Overview of ADA and the PROWand

Roles for LTAP/TTAP Centers

Ron W. Eck, P.E.West Virginia LTAPMorgantown, WV

Objectives

• Review key milestones in history of accessibility regulations

• Distinguish between ADAAG and PROWAG

• Identify roles for LTAP/TTAP in assisting communities with respect to accessibility

Significance

• 21% of U.S. population over the age of 15 has a disability (2010 Census)

• 8 million Americans have vision disability, ranging from low vision to total blindness

• NCD estimates that 70% of U.S. population will eventually have a temporary or permanent disability that makes climbing stairs impossible

Historical Background: Pre-1990

• Architectural Barriers Act (1968) required facilities designed, constructed, altered or leased with Federal funds to comply with Accessible Design Standards

• Section 504 of Rehabilitation Act (1973) required curb ramps on Federal-aid projects

Americans with Disabilities Act--1990

• Civil rights law that prohibits discrimination against persons with disabilities. Applies to all entities (public, private, et al.) regardless of funding source

Five Titles of ADA• Title I Employment• Title II State & Local Governments (28 CFR

Part 35)• Title III Public Accommodations (retail,

commercial, sports complexes, movie theaters, et al) (28 CFR Part 36)

• Title IV Telecommunications• Title V Misc., including requirements for US

Access Board to develop design guidelines

Title II - State and Local Governments

Basic Requirements:• Must ensure that individuals with disabilities

are not excluded from programs, services, and activities (pedestrian facilities are an example of a program)

Key Court Decision on Alterations--1993• DOJ and court decisions consider roadway

resurfacing an alteration (1993)• Roadway resurfacing triggers requirement for curb

ramp installations/retrofits (to current standards)• DOJ/DOT Joint Technical Assistance issued 7/8/13

Title II – Maintaining Accessibility (28 CFR 35.133)

• State & local governments must maintain accessible features of facilities in operable working conditions

• Maintenance examples: -- sidewalks in disrepair

-- overgrown vegetation-- snow accumulation -- broken elevator-- work zone accessibility

ADA Accessibility Guidelines (ADAAG)• Developed primarily for buildings & on-site facilities• Do not address all situations (especially those that

are unique to the public right-of-way)

Public Right-of-Way Accessibility Guidelines (PROWAG)

• Originally intended to supplement ADAAG to provide standards specific to public rights-of-way; most recently formatted as a stand-alone document

• Applicable to new construction and alterations (of existing facilities)

• Undergoing the rulemaking process (2011 NPRM published w/ updated guidelines.)

Issues in Draft PROWAG Not Adequately Addressed in ADAAG

• Pedestrian Access Route (e.g. allows sidewalk running slope to match roadway grade)

• Curb ramps – more design options• Detectable warnings• Crosswalks• APS (Accessible Pedestrian Signals) • On-street parking• Roundabouts

Pedestrian Access Route

• Components:– Walkways– Ramps– Curb ramps (excluding flared sides) & landings– Blended transitions– Crosswalks– Pedestrian overpasses & underpasses– Elevators and platform lifts

Everyone Benefits from Curb Ramps

Roles for LTAP/TTAP Centers

• Information Dissemination-- information resources-- newsletter articles-- “executive” briefings

• Technical Assistance

Roles (cont’d)

• Training– One/two hour focused sessions– Half-day sessions– Full-day “Designing Pedestrian Facilities for

Accessibility” (DPFA) workshop– 1.5-day DPFA workshop with field activities– Customized sessions

• Several LTAP staffers attended FHWA 3-day DPFA train-the-trainer sessions in mid-Atlantic and northwest in summer 2010

• No LTAP/TTAP attendance at week-long DPFA train-the-trainer session in late April 2013 in Lakewood, CO

• Therefore, are some qualified LTAP trainers who can assist

Modules Making Up DPFA Class

1. Laws, Regulations, and Pedestrian Characteristics2. Pedestrian Access Route 3. Curb Ramps and Other Transitions4. Detectable Warning Surfaces5. Pedestrian Crossings 6. Accessible Pedestrian Signals7. Street Furniture and Parking8. Work Zones & Maintenance9. Wrap up

Questions?

Ron W. Eck, P.E. West Virginia LTAP Morgantown, WV 304-293-9931 Ronald.Eck@mail.wvu.edu