
Three types of curb ramps defined
Major Changes from 1991 to Now
Blended Transition
Perpendicular
Parallel
Audible Pedestrian Signals (APS) are required for signalized pedestrian crossings
Major Changes from 1991 to Now
Develop a Transition Plan! Preparing for PROWAG
The ADA required government agencies with more than 50 employees to evaluate their programs and create a transition plan
Educate and Train Staff!!ADA Coordinator Training Certification
Program: http://www.adacoordinator.org
https://www.ada.gov/pcatoolkit/toolkitmain.htm
Check out the ADA Toolkit
ADA/PROWAG Resourceshttp://www.ada.gov
http://www.access-board.gov
Great Lakes ADA Center: http://www.adagreatlakes.org
ADA National Network: http://adata.org/
Example Transition Plan: https://www.naperville.il.us/contentassets/a45eb03978e4453888bce554ceae7a80/adatransitionplan.pdf
ADA/PROWAG Resources
Pam Broviak, [email protected]
http://www.publicworksgroup.com
Presentations at:http://www.slideshare.net/publicworksgroup
